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

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.

Marginal note:Withdrawal — subsection 33(1)

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  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.

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  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after the Commission or the Commissioner receives a notice that a complaint made under subsection 33(1) has been withdrawn under subsection (1), he or she must give written notice of the withdrawal to the other.

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  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notify in writing the RCMP employee whose conduct is the subject matter of the complaint that the complaint has been withdrawn.

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  Marginal note:Investigation or hearing into withdrawn complaint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.

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  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  (5) The Commissioner must ensure the protection and preservation of any evidence relating to a withdrawn complaint made under subsection 33(1).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)

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  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.

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  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feasible after the Commission or the President receives a notice that a complaint made under subsection 33(2) has been withdrawn under subsection (1), he or she must give written notice of the withdrawal to the other.

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  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.

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  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.

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  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.

Marginal note:Informal resolution

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  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.

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  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

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    (a) a prosecution under section 132 or 136 of the Criminal Code; or

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    (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.

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  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.

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  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.

Marginal note:Right to make representations

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  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:

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    (a) the complainant;

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    (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

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    (c) an individual who has written permission to make the representations from the individual at whom the conduct was directed.

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  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.

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  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.

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  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.

Marginal note:Duty to establish and maintain

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  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.

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  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).

Marginal note:Restriction on power to investigate

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  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.

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  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

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  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.

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  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.

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  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.

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  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.

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  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: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

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  (a) a summary of the complaint;

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  (b) the findings of the investigation;

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  (c) a summary of any action that has been or will be taken with respect to the disposition of the complaint; and

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  (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.

Marginal note:Powers

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  50 (1) The Commission may, in relation to a complaint before it,

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    (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;

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    (b) administer oaths and solemn affirmations;

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    (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

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    (d) make any examination of records and any inquiries that the Commission considers necessary.

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  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.

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  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

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    (a) a prosecution under section 132 or 136 of the Criminal Code; or

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    (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.

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  Marginal note:Restriction

  (4) Despite subsection (1), the Commission must not receive or accept

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    (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;

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    (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

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    (c) any answer or statement made in the course of attempting to dispose of a complaint under section 43.

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  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).

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  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.