C-002 - Conduct Authority Decision 

The Respondent was aware of the Appellant’s identity and alleged contraventions of the RCMP Code of Conduct by January 2014. In early 2015, the Respondent applied for and received an extension of the one-year limitation period for imposing conduct measures. The Appellant was then served with a Notice of Conduct Meeting prepared by the Respondent. The Notice set out two allegations which the Appellant later addressed at a conduct meeting. The Respondent issued a decision in which he found that both allegations were established and ordered that two conduct measures be imposed. The first conduct measure was a reassignment to another position not involving a relocation or demotion. The second was a forfeiture of annual leave for a period of 48 hours. The Appellant appealed the decision and the conduct measures imposed.

The ERC observed that five types of conduct appeals are referable to the ERC in accordance with paragraphs 45.15(1)(a) to (e) of the Royal Canadian Mounted Police Act (Act). It found that the present conduct appeal did not fall within the scope of paragraphs 45.15(1)(b), (c), (d), or (e), as those paragraphs identify conduct measures which were not at issue.

Paragraph 45.15(1)(a) of the Act refers to an appeal that involves “a financial penalty of more than one day of the member's pay”. The ERC found that a forfeiture of annual leave does not fall within the scope of paragraph 45.15(1)(a).

The ERC noted that there are multiple conduct measures the imposition of which would have a financial impact on a member but which are not a financial penalty deducted from a member’s pay. Sections 4 and 5 of the Commissioner's Standing Orders (Conduct) (SOR/2014-291) set forth the various conduct measures certain conduct authorities may impose. In both sections, a clear distinction is made between a financial penalty deducted from a member's pay and other conduct measures which have or may have financial impacts on the member. Such other conduct measures include ineligibility for promotion, deferment of pay increment, reduction to the next lower rate of pay and forfeiture of annual leave. This distinction is instructive. It clarifies that a financial penalty deducted from a member's pay is a conduct measure separate from a forfeiture of annual leave and from those other conduct measures which, in addition to their immediate effect, also have indirect financial consequences to the member. Only an appeal involving a financial penalty of more than one day deducted from the member's pay is referable to the ERC pursuant to paragraph 45.15(1)(a) of the Act.

This conduct appeal is not referable to the ERC. As a result, the ERC does not have the legal authority to further review the appeal or make a recommendation.

The Commissioner agreed that the appeal was not referable to the ERC and sent the appeal to the appropriate decision maker.