Vol. 143, No. 13 — June 24, 2009

Registration

SOR/2009-185 June 15, 2009

ROYAL CANADIAN MOUNTED POLICE ACT

Standing Orders Amending the Commissioner’s Standing Orders (Dispute Resolution Process for Promotions and Job Requirements)

The Commissioner of the Royal Canadian Mounted Police, pursuant to subsections 21(2) (see footnote a) and 31(1) (see footnote b) of the Royal Canadian Mounted Police Act, hereby makes the annexed Standing Orders Amending the Commissioner’s Standing Orders (Dispute Resolution Process for Promotions and Job Requirements).

Ottawa, June 9, 2009

WILLIAM J. S. ELLIOTT
Comissioner

STANDING ORDERS AMENDING THE COMMISSIONER’S STANDING ORDERS (DISPUTE RESOLUTION PROCESS FOR PROMOTIONS AND JOB REQUIREMENTS)

AMENDMENT

1. Subsection 7(2) of the Commissioner’s Standing Orders (Dispute Resolution Process for Promotions and Job Requirements) (see footnote 1) is replaced by the following:

(2) On request by the two parties involved in the consensual settlement process, the adjudicator shall grant an extension of time for submission of a related request for intervention under subsection 8(1).

COMING INTO FORCE

2. These Standing Orders come into force on the day on which they are registered.

REGULATORY IMPACT
ANALYSIS STATEMENT

(This statement is not part of the Standing Orders.)

Issue and objectives

The amendment to the Commissioner’s Standing Orders (Dispute Resolution Process for Promotions and Job Requirements) will amend the English version of subsection 7(2) by adding the word “process” after “consensual settlement” to comply with the French version as well as the intent of the dispute resolution process.

The amendment to the Commissioner’s Standing Orders (Dispute Resolution Process for Promotions and Job Requirements) will also amend the French version of subsection 7(2) by removing the expression “pour la période demandée” to comply with the English version as well as the intent of the dispute resolution process.

Description and rationale

Amendments to the English and French versions of subsection 7(2) of the Commissioner’s Standing Orders (Dispute Resolution Process for Promotions and Job Requirements) are sought.

The necessity for the amendment to the English version was raised in October 2001 by the Standing Joint Committee for the Scrutiny of Regulations. The concern raised was that the English version of subsection 7(2) implies, by using “consensual settlement”, that a final agreement has been reached. On the other hand, the French version of subsection 7(2) uses the term “un processus de règlement consensuel” and suggests that the parties have initiated a process of negotiating a settlement. It appeared that the French version had the more logical meaning inasmuch as the purpose of subsection 7(2) was to provide the parties with the opportunity of extending the time period within which they may conduct negotiations that may lead to a consensual settlement.

During the drafting stage of the amendment to the English version of subsection 7(2), concerns were raised regarding the French version of this provision. It became apparent to the RCMP National Staffing Policy Directorate that the intent of subsection 7(2) is for the adjudicator to have the discretion to allow an extension to submit a request for intervention. However, the French version of subsection 7(2), as currently drafted, removes the adjudicator’s discretion. Consequently, an amendment is proposed to the French version of subsection 7(2) to remove the expression “pour la période demandée”.

Consultation

On August 22, 2006, the RCMP National Staffing Policy Directorate, the RCMP Legal Services Unit, the Internal Affairs Committee, the Director General, Employee and Management Relations and the Assistant Commissioner, Human Resources Programs and Services Branch were provided with the proposed amendments for comments. No comments were received during the consultation period.

In 2007 and 2008, additional consultations were conducted with the RCMP National Staffing Policy Directorate on the proposed Commissioner Standing Orders. These consultations led to the proposed amendment of the French version of subsection 7(2) to remove the expression “pour la période demandée” to comply with the English version and the intent of the process.

Contact

Julie Fréchette
Acting RCMP Regulatory Coordinator
Acting OIC Special Advisory Unit
Professional Standards and External Review Directorate
295, Coventry Road
Ottawa, Ontario
K1A 0R2
Telephone: 613-993-2912
Fax : 613-952-0618
Email: julie.frechette@rcmp-grc.gc.ca

Footnote a
R.S., c. 8 (2nd Supp.), s. 12

Footnote b
R.S., c. 8 (2nd Supp.), s. 16

Footnote 1
SOR/2000-141

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