Public Complaints and Review Commission Act (S.C. 2024, c. 25)
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Assented to 2024-10-31
PART 8Transitional Provisions, Consequential and Coordinating Amendments and Coming into Force (continued)
Consequential Amendments
R.S., c. A-1Access to Information Act
114 Schedule I to the Access to Information Act is amended by striking out the following under the heading “Other Government Institutions”:
Civilian Review and Complaints Commission for the Royal Canadian Mounted Police
Commission civile d’examen et de traitement des plaintes relatives à la Gendarmerie royale du Canada
115 Schedule I to the Act is amended by adding the following in alphabetical order under the heading “Other Government Institutions”:
Public Complaints and Review Commission
Commission d’examen et de traitement des plaintes du public
116 Schedule II to the Act is amended by striking out the reference to
Royal Canadian Mounted Police Act
Loi sur la Gendarmerie royale du Canada
and the corresponding reference to “subsection 45.47(1)”.
117 Schedule II to the Act is amended by adding, in alphabetical order, a reference to
Public Complaints and Review Commission Act
Loi sur la Commission d’examen et de traitement des plaintes du public
and a corresponding reference to “subsection 25(1)”.
R.S., c. C-5Canada Evidence Act
118 Item 22 of the schedule to the Canada Evidence Act is replaced by the following:
22 The Public Complaints and Review Commission, for the purposes of the Royal Canadian Mounted Police Act and the Canada Border Services Agency Act, but only in relation to information that is under the control, or in the possession, of the Royal Canadian Mounted Police, the Canada Border Services Agency or the Central Authority, as the case may be.
R.S., c. F-11Financial Administration Act
119 Schedule I.1 to the Financial Administration Act is amended by striking out, in column I, the reference to
Civilian Review and Complaints Commission for the Royal Canadian Mounted Police
Commission civile d’examen et de traitement des plaintes relatives à la Gendarmerie royale du Canada
and the corresponding reference in column II to ‘‘Minister of Public Safety and Emergency Preparedness’’.
120 Schedule I.1 to the Act is amended by adding, in alphabetical order in column I, a reference to
Public Complaints and Review Commission
Commission d’examen et de traitement des plaintes du public
and a corresponding reference in column II to ‘‘Minister of Public Safety and Emergency Preparedness’’.
121 Schedule IV to the Act is amended by striking out the following:
Civilian Review and Complaints Commission for the Royal Canadian Mounted Police
Commission civile d’examen et de traitement des plaintes relatives à la Gendarmerie royale du Canada
122 Schedule IV to the Act is amended by adding the following in alphabetical order:
Public Complaints and Review Commission
Commission d’examen et de traitement des plaintes du public
123 Part III of Schedule VI to the Act is amended by striking out, in column I, the reference to
Civilian Review and Complaints Commission for the Royal Canadian Mounted Police
Commission civile d’examen et de traitement des plaintes relatives à la Gendarmerie royale du Canada
and the corresponding reference in column II to ‘‘Chairperson’’.
124 Part III of Schedule VI to the Act is amended by adding, in alphabetical order in column I, a reference to
Public Complaints and Review Commission
Commission d’examen et de traitement des plaintes du public
and a corresponding reference in column II to ‘‘Chairperson’’.
R.S., c. O-5; 2001, c. 41, s. 25Security of Information Act
125 The schedule to the Security of Information Act is amended by striking out the following:
Civilian Review and Complaints Commission for the Royal Canadian Mounted Police
Commission civile d’examen et de traitement des plaintes relatives à la Gendarmerie royale du Canada
126 The schedule to the Act is amended by adding the following in alphabetical order:
Public Complaints and Review Commission
Commission d’examen et de traitement des plaintes du public
R.S., c. P-21Privacy Act
127 The schedule to the Privacy Act is amended by striking out the following under the heading “Other Government Institutions”:
Civilian Review and Complaints Commission for the Royal Canadian Mounted Police
Commission civile d’examen et de traitement des plaintes relatives à la Gendarmerie royale du Canada
128 The schedule to the Act is amended by adding the following in alphabetical order under the heading “Other Government Institutions”:
Public Complaints and Review Commission
Commission d’examen et de traitement des plaintes du public
R.S., c. 1 (2nd Supp.)Customs Act
129 Subsection 107(4) of the Customs Act is amended by striking out “or” at the end of paragraph (h), by adding “or” at the end of paragraph (i) and by adding the following after paragraph (i):
(j) is disclosed in accordance with the Public Complaints and Review Commission Act.
1991, c. 30Public Sector Compensation Act
130 Schedule I to the Public Sector Compensation Act is amended by striking out the following under the heading “Other Portions of the Public Service”:
Civilian Review and Complaints Commission for the Royal Canadian Mounted Police
Commission civile d’examen et de traitement des plaintes relatives à la Gendarmerie royale du Canada
131 Schedule I to the Act is amended by adding the following in alphabetical order under the heading “Other Portions of the Public Service”:
Public Complaints and Review Commission
Commission d’examen et de traitement des plaintes du public
2017, c. 15National Security and Intelligence Committee of Parliamentarians Act
132 Paragraph (a) of the definition review body in section 2 of the National Security and Intelligence Committee of Parliamentarians Act is replaced by the following:
(a) the Public Complaints and Review Commission established by subsection 3(1) of the Public Complaints and Review Commission Act; or
133 Subsection 16(3) of the Act is replaced by the following:
Marginal note:Review bodies informed of decision
(3) The appropriate Minister must provide the decision and reasons to the National Security and Intelligence Review Agency and, in the case of information under the control of the Royal Canadian Mounted Police or the Canada Border Services Agency, to the Public Complaints and Review Commission.
134 Subsection 22(1) of the Act is replaced by the following:
Marginal note:Provision of information to Committee
22 (1) Despite any provision of any other Act of Parliament — including section 25 of the Public Complaints and Review Commission Act — but subject to subsection (2), a review body may provide to the Committee information that is under its control and that is related to the fulfilment of the Committee’s mandate.
135 Paragraph 23(a) of the Act is replaced by the following:
(a) to the Public Complaints and Review Commission, information that is obtained from — or that is created by the Committee from information obtained from — the Royal Canadian Mounted Police or the Canada Border Services Agency and that is related to the fulfilment of that Commission’s mandate; or
2019, c. 13, s. 2National Security and Intelligence Review Agency Act
136 (1) The definition deputy head in section 2 of the National Security and Intelligence Review Agency Act is amended by adding the following after paragraph (c):
(c.1) with respect to the Canada Border Services Agency, the President;
(2) Paragraph (a) of the definition review body in section 2 of the Act is replaced by the following:
(a) the Public Complaints and Review Commission established by subsection 3(1) of the Public Complaints and Review Commission Act ; or
137 Subparagraph 8(1)(d)(ii) of the Act is replaced by the following:
(ii) any complaint referred to the Agency under subsection 52(8) or 53(4) of the Public Complaints and Review Commission Act or under regulations made under subparagraph 87(o.1)(ii) of that Act,
138 Paragraph 10(d) of the Act is replaced by the following:
(d) in relation to a complaint referred to it under subsection 52(8) or 53(4) of the Public Complaints and Review Commission Act or under regulations made under subparagraph 87(o.1)(ii) of that Act, any information that relates to the complaint and that is in the possession or under the control of the Public Complaints and Review Commission, the Royal Canadian Mounted Police, the Canadian Security Intelligence Service, the Communications Security Establishment or the Canada Border Services Agency.
139 Subsection 14(1) of the Act is replaced by the following:
Marginal note:Provision of information to Review Agency
14 (1) Despite any provision of any other Act of Parliament — including section 25 of the Public Complaints and Review Commission Act — and subject to subsection (2), a review body may provide to the Review Agency information that is in its possession or under its control and that is related, in the review body’s opinion, to the fulfilment of the Agency’s mandate under paragraphs 8(1)(a) to (c).
140 Section 15 of the Act is replaced by the following:
Marginal note:Public Complaints and Review Commission
15 (1) The Review Agency may provide to the Public Complaints and Review Commission information that is obtained from — or that is created by the Agency from information obtained from — the Royal Canadian Mounted Police or the Canada Border Services Agency and that is related, in the Review Agency’s opinion, to the fulfilment of that Commission’s mandate under subsections 28(1) and (2) of the Public Complaints and Review Commission Act.
Marginal note:Exception
(2) The Review Agency must not provide to the Public Complaints and Review Commission information that is referred to in subsection 19(1) of the Public Complaints and Review Commission Act.
141 Section 19 of the Act is replaced by the following:
Marginal note:Complaints referred by review body
19 The Review Agency must receive and investigate a complaint referred to it under subsection 52(8) or 53(4) of the Public Complaints and Review Commission Act or under regulations made under subparagraph 87(o.1)(ii) of that Act if it is satisfied that the complaint is not trivial, frivolous or vexatious or made in bad faith.
142 Paragraph 29(1)(c) of the Act is replaced by the following:
(c) on completion of an investigation in relation to a complaint referred to it under subsection 52(8) or 53(4) of the Public Complaints and Review Commission Act or under regulations made under subparagraph 87(o.1)(ii) of that Act, provide the appropriate Minister and the Commissioner of the Royal Canadian Mounted Police or the President of the Canada Border Services Agency, as the case may be, with a report containing the findings of the investigation and any recommendations that the Review Agency considers appropriate.
2019, c. 13, s. 49.1Avoiding Complicity in Mistreatment by Foreign Entities Act
143 Section 6 of the Avoiding Complicity in Mistreatment by Foreign Entities Act is replaced by the following:
Marginal note:Copy to be provided
6 Every deputy head to whom directions have been issued under section 3 must, as soon as feasible after receiving them, provide a copy of the directions to the National Security and Intelligence Committee of Parliamentarians, the National Security and Intelligence Review Agency and, if applicable, the Public Complaints and Review Commission.
144 Subsection 8(1) of the Act is replaced by the following:
Marginal note:Obligation to provide copy
8 (1) As soon as feasible after receiving a report under section 7, the appropriate Minister must provide a copy of it to the National Security and Intelligence Committee of Parliamentarians, the National Security and Intelligence Review Agency and, if applicable, the Public Complaints and Review Commission.
Coordinating Amendments
Marginal note:2013, c. 18
145 (1) In this section, other Act means the Enhancing Royal Canadian Mounted Police Accountability Act.
(2) If subsections 77(7) to (11), (14), (15) and (19) and paragraph 82(a) of the other Act produce their effects before the day on which section 2 of this Act comes into force, then this Act is amended by replacing “appointed or employed” with “appointed” in the following provisions:
(a) paragraph (b) of the definition RCMP employee in subsection 2(1);
(b) paragraph 17(1)(f);
(c) section 18;
(d) paragraphs 19(1)(a) and (d);
(e) subsection 52(4);
(f) subsection 67(1); and
(g) paragraph 75(j).
(3) If subsection 77(12) of the other Act produces its effects before the day on which section 2 of this Act comes into force, then paragraph 33(7)(b) of this Act is replaced by the following:
(b) a member, as defined in subsection 2(1) of the Royal Canadian Mounted Police Act; or
(4) If section 2 of this Act comes into force before the day on which subsections 77(7) to (12), (14), (15) and (19) and paragraphs 82(a) and (b) of the other Act have produced their effects, then those subsections 77(7) to (12), (14), (15) and (19) and section 82 of the other Act are repealed.
(5) If subsections 77(7) to (11), (14), (15) and (19) and paragraph 82(a) of the other Act produce their effects on the day on which section 2 of this Act comes into force, then those subsections 77(7) to (11), (14), (15) and (19) and paragraph 82(a) are deemed to have produced their effects before that section 2 comes into force and subsection (2) applies as a consequence.
(6) If subsection 77(12) of the other Act produces its effects on the day on which section 2 of this Act comes into force, then that subsection 77(12) is deemed to have produced its effects before that section 2 comes into force and subsection (3) applies as a consequence.
(7) If paragraph 82(b) of the other Act produces its effects on the day on which section 2 of this Act comes into force, then that paragraph 82(b) is deemed to have produced its effects before that section 2 comes into force.
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