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

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.