RECOMMENDATION

Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act establishing the Public Complaints and Review Commission and amending certain Acts and statutory instruments”.

Short Title

Marginal note:Short title

1 This Act may be cited as the Public Complaints and Review Commission Act.

Interpretation

Marginal note:Definitions

• 2 (1) The following definitions apply in this Act.

  Agency

  Agency means the Canada Border Services Agency. (Agence)

  CBSA employee

  CBSA employee means any person who is or was an officer or employee of the Agency. (employé de l’ASFC )

  child

  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

  Commission means the Public Complaints and Review Commission established by subsection 3(1). (Commission)

  Commissioner

  Commissioner means the Commissioner of the Royal Canadian Mounted Police. (commissaire)

  employee of the Agency

  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

  Minister means the Minister of Public Safety and Emergency Preparedness. (ministre)

  President

  President means the President of the Agency. (président)

  proceedings

  proceedings means any investigation or hearing conducted by the Commission with respect to a complaint made under Part 2 or 3. (procédure)

  program legislation

  program legislation has the same meaning as in section 2 of the Canada Border Services Agency Act. (législation frontalière)

  RCMP

  RCMP means the Royal Canadian Mounted Police. (Gendarmerie)

  RCMP employee

  RCMP employee means any person who is or was

  • (a) a member, as defined in subsection 2(1) of the Royal Canadian Mounted Police Act; or

  • (b) a person appointed or employed under Part I of that Act. (employé de la GRC)

• Marginal note:Designation

  (2) Every 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.

• Marginal note:Complaints regarding level of service — RCMP

  (3) For 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.

• Marginal note:Provincial ministers not RCMP employees

  (4) For 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.

• Marginal note:Complaints regarding level of service — Agency

  (5) For 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.

• Marginal note:Deeming

  (6) For 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.

PART 1Public Complaints and Review Commission

Establishment and Organization

Marginal note:Establishment

• 3 (1) The 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.

• Marginal note:Diversity and other factors

  (1.1) In making recommendations for appointments of members of the Commission, the Minister must seek to reflect the diversity of Canadian society and must take into account considerations such as gender equality and the overrepresentation of certain groups in the criminal justice system, including Indigenous peoples and Black persons.

• Marginal note:Ineligibility

  (2) A person is not eligible to be a member of the Commission, including the Chairperson or the Vice-chairperson, if that person

  • (a) is or was a member, as defined in subsection 2(1) of the Royal Canadian Mounted Police Act;

  • (b) 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; or

  • (c) is not a Canadian citizen or a permanent resident, as defined in subsection 2(1) of the Immigration and Refugee Protection Act.

• Marginal note:Reappointment

  (3) A member of the Commission is eligible for reappointment on the expiry of that member’s term of office.

Marginal note:Full- or part-time

• 4 (1) The 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.

• Marginal note:Tenure

  (2) Each 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.

• Marginal note:Remuneration

  (3) Members of the Commission are to be paid the remuneration that is to be determined by the Governor in Council.

• Marginal note:Travel, living and other expenses

  (4) Members 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.

• Marginal note:Application of Public Service Superannuation Act

  (5) The full-time members of the Commission are deemed to be employed in the public service for the purposes of the Public Service Superannuation Act.

• Marginal note:Application of other Acts

  (6) Members 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.

Marginal note:Chairperson

• 5 (1) The 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.

• Marginal note:Meetings

  (2) The Chairperson presides at meetings of the Commission.

• Marginal note:Delegation

  (3) The 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).

• Marginal note:Absence or incapacity

  (4) In 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.

Marginal note:Head office

• 6 (1) The 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.

• Marginal note:Regional offices

  (2) The Commission may establish an office in any region of Canada.

• Marginal note:Staff

  (3) The 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.

• Marginal note:Technical assistance

  (4) The Commission may, with Treasury Board’s approval,

  • (a) 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; and

  • (b) fix and pay the remuneration and expenses of persons engaged under paragraph (a).

Powers, Duties and Functions

Marginal note:Powers, duties and functions of Commission

7 The Commission must exercise the powers and perform the duties and functions that are assigned to it by this Act.

Marginal note:Service standards respecting time limits

• 8 (1) The Commission, the RCMP and union representatives of RCMP employees 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.

• Marginal note:Service standards respecting time limits

  (2) The Commission, the Agency and union representatives for CBSA employees 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.

Marginal note:Education and information

9 The 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.

Marginal note:Rules

• 10 (1) Subject to the provisions of this Act and the regulations, the Commission may make rules respecting

  • (a) the sittings of the Commission;

  • (b) the fixing of the quorum for the performance of the Commission’s duties and functions;

  • (c) the manner of dealing with matters and business before the Commission generally, including the practice and procedure before the Commission;

  • (d) the apportionment of the Commission’s work among its members; and

  • (e) the performance of the duties and functions of the Commission generally.

• Marginal note:Publication of proposed rules

  (2) A 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.

• Marginal note:Modification after publication

  (3) A proposed rule need not be published more than once, whether or not it has been amended as a result of any representations.

Marginal note:Protection

• 11 (1) No 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.

• Marginal note:Observer

  (2) For 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.

• Marginal note:No summons

  (3) A 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

Marginal note:Special reports

• 12 (1) The 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.

• Marginal note:Copy

  (2) The Minister must provide a copy of the report or summary to the Commissioner and the President on the same day as the Minister receives the report or summary.

• Marginal note:Summary to be made public

  (3) The 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.

• Marginal note:Exemption

  (4) When 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.

Marginal note:Annual report

• 13 (1) The Chairperson must, within six months after March 31 each 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.

• Marginal note:Contents

  (2) The report referred to in subsection (1) must

  • (a) contain information respecting the Commission’s performance in relation to the service standards established under section 8;

  • (b) 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, including those, if any, disposed of through the reconciliation process with Indigenous peoples;

  • (c) 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;

  • (d) 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;

  • (e) 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;

  • (e.1) set out the number of matters or complaints that were referred to the National Security and Intelligence Review Agency under subsections 31(2), 52(8) and 53(4);

  • (f) contain data about complainants, including disaggregated demographic and race-based data, in a form that prevents data obtained from an identifiable person from being related to that person; and

  • (g) contain information prescribed by the regulations.

Marginal note:Annual report — provinces

• 14 (1) The 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, including those, if any, that were disposed of through the reconciliation process with Indigenous peoples, and identifying trends, if any. The Commission must submit a copy of that report to the Minister and the Commissioner.

• Marginal note:Performance in relation to time limits

  (2) The report must contain information respecting the Commission’s performance in relation to the service standards established under subsection 8(1).

Marginal note:Protection of confidential information

• 15 (1) The 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 contain

  • (a) information 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; or

  • (b) information referred to in subsection (2) that is subject to solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege.

• Marginal note:Description of information

  (2) The 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

Marginal note:Right of access

• 16 (1) Subject 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.

• Marginal note:Duty to comply

  (2) If 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.

• Marginal note:Access to records

  (3) The 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.

• Marginal note:Identification

  (4) If 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.

• Marginal note:Application

  (5) Except as provided by any other Act of Parliament that expressly refers to this section, this section applies despite any other Act of Parliament.

Marginal note:Definition of privileged information

• 17 (1) In 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, including

  • (a) information that is subject to solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege;

  • (b) information that is subject to informer privilege;

  • (c) information the disclosure of which is described in subsection 11(1) of the Witness Protection Program Act;

  • (d) special operational information, as defined in subsection 8(1) of the Security of Information Act;

  • (e) 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;

  • (f) medical information, including information from mental health care professionals, 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; and

  • (g) medical information about an officer or employee of the Canada Border Services Agency.

• Marginal note:Access to privileged information

  (2) Despite any privilege or confidentiality that exists and may be claimed in relation to any information, the Commission is entitled to have access to

  • (a) privileged 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; and

  • (b) privileged 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.

• Marginal note:Access to records

  (3) The 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.

• Marginal note:Request for information

  (4) If 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.

• Marginal note:Provision of information

  (5) After 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).

• Marginal note:Refusal and reasons

  (6) If 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,

  • (a) indicate to the Commission why the privileged information is not relevant or necessary to the matter before the Commission; and

  • (b) provide the Commission with information about the nature and date of the privileged information.

• Marginal note:Memorandum of understanding

  (7) The 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.

• Marginal note:Publication

  (7.1) The Chairperson must publish any memorandum of understanding entered into on the website of the Commission.

• Marginal note:Application

  (8) Except 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.

• Marginal note:For greater certainty

  (9) For 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.

Marginal note:Documents and explanations

18 The 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.

Marginal note:Exceptions

• 19 (1) Despite 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 reveals

  • (a) information 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;

  • (b) 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;

  • (c) communications referred to in subsection 47.1(2) of the Royal Canadian Mounted Police Act;

  • (d) 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;

  • (e) 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;

  • (f) 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, including

    • (i) legal opinions relating to the way in which the RCMP or the Agency should conduct itself in regard to the Commission, and

    • (ii) minutes of meetings held by the RCMP or the Agency relating to the way in which it should conduct itself in regard to the Commission;

  • (g) 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; and

  • (h) any 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.

• Marginal note:Exception — confidences

  (2) Nothing 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.

Marginal note:Exception

20 The Commission is not entitled to have access to

• (a) a confidence of the Queen’s Privy Council for Canada the disclosure of which could be refused under section 39 of the Canada Evidence Act; or

• (b) commercial information that Canada has committed under an international agreement to keeping confidential.

Marginal note:Use of privileged information

21 If 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.

Marginal note:Protection of information

• 22 (1) The Commission may, by regulation, establish measures to protect the information under its control or in its possession.

• Marginal note:Consultation and approval

  (2) Subject 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.

• Marginal note:Time limit

  (3) The 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.

• Marginal note:Regulations

  (4) The Governor in Council may make regulations respecting measures to protect the information under the control, or in the possession, of the Commission.

• Marginal note:Conflict or inconsistency

  (5) In 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.

• Marginal note:Duty to comply with regulations

  (6) Subject 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).

Marginal note:Security requirements

23 Every member, employee and officer of the Commission and every other person acting on its behalf must

• (a) obtain and maintain the necessary security clearance from the Government of Canada and take the oath of secrecy prescribed by regulation;

• (b) comply with all security requirements under this Part and the Security of Information Act; and

• (c) follow 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.

Marginal note:Safeguards — third party

• 24 (1) The 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 that

  • (a) the person or entity will take reasonable measures to protect that information;

  • (b) 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; and

  • (c) the 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.

• Marginal note:Duties to comply

  (2) Every person who has received information under this section must comply with the regulations made under paragraph 87(b).

Marginal note:Disclosure by Commission prohibited

• 25 (1) Except 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.

• Marginal note:Authorized disclosure

  (2) Every person who is otherwise prohibited under subsection (1) from disclosing privileged information may, if authorized by the Chairperson, disclose that information

  • (a) to 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;

  • (b) to the Minister other than in an annual report referred to in section 13;

  • (c) 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; and

  • (d) to 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.

• Marginal note:Disclosure of privileged information — proceedings

  (3) A 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).

• Marginal note:Application

  (4) Except 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.

• Marginal note:Application

  (5) This section applies despite subsection 13(1) of the Auditor General Act and subsection 79.4(1) of the Parliament of Canada Act.

Marginal note:Use of information

• 26 (1) Despite 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,

  • (a) use information obtained by the Commission under this Act relating to a complaint if

    • (i) the information relates to a particular event or series of events that involved one or more RCMP employees and one or more CBSA employees,

    • (ii) 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, and

    • (iii) the information is used solely for the purpose of dealing with the complaint or initiating the complaint; and

  • (b) use information obtained by the Commission under a review conducted under subsection 28(1) or (2) or section 29 of any activity that was, is or may be carried out by the RCMP or Agency if

    • (i) the information is relevant and necessary to the conduct of a review under subsection 28(1) or (2) or section 29 of any similar activity that was, is or may be carried out by the RCMP or Agency, and

    • (ii) the information is used solely for the purposes of the review referred to in subparagraph (i).

• Marginal note:Opportunity to make representations

  (2) If 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.

Marginal note:Disclosure prohibited

27 A 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

Marginal note:Review and report

• 28 (1) For 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 a third party 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.

• Marginal note:Review and report

  (2) For 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 a third party 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.

• Marginal note:Condition

  (3) In order to conduct a review on its own initiative, the Commission must be satisfied that no other review or inquiry has been undertaken on substantially the same issue by a federal or provincial entity.

• Marginal note:Notice

  (4) Before conducting a review on its own initiative, the Commission must give a notice to the Minister indicating that the Commission is satisfied that the condition referred to in subsection (3) has been met and setting out the rationale for conducting the review.

• Marginal note:Policies, procedures and guidelines

  (5) The 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.

• Marginal note:Copy of report to provincial ministers

  (6) The 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.

• Marginal note:Summary of report

  (7) The Commission must make public a summary of every report.

• Marginal note:Opportunity to make comments

  (8) Before 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.

Marginal note:Review for province

• 29 (1) 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 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.

• Marginal note:Report

  (2) If 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.

• Marginal note:Findings and recommendations

  (3) The Commission must include in its report any findings and recommendations that the Commission sees fit regarding

  • (a) whether 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; and

  • (b) the adequacy, appropriateness, sufficiency or clarity of any policy, procedure or guideline relating to the operation of the RCMP.

Marginal note:Joint reviews

30 If 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.

Marginal note:National security

• 31 (1) The Commission does not have jurisdiction to conduct a review of an activity that is related to national security.

• Marginal note:Referral

  (2) The 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.

Marginal note:Powers

• 32 (1) The Commission has, when conducting a review under subsection 28(1) or (2) or section 29, all of its powers under subsection 50(1).

• Marginal note:Application

  (2) Subsections 50(2) to (6) apply, with any necessary modifications, to the exercise of the powers by the Commission under subsection (1).

PART 2Investigation, Review and Hearing of Complaints

Complaints

Marginal note:Complaints

• 33 (1) Any individual or third party 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.

• Marginal note:Complaints

  (2) Any individual or third party 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.

• Marginal note:Time limit

  (3) The complaint must be made within two years after the day on which the conduct is alleged to have occurred or any longer period permitted under subsection (4) or (5).

• Marginal note:Extension of time limit — subsection (1)

  (4) 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.

• Marginal note:Extension of time limit — subsection (2)

  (5) 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.

• Marginal note:Notice

  (6) If a complaint is made after the end of the two-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 their legal representative, if any, and the Commission and provide them with the reasons for not extending the time limit.

• Marginal note:Extension of time limit — Commission

  (6.1) The Commission may extend the time limit for the making of a complaint, even if the Commissioner or the President did not extend it, if the Commission considers it appropriate to do so.

• Marginal note:Receipt of complaint — subsection (1)

  (7) A complaint under subsection (1) must be made to

  • (a) the Commission;

  • (b) 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; or

  • (c) the provincial authority that is responsible for the receipt of complaints against police in the province in which the subject matter of the complaint arose.

• Marginal note:Receipt of complaint — subsection (2)

  (8) A complaint under subsection (2) must be made to

  • (a) the Commission; or

  • (b) the Agency.

• Marginal note:Deeming

  (8.1) For the purposes of subsections (7) and (8), a complaint that is referred to the Commission under regulations made under subparagraph 87(o.1)(ii) is deemed to be a complaint made to the Commission.

• Marginal note:Acknowledgement and notification — subsection (7)

  (9) 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 their legal representative, if any, and provide written notice of the complaint to

  • (a) if the complaint was received by the Commission, the Commissioner and the provincial authority referred to in paragraph (7)(c);

  • (b) 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); or

  • (c) if the complaint was received by the provincial authority referred to in paragraph (7)(c), the Commissioner and the Commission.

• Marginal note:Acknowledgement and notification — subsection (8)

  (10) As soon as feasible after receiving a complaint under subsection (8),

  • (a) the Commission must acknowledge the complaint in writing to the complainant and their legal representative, if any, and provide written notice of the complaint to the President; or

  • (b) the Agency must acknowledge the complaint in writing to the complainant and their legal representative, if any, and provide written notice of the complaint to the Commission.

• Marginal note:Covert operations

  (11) The 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 concerning

  • (a) whether 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; or

  • (b) the identity of any person who is, has been or is intended to be engaged in a covert collection of information or intelligence.

Marginal note:Notice

34 As 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.

Marginal note:Assistance

35 The Commission must, on the request of an individual or third party that wishes to make a complaint, arrange for the provision of assistance to that individual or organization in making the complaint.

Marginal note:Non-disclosure agreement

35.1 Complaints made under this Act shall not be subject to a non-disclosure agreement.

Chairperson-initiated Complaints

Marginal note:Complaints initiated by Chairperson

• 36 (1) If 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.

• Marginal note:Complaints initiated by Chairperson

  (2) If 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.

• Marginal note:Chairperson is complainant

  (3) Unless 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.

• Marginal note:Notice

  (4) The Chairperson must notify the Minister and the Commissioner or President, as the case may be, of any complaint initiated under subsection (1) or (2).

• Marginal note:Notice to employee

  (5) As 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

Marginal note:Investigation by RCMP or Agency

• 37 (1) Subject 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.

• Marginal note:Restriction on power to investigate

  (2) The 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.

• Marginal note:Restriction on power to investigate — RCMP

  (3) The 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.

• Marginal note:Restriction on power to investigate — Agency

  (4) The 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.

Marginal note:Right to refuse investigation

• 38 (1) The 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,

  • (a) the complaint is trivial, frivolous, vexatious or made in bad faith;

  • (b) the complaint is from an individual who

    • (i) is not the individual at whom the conduct was directed,

    • (ii) 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,

    • (iii) 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,

    • (iv) has not been given written permission to make the complaint from the individual at whom the conduct was directed, or

    • (v) has not suffered loss, damage, distress, danger or inconvenience as a result of the conduct;

  • (b.1) the complaint is from a third party that is not directly concerned by the subject matter of the complaint;

  • (c) the complaint concerns a decision under Part IV of the Royal Canadian Mounted Police Act;

  • (d) the complaint relates to a disciplinary measure taken, or not taken, by the President; or

  • (e) having regard to all the circumstances, it is not necessary or reasonably practicable to commence an investigation of the complaint.

• Marginal note:Duty to refuse investigation

  (2) The 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.

• Marginal note:Notice to complainant, legal representative and employee

  (3) If 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 their legal representative, if any, 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.

• Marginal note:Additional information in notice to complainant and legal representative

  (4) If 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 and their legal representative, if any, under subsection (3) must identify that procedure.

• Marginal note:Notice to Commission

  (5) The Commissioner or President must notify the Commission of any action he or she takes under this section.

Marginal note:Rules

39 The 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

Marginal note:Withdrawal — subsection 33(1)

• 40 (1) A complainant may withdraw a complaint made under subsection 33(1) at any time by sending a written notice and the reasons for the withdrawal to the Commission or the Commissioner.

• Marginal note:Notice of withdrawal

  (2) As 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.

• Marginal note:Notice to RCMP employee

  (3) When 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.

• Marginal note:Investigation or hearing into withdrawn complaint

  (4) Despite the withdrawal of the complaint, the complaint may be the subject of an investigation, review or hearing conducted under this Part.

• Marginal note:Preservation of evidence

  (5) The Commissioner must ensure the protection and preservation of any evidence relating to a withdrawn complaint made under subsection 33(1).

Marginal note:Withdrawal — subsection 33(2)

• 41 (1) A complainant may withdraw a complaint made under subsection 33(2) at any time by sending a written notice and the reasons for the withdrawal to the Commission or the President.

• Marginal note:Notice of withdrawal

  (2) As 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.

• Marginal note:Notice to CBSA employee

  (3) When 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.

• Marginal note:Investigation or hearing into withdrawn complaint

  (4) Despite the withdrawal of the complaint, the complaint may be the subject of an investigation, review or hearing conducted under this Part.

• Marginal note:Preservation of evidence

  (5) The President must ensure the protection and preservation of any evidence relating to a withdrawn complaint made under subsection 33(2).

Marginal note:Assistance

42 The Commission must, on the request of an individual or a third party that wishes to withdraw a complaint made under subsection 33(1) or (2), arrange for the provision of assistance to that individual or organization in withdrawing the complaint.

Informal Resolution

Marginal note:Informal resolution

• 43 (1) As 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.

• Marginal note:Inadmissibility

  (2) An 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 in

  • (a) a prosecution under section 132 or 136 of the Criminal Code; or

  • (b) a 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.

• Marginal note:Agreement to informal resolution in writing

  (3) The 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.

• Marginal note:Clarification

  (4) For 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

Marginal note:Right to make representations

• 44 (1) If 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:

  • (a) the complainant;

  • (b) 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; and

  • (c) an individual who has written permission to make the representations from the individual at whom the conduct was directed.

• Marginal note:Union representatives

  (1.1) Union representatives for the RCMP employee or CBSA employee, as the case may be, whose conduct is the subject matter of the complaint must also be given an opportunity to make representations.

• Marginal note:Disclosure

  (2) Representations, 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.

• Marginal note:Use of representations

  (3) If 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

Marginal note:Duty to establish and maintain

• 45 (1) The 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.

• Marginal note:Making record available

  (2) Subject 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

Marginal note:Restriction on power to investigate

• 46 (1) The 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.

• Marginal note:Restriction on power to investigate — Agency

  (2) The 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.

Marginal note:Right to refuse or terminate investigation

• 47 (1) The 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.

• Marginal note:Duty to refuse or terminate investigation

  (2) The 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.

• Marginal note:Notice to complainant, legal representative and employee

  (3) If 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 their legal representative, if any, 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.

• Marginal note:Additional information in notice to complainant and legal representative

  (4) If 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 and their legal representative, if any, under subsection (3) must identify that procedure.

• Marginal note:Notice to Commission

  (5) The Commissioner or President must notify the Commission of any action he or she takes under this section.

Marginal note:Updates with respect to investigation

48 The 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 their legal representative, if any, 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.

Marginal note:Report

49 As 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 and their legal representative, if any, 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 out

• (a) a summary of the complaint;

• (b) the findings of the investigation;

• (c) a summary of any action that has been or will be taken with respect to the disposition of the complaint; and

• (d) the 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

Marginal note:Powers

• 50 (1) The Commission may, in relation to a complaint before it,

  • (a) 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;

  • (b) administer oaths and solemn affirmations;

  • (c) 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; and

  • (d) make any examination of records and any inquiries that the Commission considers necessary.

• Marginal note:No excuse

  (2) A 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.

• Marginal note:Inadmissibility

  (3) Subject 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 in

  • (a) a prosecution under section 132 or 136 of the Criminal Code; or

  • (b) a 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.

• Marginal note:Restriction

  (4) Despite subsection (1), the Commission must not receive or accept

  • (a) any 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;

  • (b) 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; or

  • (c) any answer or statement made in the course of attempting to dispose of a complaint under section 43.

• Marginal note:Restriction

  (5) Despite 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).

• Marginal note:Witness fees

  (6) Any 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

Marginal note:Complaints

• 51 (1) Subject 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.

• Marginal note:Notice

  (2) The Commission must notify the Minister and the Commissioner or President, as the case may be, of any investigation or hearing initiated under this section.

Marginal note:Restriction

• 52 (1) The Commission may refuse to deal with a complaint if, in its opinion,

  • (a) the complaint is trivial, frivolous, vexatious or made in bad faith;

  • (b) the complaint is from an individual who

    • (i) is not the individual at whom the conduct was directed,

    • (ii) is neither the guardian, tutor, curator or mandatary — under a protection mandate — of the individual at whom the conduct was directed nor a person or a third party that is appointed to act in a similar capacity on behalf of the individual,

    • (iii) 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,

    • (iv) has not been given written permission to make the complaint from the individual at whom the conduct was directed, or

    • (v) has not suffered loss, damage, distress, danger or inconvenience as a result of the conduct; or

  • (b.1) the complaint is from a third party that is not directly concerned by the subject matter of the complaint.

• Marginal note:Complaints involving decisions

  (2) The Commission must refuse to deal with a complaint concerning any decision under Part IV of the Royal Canadian Mounted Police Act.

• Marginal note:Complaint by members or certain other persons

  (4) The 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.

• Marginal note:Other procedures

  (5) The Commission may 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.

• Marginal note:Program legislation or offences

  (6) The Commission must refuse to deal with a complaint if, in its opinion, dealing with the complaint would compromise or seriously hinder

  • (a) the administration or enforcement of program legislation; or

  • (b) the investigation or prosecution of any offence.

• Marginal note:Notice

  (7) If 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.

• Marginal note:National security

  (8) The 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.

• Marginal note:Notice to employee

  (9) After 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).

Marginal note:Right to discontinue investigation

• 53 (1) The Commission may decide to discontinue an investigation of a complaint if, in its opinion,

  • (a) any of the reasons for which the Commission may refuse to deal with a complaint under paragraph 52(1)(a) or (b), or subsection 52(5) applies; or

  • (b) having regard to all the circumstances, it is not necessary or reasonably practicable to continue to investigate the complaint.

• Marginal note:Duty to discontinue investigation

  (2) The Commission must discontinue an investigation of a complaint if, in its opinion, any of subsections 52(2) to (4) or (6) applies.

• Marginal note:Notice

  (3) If 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.

• Marginal note:National security

  (4) The 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.

• Marginal note:Notice to employee

  (5) After 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).

Marginal note:Merger of complaints

54 Subject 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.

Marginal note:Updates with respect to investigation

55 The 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

Marginal note:Referral to Commission

• 56 (1) A 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.

• Marginal note:Extension of time limit

  (2) The 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.

• Marginal note:Material to be provided

  (3) If a complainant refers a complaint to the Commission under subsection (1),

  • (a) the Commission must notify the Commissioner or President, as the case may be, that the complaint has been referred to the Commission; and

  • (b) the Commissioner or President, as the case may be, must, within the prescribed time, provide the Commission with a copy of

    • (i) the notice given under subsection 38(3) or 47(3) or the report sent under section 49, and

    • (ii) every other document relating to the complaint that the RCMP or the Agency provided to the complainant.

Marginal note:Review by Commission

• 57 (1) Subject to section 52, the Commission must review every complaint referred to it under section 56.

• Marginal note:Commission satisfied

  (2) If, 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.

• Marginal note:Commission not satisfied

  (3) If, 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 may

  • (a) prepare 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;

  • (b) request that the Commissioner direct the RCMP or that the President direct the Agency to investigate or further investigate the complaint; or

  • (c) investigate or further investigate the complaint or institute a hearing to inquire into the complaint.

Marginal note:Commissioner’s and President’s response

• 58 (1) The 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.

• Marginal note:Commission’s final report

  (2) After 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

Marginal note:Hearing

• 59 (1) If 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.

• Marginal note:Deeming

  (2) For the purposes of this section, the member or members of the Commission who are conducting the hearing are deemed to be the Commission.

• Marginal note:Definition of party

  (3) In this section, party means

  • (a) the person designated by the Commissioner or President, as the case may be, for the purposes of this Part;

  • (b) the RCMP employee or CBSA employee, as the case may be, whose conduct is the subject matter of the complaint; or

  • (c) the complainant.

• Marginal note:Notice

  (4) The Commission must serve the parties with a notice in writing of the time and place set for the hearing.

• Marginal note:Sittings of Commission

  (5) The 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.

• Marginal note:Hearings in public

  (6) A 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 opinion

  • (a) that 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;

  • (b) that information that could reasonably be expected to be injurious to law enforcement is likely to be disclosed during the course of the hearing;

  • (c) 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;

  • (d) 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;

  • (e) 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;

  • (f) 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; or

  • (g) that it is otherwise required by the circumstances of the case.

• Marginal note:Rights of persons interested

  (7) The parties and the union representatives for the RCMP employee or CBSA employee, as the case may be, whose conduct is the subject matter of the complaint, 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.

• Marginal note:Representation of witnesses

  (8) The Commission must permit any person who gives evidence at a hearing to be represented by legal counsel.

• Marginal note:Designated person

  (9) The 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.

• Marginal note:Confidential communications

  (10) If 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.

• Marginal note:Expenses

  (11) If 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

Marginal note:Duty to suspend

• 60 (1) The 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.

• Marginal note:Power to suspend

  (2) The 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

Marginal note:Joint investigation, review or hearing — RCMP

61 If 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.

Marginal note:Joint investigation, review or hearing — Agency

62 If 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.

Marginal note:Joint investigations, reviews or hearings — detained persons

63 If 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

Marginal note:Interim report

• 64 (1) On 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.

• Marginal note:Commissioner’s or President’s response

  (2) The 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 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, the Commissioner or President must include in the response the reasons for not so acting.

• Marginal note:Commission’s final report

  (3) After 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.

Marginal note:Final and conclusive

65 All 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.

Marginal note:Return of documents and things

66 Any 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

Marginal note:Disciplinary process

• 67 (1) The 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.

• Marginal note:Notice

  (2) The 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.

Marginal note:Disciplinary measure

• 68 (1) The 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.

• Marginal note:Notice

  (2) The 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.

Marginal note:Factors

69 The Chairperson must, in determining whether to make a recommendation under section 67 or 68, take into account the prescribed factors.

Marginal note:Use of information

70 For 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.

Marginal note:Safeguards

71 Nothing in section 67 or 68 is to be construed as

• (a) affecting the powers and rights of the Commissioner or President;

• (b) 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;

• (c) preventing the application of any applicable law or collective agreement;

• (d) authorizing the commencement of any process in relation to any conduct if such a process has already commenced;

• (e) 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; or

• (f) authorizing 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

Marginal note:Reports respecting action taken

• 72 (1) The 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,

  • (a) in response to recommendations set out in reports submitted to them under this Act; and

  • (b) in relation to notices sent to them under section 67 and 68.

• Marginal note:Copy

  (2) A copy of the report must be provided to the Chairperson.

PART 3Review of Integrated Cross-Border Law Enforcement Operations

Interpretation

Marginal note:Definitions

• 73 (1) The following definitions apply in this Part.

  Central Authority

  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

  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

  integrated cross-border operation has the same meaning as in section 2 of the Integrated Cross-border Law Enforcement Operations Act. (opération transfrontalière intégrée)

• Marginal note:Clarification — this Part

  (2) For 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.

• Marginal note:Clarification — sections 90 and 91

  (3) For 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

Marginal note:Purpose

74 The 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

Marginal note:Application of certain provisions

75 Sections 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) 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;

• (b) a reference to the Commissioner, other than in subsection 17(7), is to be read as a reference to the Central Authority;

• (c) a reference to the Commissioner in subsection 17(7) is to be read as a reference to the Commissioner acting as the Central Authority;

• (d) a reference to the activities of the RCMP in subsection 28(1) is to be read as a reference to integrated cross-border operations;

• (e) 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;

• (f) a reference to section 29 in subsections 17(2) and 32(1) is to be read as a reference to section 77;

• (g) 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;

• (h) 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;

• (i) 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);

• (j) 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;

• (k) 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;

• (l) 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); and

• (m) the reference to section 13 in paragraph 25(2)(b) is to be read as a reference to section 78.

Reporting

Marginal note:Copy of report to provincial ministers

76 The 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.

Marginal note:Review for province

• 77 (1) The 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.

• Marginal note:Report

  (2) If 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.

• Marginal note:Findings and recommendations

  (3) The Commission must include in its report any findings and recommendations that the Commission sees fit regarding

  • (a) whether 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; and

  • (b) the adequacy, appropriateness, sufficiency or clarity of any policy, procedure or guideline relating to those operations.

Marginal note:Annual report — provinces

• 78 (1) The 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.

• Marginal note:Performance in relation to time limits

  (2) Every 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

Marginal note:Application of certain provisions

• 79 (1) Sections 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) a reference to the Commissioner is to be read as a reference to the Central Authority;

  • (b) 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;

  • (c) 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;

  • (d) 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;

  • (e) 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;

  • (f) 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;

  • (g) 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;

  • (h) 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; and

  • (i) a 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.

• Marginal note:Disclosure and use for disciplinary purposes

  (2) Representations 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:

  • (a) 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; or

  • (b) the 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.

Marginal note:Joint investigations, etc.

80 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.

Marginal note:Rules

81 The 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.

Marginal note:Final reports

82 The 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.

PART 4General

Marginal note:Delegation

83 The 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).

Marginal note:No effect

84 The 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 to

• (a) delay any investigation of an offence under an Act of Parliament or of the legislature of a province or prevent any such investigation from commencing;

• (b) delay any action taken under any program legislation or prevent any such action from being taken;

• (c) delay any removal proceedings or prevent the enforcement of any removal order;

• (d) delay any extradition proceedings or prevent the extradition of any individual to or from Canada; or

• (e) permit any individual to enter Canada or to remain in Canada beyond the end of the period for which they are authorized to so remain.

Marginal note:Cooperation

85 The 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.

Marginal note:Right to be informed

86 Every 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.

Marginal note:Regulations

87 The Governor in Council may make regulations for carrying out the purposes and provisions of this Act, including regulations

• (a) respecting the establishment of service standards under section 8;

• (b) 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;

• (c) respecting procedures that govern the Commission’s access to privileged information under section 17;

• (d) respecting the use of information under subsection 26(1);

• (e) 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;

• (f) respecting, for the purpose of subsections 40(5) and 41(5), the period during which evidence is to be protected and preserved;

• (g) prescribing the categories of complaints that are not to be resolved informally by the Commissioner or President under section 43;

• (h) respecting the making of representations under subsection 44(1);

• (i) respecting, for the purpose of section 54, the merger of complaints;

• (j) respecting investigations, reviews or hearings conducted jointly under section 61 or 62;

• (k) 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;

• (l) respecting notices under subsections 67(1) and 68(1);

• (m) respecting conduct for the purposes of subsection 68(1);

• (n) defining “serious injury” for the purposes of subsection 68(1);

• (o) respecting investigations, reviews or hearings conducted jointly under section 80;

• (o.1) respecting

  • (i) sharing of information and cooperation between the Commission and the National Security and Intelligence Review Agency or between the Commission and any other prescribed federal entity,

  • (ii) referral of complaints by the Commission to the National Security and Intelligence Review Agency or any other prescribed federal entity or referral of complaints by the National Security and Intelligence Review Agency or any other prescribed federal entity to the Commission, and

  • (iii) proceedings conducted jointly by the Commission and the National Security and Intelligence Review Agency or by the Commission and any other prescribed federal entity; and

• (p) prescribing anything that by this Act is to be prescribed by regulation.

Marginal note:Attendance of witnesses, etc.

• 88 (1) Every person commits an offence punishable on summary conviction who

  • (a) on being duly summoned as a witness or otherwise under this Act, fails to attend;

  • (b) being in attendance as a witness in any proceeding,

    • (i) refuses to take an oath or solemn affirmation required of them,

    • (ii) refuses to produce any document or thing in their possession or under their control that is required to be produced by them, or

    • (iii) refuses to answer any question;

  • (c) at any proceeding uses insulting or threatening language or causes any interference or disturbance; or

  • (d) without 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.

• Marginal note:Exception

  (2) Paragraph (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.

• Marginal note:Punishment

  (3) Every 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.

Marginal note:Offences — harassment, obstruction, destroying documents etc.

• 89 (1) A person must not

  • (a) harass, intimidate or threaten any person with the intent to compel that other person to abstain from making a complaint under Part 2 or 3;

  • (b) harass, intimidate or threaten

    • (i) an individual who makes a complaint under Part 2 or 3,

    • (ii) an individual at whom the conduct that is the subject of a complaint made under either of those Parts was directed,

    • (iii) 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, or

    • (iv) a person who is exercising any power or performing any duty or function under any of Parts 1 to 3;

  • (c) 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;

  • (d) 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; or

  • (e) direct, 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.

• Marginal note:Punishment

  (2) Every person who contravenes subsection (1) commits an offence and is

  • (a) guilty of an indictable offence and liable to imprisonment for a term of not more than five years; or

  • (b) 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.

Marginal note:Offence — failure to comply

• 90 (1) Every 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.

• Marginal note:Defence

  (2) No 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.

Marginal note:Offence to disclose certain information

91 Every person who contravenes subsection 25(1) is

• (a) guilty of an indictable offence and liable to imprisonment for a term of not more than five years; or

• (b) 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.

Marginal note:Limitation period

92 Summary 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.

PART 5R.S., c. R-10Royal Canadian Mounted Police Act

• 93 (1) The definition proceedings in subsection 2(1) of the Royal Canadian Mounted Police Act is repealed.

• (2) The definition Commission in subsection 2(1) of the Act is replaced by the following:

  Commission

  Commission means the Public Complaints and Review Commission established by subsection 3(1) of the Public Complaints and Review Commission Act; (Commission)

94 Subsection 5(2) of the Act is replaced by the following:

96 Paragraph 24.1(6)(b) of the Act is replaced by the following:

97 Sections 45.171 to 45.173 of the Act are replaced by the following:

98 Parts VI and VII of the Act are repealed.

99 Subsection 45.79(1) of the Act is amended by adding the following in alphabetical order:

100 Section 45.8 of the Act is replaced by the following:

101 Subsections 45.83(5) and (6) of the Act are replaced by the following:

102 Section 45.86 of the Act is replaced by the following:

103 The heading of Part VII.2 of the Act is replaced by the following:

104 Subsections 45.88(2) and (3) of the Act are replaced by the following:

105 Sections 45.89 to 45.97 of the Act are replaced by the following:

106 Subparagraph 50(1)(d)(i) of the Act is replaced by the following:

107 Sections 50.1 to 51 of the Act are replaced by the following:

PART 62005, c. 38Canada Border Services Agency Act

108 Section 2 of the Canada Border Services Agency Act is amended by adding the following in alphabetical order:

109 Subsection 9(1) of the Act is replaced by the following:

110 Section 13 of the Act is amended by adding the following after subsection (2):

111 The Act is amended by adding the following after section 14:

PART 7Terminology

Marginal note:Terminology change — English version

112 Unless 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.

PART 8Transitional Provisions, Consequential and Coordinating Amendments and Coming into Force

Transitional Provisions

Marginal note:Definitions

• 113 (1) The following definitions apply in this section.

  former Commission

  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

  new Commission means the Commission. (nouvelle Commission)

• Marginal note:Members of former Commission

  (2) The 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.

• Marginal note:Employees

  (3) Nothing 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.

• Marginal note:Transfer of appropriations

  (4) Any 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.

• Marginal note:Rights and obligations transferred

  (5) All 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.

• Marginal note:References

  (6) Every 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.

• Marginal note:Continuation of proceedings

  (7) Any 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.

• Marginal note:Requests

  (8) Any 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.

• Marginal note:Complaints

  (9) Any 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.

• Marginal note:Conduct

  (10) Complaints 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.

• Marginal note:Applications of sections 67 and 68

  (11) Sections 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 Amendments

R.S., c. A-1Access to Information Act

114 Schedule I to the Access to Information Act is amended by striking out the following under the heading “Other Government Institutions”:

115 Schedule I to the Act is amended by adding the following in alphabetical order under the heading “Other Government Institutions”:

116 Schedule II to the Act is amended by striking out the reference to

and the corresponding reference to “subsection 45.47(1)”.

117 Schedule II to the Act is amended by adding, in alphabetical order, a reference to

and a corresponding reference to “subsection 25(1)”.

R.S., c. C-5Canada Evidence Act

118 Item 22 of the schedule to the Canada Evidence Act is replaced by the following:

R.S., c. F-11Financial Administration Act

119 Schedule I.1 to the Financial Administration Act is amended by striking out, in column I, the reference to

and the corresponding reference in column II to ‘‘Minister of Public Safety and Emergency Preparedness’’.

120 Schedule I.1 to the Act is amended by adding, in alphabetical order in column I, a reference to

and a corresponding reference in column II to ‘‘Minister of Public Safety and Emergency Preparedness’’.

121 Schedule IV to the Act is amended by striking out the following:

122 Schedule IV to the Act is amended by adding the following in alphabetical order:

123 Part III of Schedule VI to the Act is amended by striking out, in column I, the reference to

and the corresponding reference in column II to ‘‘Chairperson’’.

124 Part III of Schedule VI to the Act is amended by adding, in alphabetical order in column I, a reference to

and a corresponding reference in column II to ‘‘Chairperson’’.

R.S., c. O-5; 2001, c. 41, s. 25Security of Information Act

125 The schedule to the Security of Information Act is amended by striking out the following:

126 The schedule to the Act is amended by adding the following in alphabetical order:

R.S., c. P-21Privacy Act

127 The schedule to the Privacy Act is amended by striking out the following under the heading “Other Government Institutions”:

128 The schedule to the Act is amended by adding the following in alphabetical order under the heading “Other Government Institutions”:

R.S., c. 1 (2nd Supp.)Customs Act

129 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):

1991, c. 30Public Sector Compensation Act

130 Schedule I to the Public Sector Compensation Act is amended by striking out the following under the heading “Other Portions of the Public Service”:

131 Schedule I to the Act is amended by adding the following in alphabetical order under the heading “Other Portions of the Public Service”:

2017, c. 15National Security and Intelligence Committee of Parliamentarians Act

132 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:

133 Subsection 16(3) of the Act is replaced by the following:

134 Subsection 22(1) of the Act is replaced by the following:

135 Paragraph 23(a) of the Act is replaced by the following:

2019, c. 13, s. 2National Security and Intelligence Review Agency Act

• 136 (1) 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):

  • (c.1) with respect to the Canada Border Services Agency, the President;

• (2) Paragraph (a) of the definition review body in section 2 of the Act is replaced by the following:

  • (a) the Public Complaints and Review Commission established by subsection 3(1) of the Public Complaints and Review Commission Act ; or

137 Subparagraph 8(1)(d)(ii) of the Act is replaced by the following:

138 Paragraph 10(d) of the Act is replaced by the following:

139 Subsection 14(1) of the Act is replaced by the following:

140 Section 15 of the Act is replaced by the following:

141 Section 19 of the Act is replaced by the following:

142 Paragraph 29(1)(c) of the Act is replaced by the following:

2019, c. 13, s. 49.1Avoiding Complicity in Mistreatment by Foreign Entities Act

143 Section 6 of the Avoiding Complicity in Mistreatment by Foreign Entities Act is replaced by the following:

144 Subsection 8(1) of the Act is replaced by the following:

Coordinating Amendments

Marginal note:2013, c. 18

• 145 (1) In this section, other Act means the Enhancing Royal Canadian Mounted Police Accountability Act.

• (2) 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:

  • (a) paragraph (b) of the definition RCMP employee in subsection 2(1);

  • (b) paragraph 17(1)(f);

  • (c) section 18;

  • (d) paragraphs 19(1)(a) and (d);

  • (e) subsection 52(4);

  • (f) subsection 67(1); and

  • (g) paragraph 75(j).

• (3) 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:

  • (b) a member, as defined in subsection 2(1) of the Royal Canadian Mounted Police Act; or

• (4) If 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.

• (5) 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.

• (6) 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.

• (7) 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

Marginal note:Order in council

146 The provisions of this Act come into force on a day or days to be fixed by order of the Governor in Council.