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

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Assented to 2024-10-31

PART 2Investigation, Review and Hearing of Complaints (continued)

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