Public Complaints and Review Commission Act (S.C. 2024, c. 25)

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.