Amendments to the Commissioner’s Standing Orders (Conduct), SOR/2014-291 (CSO (Conduct))
Enabling Act(s)
Enabling Statute: Royal Canadian Mounted Police Act, R.S.C., 1985, c. R-10. (RCMP Act)
(Relevant statute: Federal Public Sector Labour Relations Act (S.C. 2003, c. 22, s. 2)
Description
The Member Representative Directorate (MRD) was established to provide, assistance and representation to subject members in specified conduct processes under section 47.1 of the RCMP Act and sections 29 and 30 of the CSO (Conduct).
However, the National Police Federation (NPF) was certified by the Federal Public Sector Labour Relations and Employment Board on July 12, 2019, to represent non-commissioned officers. Many civilian members are also now represented by various bargaining agents.
While the RCMP and the NPF entered into a Memorandum of Agreement for the RCMP to continue the provision of MRD services to RCMP members for whom the NPF is the bargaining agent, for an agreed upon transition period, this period has ended for all cases on June 30, 2020.
The time sensitive amendment to the CSO (Conduct) is required to mitigate any risks that a subject member now represented by a bargaining agent relies on section 30 of the CSO (Conduct) to request that the MRD (RCMP) provides them with assistance and representation in conduct related matters (i.e. "stood on their rights" provided by the CSO (Conduct)). Management and the unions have reached an understanding that it is the bargaining agent's responsibility to assist or represent their members in conduct related matters. Amendments to section 30 of the CSO (Conduct) are required to clarify the assistance and representation processes for unionized members in conduct related processes and to avoid labour relations issues should individuals seek MRD services rather than representation services from their unions. Amendments to the CSO (Conduct) would address the current gap in authority to support this understanding and support harmonious labour relations. There are significant costs involved if the process is not clarified for unionized members. The amendments would further avoid allegations that management, through MRD services, is interfering with the union.
As it is currently written, there is no provision in the CSO (Conduct) to deny or to discontinue assistance or representation to members for the reason that they are represented by a bargaining agent.
Potential impacts on Canadians, including businesses
There are no expected impacts on Canadians or businesses.
Since the CSO(Conduct) only apply to RCMP members, stakeholder groups that may be affected by the change are members of the RCMP who are represented by a bargaining agent.
No impact on international trade or investment.
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 with Corporate Member Labour Relations Policy Centre, and the bargaining agents (NPF, CUPE and CMSG) currently in collective bargaining took place. There has been no negative feedback received from unions.
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
Not available.
Departmental contact
Superintendent Colin Miller
Director Conduct Adjudications Directorate
Royal Canadian Mounted Police
Cell: 613-410-5376
colin.miller@rcmp-grc.gc.ca
Date the regulatory initiative was first included in the Forward Regulatory Plan
The request was forwarded on April 16, 2020.
- Date modified: