Part IIOrderPublished: December 21, 2022

RCMP promotion appeal process change

Commissioner’s Standing Orders Amending the Commissioner’s Standing Orders (Grievances and Appeals): SOR/2022-259

Amends the Commissioner’s Standing Orders (Grievances and Appeals) to let members appointed to a rank appeal certain written promotion decisions (and most job-requirement decisions) under the CSO appeal process instead of the two-level grievance process. The order also adds a definition for “standardized test” and came into force on registration (registered December 5, 2022; published December 21, 2022).

Published
December 21, 2022
Department
1 The Commissioner’s Standing Orders (Grievances and Appeals)
Section
Commissioner’s Standing Orders Amending the Commissioner’s Standing Orders (Grievances and Appeals)
Comment deadline
Unavailable
Effective date
December 5, 2022
Publication part
Part II

Summary

Summary#

This order amends the Commissioner’s Standing Orders (Grievances and Appeals) to change how some promotion-related complaints by RCMP members are handled. It lets members appointed to a rank appeal certain written promotion decisions through the CSO appeal process (one level instead of two), and it adds a definition for standardized test. The instrument was registered on December 5, 2022 and published on December 21, 2022.

What it does#

  • Adds a definition of standardized test: a test the Force uses to assess behaviour, knowledge and experience for job-related skills, including its marking scheme, answer key and development materials; the test must be the same for all takers and scored by a set protocol.
  • Repeals section 4 of the Standing Orders (the text does not explain the practical effect of removing that section).
  • Changes paragraph 37(a) so that a written decision made during a promotion selection process, or about a job requirement for a position (except official languages requirements), can be appealed under Part 3 of the Commissioner’s Standing Orders (Grievances and Appeals).
  • Keeps existing grievances (filed before these rules come into force) under the old Part 1 process (transitional provision).
  • Comes into force on the day it was registered (December 5, 2022).

Who's affected#

  • Members appointed to a rank in the Royal Canadian Mounted Police are the main group affected. They can now appeal certain promotion-related written decisions under the CSO appeal process (single-level adjudication).
  • Commissioned members (CMs) are excluded from this change and keep the two-level grievance process under Part 1.
  • RCMP staffing, adjudicators and case managers will be affected administratively because fewer files will go through the two-level grievance system.
  • The National Police Federation (NPF) was consulted and raised concerns that appeals might be harder to win under the appeal standard.

Why it matters#

  • The change aims to speed up and simplify how promotion-related disputes are decided. Moving from two levels of grievance review to a single appeal should reduce backlog and reduce the time members wait for final decisions.
  • Fewer adjudication and administrative resources should be needed to handle promotion-related complaints.
  • There is a trade-off: the NPF warned the appeal standard (including whether a decision is “clearly unreasonable”) might make it harder for some members to succeed compared with the previous initial-level grievance test. The appeal review still allows consideration of procedural fairness and errors of law.
  • The amendment does not change redress rules for official language requirements, does not affect modern treaty obligations with Indigenous peoples, and does not impose costs on small businesses.

Key topics

Royal Canadian Mounted Police ActRCMP ActCommissioner’s Standing Orders (Grievances and Appeals)CSO (Grievances and Appeals)Royal Canadian Mounted PoliceCommissioner’s Standing Orders (Classification Redress Process for Members)standardized testpromotion appealsgrievance processadjudicationNon-commissioned Officer Promotions Task ForceNational Police FederationTreasury Board SecretariatRoyal Canadian Mounted Police Regulations, 2014

Source: Canada Gazette

Official source