Interpretation

1 The following definitions apply in these Standing Orders.

Act

Act means the Royal Canadian Mounted Police Act. (Loi)

grievor

grievor means a member who presents a grievance under section 31 of the Act. (requérant)

level I

level I means the initial level in the grievance process for grievances presented under section 31 of the Act. (niveau I)

level II

level II means the final level in the grievance process referred to in subsection 32(1) of the Act. (niveau II)

office for the coordination of grievances

office for the coordination of grievances means the office of the Royal Canadian Mounted Police that is responsible for administrative matters relating to grievances presented under Part III of the Act. (bureau de coordination des griefs)

respondent

respondent means the person who made the decision, act or omission that is the subject of a grievance. (répondant)

senior manager

senior manager means a member, other than an officer, who is at the senior management or executive level. (cadre supérieur)

Level I

• 2 (1) The member who constitutes level I is

  • (a) in the case of a grievance in respect of a stoppage of pay and allowances under section 2 of the R.C.M.P. Stoppage of Pay and Allowances Regulations, a Deputy Commissioner;

  • (b) in the case of a grievance in respect of a decision, act or omission made by a Deputy Commissioner, another Deputy Commissioner designated by the Commissioner;

  • (c) in the case of a grievance in respect of a decision, act or omission made in a region, other than a grievance referred to in paragraphs (a) or (b), an officer or a senior manager for that region designated by the Commissioner;

  • (d) in the case of a grievance in respect of a decision, act or omission made in headquarters, other than a grievance referred to in paragraphs (a) or (b), an officer or a senior manager designated by the Commissioner for headquarters; and

  • (e) in any other case, an officer or a senior manager designated by the Commissioner.

• (2) If the member who constitutes level I under subsection (1) is unable to act, the member who constitutes level I is the officer or senior manager designated by the Commissioner to act in the place of that member.

Presentation of Grievances

Content

3 A grievance presented under section 31 of the Act shall contain the following information:

• (a) the grievor’s name and employee number;

• (b) the decision, act or omission that is being grieved;

• (c) the prejudice the grievor claims to have suffered as a result of the decision, act or omission;

• (d) the corrective action requested; and

• (e) the date on which the grievor learned of the decision, act or omission.

Collective Grievance

4 Two or more members who are aggrieved by a decision, act or omission may present a collective grievance.

Representation

5 A grievor or respondent who authorizes a person to represent or assist them in a grievance shall notify the other party and the office for the coordination of grievances in writing.

Presentation

• 6 (1) For the purpose of subsection 31(2) of the Act, a grievor presents a grievance by providing it to the office for the coordination of grievances or to the grievor’s supervisor.

• (2) A supervisor who is presented with a grievance shall forward it to the office for the coordination of grievances without delay.

• (3) The office for the coordination of grievances shall provide a copy of the grievance to the respondent.

Providing Documents

• 7 (1) A grievor or respondent provides a document to level I or II by providing it to the office for the coordination of grievances.

• (2) On receipt of the document, the office for the coordination of grievances shall provide a copy to the other party.

Access to Information

8 The right of access to written or documentary information under subsection 31(4) of the Act does not extend to information the disclosure of which could reasonably be expected to be injurious to

• (a) the defence of Canada or any state allied or associated with Canada, as defined in subsection 15(2) of the Access to Information Act, or the detection, prevention or suppression of subversive or hostile activities, as defined in that subsection; or

• (b) law enforcement.

Early Resolution

• 9 (1) After receipt of a grievance, the respondent shall contact the grievor and initiate a discussion, oral or written, of the grievance.

• (2) In discussing a grievance,

  • (a) the respondent shall explain the reasons for the decision, act or omission that is the subject of the grievance;

  • (b) the grievor shall explain how he or she is aggrieved; and

  • (c) the parties shall consider if there are any mutually acceptable terms for resolving the grievance without a decision by level I.

• (3) Any discussion by the parties of terms for resolving the grievance is without prejudice to them in the grievance procedure.

10 After the parties have discussed the grievance, they shall provide to level I

• (a) a copy of their agreement, if the parties have reached an agreement to resolve the grievance in which the grievor undertakes to withdraw the grievance;

• (b) a list of the agreed upon and disputed facts or issues relative to the grievance, if the parties have not reached an agreement to resolve the grievance but agree on facts or issues relevant to the grievance; or

• (c) the declaration of each party that they have complied with their obligations under subsections 9(1) and (2) but have not reached an agreement, if the parties have not reached an agreement to resolve the grievance and do not agree on facts or issues relevant to the grievance.

11 Unless the parties consent to their application, sections 9 and 10 do not apply to grievances in respect of a stoppage of pay and allowances under section 2 of the R.C.M.P. Stoppage of Pay and Allowances Regulations or an administrative discharge under paragraph 19(a), (c), (f) or (i) of the Royal Canadian Mounted Police Regulations, 1988.

Written Submissions

• 12 (1) The parties may each provide a written submission in respect of the grievance to the level at which the grievance is presented.

• (2) The grievor may provide a written response to a submission made by the respondent.

• (3) A party shall not present evidence to level II that was not presented to level I unless the evidence could not reasonably have been known by the party at the time the grievance was considered by level I.

Consideration of Grievance

13 The level considering a grievance shall decide all matters relating to it, including the level’s jurisdiction to consider the grievance.

14 If two or more grievances are made in respect of decisions, acts or omissions that are substantially similar, the level considering the grievances may make a decision that applies to each of the grievances.

• 15 (1) The level considering a grievance may, on notice to the parties, request documentation relevant to the grievance from any person.

• (2) The level shall provide to the parties a copy of the documentation received, and advise them that they may each provide a written submission on the documentation.

16 The level considering a grievance may render a decision as to the disposition of the grievance in the absence of the submissions, response or comments of a party or the parties if reasonable notice has been provided to them.

• 17 (1) If the level considering the grievance determines that they have jurisdiction over the grievance under subsections 31(1) and (2) of the Act, the level shall determine if the decision, act or omission that is the subject of the grievance is consistent with applicable legislation and Royal Canadian Mounted Police and Treasury Board policies.

• (2) If the level considering the grievance determines that the decision, act or omission is not consistent with applicable legislation or Royal Canadian Mounted Police or Treasury Board policies, and that it has caused a prejudice to the grievor, the level shall determine what corrective action is appropriate in the circumstances.

• 18 (1) Level II shall return a grievance to level I for reconsideration if

  • (a) the level receives evidence that could have resulted in a different decision by level I if the evidence had been presented at that level; or

  • (b) level I erred in determining that it did not have jurisdiction over the grievance.

• (2) Subsection (1) does not apply to grievances that are referred to the Committee under section 33 of the Act.

Withdrawal of Grievance

19 A grievor may withdraw a grievance by providing notice in writing to the level considering the grievance.

Transitional

20 Every grievance presented under section 31 of the Act that is pending immediately before the coming into force of these Standing Orders shall be continued under the Commissioner’s Standing Orders (Grievances), 1990.

Repeal

21 The Commissioner’s Standing Orders (Grievances), 1990Footnote ¹, are repealed.

• Return to footnote ¹SOR/90-117

Coming into Force

*22 These Standing Orders come into force 15 days after their date of publication in the Canada Gazette.

• Return to footnote ^*[Note: Regulations in force June 19, 2003.]