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Royal Canadian Mounted Police Act

Version of section 44 from 2002-12-31 to 2014-11-27:

Marginal note:Objection to member of adjudication board

  •  (1) Within seven days after the day a member is served with a notice of hearing under subsection 43(4), the member may object in writing to the designated officer referred to in subsection 43(1) to the appointment of any member of the adjudication board, and the designated officer shall on receiving the objection decide whether to reject the objection or to allow the objection and appoint a new member of the board.

  • Marginal note:Reasons for objection

    (2) An objection under subsection (1) shall contain reasons for the objection.

  • Marginal note:Notice

    (3) After the designated officer makes a decision under subsection (1) with respect to an objection, the designated officer shall serve the member making the objection with a notice in writing setting out the decision and the reasons therefor and, if the objection is allowed, the designated officer shall

    • (a) appoint a new member of the adjudication board; and

    • (b) set out in the notice

      • (i) the name of the new member, and

      • (ii) a statement of the right of the member to object to the appointment of the new member as provided in this section.

  • Marginal note:Objection to new member

    (4) The provisions of this section apply, with such modifications as the circumstances require, with respect to the appointment of a new member under subsection (3) as though the notice setting out the name of the new member were a notice referred to in subsection (1).

  • Marginal note:Eligibility limited

    (5) An officer is not eligible to be appointed as a member of an adjudication board if the officer

    • (a) has conducted an investigation under section 40 in respect of the conduct that is the subject of the hearing;

    • (b) was a member of a board of inquiry that conducted an investigation in respect of the conduct that is the subject of the hearing;

    • (c) is the immediate superior officer of the member whose conduct is the subject of the hearing; or

    • (d) is otherwise involved in the initiation or processing of the case against the member whose conduct is the subject of the hearing.

  • Marginal note:Chairman

    (6) After the conclusion of all proceedings under this section, the designated officer shall designate one of the members of the adjudication board as chairman.

  • R.S., 1985, c. R-10, s. 44
  • R.S., 1985, c. 8 (2nd Supp.), s. 16

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