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

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: