Amendments to the Commissioner’s Standing Orders (grievances and appeals) SOR/2014-289 (CSO (Grievances and Appeals))
Enabling Act(s)
Royal Canadian Mounted Police Act, R.S.C., 1985, c. R-10 [RCMP Act]
Description
The proposed amendments would modernize and streamline the redress process for members appointed to a rank challenging promotion decisions.
The amendments relate primarily to creating a process for appeals by members appointed to a rank of a written decision made in the course of the selection processes for a promotion to a rank. For greater certainty the proposed amendment excludes promotions to rank described in subs. 31(3), 31(7) and s. 16 RCMP Regulations, 2014, SOR/2014-281. The proposal excludes civilian members who would continue to have the right to grieve (two levels of adjudication) promotion related decisions.
For the change to take place, an amendment to the CSO (Grievances and Appeals) is required. It includes the addition under section 37, of the process for appeals of a written decision made in the course of the selection processes for the promotion of a member appointed to a rank.
The key objective of this initiative is to increase timeliness in rendering decisions as there would be only one level of adjudication instead of two. It would also reduce the resources required to both administer and adjudicate the grievances and appeals files.
Currently, members wishing to challenge a written decision made in the course of the selection process for a promotion to a rank, have to present a grievance pursuant to subsection 31(1) of the RCMP Act. The grievance process incorporates two level of adjudication (Initial and Final Level).
The amendment would incorporate one level of adjudication as it is currently for all appeals under the CSO (Grievances and Appeals). A member who is not successful could seek judicial review at the Federal Court.
Potential impacts on Canadians, including businesses
No impacts on Canadians and businesses.
Stakeholder groups that may be affected by the change are members of the RCMP appointed to a rank.
Regulatory cooperation efforts (domestic and international)
This proposal is not related to any work plan or commitment under a formal regulatory cooperation forum.
Consultations
Consultation took place with RCMP Corporate Staffing Policies, Planning and Promotions, HR Policies, Strategies and Programs. They have indicated support for this amendment.
Consultation with the National Police Federation (NPF), representing Non-Commissioned Officer members is on-going. The proposed change will be reviewed in light of NPF's feedback.
As this amendment would only impact the members of the RCMP, no external consultations were conducted, and a pre-publication comment period was not undertaken.
Further information
Promotion related grievances represent approximately 40% of current files awaiting adjudication. Since 2014, this type of grievances represents approximately 35% of all grievances filed each year under Part III of the RCMP Act.
Departmental contact
Superintendent David Elms
Director Recourse Adjudications Directorate
Royal Canadian Mounted Police
Cell: 613-698-6094
david.elms@rcmp-grc.gc.ca
Date the regulatory initiative was first included in the Forward Regulatory Plan
The request was forwarded in April 2022.
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