C-009 - Conduct Authority Decision 

The Appellant was served with a Notice of Conduct Meeting prepared by the Respondent. The Notice identified four Code of Conduct allegations against the Appellant. Following a Conduct Meeting, the Respondent issued a decision in which she found that three of the four allegations were established. The Respondent imposed two conduct measures, each consisting of a forfeiture of annual leave for a period of five (5) days (10 days in total). The Appellant appealed both the findings of the Respondent 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 referable 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 considered whether the imposition of two forfeitures of annual leave for a period of 10 days in total made the appeal referable pursuant to paragraph 45.15(1)(a) of the Act, 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 of, or 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.