C-003 - Conduct Authority Decision 

On February 26, 2015, the Appellant was served with a Notice of Conduct Meeting prepared by the Respondent. The Notice identified one Code of Conduct allegation against the Appellant. Following a Conduct Meeting, the Respondent issued a decision in which he found that the allegation was established. The Respondent imposed conduct measures consisting of a reprimand and a forfeiture of 15 days (120 hours) of annual leave. The Appellant appealed the decision and the conduct measures imposed.

The ERC observed that if an appeal relates to the conduct measures identified in paragraphs 45.15(1)(a) to (e) of the Royal Canadian Mounted Police Act (Act), or to any finding that resulted in the imposition of such measures, the appeal is referred to the ERC. 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.

The ERC then considered whether the imposition of a forfeiture of annual leave for a period of 120 hours made the appeal referable under paragraph 45.15(1)(a), which refers to “a financial penalty of more than one day of the member's pay”. The ERC determined that paragraph 45.15(1)(a) does not include a forfeiture of annual leave.

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.