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

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.