Commissioner’s Standing Orders Repealing the Commissioner’s Standing Orders (Investigation and Resolution of Harassment Complaints): SOR/2022-5

Canada Gazette, Part II, Volume 156, Number 3

Registration
SOR/2022-5 January 19, 2022

ROYAL CANADIAN MOUNTED POLICE ACT

The Commissioner of the Royal Canadian Mounted Police, pursuant to paragraphs 20.2(1)(l) footnote a and 21(2)(l) footnote b and (m)footnote b and sections 39.1 footnote c and 39.2footnote c of the Royal Canadian Mounted Police Act footnote d, makes the annexed Commissioner’s Standing Orders Repealing the Commissioner’s Standing Orders (Investigation and Resolution of Harassment Complaints).

Ottawa, September 6, 2021

Brenda Lucki
Commissioner of the Royal Canadian Mounted Police

Commissioner’s Standing Orders Repealing the Commissioner’s Standing Orders (Investigation and Resolution of Harassment Complaints)

Repeal

1 The Commissioner’s Standing Orders (Investigation and Resolution of Harassment Complaints) footnote 1 are repealed.

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 Orders.)

Issues and objective

The purpose of this Regulatory Impact Analysis Statement (RIAS) is to provide information in respect to the repeal of the Commissioner’s Standing Orders (Investigation and Resolution of Harassment Complaints).

Background

The Commissioner’s Standing Orders repeal the Commissioners’ Standing Orders (Investigation and Resolution of Harassment Complaints). The Commissioner’s Standing Orders (Investigation and Resolution of Harassment Complaints) were created in 2014 and they govern the process whereby complaints of harassment against members are investigated. The main objective was to bring requirements of the Royal Canadian Mounted Police (RCMP) Code of Conduct and Treasury Board approaches into one timely and efficient harassment process for RCMP employees.

The RCMP has created a new harassment investigation and resolution process as a result of the coming into force, on January 1, 2021, of the new Canada Labour Code Work Place Harassment and Violence Prevention Regulations. The Commissioner’s Standing Orders (Investigation and Resolution of Harassment Complaints) are no longer serving the purpose for which they were created and should therefore be repealed.

Description and rationale

In 2011, serving and retired members of the RCMP began to raise concerns in respect to harassment in the RCMP and challenged its commitments to provide employees with a safe, healthy, respectful and harassment-free work place. The Government provided the RCMP direction to assess the feasibility of proceeding with amendments to the legislative suite governing the RCMP in an effort to begin to transform the manner in which it managed personnel, and to enhance the level of responsibility and accountability. Government support for transformation resulted in the tabling of the Enhancing Royal Canadian Mounted Police Accountability Act (the Accountability Act) on June 20, 2012.

In June 2013, the Accountability Act received royal assent, setting in motion the reform of the Royal Canadian Mounted Police Act (the RCMP Act). On November 28, 2014, both the Accountability act and the RCMP Act came into force. The RCMP created four new Commissioner’s Standing Orders, including the Commissioner’s Standing Orders (Investigation and Resolution of Harassment Complaints), to significantly strengthen the harassment process, and to help ensure a safe, healthy, respectful and harassment-free work place for its employees.

Consultation

On January 1, 2021, the RCMP determined that the Commissioner’s Standing Orders (Investigation and Resolution of Harassment Complaints) should be repealed. All heads of bargaining agents have been informed that the Commissioner’s Standing Orders will be repealed. The National Police Federation and the RCMP have agreed on a Memorandum of Understanding that will complement the new work place harassment process and be consistent with the Canada Labour Code Work Place Harassment and Violence Prevention Regulations. All bargaining agents agree that the Commissioner’s Standing Orders (Investigation and Resolution of Harassment Complaints) should be repealed with the coming into force of the Canada Labour Code Work Place Harassment and Violence Prevention Regulations.

One-for-one rule

The one-for-one rule does not apply to the Orders, as there are no changes in administrative costs to business.

Strategic environmental assessment

In accordance with the Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals, a preliminary scan concluded that a strategic environmental assessment is not required.

Gender-based analysis plus

No gender-based analysis plus (GBA+) impacts have been identified for these Orders.

Contact

Chief Superintendent Stéphane Drouin
Director General
Workplace Responsibility Branch
Royal Canadian Mounted Police
Ottawa, Ontario
K1A 0R2
Email: stephane.drouin@rcmp-grc.gc.ca