C-2014470-71Elizabeth II2021-2022An Act establishing the Public Complaints and Review Commission and amending certain Acts and statutory instrumentsPublic Complaints and Review Commission ActPublic Complaints and Review Commission Act20225
19
MINISTER OF PUBLIC SAFETY91096SUMMARYThis enactment, among other things,establishes, as a replacement of the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police, an independent body, called the Public Complaints and Review Commission, toreview and investigate complaints concerning the conduct and level of service of Royal Canadian Mounted Police and Canada Border Services Agency personnel, andconduct reviews of specified activities of the Royal Canadian Mounted Police and the Canada Border Services Agency;authorizes the Chairperson of the Public Complaints and Review Commission to recommend the initiation of disciplinary processes or the imposition of disciplinary measures in relation to individuals who have been the subject of complaints;amends the Canada Border Services Agency Act to provide for the investigation of serious incidents involving officers and employees of the Canada Border Services Agency;amends the English version of federal statutes and orders, regulations and other instruments to replace references to the “Force” with references to “RCMP”; andmakes consequential amendments to other Acts.TABLE OF PROVISIONSAn Act establishing the Public Complaints and Review Commission and amending certain Acts and statutory instrumentsShort TitlePublic Complaints and Review Commission ActInterpretationDefinitionsPublic Complaints and Review CommissionEstablishment and OrganizationEstablishmentFull- or part-timeChairpersonHead officePowers, Duties and FunctionsPowers, duties and functions of CommissionService standards respecting time limitsEducation and informationRulesProtectionReportingSpecial reportsAnnual reportAnnual report — provincesProtection of confidential informationInformation ProvisionsRight of accessDefinition of privileged informationDocuments and explanationsExceptionsExceptionUse of privileged informationProtection of informationSecurity requirementsSafeguards — third partyDisclosure by Commission prohibitedUse of informationDisclosure prohibitedReview of Specified ActivitiesReview and reportReview for provinceJoint reviewsNational securityPowersInvestigation, Review and Hearing of ComplaintsComplaintsComplaintsNoticeAssistanceChairperson-initiated ComplaintsComplaints initiated by ChairpersonInvestigation of Complaint by RCMP or AgencyInvestigation by RCMP or AgencyRight to refuse investigationRulesWithdrawal of ComplaintsWithdrawal — subsection 33(1)Withdrawal — subsection 33(2)AssistanceInformal ResolutionInformal resolutionRepresentationsRight to make representationsRecords of ComplaintsDuty to establish and maintainInvestigation and Report by RCMP or AgencyRestriction on power to investigateRight to refuse or terminate investigationUpdates with respect to investigationReportCommission’s Powers in Relation to ComplaintsPowersInvestigation by the CommissionComplaintsRestrictionRight to discontinue investigationMerger of complaintsUpdates with respect to investigationReferral of Complaints to CommissionReferral to CommissionReview by CommissionCommissioner’s and President’s responseHearingsHearingSuspensionDuty to suspendJoint ProceedingsJoint investigation, review or hearing — RCMPJoint investigation, review or hearing — AgencyJoint investigations, reviews or hearings — detained personsReports Following Investigation or HearingInterim reportFinal and conclusiveReturn of documents and thingsNotice Recommending Disciplinary Process or MeasureDisciplinary processDisciplinary measureFactorsUse of informationSafeguardsCommissioner’s and President’s Annual ReportReports respecting action takenReview of Integrated Cross-Border Law Enforcement OperationsInterpretationDefinitionsPurposePurposeApplication of ProvisionsApplication of certain provisionsReportingCopy of report to provincial ministersReview for provinceAnnual report — provincesInvestigation, Review and Hearing of ComplaintsApplication of certain provisionsJoint investigations, etc.RulesFinal reportsGeneralDelegationNo effectCooperationRight to be informedRegulationsAttendance of witnesses, etc.Offences — harassment, obstruction, destroying documents etc.Offence — failure to complyOffence to disclose certain informationLimitation periodRoyal Canadian Mounted Police ActCanada Border Services Agency ActTerminologyTerminology change — English versionTransitional Provisions, Consequential and Coordinating Amendments and Coming into ForceTransitional ProvisionsDefinitionsConsequential AmendmentsAccess to Information ActCanada Evidence ActFinancial Administration ActSecurity of Information ActPrivacy ActCustoms ActPublic Sector Compensation ActNational Security and Intelligence Committee of Parliamentarians ActNational Security and Intelligence Review Agency ActAvoiding Complicity in Mistreatment by Foreign Entities ActCoordinating Amendments2013, c. 18Coming into ForceOrder in councilHer Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:Short Title
Short titleThis Act may be cited as the Public Complaints and Review Commission Act.
Interpretation
DefinitionsThe following definitions apply in this Act.Agency means the Canada Border Services Agency. (Agence)CBSA employee means any person who is or was an officer or employee of the Agency. (employé de l’ASFC )child means a person who is or, in the absence of any evidence to the contrary, appears to be under the age of 18 years. (enfant)Commission means the Public Complaints and Review Commission established by subsection 3(1). (Commission)Commissioner means the Commissioner of the Royal Canadian Mounted Police. (commissaire)employee of the Agency includes any person who assists or assisted the Agency in the exercise of any of its powers or the performance of any of its duties and functions under the Canada Border Services Agency Act, other than a person who assists or assisted the Agency by reason only of an agreement or arrangement referred to in subsection 13(3) of that Act. (employé de l’Agence )Minister means the Minister of Public Safety and Emergency Preparedness. (ministre)President means the President of the Agency. (président)proceedings means any investigation or hearing conducted by the Commission with respect to a complaint made under Part 2 or 3. (procédure)program legislation has the same meaning as in section 2 of the Canada Border Services Agency Act. (législation frontalière)RCMP means the Royal Canadian Mounted Police. (Gendarmerie)RCMP employee means any person who is or wasa member, as defined in subsection 2(1) of the Royal Canadian Mounted Police Act; ora person appointed or employed under Part I of that Act. (employé de la GRC)DesignationEvery person designated under subsection 9(2) of the Canada Border Services Agency Act is an officer or employee of the Canada Border Services Agency for the purposes of this Act and, when that person is exercising any power or performing any duty or function by reason of the designation, that person is deemed to be exercising a power or performing a duty or function under the Canada Border Services Agency Act.Complaints regarding level of service — RCMPFor the purposes of subsections 33(1) and 36(1), the taking of, or the failure to take, a decision in relation to the level of any service provided by the RCMP by a person who, at the time the decision was taken, or not taken, as the case may be, was an RCMP employee is deemed to be conduct by the person in the performance of a duty or function under the Royal Canadian Mounted Police Act.Provincial ministers not RCMP employeesFor greater certainty, nothing in subsection (3), 33(1) or 36(1) is to be construed as indicating that a provincial minister involved in the determination of the level of service provided by the RCMP in the province is acting as an RCMP employee.Complaints regarding level of service — AgencyFor the purposes of subsections 33(2) and 36(2), the taking of, or the failure to take, a decision in relation to the level of any service provided by the Agency by a person who, at the time the decision was taken, or not taken, as the case may be, was an officer or employee of the Agency is deemed to be conduct by the person in the exercise of a power or the performance of a duty or function under the Canada Border Services Agency Act.DeemingFor the purposes of this Act, an employee of the Agency who assists or assisted the Agency in the exercise of any of its powers or the performance of any of its duties and functions under the Canada Border Services Agency Act is deemed to be exercising or to have exercised those powers or to be performing or to have performed those duties and functions.
Public Complaints and Review CommissionEstablishment and Organization
EstablishmentThe Public Complaints and Review Commission is established, consisting of a Chairperson, a Vice-chairperson and not more than three other members, appointed by the Governor in Council.IneligibilityA person is not eligible to be a member of the Commission if that personis or was a member, as defined in subsection 2(1) of the Royal Canadian Mounted Police Act;is or was an officer, as defined in subsection 2(1) of the Customs Act, or is or was a person designated by the Minister of Public Safety and Emergency Preparedness as an officer under subsection 6(1) of the Immigration and Refugee Protection Act, who, in performing their normal duties, is or was required to interact with the public; oris not a Canadian citizen or a permanent resident, as defined in subsection 2(1) of the Immigration and Refugee Protection Act.ReappointmentA member of the Commission is eligible for reappointment on the expiry of that member’s term of office.
Full- or part-timeThe Chairperson is a full-time member of the Commission. The other members may be appointed as full-time or part-time members of the Commission.TenureEach member of the Commission holds office during good behaviour for a term of not more than five years but may be removed for cause at any time by the Governor in Council.RemunerationMembers of the Commission are to be paid the remuneration that is to be determined by the Governor in Council.Travel, living and other expensesMembers of the Commission are entitled to be reimbursed, in accordance with Treasury Board directives, for the travel, living and other expenses incurred in connection with their work for the Commission while absent, in the case of full-time members, from their ordinary place of work or, in the case of part-time members, from their ordinary place of residence.Application of Public Service Superannuation ActThe full-time members of the Commission are deemed to be employed in the public service for the purposes of the Public Service Superannuation Act.Application of other ActsMembers of the Commission are deemed to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act.
ChairpersonThe Chairperson has the rank and all the power of a deputy head of a department and has supervision over and direction of the work and staff of the Commission.MeetingsThe Chairperson presides at meetings of the Commission.DelegationThe Chairperson may delegate to the Vice-chairperson or, if the office of Vice-chairperson is vacant, to any other member of the Commission any of the Chairperson’s powers, duties and functions under this Act, except the power to delegate under this subsection and the powers, duties and functions under subsections 17(7), 25(2), 67(1) and 68(1).Absence or incapacityIn the event of the absence or incapacity of the Chairperson or if the office of Chairperson is vacant, the Vice-chairperson has all the powers, duties and functions of the Chairperson. In the event of the absence or incapacity of the Vice-chairperson or if the office of Vice-chairperson is vacant, the Minister may authorize another member of the Commission to exercise the powers and perform the duties and functions of the Chairperson, but a member of the Commission so authorized is not entitled to act as Chairperson for more than 90 days without the Governor in Council’s approval.
Head officeThe head office of the Commission must be in the place in Canada that is designated by the Governor in Council or, if no place is designated, in the National Capital Region described in the schedule to the National Capital Act.Regional officesThe Commission may establish an office in any region of Canada.StaffThe officers and employees that are necessary for the proper conduct of the work of the Commission are to be appointed in accordance with the Public Service Employment Act.Technical assistanceThe Commission may, with Treasury Board’s approval,engage, on a temporary basis, the services of persons having technical or specialized knowledge of any matter relating to the work of the Commission to advise and assist the Commission in the exercise of its powers or the performance of its duties and functions under this Act; andfix and pay the remuneration and expenses of persons engaged under paragraph (a).
Powers, Duties and Functions
Powers, duties and functions of CommissionThe Commission must exercise the powers and perform the duties and functions that are assigned to it by this Act.
Service standards respecting time limitsThe Commission and the RCMP must jointly establish service standards respecting the time limits within which reviews under subsection 28(1) or section 29 are to be conducted and the time limits within which each of them is to deal with complaints made under this Act and specifying the circumstances under which those time limits do not apply or the circumstances under which they may be extended. The Commission must publish on its website those service standards that are related to communications with complainants.Service standards respecting time limitsThe Commission and the Agency must jointly establish service standards respecting the time limits within which reviews under subsection 28(2) are to be conducted and the time limits within which each of them is to deal with complaints made under this Act, and specifying the circumstances under which those time limits do not apply or the circumstances under which they may be extended. The Commission must publish on its website those service standards that are related to communications with complainants.
Education and informationThe Commission must implement public education and information programs to make its mandate better known to the public and may conduct research and consult and cooperate with any person or entity, in or outside Canada, in matters relating to its mandate.
RulesSubject to the provisions of this Act and the regulations, the Commission may make rules respectingthe sittings of the Commission;the fixing of the quorum for the performance of the Commission’s duties and functions;the manner of dealing with matters and business before the Commission generally, including the practice and procedure before the Commission;the apportionment of the Commission’s work among its members; andthe performance of the duties and functions of the Commission generally.Publication of proposed rulesA copy of each rule that the Commission proposes to make must be published in the Canada Gazette and a reasonable opportunity must be given to interested persons to make representations with respect to the proposed rule.Modification after publicationA proposed rule need not be published more than once, whether or not it has been amended as a result of any representations.
ProtectionNo criminal, civil or administrative action or proceeding lies against the members, officers or employees of the Commission, or any person acting on behalf or under the direction of the Commission, for anything done, reported or said in good faith in the exercise or purported exercise of any power, or the performance or purported performance of any duty or function, of the Commission or the Chairperson under this Act.ObserverFor the purposes of subsection (1), a person who is designated as an observer under subsection 45.83(3) of the Royal Canadian Mounted Police Act, including as a result of section 45.98 of that Act, or designated as an observer under section 14.5 of the Canada Border Services Agency Act is deemed to be acting on behalf or under the direction of the Commission in the exercise or purported exercise of a power, or the performance or purported performance of any duty or function, of the Commission.No summonsA member, officer or employee of the Commission, or any person acting on behalf or under the direction of the Commission, is not a competent or compellable witness, in respect of any matter coming to the knowledge of the Commission or that person as a result of exercising a power or performing a duty or function of the Commission or the Chairperson, in any proceeding other than a prosecution for an offence under this Act, a prosecution for an offence under the Security of Information Act or a prosecution for an offence under section 132 or 136 of the Criminal Code.
Reporting
Special reportsThe Commission may, on the request of the Minister or on its own initiative, provide the Minister with a special report, and a summary of the report, concerning any matter that relates to its powers, duties and functions under this Act.CopyThe Minister may provide a copy of the report or summary to the Commissioner or President if the Minister considers it appropriate to do so.Summary to be made publicThe Commission must make the summary of the report public after at least 15 days have elapsed after the day on which the summary is provided to the Minister.ExemptionWhen the Commission provides the report to the Minister, section 21 and subsection 22(2) do not apply in respect of any information referred to in subsection 16(4), or privileged information, as defined in subsection 17(1), set out in the report.
Annual reportThe Chairperson must, within three months after the end of each fiscal year, submit to the Minister a report of the activities of the Commission under this Act during that year, and its recommendations, if any. The Minister must cause a copy of the report to be tabled in each House of Parliament on any of the first 15 days on which that House is sitting after the day on which the Minister receives the report.ContentsThe report referred to in subsection (1) mustcontain information respecting the Commission’s performance in relation to the service standards established under section 8;set out the number of complaints made under this Act by persons detained by the Agency and a summary of the nature, status and disposition of those complaints;to the extent known by the Chairperson, set out the number of complaints made by persons who are or have been detained on behalf of the Agency under an agreement or arrangement referred to in subsection 13(3) of the Canada Border Services Agency Act and who have made a complaint respecting their treatment during detention — or their conditions of detention — and a summary of the nature, status and disposition of those complaints;set out the number of serious incidents, as defined in subsection 45.79(1) of the Royal Canadian Mounted Police Act, that the Commission was notified of under section 45.8 of that Act, including as a result of section 45.98 of that Act, and contain information concerning their type, the provinces in which they are alleged to have occurred and whether charges were laid in respect of them;set out the number of serious incidents, as defined in subsection 14.1(1) of the Canada Border Services Agency Act, that the Commission was notified of under section 14.2 of that Act and contain information concerning their type, the provinces in which they are alleged to have occurred and whether charges were laid in respect of them;contain data about complainants, including disaggregated race-based data, in a form that prevents data obtained from an identifiable person from being related to that person; andcontain information prescribed by the regulations.
Annual report — provincesThe Commission must, for each fiscal year and in respect of each province the government of which has entered into an arrangement with the Minister under section 20 of the Royal Canadian Mounted Police Act, submit to the provincial minister who has the primary responsibility for policing in that province a report setting out the number and nature of complaints relating to conduct that occurred in that province and how those complaints were disposed of and identifying trends, if any. The Commission must submit a copy of that report to the Minister and the Commissioner.Performance in relation to time limitsThe report must contain information respecting the Commission’s performance in relation to the service standards established under subsection 8(1).
Protection of confidential informationThe Commission must, when preparing a summary referred to in subsection 12(1) or 28(7), an annual report referred to in section 13, or a report referred to in subsection 57(2), 58(2) or 64(3), take the steps that it considers necessary to ensure that the report or summary does not containinformation referred to in subsection (2) the disclosure of which would be injurious to national security, national defence or international relations or would compromise or seriously hinder the administration or enforcement of program legislation or the investigation or prosecution of any offence; orinformation referred to in subsection (2) that is subject to solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege.Description of informationThe information described in subsection (1) is any information that the Commission obtained — or is created from information that it obtained — under this Part.
Information Provisions
Right of accessSubject to sections 17 and 19, the Commission is entitled to have access to any information under the control, or in the possession, of the RCMP or the Agency that the Commission considers is relevant to the exercise of its powers, or the performance of its duties and functions, under this Part and Part 2.Duty to complyIf access is requested under subsection (1), the RCMP or the Agency, as the case may be, must comply with the request within the prescribed time following the day on which the request is made.Access to recordsThe entitlement to access includes the right to examine all or any part of a record and to be given a copy of all or any part of a record.IdentificationIf the Commissioner or the President is of the opinion that the disclosure of any information referred to in subsection (1), other than privileged information, as defined in subsection 17(1), to any person or entity, other than a member, officer or employee of the Commission or a person acting on its behalf, gives rise to a risk of serious harm to a person, the Commissioner or President, as the case may be, must identify the information to the Commission when providing the Commission with access to the information.ApplicationExcept as provided by any other Act of Parliament that expressly refers to this section, this section applies despite any other Act of Parliament.
Definition of privileged informationIn this section and sections 19 to 26, privileged information means information that is subject to any type of privilege or confidentiality that exists and may be claimed, includinginformation that is subject to solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege;information that is subject to informer privilege;information the disclosure of which is described in subsection 11(1) of the Witness Protection Program Act;special operational information, as defined in subsection 8(1) of the Security of Information Act;information or intelligence that is similar in nature to information or intelligence referred to in any of paragraphs (a) to (f) of the definition special operational information in subsection 8(1) of the Security of Information Act and that is in relation to, or is received from, any police force or Interpol or other similar international police organization;medical information about a member, as defined in subsection 2(1) of the Royal Canadian Mounted Police Act, or other person appointed or employed under Part I of that Act; andmedical information about an officer or employee of the Canada Border Services Agency.Access to privileged informationDespite any privilege or confidentiality that exists and may be claimed in relation to any information, the Commission is entitled to have access toprivileged information, including information subject to solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege, under the control, or in the possession, of the RCMP or the Agency if that information is relevant and necessary to the matter before the Commission when it is conducting a review under subsection 28(1) or (2) or section 29; andprivileged information, other than information subject to solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege, under the control, or in the possession, of the RCMP or the Agency if that information is relevant and necessary to the matter before the Commission when it is conducting an investigation, review or hearing under Part 2.Access to recordsThe entitlement to access includes the right to examine all or any part of a record and, subject to the Commissioner’s or President’s approval, to be given a copy of all or any part of a record.Request for informationIf the Commission is entitled to have access to information under subsection (2) that is under the control, or in the possession, of the RCMP or the Agency, the Commission may make a request to the Commissioner or President, as the case may be, that the information be provided to the Commission.Provision of informationAfter the Commissioner or President receives the request, he or she must provide or cause to be provided to the Commission, within the prescribed time, the requested information to which it is entitled to have access under subsection (2).Refusal and reasonsIf the Commissioner or President refuses access to privileged information sought by the Commission under this section, the Commissioner or President, as the case may be, must, without disclosing the privileged information,indicate to the Commission why the privileged information is not relevant or necessary to the matter before the Commission; andprovide the Commission with information about the nature and date of the privileged information.Memorandum of understandingThe Chairperson, the Commissioner and the President, or the Chairperson and either of them, may enter into a memorandum of understanding setting out principles and procedures respecting access to information under subsection (2) and principles and procedures to protect that information.ApplicationExcept as provided by any other Act of Parliament that expressly refers to this section, this section, or any regulation made under paragraph 87(c), applies despite any other Act of Parliament.For greater certaintyFor greater certainty, the disclosure to the Commission under this section of any information that is subject to solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege does not constitute a waiver of those privileges or that secrecy.
Documents and explanationsThe Commission is entitled to receive from any member, as defined in subsection 2(1) of the Royal Canadian Mounted Police Act, any person appointed or employed under Part I of that Act or any officer or employee of the Canada Border Services Agency any documents and explanations that the Commission considers necessary for the exercise of its powers and the performance of its duties and functions under this Part.
ExceptionsDespite section 17, the Commission is not entitled to have access to information under the control, or in the possession, of the RCMP or the Agency if the information revealsinformation relating to a request made by a member, as defined in subsection 2(1) of the Royal Canadian Mounted Police Act, or other person appointed or employed under Part I of that Act for legal assistance or indemnification from Her Majesty in right of Canada;information relating to a request made by an officer or employee of the Canada Border Services Agency for legal assistance or indemnification from Her Majesty in right of Canada;communications referred to in subsection 47.1(2) of the Royal Canadian Mounted Police Act;information that is subject to solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege and that relates to the provision of advice to a member, as defined in subsection 2(1) of the Royal Canadian Mounted Police Act, or other person appointed or employed under Part I of that Act when the privilege or secrecy may be claimed by the member or other person and not the RCMP;information that is subject to solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege and that relates to the provision of advice to an officer or employee of the Canada Border Services Agency when the privilege or secrecy may be claimed by the officer or employee and not the Agency;information that is subject to solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege when the privilege or secrecy may be claimed by the RCMP or the Agency and that relates to the RCMP’s or the Agency’s dealings with the Commission, includinglegal opinions relating to the way in which the RCMP or the Agency should conduct itself in regard to the Commission, andminutes of meetings held by the RCMP or the Agency relating to the way in which it should conduct itself in regard to the Commission;any report prepared for the Commissioner in respect of a meeting held or to be held between the Commission and the RCMP and containing analysis or advice relating to the meeting; andany report prepared for the President in respect of a meeting held or to be held between the Commission and the Agency and containing analysis or advice relating to the meeting.Exception — confidencesNothing in this Part authorizes a person to disclose to the Commission a confidence of the Queen’s Privy Council for Canada in respect of which subsection 39(1) of the Canada Evidence Act applies, and the Commission may not use the confidence if it is disclosed.
ExceptionThe Commission is not entitled to have access toa confidence of the Queen’s Privy Council for Canada the disclosure of which could be refused under section 39 of the Canada Evidence Act; orcommercial information that Canada has committed under an international agreement to keeping confidential.
Use of privileged informationIf the Commission obtains access to privileged information in respect of a matter under subsection 17(2), the Commission may use that information only in respect of that matter.
Protection of informationThe Commission may, by regulation, establish measures to protect the information under its control or in its possession.Consultation and approvalSubject to subsection 25(2), if the Commission obtains access to information referred to in subsection 16(4) or to privileged information from the RCMP or the Agency, a member, officer or employee of the Commission and any other person acting on its behalf must not distribute any report or other document that contains or discloses the information or any part of it without having first obtained the Commissioner’s or President’s approval, as the case may be.Time limitThe Commissioner or President must indicate whether he or she approves the distribution of a report or other document under subsection (2) as soon as feasible after being consulted under that subsection.RegulationsThe Governor in Council may make regulations respecting measures to protect the information under the control, or in the possession, of the Commission.Conflict or inconsistencyIn the event of a conflict or inconsistency between the regulations made under subsections (1) and (4), the regulations made under subsection (4) prevail to the extent of the conflict or inconsistency.Duty to comply with regulationsSubject to subsection (5), every member, employee and officer of the Commission and every person acting on its behalf must comply with the regulations made under subsections (1) and (4).
Security requirementsEvery member, employee and officer of the Commission and every other person acting on its behalf mustobtain and maintain the necessary security clearance from the Government of Canada and take the oath of secrecy prescribed by regulation;comply with all security requirements under this Part and the Security of Information Act; andfollow established procedures or practices, including any requirement found in a Treasury Board policy, guideline or directive, for the secure handling, storage, transportation and transmission of information or documents.
Safeguards — third partyThe Commission must not disclose information referred to in subsection 16(4) that it has received from the RCMP or Agency to any person or entity other than a member, employee or officer of the Commission or a person acting on its behalf unless the Chairperson is satisfied thatthe person or entity will take reasonable measures to protect that information;the person or entity will require all of its members, employees, officers and other persons acting on its behalf to meet requirements that are equivalent to the requirements referred to in section 23; andthe person or entity has agreed to any measures that would assist the Commission to verify compliance with the obligations described in paragraphs (a) and (b), which may include agreeing to permit the Commission to enter and inspect the premises of the person or entity and any information storage facilities and to provide any information or documents requested by the Commission.Duties to complyEvery person who has received information under this section must comply with the regulations made under paragraph 87(b).
Disclosure by Commission prohibitedExcept as authorized under subsection (2), a member, officer or employee of the Commission and any other person acting on its behalf must not provide information to any person, or allow any person to have access to information, knowing that the information is privileged information to which they had access under subsection 17(2) or being reckless as to whether the information is such information.Authorized disclosureEvery person who is otherwise prohibited under subsection (1) from disclosing privileged information may, if authorized by the Chairperson, disclose that informationto the Attorney General of Canada or of a province if, in the opinion of the Chairperson, the information relates to the commission of an offence under federal or provincial law by a director, an officer or an employee of a government institution and there is evidence of such an offence and the information is required in criminal proceedings, either by indictment or on summary conviction, that have been commenced by the laying of an information or the preferring of an indictment, under an Act of Parliament;to the Minister other than in an annual report referred to in section 13;to the Commissioner if, in the opinion of the Chairperson, the information is required for the purpose of enabling the Commissioner to exercise his or her powers or perform his or her duties and functions under the Royal Canadian Mounted Police Act; andto the President if, in the opinion of the Chairperson, the information is required for the purpose of enabling the President to exercise his or her powers or perform his or her duties and functions under the Canada Border Services Agency Act.Disclosure of privileged information — proceedingsA member, officer or employee of the Commission or other person acting on its behalf must not be required, in connection with any criminal, civil or administrative action or proceeding, to give or produce evidence relating to privileged information to which he or she had access under subsection 17(2).ApplicationExcept as provided by any other Act of Parliament that expressly refers to it, this section applies despite any other Act of Parliament other than the Access to Information Act and the Privacy Act.ApplicationThis section applies despite subsection 13(1) of the Auditor General Act and subsection 79.4(1) of the Parliament of Canada Act.
Use of informationDespite any provision in the Royal Canadian Mounted Police Act or the Canada Border Services Agency Act, but subject to subsection (2), a member, officer or employee of the Commission, with the Chairperson’s approval, may, in the exercise of their powers or the performance of their duties and functions under this Act,use information obtained by the Commission under this Act relating to a complaint ifthe information relates to a particular event or series of events that involved one or more RCMP employees and one or more CBSA employees,the information is relevant and necessary to deal with a complaint made under section 33 or 36 that relates to the event or series of events or to initiate a complaint under section 36 that relates to the event or series of events, andthe information is used solely for the purpose of dealing with the complaint or initiating the complaint; anduse information obtained by the Commission under a review conducted under section 28 or 29 of any activity that was, is or may be carried out by the RCMP or Agency ifthe information is relevant and necessary to the conduct of a review under subsection 28(1) or (2) of any similar activity that was, is or may be carried out by the RCMP or Agency, andthe information is used solely for the purposes of the review referred to in subparagraph (i).Opportunity to make representationsIf the information is privileged information that was obtained from the RCMP or Agency, a member, officer or employee of the Commission and any person acting on its behalf must not use the information without having first given the Commissioner or President, as the case may be, an opportunity to make representations.
Disclosure prohibitedA current or former member, officer or employee of the Commission, or any person who is acting or has acted on the Commission’s behalf, may disclose information that they obtained or to which they had access in the course of exercising their powers or performing their duties and functions under this Act only for the purpose of exercising their powers or performing their duties and functions under this Act or as authorized or required by any other law.
Review of Specified Activities
Review and reportFor the purpose of ensuring that the activities of the RCMP are carried out in accordance with the Royal Canadian Mounted Police Act or the Witness Protection Program Act, any regulations or ministerial directions made under them or any policy, procedure or guideline relating to the operation of the RCMP, the Commission may, on the request of the Minister or on its own initiative, conduct a review of specified activities of the RCMP and provide a report to the Minister and the Commissioner on the review.Review and reportFor the purpose of ensuring that the activities of the Agency are carried out in accordance with the Canada Border Services Agency Act, any ministerial directions made under that Act and any policy, procedure or guideline relating to the operation of the Agency, the Commission may, on the request of the Minister or on its own initiative, conduct a review of specified activities of the Agency and provide a report to the Minister and the President on the review.ConditionsIn order to conduct a review on its own initiative, the Commission must be satisfied thatsufficient resources exist for conducting the review and the handling of complaints under Part 2 will not be compromised; andno other review or inquiry has been undertaken on substantially the same issue by a federal or provincial entity.NoticeBefore conducting a review on its own initiative, the Commission must give a notice to the Minister indicating that the Commission is satisfied that the conditions referred to in subsection (3) have been met and setting out the rationale for conducting the review.Policies, procedures and guidelinesThe Commission must include in the report any findings and recommendations that it sees fit regarding the adequacy, appropriateness, sufficiency or clarity of any policy, procedure or guideline relating to the operation of the RCMP or Agency, as the case may be.Copy of report to provincial ministersThe Commission may provide a copy of the report made under subsection (1) to the provincial minister who has the primary responsibility for policing in any province in respect of which there is an arrangement between the government of the province and the Minister under section 20 of the Royal Canadian Mounted Police Act.Summary of reportThe Commission must make public a summary of every report.Opportunity to make commentsBefore making the summary public, the Commission must give the Commissioner or President, as the case may be, an opportunity to submit comments on the findings and recommendations included in the report within 60 days after the day on which the report is received by him or her or any longer period that the Minister considers appropriate. The Commission must make public any comments that the Commissioner or President submits at the same time as it makes the summary public.
Review for provinceIf there is an arrangement between the government of a province and the Minister under section 20 of the Royal Canadian Mounted Police Act, the provincial minister who has the primary responsibility for policing in that province may ask the Minister to request that the Commission conduct a review of specified activities of the RCMP in that province.ReportIf the Commission conducts a review under this section, it must provide the Minister, the provincial minister who asked for the review and the Commissioner with a report on the review. The Commission may provide a copy of the report to any other provincial minister who has the primary responsibility for policing in a province.Findings and recommendationsThe Commission must include in its report any findings and recommendations that the Commission sees fit regardingwhether the activities of the RCMP are carried out in accordance with the Royal Canadian Mounted Police Act or the Witness Protection Program Act, any regulations or ministerial directions made under them or any policy, procedure or guideline relating to the operation of the RCMP; andthe adequacy, appropriateness, sufficiency or clarity of any policy, procedure or guideline relating to the operation of the RCMP.
Joint reviewsIf a review conducted under subsection 28(2) concerns the detention of persons on behalf of the Agency under an agreement or arrangement referred to in subsection 13(3) of the Canada Border Services Agency Act, the Commission may conduct that review jointly with any competent authority in the province where the persons are or were detained.
National securityThe Commission does not have jurisdiction to conduct a review of an activity that is related to national security.ReferralThe Commission must refer any matter related to national security arising from a request for a review under subsection 28(1) or (2) or section 29 to the National Security and Intelligence Review Agency.
PowersThe Commission has, when conducting a review under subsection 28(1) or (2) or section 29, all of its powers under subsection 50(1).ApplicationSubsections 50(2) to (6) apply, with any necessary modifications, to the exercise of the powers by the Commission under subsection (1).
Investigation, Review and Hearing of ComplaintsComplaints
ComplaintsAny individual may make a complaint concerning the conduct, in the performance of any duty or function under the Royal Canadian Mounted Police Act or the Witness Protection Program Act, of any person who, at the time that the conduct is alleged to have occurred, was an RCMP employee.ComplaintsAny individual may make a complaint concerning the conduct, in the exercise of any power of the Agency or the performance of any of its duties or functions under the Canada Border Services Agency Act, of any person who, at the time that the conduct is alleged to have occurred, was a CBSA employee.Time limitThe complaint must be made within one year after the day on which the conduct is alleged to have occurred or any longer period permitted under subsection (4) or (5).Extension of time limit — subsection (1)The Commission or the Commissioner may extend the time limit for making a complaint under subsection (1) if the Commission or the Commissioner, as the case may be, is of the opinion that there are good reasons for doing so and that it is not contrary to the public interest.Extension of time limit — subsection (2)The Commission or the President may extend the time limit for making a complaint under subsection (2) if the Commission or the President, as the case may be, is of the opinion that there are good reasons for doing so and that it is not contrary to the public interest.NoticeIf a complaint is made after the end of the one-year period following the day on which the conduct is alleged to have occurred and the Commissioner or President does not extend the time limit for the making of the complaint, he or she must so notify the complainant and the Commission.Receipt of complaint — subsection (1)A complaint under subsection (1) must be made tothe Commission;a member, as defined in subsection 2(1) of the Royal Canadian Mounted Police Act, or other person employed under Part I of that Act; orthe provincial authority that is responsible for the receipt of complaints against police in the province in which the subject matter of the complaint arose.Receipt of complaint — subsection (2)A complaint under subsection (2) must be made tothe Commission; orthe Agency.Acknowledgement and notification — subsection (7)As soon as feasible after a person or entity referred to in subsection (7) receives a complaint, the person or entity, as the case may be, must acknowledge the complaint in writing to the complainant and provide written notice of the complaint toif the complaint was received by the Commission, the Commissioner and the provincial authority referred to in paragraph (7)(c);if the complaint was received by a person referred to in paragraph (7)(b), the Commission, the Commissioner and the provincial authority referred to in paragraph (7)(c); orif the complaint was received by the provincial authority referred to in paragraph (7)(c), the Commissioner and the Commission.Acknowledgement and notification — subsection (8)As soon as feasible after receiving a complaint under subsection (8),the Commission must acknowledge the complaint in writing to the complainant and provide written notice of the complaint to the President; orthe Agency must acknowledge the complaint in writing to the complainant and provide written notice of the complaint to the Commission.Covert operationsThe Commission, the RCMP and the Agency are authorized to acknowledge a complaint or otherwise deal with a complainant in a manner that does not reveal, or from which cannot be inferred, information concerningwhether a place, person, agency, group, body or other entity was, is or is intended to be the object of a covert investigation or a covert collection of information or intelligence; orthe identity of any person who is, has been or is intended to be engaged in a covert collection of information or intelligence.
NoticeAs soon as feasible after being notified of a complaint, the Commissioner or President, as the case may be, must notify in writing the RCMP employee or CBSA employee, as the case may be, whose conduct is the subject matter of the complaint of the substance of the complaint unless, in the Commissioner’s or President’s opinion, to do so might compromise or hinder any investigation that is being or may be carried out in respect of the complaint.
AssistanceThe Commission must, on the request of an individual who wishes to make a complaint, arrange for the provision of assistance to that individual in making the complaint.
Chairperson-initiated Complaints
Complaints initiated by ChairpersonIf the Chairperson is satisfied that there are reasonable grounds to investigate the conduct, in the performance of any duty or function under the Royal Canadian Mounted Police Act or the Witness Protection Program Act, of any person who was an RCMP employee at the time that the conduct is alleged to have occurred, the Chairperson may initiate a complaint in relation to that conduct.Complaints initiated by ChairpersonIf the Chairperson is satisfied that there are reasonable grounds to investigate the conduct, in the exercise of any power of the Agency or the performance of any of its duties or functions under the Canada Border Services Agency Act, of any person who was a CBSA employee at the time that the conduct is alleged to have occurred, the Chairperson may initiate a complaint in relation to that conduct.Chairperson is complainantUnless the context otherwise requires, a reference in this Part to a complainant is, in relation to a complaint initiated under subsection (1) or (2), a reference to the Chairperson.NoticeThe Chairperson must notify the Minister and the Commissioner or President, as the case may be, of any complaint initiated under subsection (1) or (2).Notice to employeeAs soon as feasible after being notified of a complaint under subsection (4), the Commissioner or President, as the case may be, must notify in writing the RCMP employee or the CBSA employee, as the case may be, whose conduct is the subject matter of the complaint of the substance of the complaint unless, in the Commissioner’s or President’s opinion, to do so might compromise or hinder any investigation that is being or may be carried out in respect of the complaint.
Investigation of Complaint by RCMP or Agency
Investigation by RCMP or AgencySubject to subsections (2) to (4) and sections 38, 46 and 47, the RCMP or Agency, as the case may be, must investigate, in accordance with the rules made under section 39, any complaint made under this Part.Restriction on power to investigateThe RCMP or Agency must not commence an investigation of a complaint if the Commission has notified the Commissioner or President, as the case may be, that it will investigate that complaint or institute a hearing to inquire into that complaint.Restriction on power to investigate — RCMPThe RCMP must not commence an investigation of a complaint if, in its opinion, doing so would compromise or seriously hinder the investigation or prosecution of any offence.Restriction on power to investigate — AgencyThe Agency must not commence an investigation of a complaint if, in its opinion, doing so would compromise or seriously hinder the administration or enforcement of program legislation or the investigation or prosecution of any offence.
Right to refuse investigationThe Commissioner may direct the RCMP — or the President may direct the Agency — not to commence an investigation of a complaint, other than a complaint initiated under subsection 36(1) or (2), if, in his or her opinion,the complaint is trivial, frivolous, vexatious or made in bad faith;the complaint is from an individual whois not the individual at whom the conduct was directed,is neither the guardian, tutor, curator or mandatary — under a protection mandate — of the individual at whom the conduct was directed nor a person who is appointed to act in a similar capacity on behalf of the individual,did not see or hear the conduct or its effects as a result of not being physically present at the time when and the place where the conduct or its effects occurred,has not been given written permission to make the complaint from the individual at whom the conduct was directed, orhas not suffered loss, damage, distress, danger or inconvenience as a result of the conduct;the complaint concerns a decision under Part IV of the Royal Canadian Mounted Police Act;the complaint relates to a disciplinary measure taken, or not taken, by the President; orhaving regard to all the circumstances, it is not necessary or reasonably practicable to commence an investigation of the complaint.Duty to refuse investigationThe Commissioner must direct the RCMP — or the President must direct the Agency — to not commence an investigation of a complaint by an RCMP employee or CBSA employee if the complaint has been or could have been adequately dealt with, or could more appropriately be dealt with, according to a procedure provided for under any Act of Parliament — other than this Act — or any Act of the legislature of a province.Notice to complainant and employeeIf the Commissioner directs the RCMP — or the President directs the Agency — to not commence an investigation of a complaint, the Commissioner or President must give notice in writing to the complainant and the RCMP employee or CBSA employee whose conduct is the subject matter of the complaint of the decision and the reasons for it and the complainant’s right to refer the complaint to the Commission for review, within 60 days after the day on which the complainant is notified of the decision, if the complainant is not satisfied with the decision.Additional information in notice to complainantIf the RCMP or the Agency is directed to not commence an investigation of a complaint because the complaint could more appropriately be dealt with according to a procedure provided for under any Act of Parliament — other than this Act — or any Act of the legislature of a province, the notice given to the complainant under subsection (3) must identify that procedure.Notice to CommissionThe Commissioner or President must notify the Commission of any action he or she takes under this section.
RulesThe Commissioner and the President may each make with the Commission rules governing the procedures to be followed by the RCMP or Agency, as the case may be, in notifying persons under this Part and in investigating, disposing of or otherwise dealing with complaints under this Part.
Withdrawal of Complaints
Withdrawal — subsection 33(1)A complainant may withdraw a complaint made under subsection 33(1) at any time by sending a written notice to the Commission or the Commissioner.Notice of withdrawalAs soon as feasible after the Commission or the Commissioner receives a notice that a complaint made under subsection 33(1) has been withdrawn under subsection (1), he or she must give written notice of the withdrawal to the other.Notice to RCMP employeeWhen the Commissioner receives a notice under subsection (1) or (2), he or she must notify in writing the RCMP employee whose conduct is the subject matter of the complaint that the complaint has been withdrawn.Investigation or hearing into withdrawn complaintDespite the withdrawal of the complaint, the complaint may be the subject of an investigation, review or hearing conducted under this Part.Preservation of evidenceThe Commissioner must ensure the protection and preservation of any evidence relating to a withdrawn complaint made under subsection 33(1).
Withdrawal — subsection 33(2)A complainant may withdraw a complaint made under subsection 33(2) at any time by sending a written notice to the Commission or the President.Notice of withdrawalAs soon as feasible after the Commission or the President receives a notice that a complaint made under subsection 33(2) has been withdrawn under subsection (1), he or she must give written notice of the withdrawal to the other.Notice to CBSA employeeWhen the President receives a notice under subsection (1) or (2), he or she must notify in writing the CBSA employee whose conduct is the subject matter of the complaint that the complaint has been withdrawn.Investigation or hearing into withdrawn complaintDespite the withdrawal of the complaint, the complaint may be the subject of an investigation, review or hearing conducted under this Part.Preservation of evidenceThe President must ensure the protection and preservation of any evidence relating to a withdrawn complaint made under subsection 33(2).
AssistanceThe Commission must, on the request of an individual who wishes to withdraw a complaint made under subsection 33(1) or (2), arrange for the provision of assistance to that individual in withdrawing the complaint.
Informal Resolution
Informal resolutionAs soon as feasible after receiving or being notified of a complaint made under subsection 33(1) or (2), the Commissioner or President, as the case may be, must consider whether the complaint can be resolved informally and, with the consent of the complainant and the RCMP employee or CBSA employee, as the case may be, whose conduct is the subject matter of the complaint, may attempt to resolve it informally.InadmissibilityAn answer or statement made in the course of attempting to resolve a complaint informally, by the complainant or the RCMP employee or CBSA employee, as the case may be, whose conduct is the subject matter of the complaint, may be used or received against that person only ina prosecution under section 132 or 136 of the Criminal Code; ora civil or administrative proceeding in respect of an allegation that with intent to mislead the witness gave the answer or statement knowing it to be false.Agreement to informal resolution in writingThe terms of every informal resolution of a complaint, as well as the agreement to those terms of the complainant and the RCMP employee or CBSA employee, as the case may be, whose conduct is the subject matter of the complaint to those terms, must be signified in writing. A copy of everything so signified in writing is to be provided to the Commission.ClarificationFor greater certainty, nothing in this section prevents the Commission from informally resolving a complaint of which it is seized under this Part and, if the Commission attempts to informally resolve a complaint, subsections (2) and (3) apply.
Representations
Right to make representationsIf a complaint is made under this Part with respect to the conduct of an RCMP employee or CBSA employee, the following persons must be given an opportunity to make representations with respect to that conduct’s impact on them or the individual at whom the conduct was directed:the complainant;the guardian, tutor, curator or mandatary — under a protection mandate — of the individual at whom the conduct was directed or a person who is appointed to act in a similar capacity on behalf of the individual; andan individual who has written permission to make the representations from the individual at whom the conduct was directed.DisclosureRepresentations, including any personal information contained in them, received by the Commission in relation to the complaint must be disclosed as soon as feasible to the RCMP or Agency, as the case may be.Use of representationsIf feasible, representations disclosed to the RCMP under subsection (2) must be taken into account by a conduct authority or conduct board in determining a conduct measure to be imposed under Part IV of the Royal Canadian Mounted Police Act.
Records of Complaints
Duty to establish and maintainThe Commission, the Commissioner and the President must each establish and maintain a record of all complaints they receive or for which they are provided notice under this Part, including those that are resolved informally and those that are withdrawn by the complainant.Making record availableSubject to sections 17 and 19, the Commissioner and the President must, on request, make available to the Commission any information contained in a record maintained by them under subsection (1), other than information described in paragraph 20(a) or (b).
Investigation and Report by RCMP or Agency
Restriction on power to investigateThe RCMP or Agency must not continue an investigation of a complaint if the Commission has notified the Commissioner or President, as the case may be, that it will investigate that complaint or institute a hearing to inquire into that complaint.Restriction on power to investigate — AgencyThe Agency must not continue an investigation of a complaint if, in its opinion, doing so would compromise or seriously hinder the administration or enforcement of program legislation or the investigation or prosecution of any offence.
Right to refuse or terminate investigationThe Commissioner may direct the RCMP — or the President may direct the Agency — to not continue an investigation of a complaint, other than a complaint initiated under subsection 36(1) or (2), if, in their opinion, any of the reasons referred to in paragraphs 38(1)(a) to (e) applies.Duty to refuse or terminate investigationThe Commissioner must direct the RCMP — or the President must direct the Agency — to not continue an investigation of a complaint by an RCMP employee or CBSA employee if the complaint has been or could have been adequately dealt with, or could more appropriately be dealt with, according to a procedure provided for under any Act of Parliament — other than this Act — or any Act of the legislature of a province.Notice to complainant and employeeIf the Commissioner directs the RCMP — or the President directs the Agency — to not continue an investigation of a complaint, the Commissioner or President must give notice in writing to the complainant and the RCMP employee or CBSA employee whose conduct is the subject matter of the complaint of the decision and the reasons for it and the complainant’s right to refer the complaint to the Commission for review, within 60 days after the day on which the complainant is notified of the decision, if the complainant is not satisfied with the decision.Additional information in notice to complainantIf the RCMP or Agency is directed to not continue an investigation of a complaint because the complaint could more appropriately be dealt with according to a procedure provided for under any Act of Parliament — other than this Act — or any Act of the legislature of a province, the notice given to the complainant under subsection (3) must identify that procedure.Notice to CommissionThe Commissioner or President must notify the Commission of any action he or she takes under this section.
Updates with respect to investigationThe Commissioner and the President must, on the regular basis provided for in service standards established under subsection 8(1) or (2), as the case may be, notify in writing the complainant and the RCMP employee or CBSA employee, as the case may be, whose conduct is the subject matter of the complaint of the status of the investigation unless, in the Commissioner’s or President’s opinion, as the case may be, to do so might compromise or hinder any investigation that is being or may be carried out in respect of the complaint.
ReportAs soon as feasible after the investigation of a complaint is completed, the Commissioner or President, as the case may be, must prepare and send to the complainant, the RCMP employee or CBSA employee, as the case may be, whose conduct is the subject matter of the complaint and the Commission a report setting outa summary of the complaint;the findings of the investigation;a summary of any action that has been or will be taken with respect to the disposition of the complaint; andthe complainant’s right to refer the complaint to the Commission for review, within 60 days after the day on which the complainant receives the report, if the complainant is not satisfied with the disposition of the complaint.
Commission’s Powers in Relation to Complaints
PowersThe Commission may, in relation to a complaint before it,in the same manner and to the same extent as a superior court of record, summon and enforce the attendance of witnesses before the Commission and compel them to give oral or written evidence on oath or solemn affirmation and to produce any documents and things that the Commission considers relevant for the full investigation, hearing and consideration of the complaint;administer oaths and solemn affirmations;receive and accept any evidence and other information, whether on oath or solemn affirmation or by affidavit or otherwise, that the Commission sees fit, whether or not that evidence or information is or would be admissible in a court of law; andmake any examination of records and any inquiries that the Commission considers necessary.No excuseA witness must not be excused from answering any question or producing any document or thing, when compelled to do so by the Commission, on the grounds that the answer or statement made in response to the question, or the document or thing given by the witness, may tend to criminate the witness or subject the witness to any criminal, civil or administrative action or proceeding.InadmissibilitySubject to section 70, evidence given, or a document or thing produced, by a witness who is compelled by the Commission to give or produce it, and any evidence derived from it, may be used or received against the witness only ina prosecution under section 132 or 136 of the Criminal Code; ora civil or administrative proceeding in respect of an allegation that, with intent to mislead, the witness gave the answer or statement knowing it to be false.RestrictionDespite subsection (1), the Commission must not receive or acceptany answer or statement made in response to a question described in subsection 24.1(7), 35(8), 40(2) or 45.1(5) of the Royal Canadian Mounted Police Act;any answer or statement made in response to a question described in subsection (2) in any investigation or hearing with respect to any other complaint; orany answer or statement made in the course of attempting to dispose of a complaint under section 43.RestrictionDespite paragraph (1)(a), the Commission must not enforce the production of written evidence or any document or thing to which the Commission has a right of access under subsection 17(2).Witness feesAny witness, other than a member, as defined in subsection 2(1) of the Royal Canadian Mounted Police Act or an officer or employee of the Canada Border Services Agency, who is summoned is entitled, at the discretion of the Commission, to receive the same fees and allowances as those paid to witnesses summoned to attend before the Federal Court.
Investigation by the Commission
ComplaintsSubject to section 52, after receiving or being notified of a complaint, the Commission must investigate the complaint or institute a hearing to inquire into it if the Chairperson is of the opinion that it would be in the public interest for the Commission to do so.NoticeThe Commission must notify the Minister and the Commissioner or President, as the case may be, of any investigation or hearing initiated under this section.
RestrictionThe Commission may refuse to deal with a complaint if, in its opinion,the complaint is trivial, frivolous, vexatious or made in bad faith; orthe complaint is from an individual whois not the individual at whom the conduct was directed,is neither the guardian, tutor, curator or mandatary — under a protection mandate — of the individual at whom the conduct was directed nor a person who is appointed to act in a similar capacity on behalf of the individual,did not see or hear the conduct or its effects as a result of not being physically present at the time when and the place where the conduct or its effects occurred,has not been given written permission to make the complaint from the individual at whom the conduct was directed, orhas not suffered loss, damage, distress, danger or inconvenience as a result of the conduct.Complaints involving decisionsThe Commission must refuse to deal with a complaint concerning any decision under Part IV of the Royal Canadian Mounted Police Act.Disciplinary measuresThe Commission must refuse to deal with a complaint if it relates to a disciplinary measure taken, or not taken, by the President.Complaint by members or certain other personsThe Commission must refuse to deal with a complaint made under subsection 33(1) by a member, as defined in subsection 2(1) of the Royal Canadian Mounted Police Act, or any other person appointed or employed under Part I of that Act if the complaint has been or could have been adequately dealt with, or could more appropriately be dealt with, according to a procedure provided for under the Royal Canadian Mounted Police Act or any other Act of Parliament.Other proceduresThe Commission must refuse to deal with a complaint if the complaint has been or could have been adequately dealt with, or could more appropriately be dealt with, according to a procedure provided for under any Act of Parliament — other than this Act — or any Act of the legislature of a province.Program legislation or offencesThe Commission must refuse to deal with a complaint if dealing with the complaint would compromise or seriously hinderthe administration or enforcement of program legislation; orthe investigation or prosecution of any offence.NoticeIf the Commission refuses under any of subsections (2) to (6) to deal with a complaint, it must give notice in writing of the refusal and the reasons for it to the Commissioner or President, as the case may be, and the complainant. If the reason for the refusal is that the complaint could more appropriately be dealt with according to a procedure provided for under any Act of Parliament — other than this Act — or any Act of the legislature of a province, the notice given to the complainant must identify that procedure.National securityThe Commission must refuse to deal with a complaint if it concerns an activity that is closely related to national security and must refer it to the National Security and Intelligence Review Agency. The Commission must notify the Commissioner or President, or both, as the case may be, of the referral, and, after doing so, the complainant.Notice to employeeAfter receiving a notice under subsection (7) or (8), the Commissioner or President, as the case may be, must notify the RCMP employee or the CBSA employee, as the case may be, whose conduct is the subject matter of the complaint of the refusal to deal with the complaint and, if applicable, of the referral made under subsection (8).
Right to discontinue investigationThe Commission may decide to discontinue an investigation of a complaint if, in its opinion,any of the reasons for which the Commission may refuse to deal with a complaint under paragraph 52(1)(a) or (b) applies; orhaving regard to all the circumstances, it is not necessary or reasonably practicable to continue to investigate the complaint.Duty to discontinue investigationThe Commission must discontinue an investigation of a complaint if, in its opinion, any of subsections 52(2) to (6) applies.NoticeIf the Commission discontinues an investigation of a complaint under subsection (2), the Commission must give notice in writing of the discontinuance and the reasons for it to the complainant and to the Commissioner or President, as the case may be. If the reason for the discontinuance is that the complaint could more appropriately be dealt with according to a procedure provided for under any Act of Parliament — other than this Act — or any Act of the legislature of a province, the notice given to the complainant must identify that procedure.National securityThe Commission must discontinue an investigation of a complaint if subsection 52(8) applies and must refer the complaint to the National Security and Intelligence Review Agency. The Commission must notify the Commissioner or President, or both, as the case may be, of the referral, and, after doing so, the complainant.Notice to employeeAfter receiving the notice referred to in subsection (3) or (4), the Commissioner or President, as the case may be, must notify the RCMP employee or CBSA employee, as the case may be, whose conduct is the subject matter of the complaint of the discontinuance of the investigation of the complaint and, if applicable, of the referral made under subsection (4).
Merger of complaintsSubject to the regulations, the Commission may, if in its opinion it is appropriate to do so, merge two or more complaints, regardless of whether they are made under subsection 33(1) or (2), for the purposes of an investigation, review or hearing.
Updates with respect to investigationThe Commission must, on the regular basis provided for in the service standards established under subsection 8(1) or (2), as the case may be, notify in writing the complainant and the RCMP employee or the CBSA employee, as the case may be, whose conduct is the subject matter of the complaint of the status of the investigation unless, in the Commission’s opinion, to do so might compromise or hinder any investigation that is being or may be carried out in respect of the complaint.
Referral of Complaints to Commission
Referral to CommissionA complainant who is not satisfied with a decision under section 38 or 47 or a report under section 49 may, within 60 days after the day on which they are notified of the decision or receive the report, refer the complaint in writing to the Commission for review.Extension of time limitThe Commission may extend the time limit for referring a complaint to the Commission for review if it is of the opinion that there are good reasons for doing so and that it is not contrary to the public interest.Material to be providedIf a complainant refers a complaint to the Commission under subsection (1),the Commission must notify the Commissioner or President, as the case may be, that the complaint has been referred to the Commission; andthe Commissioner or President, as the case may be, must, within the time provided for in the regulations, provide the Commission with a copy ofthe notice given under subsection 38(3) or 47(3) or the report sent under section 49, andevery other document relating to the complaint that the RCMP or the Agency provided to the complainant.
Review by CommissionSubject to section 52, the Commission must review every complaint referred to it under section 56.Commission satisfiedIf, after reviewing a complaint, the Commission is satisfied with the Commissioner’s or President’s decision or report, the Commission must prepare and send a report in writing to that effect to the Commissioner or President, as the case may be, the complainant and the RCMP employee or CBSA employee, as the case may be, whose conduct is the subject matter of the complaint. The report must also contain prescribed information.Commission not satisfiedIf, after reviewing a complaint, the Commission is not satisfied with the Commissioner’s or President’s decision or report or considers that further inquiry is warranted, the Commission mayprepare and send to the Commissioner or President, as the case may be, a report in writing setting out any findings it sees fit with respect to the decision or report and any recommendations it sees fit with respect to the complaint;request that the Commissioner direct the RCMP or that the President direct the Agency to investigate or further investigate the complaint; orinvestigate or further investigate the complaint or institute a hearing to inquire into the complaint.
Commissioner’s and President’s responseThe Commissioner or President must, within six months after the day on which he or she receives a report referred to in paragraph 57(3)(a), provide the Commission and the Minister with a written response indicating any further action that has been or will be taken with respect to the complaint. If the Commissioner or President decides not to act on any findings or recommendations set out in the report, he or she must include in the response the reasons for not so acting.Commission’s final reportAfter considering the response, the Commission must prepare a final report in writing setting out any findings and recommendations with respect to the complaint that the Commission sees fit and must, as soon as feasible, send a copy of the report and a copy of the response to the Minister, the Commissioner or President, as the case may be, the complainant and the RCMP employee or CBSA employee, as the case may be, whose conduct is the subject matter of the complaint. If there is an arrangement between the government of a province and the Minister under section 20 of the Royal Canadian Mounted Police Act, the Commission must also send a copy of the report to the provincial minister who has the primary responsibility for policing in the province in which the conduct complained of occurred.
Hearings
HearingIf the Commission decides, under section 51 or paragraph 57(3)(c), to institute a hearing to inquire into a complaint, the Chairperson must assign one or more members of the Commission to conduct the hearing and must send a notice in writing of the decision to the Minister, the Commissioner or President, as the case may be, the complainant and the RCMP employee or CBSA employee, as the case may be, whose conduct is the subject matter of the complaint.DeemingFor the purposes of this section, the member or members of the Commission who are conducting the hearing are deemed to be the Commission.Definition of partyIn this section, party meansthe person designated by the Commissioner or President, as the case may be, for the purposes of this Part;the RCMP employee or CBSA employee, as the case may be, whose conduct is the subject matter of the complaint; orthe complainant.NoticeThe Commission must serve the parties with a notice in writing of the time and place set for the hearing.Sittings of CommissionThe Commission may sit at any place in Canada and at any time that it may fix, taking into account the convenience of the parties who wish to appear before the Commission.Hearings in publicA hearing to inquire into a complaint must be held in public but the Commission, on its own initiative or at the request of any party or witness, may order a hearing or any part of a hearing to be held in camera or ex parte if it is of the opinionthat information that could reasonably be expected to be injurious to national security, national defence or international relations is likely to be disclosed during the course of the hearing;that information that could reasonably be expected to be injurious to law enforcement is likely to be disclosed during the course of the hearing;that information that could reasonably be expected to compromise or seriously hinder the administration or enforcement of program legislation or the investigation or prosecution of any offence is likely to be disclosed during the course of the hearing;that information respecting a person’s financial or personal affairs, if that person’s interest or security outweighs the public’s interest in the information, is likely to be disclosed during the course of the hearing;that information that could reasonably be expected to reveal privileged information, as defined in subsection 17(1), is likely to be disclosed during the course of the hearing;that information that could reasonably be expected to reveal information that is described in paragraph 20(b), is likely to be disclosed during the course of the hearing; orthat it is otherwise required by the circumstances of the case.Rights of persons interestedThe parties, and any other person who satisfies the Commission that they have a substantial and direct interest in a complaint before the Commission, must be allowed an opportunity, in person or by legal counsel, to present evidence, cross-examine witnesses and make representations at the hearing.Representation of witnessesThe Commission must permit any person who gives evidence at a hearing to be represented by legal counsel.Designated personThe person designated by the Commissioner or President, as the case may be, for the purposes of this Part may be represented or assisted at a hearing by any other person.Confidential communicationsIf the designated person referred to in subsection (9) is represented or assisted by another person, communications passing in confidence between them in relation to the hearing are, for the purposes of this Part, privileged as if they were communications passing in professional confidence between the designated person and their legal counsel.ExpensesIf the Commission sits at a place in Canada that is not the ordinary place of residence of the complainant, of the RCMP employee or CBSA employee, as the case may be, whose conduct is the subject matter of the complaint or of the legal counsel of any of those persons, then that person or their legal counsel is entitled, at the discretion of the Commission, to receive, in accordance with Treasury Board directives, the travel and living expenses incurred by that person or their legal counsel in appearing before the Commission.
Suspension
Duty to suspendThe Commission must suspend an investigation, review or hearing with respect to a complaint if, in its opinion, continuing it would compromise or seriously hinder the administration or enforcement of program legislation or the investigation or prosecution of any offence.Power to suspendThe Commission may suspend an investigation, review or hearing with respect to a complaint if, in its opinion, continuing it would compromise or seriously hinder an ongoing civil or administrative proceeding.
Joint Proceedings
Joint investigation, review or hearing — RCMPIf a complaint concerns the conduct of an RCMP employee and a law enforcement officer of any other jurisdiction, whether in or outside Canada, the Commission may conduct an investigation, review or hearing of that complaint jointly with the authority in that other jurisdiction that is responsible for investigations, reviews or hearings with respect to complaints against law enforcement officers.
Joint investigation, review or hearing — AgencyIf a complaint concerns the conduct of a CBSA employee and a law enforcement officer of any other jurisdiction in Canada, the Commission may conduct an investigation, review or hearing of that complaint jointly with the authority in that other jurisdiction that is responsible for investigations, reviews or hearings with respect to complaints against law enforcement officers.
Joint investigations, reviews or hearings — detained personsIf a complaint concerns the detention of persons on behalf of the Agency under an agreement or arrangement referred to in subsection 13(3) of the Canada Border Services Agency Act, the Commission may conduct an investigation, review or hearing of that complaint jointly with any competent authority in the province where the persons are or were detained.
Reports Following Investigation or Hearing
Interim reportOn completion of an investigation or a hearing, the Commission must prepare and send to the Commissioner or President, as the case may be, a report in writing setting out any findings and recommendations with respect to the complaint that it sees fit.Commissioner’s or President’s responseThe Commissioner or President, as the case may be, must, within six months after the day on which he or she receives the report, provide the Chairperson with a written response indicating any further action that has been or will be taken with respect to the complaint. If the Commissioner or President decides not to act on any findings or recommendations set out in the report, the Commissioner or President must include in the response the reasons for not so acting.Commission’s final reportAfter considering the response, the Commission must prepare a final report in writing setting out any findings and recommendations with respect to the complaint that it sees fit and must send a copy of the report and a copy of the response to the Minister, the Commissioner or President, as the case may be, the complainant and the RCMP employee or CBSA employee, as the case may be, whose conduct is the subject matter of the complaint. If there is an arrangement between the government of a province and the Minister under section 20 of the Royal Canadian Mounted Police Act, the Commission must also send a copy of the report to the provincial minister who has the primary responsibility for policing in the province in which the conduct complained of occurred.
Final and conclusiveAll of the findings and recommendations that are contained in the Commission’s final report under subsection 58(2) or 64(3) are final and are not subject to appeal to or review by any court.
Return of documents and thingsAny document or thing that a person produced to the RCMP, the Agency or the Commission must, on the request of the person, be released to that person within a reasonable time after the completion of the Commission’s final report.
Notice Recommending Disciplinary Process or Measure
Disciplinary processThe Chairperson may, when sending the Commissioner or President, as the case may be, a report under paragraph 57(3)(a) or subsection 64(1), also send to the Commissioner or President, as the case may be, a notice setting out a recommendation that a disciplinary process be initiated if one has not occurred in relation to a member, as defined in subsection 2(1) of the Royal Canadian Mounted Police Act, or to a person appointed or employed under Part I of that Act or to an officer or employee of the Canada Border Services Agency if the Chairperson is of the opinion that the member, person, officer or employee has, while exercising powers or performing duties or functions under the Royal Canadian Mounted Police Act, or while exercising any of the Agency’s powers or performing any of the Agency’s duties or functions under the Canada Border Services Agency Act, engaged in any conduct that warrants the initiation of such a process. The Commissioner or President, as the case may be, must, within the prescribed time, inform the member, person, officer or employee of the recommendation.NoticeThe Commissioner or President, as the case may be, must, within the prescribed time, by notice, advise the Minister that a disciplinary process was initiated or provide the Minister with a justification as to why such a process was not initiated. The Commissioner or President, as the case may be, must provide a copy of the notice to the Chairperson.
Disciplinary measureThe Chairperson may, when sending the Commissioner or President, as the case may be, a report under paragraph 57(3)(a) or subsection 64(1), also send to the Commissioner or President, as the case may be, a notice setting out a recommendation that the Commissioner or President impose a disciplinary measure that the Commissioner or President considers appropriate in the circumstances on any member, person, officer or employee referred to in subsection 67(1), if one has not already been imposed, if the member, person, officer or employee has been the subject of more than one complaint under this Act that resulted in a finding by the Commission that conduct on the part of the member, person, officer or employee resulted or may have resulted in serious injury, as defined in the regulations, to, or the death of, any person or may have constituted an offence under federal or provincial law. The Commissioner or President, as the case may be, must, within the prescribed time, inform the member, person, officer or employee of the recommendation.NoticeThe Commissioner or President, as the case may be, must, within the prescribed time, by notice, advise the Minister that a disciplinary measure was imposed or provide the Minister with a justification as to why such a measure was not imposed. The Commissioner or President, as the case may be, must provide a copy of the notice to the Chairperson.
FactorsThe Chairperson must, in determining whether to make a recommendation under section 67 or 68, take into account the prescribed factors.
Use of informationFor the purposes of making a recommendation under section 67 that a disciplinary process be initiated in relation to, or a recommendation under section 68 that a disciplinary measure be imposed on, a member, person, officer or employee, the Chairperson may use information, including personal information and privileged information as defined in subsection 17(1), collected or used in relation to an investigation of, a hearing into or a review of a complaint under this Act relating to that member, person, officer or employee.
SafeguardsNothing in section 67 or 68 is to be construed asaffecting the powers and rights of the Commissioner or President;authorizing the Commissioner or President to initiate any process or to impose any measure that he or she, as the case may be, is not otherwise authorized to initiate or impose;preventing the application of any applicable law or collective agreement;authorizing the commencement of any process in relation to any conduct if such a process has already commenced;authorizing the imposition of any measure in relation to any conduct if a measure has already been imposed in relation to the conduct or a process in relation to the conduct has ended; orauthorizing the collection or use of information other than information collected or used in relation to an investigation of, a hearing into or a review of a complaint under this Act.
Commissioner’s and President’s Annual Report
Reports respecting action takenThe Commissioner and the President must, within three months after the end of each fiscal year, submit to the Minister a report in respect of the actions taken in that fiscal year by the Commissioner or President, as the case may be,in response to recommendations set out in reports submitted to them under this Act; andin relation to notices sent to them under section 67 and 68.CopyA copy of the report must be provided to the Chairperson.
Review of Integrated Cross-Border Law Enforcement OperationsInterpretation
DefinitionsThe following definitions apply in this Part.Central Authority means the Central Authority for Canada, as designated under section 5 of the Integrated Cross-border Law Enforcement Operations Act. (autorité centrale)designated officer has the same meaning as in section 2 of the Integrated Cross-border Law Enforcement Operations Act. (agent désigné)integrated cross-border operation has the same meaning as in section 2 of the Integrated Cross-border Law Enforcement Operations Act. (opération transfrontalière intégrée)Clarification — this PartFor greater certainty, for the purposes of sections 75 to 82, when, in any provision that applies in this Part as a result of section 75 or subsection 79(1), there is a reference to any provision that applies in this Part as a result of section 75, or subsection 79(1), the reference is to be read as a reference to the provision as modified by section 75 or subsection 79(1), as the case may be.Clarification — sections 90 and 91For greater certainty, a reference in section 90 or 91 to any provision that applies in this Part as a result of section 75 is also to be read as a reference to that provision as modified by section 75.
Purpose
PurposeThe purpose of this Part is to set out the role of the Commission in dealing with complaints relating to integrated cross-border operations and in reviewing those operations.
Application of Provisions
Application of certain provisionsSections 8, 10, 11, 16 to 25 and 28 to 32, other than subsection 28(6) and section 29, apply in this Part, with the following modifications and the modifications that the circumstances require:a reference to the Royal Canadian Mounted Police Act or the Witness Protection Program Act in paragraph 25(2)(c) and subsection 28(1) is to be read as a reference to the Integrated Cross-border Law Enforcement Operations Act;a reference to the Commissioner, other than in subsection 17(7), is to be read as a reference to the Central Authority;a reference to the Commissioner in subsection 17(7) is to be read as a reference to the Commissioner acting as the Central Authority;a reference to the activities of the RCMP in subsection 28(1) is to be read as a reference to integrated cross-border operations;a reference to the operation of the RCMP in subsections 28(1) and (5) is to be read as a reference to integrated cross-border operations;a reference to section 29 in subsections 17(2) and 32(1) is to be read as a reference to section 77;a reference to the RCMP in subsections 16(1) and 17(2), the portion of subsection 19(1) before paragraph (a), subsection 22(2) and the portion of subsection 24(1) before paragraph (a) is to be read as a reference to the RCMP, the Central Authority or a designated officer who was appointed under subsection 7(1) of the Integrated Cross-border Law Enforcement Operations Act;a reference to the RCMP in paragraphs 19(1)(d) and (f) and 24(1)(c) is to be read as a reference to the Central Authority;a reference to this Part and Part 2 in subsection 16(1) is to be read as a reference to sections 76 to 78, subsection 79(2), sections 80 to 82 and the provisions that apply in this Part as a result of section 75 and subsection 79(1);a reference to a member, as defined in subsection 2(1) of the Royal Canadian Mounted Police Act, or other person appointed or employed under Part I of that Act in paragraphs 17(1)(f) and 19(1)(a) and (d) is to be read as a reference to a designated officer who was appointed under paragraph 7(1)(a) of the Integrated Cross-border Law Enforcement Operations Act;a reference to a meeting held or to be held between the Commission and the RCMP in paragraph 19(1)(g) is to be read as a reference to a meeting held or to be held with the Commission;a reference to Part 2 in subsection 17(2) is to be read as a reference to sections 76 to 78, subsection 79(2), sections 80 to 82 and the provisions that apply in this Part as a result of section 75 and subsection 79(1); andthe reference to section 13 in paragraph 25(2)(b) is to be read as a reference to section 78.
Reporting
Copy of report to provincial ministersThe Commission may provide a copy of any report referred to in section 28 that is prepared under this Part to the provincial minister who has the primary responsibility for policing in any province in which integrated cross-border operations may be carried out.
Review for provinceThe provincial minister who has the primary responsibility for policing in a province may ask the Minister to request that the Commission conduct a review of specified integrated cross-border operations carried out in that province.ReportIf the Commission conducts a review under this section, it must provide the Minister, the provincial minister who asked for it and the Central Authority with a report on the review. The Commission may provide a copy of the report to any other provincial minister who has the primary responsibility for policing in a province.Findings and recommendationsThe Commission must include in its report any findings and recommendations that the Commission sees fit regardingwhether the integrated cross-border operations are carried out in accordance with the Integrated Cross-border Law Enforcement Operations Act, any regulations or ministerial directions made under that Act or any policy, procedure or guideline relating to those operations; andthe adequacy, appropriateness, sufficiency or clarity of any policy, procedure or guideline relating to those operations.
Annual report — provincesThe Commission must, for each fiscal year, if a complaint has been made or disposed of in that fiscal year under this Part in respect of integrated cross-border operations carried out in a province, submit to the provincial minister who has the primary responsibility for policing in that province a report setting out the number and nature of complaints relating to conduct that occurred in that province, how those complaints were disposed of, if applicable, and identifying trends, if any. The Commission must submit a copy of that report to the Minister and the Commissioner.Performance in relation to time limitsEvery report must contain information respecting the Commission’s performance in relation to the service standards established under subsection 8(1).
Investigation, Review and Hearing of Complaints
Application of certain provisionsSections 33 to 66, other than subsection 44(2) and sections 39 and 61, apply in this Part with the following modifications and the modifications that the circumstances require:a reference to the Commissioner is to be read as a reference to the Central Authority;a reference to a person who is an RCMP employee whose conduct is the subject matter of the complaint is to be read as a reference to a designated officer whose conduct is the subject matter of the complaint;a reference to a person who is an RCMP employee, other than in paragraph 33(7)(b), is to be read as a reference to a designated officer;a reference to Part IV of the Royal Canadian Mounted Police Act in subsection 52(2) is to be read as a reference to Part IV of that Act or to the law of a province, of the United States or of a state of the United States that is comparable to that Part of that Act;a reference to the RCMP, other than in subsection 33(11), section 37, subsections 47(1) to (4), paragraph 57(3)(b) and section 66, is to be read as a reference to the Central Authority;a reference to the RCMP in section 37, subsections 47(1) to (4) and paragraph 57(3)(b) is to be read as a reference to the person or persons designated by the Central Authority to deal with a complaint;a reference to the RCMP in subsection 33(11) and section 66 is to be read as a reference to the Central Authority and to the person or persons designated by the Central Authority to deal with a complaint;a reference to an RCMP employee in subsection 44(1) or to a member in subsection 50(6) is to be read as a reference to a designated officer; anda reference to the Royal Canadian Mounted Police Act or the Witness Protection Program Act in subsections 33(1) and 36(1) is to be read as a reference to the Integrated Cross-border Law Enforcement Operations Act.Disclosure and use for disciplinary purposesRepresentations referred to in subsection 44(1), including any personal information contained in them, that are received by the Commission under this Part in relation to the complaint must be disclosed as soon as feasible to the Central Authority. The Central Authority may share those representations with the following persons, but only for the purpose of any disciplinary action that may be taken against the designated officer whose conduct is the subject matter of the complaint:any person who the Central Authority considers to be an appropriate person to take that disciplinary action, if that designated officer was appointed under subsection 7(1) of the Integrated Cross-border Law Enforcement Operations Act; orthe person designated as the Central Authority for the United States for the purpose of implementing the Agreement, as defined in section 2 of that Act, if that designated officer was appointed under subsection 8(1) of that Act.
Joint investigations, etc.If a complaint concerns the conduct of a designated officer, the Commission may conduct an investigation, review or hearing of that complaint jointly with an authority that is responsible for investigations, reviews or hearings with respect to complaints from the public against law enforcement officers in any relevant jurisdiction, whether in or outside Canada.
RulesThe Central Authority may make rules respecting the procedures to be followed by the Central Authority, or by any person or persons designated by the Central Authority to deal with a complaint, in investigating, disposing of or otherwise dealing with complaints made under this Part.
Final reportsThe Chairperson of the Commission must send any report referred to in subsection 58(2) or 64(3) that is prepared under this Part to the provincial minister who has the primary responsibility for policing in any province in which the integrated cross-border operation was carried out.
General
DelegationThe Commissioner may delegate to any member, as defined in subsection 2(1) of the Royal Canadian Mounted Police Act, subject to any terms and conditions that the Commissioner directs, any of the Commissioner’s powers, duties or functions under this Act, except the power to delegate under this section, the power to make rules under this Act and the power to enter into a memorandum of understanding under subsection 17(7).
No effectThe making of a complaint under subsection 33(1) or (2) or section 36, the investigation into a complaint made under any of those provisions or the review of a complaint under section 57 is not todelay any investigation of an offence under an Act of Parliament or of the legislature of a province or prevent any such investigation from commencing;delay any action taken under any program legislation or prevent any such action from being taken;delay any removal proceedings or prevent the enforcement of any removal order;delay any extradition proceedings or prevent the extradition of any individual to or from Canada; orpermit any individual to enter Canada or to remain in Canada beyond the end of the period for which they are authorized to so remain.
CooperationThe Commission and the National Security and Intelligence Review Agency are to take all reasonable steps to cooperate with each other to avoid any unnecessary duplication of work by them in relation to the fulfilment of their respective mandates.
Right to be informedEvery person who is arrested or detained by an officer or employee of the Canada Border Services Agency has a right to be informed, as soon as feasible, of their right to make a complaint under Part 2 and of how the complaint may be made and, if the person is subsequently detained on behalf of the Agency under an agreement or arrangement referred to in subsection 13(3) of the Canada Border Services Agency Act, a right to be informed, as soon as feasible, of their right to make a complaint to the competent authority in the province where they are detained about their treatment while under detention and their conditions of detention, and of how the complaint may be made.
RegulationsThe Governor in Council may make regulations for carrying out the purposes and provisions of this Act, including regulationsrespecting the establishment of service standards under section 8;respecting the disclosure by the Commission of information to persons or entities other than a member, employee or officer of the Commission or a person acting on its behalf and the measures that the persons or entities receiving the information are to take to protect the information;respecting procedures that govern the Commission’s access to privileged information under section 17;respecting the use of information under subsection 26(1);respecting reviews conducted jointly under section 30, including regulations respecting the entering into of agreements or arrangements — and the sharing of information — between the Commission and any competent authority referred to in that section for the purpose of the joint reviews;respecting, for the purpose of subsections 40(5) and 41(5), the period during which evidence is to be protected and preserved;prescribing the categories of complaints that are not to be resolved informally by the Commissioner or President under section 43;respecting the making of representations under subsection 44(1);respecting, for the purpose of section 54, the merger of complaints;respecting investigations, reviews or hearings conducted jointly under section 61 or 62;respecting investigations, reviews or hearings conducted jointly under section 63, including regulations respecting the entering into of agreements or arrangements — and the sharing of information — between the Commission and any competent authority referred to in that section for the purpose of joint investigations, reviews or hearings;respecting notices under subsections 67(1) and 68(1);respecting conduct for the purposes of subsection 68(1);defining “serious injury” for the purposes of subsection 68(1);respecting investigations, reviews or hearings conducted jointly under section 80; andprescribing anything that by this Act is to be prescribed by regulation.
Attendance of witnesses, etc.Every person commits an offence punishable on summary conviction whoon being duly summoned as a witness or otherwise under this Act, fails to attend;being in attendance as a witness in any proceeding,refuses to take an oath or solemn affirmation required of them,refuses to produce any document or thing in their possession or under their control that is required to be produced by them, orrefuses to answer any question;at any proceeding uses insulting or threatening language or causes any interference or disturbance; orwithout lawful justification or excuse, prints or publishes observations or uses words in relation to an ongoing proceeding with intent to dissuade a witness in any proceeding from testifying.ExceptionParagraph (1)(a) and subparagraphs (1)(b)(ii) and (iii) do not apply to a designated officer, as defined in subsection 73(1), who was appointed under subsection 8(1) of the Integrated Cross-border Law Enforcement Operations Act.PunishmentEvery person who is found guilty of an offence under subsection (1) is liable to a fine of not more than $5,000 or to imprisonment for a term of not more than six months, or to both.
Offences — harassment, obstruction, destroying documents etc.A person must notharass, intimidate or threaten any person with the intent to compel that other person to abstain from making a complaint under Part 2 or 3;harass, intimidate or threatenan individual who makes a complaint under Part 2 or 3,an individual at whom the conduct that is the subject of a complaint made under either of those Parts was directed,a person whom the person has reasonable grounds to believe will be questioned or summoned by the Commission when it deals with a complaint made under either of those Parts, ora person who is exercising any power or performing any duty or function under any of Parts 1 to 3;wilfully obstruct a person who is exercising any power or performing any duty or function under any of Parts 1 to 3, or knowingly make any false or misleading statement or knowingly provide false or misleading information to that person;destroy, mutilate, alter, falsify or conceal a document or thing, or make a false document or thing, knowing that the document or thing is likely to be relevant to an investigation of, or hearing to inquire into, a complaint made under Part 2 or 3 or to a review under either of those Parts; ordirect, counsel or cause, in any manner, any person to do anything mentioned in any of paragraphs (a) to (d), or propose, in any manner, to any person that they do anything mentioned in any of those paragraphs.PunishmentEvery person who contravenes subsection (1) commits an offence and isguilty of an indictable offence and liable to imprisonment for a term of not more than five years; orguilty of an offence punishable on summary conviction and liable to a fine of not more than $5,000 or to imprisonment for a term of not more than six months, or to both.
Offence — failure to complyEvery person who fails to comply with subsection 22(2) or (6) or 24(2) is guilty of an offence punishable on summary conviction and liable to a fine of not more than $5,000 or to imprisonment for a term of not more than six months, or to both.DefenceNo person who establishes that they exercised all due diligence to prevent the commission of an offence under subsection (1) may be convicted of that offence.
Offence to disclose certain informationEvery person who contravenes subsection 25(1) isguilty of an indictable offence and liable to imprisonment for a term of not more than five years; orguilty of an offence punishable on summary conviction and liable to a fine of not more than $5,000 or to imprisonment for a term of not more than six months, or to both.
Limitation periodSummary conviction proceedings in respect of an offence under this Part may be instituted at any time within but not later than two years after the time when the subject matter of the proceedings arose.
R.S., c. R-10Royal Canadian Mounted Police Act
The definition proceedings in subsection 2(1) of the Royal Canadian Mounted Police Act is repealed.The definition Commission in subsection 2(1) of the Act is replaced by the following:Commission means the Public Complaints and Review Commission established by subsection 3(1) of the Public Complaints and Review Commission Act; (Commission)
Subsection 5(2) of the Act is replaced by the following:DelegationThe Commissioner may delegate to any member, subject to any terms and conditions that the Commissioner directs, any of the Commissioner’s powers, duties or functions under this Act, except the power to delegate under this subsection and the power to make rules under this Act.
Subsection 11(2) of the Act is replaced by the following:Non-application of Acts to ReserveExcept as provided by the regulations made under subsection (1), this Act and the Public Complaints and Review Commission Act do not apply to reservists.
Paragraph 24.1(6)(b) of the Act is replaced by the following:any answer or statement made in response to a question described in subsection 35(8), 40(2) or 45.1(5) of this Act or subsection 50(2) of the Public Complaints and Review Commission Act;
Sections 45.171 to 45.173 of the Act are replaced by the following:
Notice to complainant and CommissionIf an individual makes a complaint under subsection 33(1) of the Public Complaints and Review Commission Act in respect of any conduct by a member that is also an alleged contravention of a provision of the Code of Conduct, the individual and the Commission are to be notified, as soon as feasible after a final decision is made under this Part in respect of the alleged contravention or the time for appealing any decision under this Part has expired, of the decision and what conduct measures, if any, have been imposed against the member.
Notice to person making representationsIf representations have been received by the RCMP from a person who was given an opportunity to do so under subsection 44(1) of the Public Complaints and Review Commission Act in respect of an alleged contravention of a provision of the Code of Conduct by a member, the person is to be notified, as soon as feasible after a final decision is made under this Part in respect of the alleged contravention or the time for appealing any decision under this Part has expired, of the decision and what conduct measures, if any, have been imposed against the member.
Notice to ChairpersonIf the Chairperson of the Commission initiates a complaint under subsection 36(1) of the Public Complaints and Review Commission Act in respect of any conduct by a member that is also an alleged contravention of a provision of the Code of Conduct, the Chairperson of the Commission is to be notified, as soon as feasible after a final decision is made under this Part in respect of the alleged contravention or the time for appealing any decision under this Part has expired, of the decision and what conduct measures, if any, have been imposed against the member.
Parts VI and VII of the Act are repealed.
Subsection 45.79(1) of the Act is amended by adding the following in alphabetical order:Chairperson means the Chairperson of the Commission. (président)
Section 45.8 of the Act is replaced by the following:
NotificationThe Commissioner shall, as soon as feasible, notify the Commission and the designated authority for a province of a serious incident that is alleged to have occurred in that province.
Subsections 45.83(5) and (6) of the Act are replaced by the following:ImmunityAn observer appointed by a designated authority for the purposes of this Part has the same immunity that an observer appointed by the Commission has under subsection 11(1) of the Public Complaints and Review Commission Act.Observers are compellableDespite subsection 11(3) of the Public Complaints and Review Commission Act, but subject to section 45.86, every observer is a compellable witness in every criminal, civil or administrative action or proceeding, or inquiry, in respect of any matter coming to the knowledge of the observer as a result of exercising a power or performing a duty or function under this Part.
Section 45.86 of the Act is replaced by the following:
Information subject to privilegeNothing in this Part authorizes a person to disclose to an observer privileged information, as defined in subsection 17(1) of the Public Complaints and Review Commission Act, and an observer shall not use or disclose that information if it is disclosed.
The heading of Part VII.2 of the Act is replaced by the following:Serious Incidents — Integrated Cross-Border Law Enforcement Operations
Subsections 45.88(2) and (3) of the Act are replaced by the following:Clarification — section 50.3For greater certainty, a reference in section 50.3 to section 45.86 as a result of section 45.98 is also to be read as a reference to that provision as modified by section 45.98.
Sections 45.89 to 45.97 of the Act are replaced by the following:
PurposeThe purpose of this Part is to establish certain requirements with respect to the investigation of serious incidents related to integrated cross-border operations.
Subparagraph 50(1)(d)(i) of the Act is replaced by the following:to injure the reputation of a member of a board of inquiry under Part I, the Committee under Part III, IV or V, an adjudication board under Part IV, a discharge and demotion board under Part V or the Commission under Part 2 or 3 of the Public Complaints and Review Commission Act or a witness before any of those entities by exposing that member or witness to contempt, insult or ridicule, or
Sections 50.1 to 51 of the Act are replaced by the following:
Offence to disclose certain informationEvery person who contravenes section 45.86 isguilty of an indictable offence and liable to imprisonment for a term of not more than five years; orguilty of an offence punishable on summary conviction and liable to a fine of not more than $5,000 or to imprisonment for a term of not more than six months, or to both.
PunishmentEvery person who is convicted of an offence under this Part, except under section 50 or 50.3, is liable to a fine of not more than $500 or to imprisonment for a term of not more than six months, or to both.
2005, c. 38Canada Border Services Agency Act
Section 2 of the Canada Border Services Agency Act is amended by adding the following in alphabetical order:Commission means the Public Complaints and Review Commission established by subsection 3(1) of the Public Complaints and Review Commission Act. (Commission)
Subsection 9(1) of the Act is replaced by the following:
Delegation by PresidentSubject to subsection (1.1), the President may delegate to any person any power, duty or function that the President is authorized to exercise or perform under this Act or any other enactment.ExceptionThe President shall not delegate the power to make rules under section 39 of the Public Complaints and Review Commission Act and the power to enter into a memorandum of understanding under subsection 17(7) of that Act.
Section 13 of the Act is amended by adding the following after subsection (2):RestrictionThe Agency may enter into an agreement or arrangement with the government of a province respecting the detention of persons on behalf of the Agency only if the Minister is of the opinion that there is in the province an independent individual or body that is empowered to receive and deal with complaints about the treatment and conditions of detention of detained persons.ExceptionIf the Minister is of the opinion that there is an urgent need to provide for the detention of persons on a temporary basis, the Agency may, with the Minister’s approval, enter into an agreement or arrangement referred to in subsection (3) with the government of a province even if the Minister is of the opinion that there is no independent individual or body referred to in that subsection in the province.Duty to provide informationIf the Agency is notified that a person who is or has been detained on behalf of the Agency under an agreement or arrangement referred to in subsection (3) has made a complaint respecting their treatment during detention — or their conditions of detention — to any competent authority in the province where they are or were detained, the Agency shall, as soon as feasible, provide the Commission with all of the information that the Agency has received or receives in relation to the complaint.Duty to provide copyIf the Agency enters into an agreement or arrangement respecting the monitoring of the treatment and of the conditions of detention of persons detained by or on behalf of the Agency or the inspection of any facility where persons are detained by or on behalf of the Agency, the Agency shall, as soon as feasible, provide the Commission with a copy of every document containing findings or recommendations that it receives under that agreement or arrangement.
The Act is amended by adding the following after section 14:Serious Incidents
DefinitionsThe following definitions apply in this section and sections 14.2 to 14.9.employee, in relation to the Agency, includes any person who assists the Agency in the exercise of any of its powers or the performance of any of its duties and functions under this Act. (employé)serious incident means an incident in which the actions of an officer or employee of the Agency in the exercise of its powers or the performance of its duties and functions under this Actmay have resulted in serious injury to or the death of any person; ormay have constituted an offence under federal or provincial law that the Minister or the President decides would be in the public interest to be investigated by the Agency. (incident grave)serious injury means a prescribed physical or psychological injury. (blessure grave)RegulationsThe Governor in Council may make regulations prescribing physical or psychological injuries for the purposes of the definition serious injury in subsection (1).
NotificationAs soon as feasible after becoming aware that a serious incident is alleged to have occurred, the President shall notify the police force that has jurisdiction at the location where it is alleged to have occurred and the Commission of the alleged serious incident.
InvestigationSubject to subsection (2), as soon as feasible after the President becomes aware that a serious incident is alleged to have occurred, the Agency shall investigate the alleged serious incident.Limit on investigationIf the alleged serious incident involves the actions of one or more persons, the Agency shall not, in the investigation, investigate the actions of any person who assists the Agency in the exercise of any of its powers or the performance of any of its duties and functions under this Act by reason only of an agreement or arrangement referred to in subsection 13(3).
Copy of recordsAs soon as feasible after completing the investigation, the President shall provide the Commission with a copy of any records in its possession relating to the investigation. The President shall also provide the Commission with a copy of any record in respect of every other lawfully authorized investigation conducted into the alleged serious incident that the Agency receives after the completion of its own investigation.
ObserverThe Agency shall permit an observer appointed by the Commission under subsection (2) to assess the impartiality of the investigation.Appointment of observerThe Commission may appoint an observer to assess the impartiality of the investigation.Observers are compellableDespite subsection 11(3) of the Public Complaints and Review Commission Act, but subject to section 14.8(1), every observer is a compellable witness in every criminal, civil or administrative action or proceeding, or inquiry, in respect of any matter coming to the knowledge of the observer as a result of exercising a power or performing a duty or function under this Part.No observer appointedIf no observer is appointed to an investigation of a serious incident under subsection (2), the President shall provide the Chairperson of the Commission with a report that sets out all measures that have been or will be taken by the Agency to ensure the impartiality of the investigation.
RecommendationsIf the observer has concerns with the impartiality of the investigation, the observer may inform the Agency of their concerns and may make any recommendations to the Agency that they consider appropriate to address those concerns.
ReportThe observer shall, in accordance with the regulations, provide a report respecting the impartiality of the investigation of a serious incident to the Chairperson of the Commission and the President.ResponseIf the observer’s report identifies concerns with respect to the impartiality of an investigation, the President shall provide to the Chairperson of the Commission a written response to the observer’s report that includes a description of what actions have or will be taken by the Agency to address those concerns.Report on responseIf the Chairperson of the Commission is not satisfied with the response of the President, the Chairperson shall issue a report to that effect to the Minister.
Information subject to privilegeNothing in this Act authorizes a person to disclose to an observer privileged information, as defined in subsection 17(1) of the Public Complaints and Review Commission Act, and an observer shall not use or disclose that information if it is disclosed.Offence to disclose certain informationEvery person who contravenes subsection (1) isguilty of an indictable offence and liable to imprisonment for a term of not more than five years; orguilty of an offence punishable on summary conviction and liable to a fine of not more than $5,000 or to imprisonment for a term of not more than six months, or to both.Limitation periodSummary conviction proceedings in respect of an offence under subsection (2) may be instituted at any time within but not later than two years after the time when the subject matter of the proceedings arose.
RegulationsThe Governor in Council may make regulationsrespecting the criteria and procedures for the appointment of an observer;respecting the scope of an observer’s role;respecting an observer’s reporting obligations;respecting the access to, and use of, the notes, reports or other material prepared by an observer in relation to an investigation;prescribing the period within which the President is to provide a response under subsection 14.7(2); andgenerally for carrying out the purposes of sections 14.5 to 14.8.
Terminology
Terminology change — English versionUnless the context requires otherwise, every reference to “Force” is replaced by a reference to “RCMP” in the English version of every Act of Parliament and the English version of every order, regulation or other instrument made under an Act of Parliament.
Transitional Provisions, Consequential and Coordinating Amendments and Coming into ForceTransitional Provisions
DefinitionsThe following definitions apply in this section.former Commission means the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police established by subsection 45.29(1) of the Royal Canadian Mounted Police Act. (ancienne Commission)new Commission means the Commission. (nouvelle Commission)Members of former CommissionThe persons who hold office as Chairperson, Vice-chairperson or member of the former Commission immediately before the day on which subsection 3(1) comes into force continue in office as the Chairperson, Vice-chairperson or member, respectively, of the new Commission for the remainder of the terms for which they were appointed.EmployeesNothing in this Act is to be construed as affecting the status of an employee, as defined in subsection 2(1) of the Public Service Employment Act, who, immediately before the day on which this section comes into force, occupied a position in the former Commission, except that the employee, as of that day, occupies their position in the new Commission.Transfer of appropriationsAny amount appropriated, for the fiscal year in which this section comes into force, by an appropriation Act based on the Estimates for that year for defraying the charges and expenses of the former Commission that, on the day on which this section comes into force, is unexpended is deemed, on that day, to be an amount appropriated for defraying the charges and expenses of the new Commission.Rights and obligations transferredAll rights and property of the former Commission and all obligations and liabilities of the former Commission are deemed to be rights, property, obligations and liabilities of the new Commission.ReferencesEvery reference to the former Commission in any document executed or signed by the former Commission in its own name is to be read as a reference to the new Commission, unless the context requires otherwise.Continuation of proceedingsAny action, suit or other legal or administrative proceeding to which the former Commission is a party that is pending immediately before the day on the day on which this section comes into force may be continued by or against the new Commission in the same manner and to the same extent as it would have been continued by or against the former Commission.RequestsAny request made under section 45.34, 45.35 or 45.51 of the Royal Canadian Mounted Police Act, as that section read immediately before the day on which section 28 of this Act comes into force, for which the former Commission has not provided the Minister with a report before that day is deemed to be a request made under section 12, 28 or 29, as the case may be, of this Act.ComplaintsAny complaint made under section 45.53 or 45.59 of the Royal Canadian Mounted Police Act as they read immediately before the day on which section 33 of this Act comes into force that has not been disposed of or resolved by the former Commission before that day may be disposed of or resolved by the new Commission in accordance with the provisions of this Act.ConductComplaints may be made under sections 33 and 36 regardless of whether the conduct to which they relate occurred before, on or after the day on which each of those sections comes into force.Applications of sections 67 and 68Sections 67 and 68 apply only in respect of complaints made under sections 33 and 36 on or after the day on which each of those sections comes into force.
Consequential AmendmentsR.S., c. A-1Access to Information Act
Schedule I to the Access to Information Act is amended by striking out the following under the heading “Other Government Institutions”:Civilian Review and Complaints Commission for the Royal Canadian Mounted PoliceCommission civile d’examen et de traitement des plaintes relatives à la Gendarmerie royale du Canada
Schedule I to the Act is amended by adding the following in alphabetical order under the heading “Other Government Institutions”:Public Complaints and Review CommissionCommission d’examen et de traitement des plaintes du public
Schedule II to the Act is amended by striking out the reference toRoyal Canadian Mounted Police ActLoi sur la Gendarmerie royale du Canadaand the corresponding reference to “subsection 45.47(1)”.
Schedule II to the Act is amended by adding, in alphabetical order, a reference toPublic Complaints and Review Commission ActLoi sur la Commission d’examen et de traitement des plaintes du publicand a corresponding reference to “subsection 25(1)”.
R.S., c. C-5Canada Evidence Act
Item 22 of the schedule to the Canada Evidence Act is replaced by the following:The Public Complaints and Review Commission, for the purposes of the Royal Canadian Mounted Police Act and the Canada Border Services Agency Act, but only in relation to information that is under the control, or in the possession, of the Royal Canadian Mounted Police, the Canada Border Services Agency or the Central Authority, as the case may be.
R.S., c. F-11Financial Administration Act
Schedule I.1 to the Financial Administration Act is amended by striking out, in column I, the reference toCivilian Review and Complaints Commission for the Royal Canadian Mounted PoliceCommission civile d’examen et de traitement des plaintes relatives à la Gendarmerie royale du Canadaand the corresponding reference in column II to ‘‘Minister of Public Safety and Emergency Preparedness’’.
Schedule I.1 to the Act is amended by adding, in alphabetical order in column I, a reference toPublic Complaints and Review CommissionCommission d’examen et de traitement des plaintes du publicand a corresponding reference in column II to ‘‘Minister of Public Safety and Emergency Preparedness’’.
Schedule IV to the Act is amended by striking out the following:Civilian Review and Complaints Commission for the Royal Canadian Mounted PoliceCommission civile d’examen et de traitement des plaintes relatives à la Gendarmerie royale du Canada
Schedule IV to the Act is amended by adding the following in alphabetical order:Public Complaints and Review CommissionCommission d’examen et de traitement des plaintes du public
Part III of Schedule VI to the Act is amended by striking out, in column I, the reference toCivilian Review and Complaints Commission for the Royal Canadian Mounted PoliceCommission civile d’examen et de traitement des plaintes relatives à la Gendarmerie royale du Canadaand the corresponding reference in column II to ‘‘Chairperson’’.
Part III of Schedule VI to the Act is amended by adding, in alphabetical order in column I, a reference toPublic Complaints and Review CommissionCommission d’examen et de traitement des plaintes du publicand a corresponding reference in column II to ‘‘Chairperson’’.
R.S., c. O-5; 2001, c. 41, s. 25Security of Information Act
The schedule to the Security of Information Act is amended by striking out the following:Civilian Review and Complaints Commission for the Royal Canadian Mounted PoliceCommission civile d’examen et de traitement des plaintes relatives à la Gendarmerie royale du Canada
The schedule to the Act is amended by adding the following in alphabetical order:Public Complaints and Review CommissionCommission d’examen et de traitement des plaintes du public
R.S., c. P-21Privacy Act
The schedule to the Privacy Act is amended by striking out the following under the heading “Other Government Institutions”:Civilian Review and Complaints Commission for the Royal Canadian Mounted PoliceCommission civile d’examen et de traitement des plaintes relatives à la Gendarmerie royale du Canada
The schedule to the Act is amended by adding the following in alphabetical order under the heading “Other Government Institutions”:Public Complaints and Review CommissionCommission d’examen et de traitement des plaintes du public
R.S., c. 1 (2nd Supp.)Customs Act
Subsection 107(4) of the Customs Act is amended by striking out “or” at the end of paragraph (h), by adding “or” at the end of paragraph (i) and by adding the following after paragraph (i):is disclosed in accordance with the Public Complaints and Review Commission Act.
1991, c. 30Public Sector Compensation Act
Schedule I to the Public Sector Compensation Act is amended by striking out the following under the heading “Other Portions of the Public Service”:Civilian Review and Complaints Commission for the Royal Canadian Mounted PoliceCommission civile d’examen et de traitement des plaintes relatives à la Gendarmerie royale du Canada
Schedule I to the Act is amended by adding the following in alphabetical order under the heading “Other Portions of the Public Service”:Public Complaints and Review CommissionCommission d’examen et de traitement des plaintes du public
2017, c. 15National Security and Intelligence Committee of Parliamentarians Act
Paragraph (a) of the definition review body in section 2 of the National Security and Intelligence Committee of Parliamentarians Act is replaced by the following:the Public Complaints and Review Commission established by subsection 3(1) of the Public Complaints and Review Commission Act; or
Subsection 16(3) of the Act is replaced by the following:Review bodies informed of decisionThe appropriate Minister must provide the decision and reasons to the National Security and Intelligence Review Agency and, in the case of information under the control of the Royal Canadian Mounted Police or the Canada Border Services Agency, to the Public Complaints and Review Commission.
Subsection 22(1) of the Act is replaced by the following:
Provision of information to CommitteeDespite any provision of any other Act of Parliament — including section 25 of the Public Complaints and Review Commission Act — but subject to subsection (2), a review body may provide to the Committee information that is under its control and that is related to the fulfilment of the Committee’s mandate.
Paragraph 23(a) of the Act is replaced by the following:to the Public Complaints and Review Commission, information that is obtained from — or that is created by the Committee from information obtained from — the Royal Canadian Mounted Police or the Canada Border Services Agency and that is related to the fulfilment of that Commission’s mandate; or
2019, c. 13, s. 2National Security and Intelligence Review Agency Act
The definition deputy head in section 2 of the National Security and Intelligence Review Agency Act is amended by adding the following after paragraph (c):with respect to the Canada Border Services Agency, the President;Paragraph (a) of the definition review body in section 2 of the Act is replaced by the following:the Public Complaints and Review Commission established by subsection 3(1) of the Public Complaints and Review Commission Act ; or
Subparagraph 8(1)(d)(ii) of the Act is replaced by the following:any complaint referred to the Agency under subsection 52(8) or 53(4) of the Public Complaints and Review Commission Act,
Paragraph 10(d) of the Act is replaced by the following:in relation to a complaint referred to it under subsection 52(8) or 53(4) of the Public Complaints and Review Commission Act, any information that relates to the complaint and that is in the possession or under the control of the Public Complaints and Review Commission, the Royal Canadian Mounted Police, the Canadian Security Intelligence Service, the Communications Security Establishment or the Canada Border Services Agency.
Subsection 14(1) of the Act is replaced by the following:
Provision of information to Review AgencyDespite any provision of any other Act of Parliament — including section 25 of the Public Complaints and Review Commission Act — and subject to subsection (2), a review body may provide to the Review Agency information that is in its possession or under its control and that is related, in the review body’s opinion, to the fulfilment of the Agency’s mandate under paragraphs 8(1)(a) to (c).
Section 15 of the Act is replaced by the following:
Public Complaints and Review CommissionThe Review Agency may provide to the Public Complaints and Review Commission information that is obtained from — or that is created by the Agency from information obtained from — the Royal Canadian Mounted Police or the Canada Border Services Agency and that is related, in the Review Agency’s opinion, to the fulfilment of that Commission’s mandate under subsections 28(1) and (2) of the Public Complaints and Review Commission Act.ExceptionThe Review Agency must not provide to the Public Complaints and Review Commission information that is referred to in subsection 19(1) of the Public Complaints and Review Commission Act.
Section 19 of the Act is replaced by the following:
Complaints referred by review bodyThe Review Agency must receive and investigate a complaint referred to it under subsection 52(8) or 53(4) of the Public Complaints and Review Commission Act if it is satisfied that the complaint is not trivial, frivolous or vexatious or made in bad faith.
Paragraph 29(1)(c) of the Act is replaced by the following:on completion of an investigation in relation to a complaint referred to it under subsection 52(8) or 53(4) of the Public Complaints and Review Commission Act, provide the appropriate Minister and the Commissioner of the Royal Canadian Mounted Police or the President of the Canada Border Services Agency, as the case may be, with a report containing the findings of the investigation and any recommendations that the Review Agency considers appropriate.
2019, c. 13, s. 49.1Avoiding Complicity in Mistreatment by Foreign Entities Act
Section 6 of the Avoiding Complicity in Mistreatment by Foreign Entities Act is replaced by the following:
Copy to be providedEvery deputy head to whom directions have been issued under section 3 must, as soon as feasible after receiving them, provide a copy of the directions to the National Security and Intelligence Committee of Parliamentarians, the National Security and Intelligence Review Agency and, if applicable, the Public Complaints and Review Commission.
Subsection 8(1) of the Act is replaced by the following:
Obligation to provide copyAs soon as feasible after receiving a report under section 7, the appropriate Minister must provide a copy of it to the National Security and Intelligence Committee of Parliamentarians, the National Security and Intelligence Review Agency and, if applicable, the Public Complaints and Review Commission.
Coordinating Amendments
2013, c. 18In this section, other Act means the Enhancing Royal Canadian Mounted Police Accountability Act.If subsections 77(7) to (11), (14), (15) and (19) and paragraph 82(a) of the other Act produce their effects before the day on which section 2 of this Act comes into force, then this Act is amended by replacing “appointed or employed” with “appointed” in the following provisions:paragraph (b) of the definition RCMP employee in subsection 2(1);paragraph 17(1)(f);section 18;paragraphs 19(1)(a) and (d);subsection 52(4);subsection 67(1); andparagraph 75(j).If subsection 77(12) of the other Act produces its effects before the day on which section 2 of this Act comes into force, then paragraph 33(7)(b) of this Act is replaced by the following:a member, as defined in subsection 2(1) of the Royal Canadian Mounted Police Act; orIf section 2 of this Act comes into force before the day on which subsections 77(7) to (12), (14), (15) and (19) and paragraphs 82(a) and (b) of the other Act have produced their effects, then those subsections 77(7) to (12), (14), (15) and (19) and section 82 of the other Act are repealed.If subsections 77(7) to (11), (14), (15) and (19) and paragraph 82(a) of the other Act produce their effects on the day on which section 2 of this Act comes into force, then those subsections 77(7) to (11), (14), (15) and (19) and paragraph 82(a) are deemed to have produced their effects before that section 2 comes into force and subsection (2) applies as a consequence.If subsection 77(12) of the other Act produces its effects on the day on which section 2 of this Act comes into force, then that subsection 77(12) is deemed to have produced its effects before that section 2 comes into force and subsection (3) applies as a consequence.If paragraph 82(b) of the other Act produces its effects on the day on which section 2 of this Act comes into force, then that paragraph 82(b) is deemed to have produced its effects before that section 2 comes into force.
Coming into Force
Order in councilThe provisions of this Act come into force on a day or days to be fixed by order of the Governor in Council.