Public Servants Disclosure Protection Act

Marginal note:Refusal to deal with complaint

• 19.3 (1) The Commissioner may refuse to deal with a complaint if he or she is of the opinion that

  • (a) the subject-matter of the complaint has been adequately dealt with, or could more appropriately be dealt with, according to a procedure provided for under an Act of Parliament, other than this Act, or a collective agreement;

  • (b) if the complainant is a member or former member of the Royal Canadian Mounted Police, the subject-matter of the complaint has been adequately dealt with by the procedures referred to in subsection 19.1(5);

  • (c) the complaint is beyond the jurisdiction of the Commissioner; or

  • (d) the complaint was not made in good faith.

• Marginal note:Restriction

  (2) The Commissioner may not deal with a complaint if a person or body acting under another Act of Parliament or a collective agreement is dealing with the subject-matter of the complaint other than as a law enforcement authority.

• Marginal note:Royal Canadian Mounted Police Act

  (3) For the purpose of subsection (2), a person or body dealing with a matter in the course of an investigation or proceeding under the Royal Canadian Mounted Police Act is deemed not to be dealing with the matter as a law enforcement authority.

• Marginal note:No jurisdiction

  (4) The Commissioner ceases to have jurisdiction to deal with a complaint filed by a member or former member of the Royal Canadian Mounted Police if an application for judicial review of any decision relating to the procedures referred to in subsection 19.1(5) is made by the member.