P-27.5 Public Complaints and Review Commission Act

The following definitions apply in this Act.

Every person designated under subsection 9(2) of the Canada Border Services Agency Act is an officer or employee of the Canada Border Services Agency for the purposes of this Act and, when that person is exercising any power or performing any duty or function by reason of the designation, that person is deemed to be exercising a power or performing a duty or function under the Canada Border Services Agency Act.

For the purposes of subsections 33(1) and 36(1), the taking of, or the failure to take, a decision in relation to the level of any service provided by the RCMP by a person who, at the time the decision was taken, or not taken, as the case may be, was an RCMP employee is deemed to be conduct by the person in the performance of a duty or function under the Royal Canadian Mounted Police Act.

For greater certainty, nothing in subsection (3), 33(1) or 36(1) is to be construed as indicating that a provincial minister involved in the determination of the level of service provided by the RCMP in the province is acting as an RCMP employee.

For the purposes of subsections 33(2) and 36(2), the taking of, or the failure to take, a decision in relation to the level of any service provided by the Agency by a person who, at the time the decision was taken, or not taken, as the case may be, was an officer or employee of the Agency is deemed to be conduct by the person in the exercise of a power or the performance of a duty or function under the Canada Border Services Agency Act.

For the purposes of this Act, an employee of the Agency who assists or assisted the Agency in the exercise of any of its powers or the performance of any of its duties and functions under the Canada Border Services Agency Act is deemed to be exercising or to have exercised those powers or to be performing or to have performed those duties and functions.

The Public Complaints and Review Commission is established, consisting of a Chairperson, a Vice-chairperson and not more than three other members, appointed by the Governor in Council.

In making recommendations for appointments of members of the Commission, the Minister must seek to reflect the diversity of Canadian society and must take into account considerations such as gender equality and the overrepresentation of certain groups in the criminal justice system, including Indigenous peoples and Black persons.

A person is not eligible to be a member of the Commission, including the Chairperson or the Vice-chairperson, if that person

A member of the Commission is eligible for reappointment on the expiry of that member’s term of office.

The Chairperson is a full-time member of the Commission. The other members may be appointed as full-time or part-time members of the Commission.

Each member of the Commission holds office during good behaviour for a term of not more than five years but may be removed for cause at any time by the Governor in Council.

Members of the Commission are to be paid the remuneration that is to be determined by the Governor in Council.

Members of the Commission are entitled to be reimbursed, in accordance with Treasury Board directives, for the travel, living and other expenses incurred in connection with their work for the Commission while absent, in the case of full-time members, from their ordinary place of work or, in the case of part-time members, from their ordinary place of residence.

The full-time members of the Commission are deemed to be employed in the public service for the purposes of the Public Service Superannuation Act.

Members of the Commission are deemed to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act.

The Chairperson has the rank and all the power of a deputy head of a department and has supervision over and direction of the work and staff of the Commission.

The Chairperson presides at meetings of the Commission.

The Chairperson may delegate to the Vice-chairperson or, if the office of Vice-chairperson is vacant, to any other member of the Commission any of the Chairperson’s powers, duties and functions under this Act, except the power to delegate under this subsection and the powers, duties and functions under subsections 17(7), 25(2), 67(1) and 68(1).

In the event of the absence or incapacity of the Chairperson or if the office of Chairperson is vacant, the Vice-chairperson has all the powers, duties and functions of the Chairperson. In the event of the absence or incapacity of the Vice-chairperson or if the office of Vice-chairperson is vacant, the Minister may authorize another member of the Commission to exercise the powers and perform the duties and functions of the Chairperson, but a member of the Commission so authorized is not entitled to act as Chairperson for more than 90 days without the Governor in Council’s approval.

The head office of the Commission must be in the place in Canada that is designated by the Governor in Council or, if no place is designated, in the National Capital Region described in the schedule to the National Capital Act.

The Commission may establish an office in any region of Canada.

The officers and employees that are necessary for the proper conduct of the work of the Commission are to be appointed in accordance with the Public Service Employment Act.

The Commission may, with Treasury Board’s approval,

The Commission, the RCMP and union representatives of RCMP employees must jointly establish service standards respecting the time limits within which reviews under subsection 28(1) or section 29 are to be conducted and the time limits within which each of them is to deal with complaints made under this Act and specifying the circumstances under which those time limits do not apply or the circumstances under which they may be extended. The Commission must publish on its website those service standards that are related to communications with complainants.

The Commission, the Agency and union representatives for CBSA employees must jointly establish service standards respecting the time limits within which reviews under subsection 28(2) are to be conducted and the time limits within which each of them is to deal with complaints made under this Act, and specifying the circumstances under which those time limits do not apply or the circumstances under which they may be extended. The Commission must publish on its website those service standards that are related to communications with complainants.

Subject to the provisions of this Act and the regulations, the Commission may make rules respecting

A copy of each rule that the Commission proposes to make must be published in the Canada Gazette and a reasonable opportunity must be given to interested persons to make representations with respect to the proposed rule.

A proposed rule need not be published more than once, whether or not it has been amended as a result of any representations.

No criminal, civil or administrative action or proceeding lies against the members, officers or employees of the Commission, or any person acting on behalf or under the direction of the Commission, for anything done, reported or said in good faith in the exercise or purported exercise of any power, or the performance or purported performance of any duty or function, of the Commission or the Chairperson under this Act.

For the purposes of subsection (1), a person who is designated as an observer under subsection 45.83(3) of the Royal Canadian Mounted Police Act, including as a result of section 45.98 of that Act, or designated as an observer under section 14.5 of the Canada Border Services Agency Act is deemed to be acting on behalf or under the direction of the Commission in the exercise or purported exercise of a power, or the performance or purported performance of any duty or function, of the Commission.

A member, officer or employee of the Commission, or any person acting on behalf or under the direction of the Commission, is not a competent or compellable witness, in respect of any matter coming to the knowledge of the Commission or that person as a result of exercising a power or performing a duty or function of the Commission or the Chairperson, in any proceeding other than a prosecution for an offence under this Act, a prosecution for an offence under the Security of Information Act or a prosecution for an offence under section 132 or 136 of the Criminal Code.

The Commission may, on the request of the Minister or on its own initiative, provide the Minister with a special report, and a summary of the report, concerning any matter that relates to its powers, duties and functions under this Act.

The Minister must provide a copy of the report or summary to the Commissioner and the President on the same day as the Minister receives the report or summary.

The Commission must make the summary of the report public after at least 15 days have elapsed after the day on which the summary is provided to the Minister.

When the Commission provides the report to the Minister, section 21 and subsection 22(2) do not apply in respect of any information referred to in subsection 16(4), or privileged information, as defined in subsection 17(1), set out in the report.

The Chairperson must, within six months after March 31 each year, submit to the Minister a report of the activities of the Commission under this Act during that year, and its recommendations, if any. The Minister must cause a copy of the report to be tabled in each House of Parliament on any of the first 15 days on which that House is sitting after the day on which the Minister receives the report.

The report referred to in subsection (1) must

The Commission must, for each fiscal year and in respect of each province the government of which has entered into an arrangement with the Minister under section 20 of the Royal Canadian Mounted Police Act, 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 and how those complaints were disposed of, including those, if any, that were disposed of through the reconciliation process with Indigenous peoples, and identifying trends, if any. The Commission must submit a copy of that report to the Minister and the Commissioner.

The report must contain information respecting the Commission’s performance in relation to the service standards established under subsection 8(1).

The Commission must, when preparing a summary referred to in subsection 12(1) or 28(7), an annual report referred to in section 13, or a report referred to in subsection 57(2), 58(2) or 64(3), take the steps that it considers necessary to ensure that the report or summary does not contain

The information described in subsection (1) is any information that the Commission obtained — or is created from information that it obtained — under this Part.

Subject to sections 17 and 19, the Commission is entitled to have access to any information under the control, or in the possession, of the RCMP or the Agency that the Commission considers is relevant to the exercise of its powers, or the performance of its duties and functions, under this Part and Part 2.

If access is requested under subsection (1), the RCMP or the Agency, as the case may be, must comply with the request within the prescribed time following the day on which the request is made.

The entitlement to access includes the right to examine all or any part of a record and to be given a copy of all or any part of a record.

If the Commissioner or the President is of the opinion that the disclosure of any information referred to in subsection (1), other than privileged information, as defined in subsection 17(1), to any person or entity, other than a member, officer or employee of the Commission or a person acting on its behalf, gives rise to a risk of serious harm to a person, the Commissioner or President, as the case may be, must identify the information to the Commission when providing the Commission with access to the information.

Except as provided by any other Act of Parliament that expressly refers to this section, this section applies despite any other Act of Parliament.

In this section and sections 19 to 26, privileged information means information that is subject to any type of privilege or confidentiality that exists and may be claimed, including

Despite any privilege or confidentiality that exists and may be claimed in relation to any information, the Commission is entitled to have access to

The entitlement to access includes the right to examine all or any part of a record and, subject to the Commissioner’s or President’s approval, to be given a copy of all or any part of a record.

If the Commission is entitled to have access to information under subsection (2) that is under the control, or in the possession, of the RCMP or the Agency, the Commission may make a request to the Commissioner or President, as the case may be, that the information be provided to the Commission.

After the Commissioner or President receives the request, he or she must provide or cause to be provided to the Commission, within the prescribed time, the requested information to which it is entitled to have access under subsection (2).

If the Commissioner or President refuses access to privileged information sought by the Commission under this section, the Commissioner or President, as the case may be, must, without disclosing the privileged information,

The Chairperson, the Commissioner and the President, or the Chairperson and either of them, may enter into a memorandum of understanding setting out principles and procedures respecting access to information under subsection (2) and principles and procedures to protect that information.

The Chairperson must publish any memorandum of understanding entered into on the website of the Commission.

Except as provided by any other Act of Parliament that expressly refers to this section, this section, or any regulation made under paragraph 87(c), applies despite any other Act of Parliament.

For greater certainty, the disclosure to the Commission under this section of any information that is subject to solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege does not constitute a waiver of those privileges or that secrecy.

Despite section 17, the Commission is not entitled to have access to information under the control, or in the possession, of the RCMP or the Agency if the information reveals

Nothing in this Part authorizes a person to disclose to the Commission a confidence of the Queen’s Privy Council for Canada in respect of which subsection 39(1) of the Canada Evidence Act applies, and the Commission may not use the confidence if it is disclosed.

The Commission may, by regulation, establish measures to protect the information under its control or in its possession.

Subject to subsection 25(2), if the Commission obtains access to information referred to in subsection 16(4) or to privileged information from the RCMP or the Agency, a member, officer or employee of the Commission and any other person acting on its behalf must not distribute any report or other document that contains or discloses the information or any part of it without having first obtained the Commissioner’s or President’s approval, as the case may be.

The Commissioner or President must indicate whether he or she approves the distribution of a report or other document under subsection (2) as soon as feasible after being consulted under that subsection.

The Governor in Council may make regulations respecting measures to protect the information under the control, or in the possession, of the Commission.

In the event of a conflict or inconsistency between the regulations made under subsections (1) and (4), the regulations made under subsection (4) prevail to the extent of the conflict or inconsistency.

Subject to subsection (5), every member, employee and officer of the Commission and every person acting on its behalf must comply with the regulations made under subsections (1) and (4).

The Commission must not disclose information referred to in subsection 16(4) that it has received from the RCMP or Agency to any person or entity other than a member, employee or officer of the Commission or a person acting on its behalf unless the Chairperson is satisfied that

Every person who has received information under this section must comply with the regulations made under paragraph 87(b).

Except as authorized under subsection (2), a member, officer or employee of the Commission and any other person acting on its behalf must not provide information to any person, or allow any person to have access to information, knowing that the information is privileged information to which they had access under subsection 17(2) or being reckless as to whether the information is such information.

Every person who is otherwise prohibited under subsection (1) from disclosing privileged information may, if authorized by the Chairperson, disclose that information

A member, officer or employee of the Commission or other person acting on its behalf must not be required, in connection with any criminal, civil or administrative action or proceeding, to give or produce evidence relating to privileged information to which he or she had access under subsection 17(2).

Except as provided by any other Act of Parliament that expressly refers to it, this section applies despite any other Act of Parliament other than the Access to Information Act and the Privacy Act.

This section applies despite subsection 13(1) of the Auditor General Act and subsection 79.4(1) of the Parliament of Canada Act.

Despite any provision in the Royal Canadian Mounted Police Act or the Canada Border Services Agency Act, but subject to subsection (2), a member, officer or employee of the Commission, with the Chairperson’s approval, may, in the exercise of their powers or the performance of their duties and functions under this Act,

If the information is privileged information that was obtained from the RCMP or Agency, a member, officer or employee of the Commission and any person acting on its behalf must not use the information without having first given the Commissioner or President, as the case may be, an opportunity to make representations.

For the purpose of ensuring that the activities of the RCMP are carried out in accordance with the Royal Canadian Mounted Police Act or the Witness Protection Program Act, any regulations or ministerial directions made under them or any policy, procedure or guideline relating to the operation of the RCMP, the Commission may, on the request of the Minister or a third party or on its own initiative, conduct a review of specified activities of the RCMP and provide a report to the Minister and the Commissioner on the review.

For the purpose of ensuring that the activities of the Agency are carried out in accordance with the Canada Border Services Agency Act, any ministerial directions made under that Act and any policy, procedure or guideline relating to the operation of the Agency, the Commission may, on the request of the Minister or a third party or on its own initiative, conduct a review of specified activities of the Agency and provide a report to the Minister and the President on the review.

In order to conduct a review on its own initiative, the Commission must be satisfied that no other review or inquiry has been undertaken on substantially the same issue by a federal or provincial entity.

Before conducting a review on its own initiative, the Commission must give a notice to the Minister indicating that the Commission is satisfied that the condition referred to in subsection (3) has been met and setting out the rationale for conducting the review.

The Commission must include in the report any findings and recommendations that it sees fit regarding the adequacy, appropriateness, sufficiency or clarity of any policy, procedure or guideline relating to the operation of the RCMP or Agency, as the case may be.

The Commission may provide a copy of the report made under subsection (1) to the provincial minister who has the primary responsibility for policing in any province in respect of which there is an arrangement between the government of the province and the Minister under section 20 of the Royal Canadian Mounted Police Act.

The Commission must make public a summary of every report.

Before making the summary public, the Commission must give the Commissioner or President, as the case may be, an opportunity to submit comments on the findings and recommendations included in the report within 60 days after the day on which the report is received by him or her or any longer period that the Minister considers appropriate. The Commission must make public any comments that the Commissioner or President submits at the same time as it makes the summary public.

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 provincial minister who has the primary responsibility for policing in that province may ask the Minister to request that the Commission conduct a review of specified activities of the RCMP in that province.

If the Commission conducts a review under this section, it must provide the Minister, the provincial minister who asked for the review and the Commissioner 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.

The Commission must include in its report any findings and recommendations that the Commission sees fit regarding

The Commission does not have jurisdiction to conduct a review of an activity that is related to national security.

The Commission must refer any matter related to national security arising from a request for a review under subsection 28(1) or (2) or section 29 to the National Security and Intelligence Review Agency.

The Commission has, when conducting a review under subsection 28(1) or (2) or section 29, all of its powers under subsection 50(1).

Subsections 50(2) to (6) apply, with any necessary modifications, to the exercise of the powers by the Commission under subsection (1).

Any individual or third party may make a complaint concerning the conduct, in the performance of any duty or function under the Royal Canadian Mounted Police Act or the Witness Protection Program Act, of any person who, at the time that the conduct is alleged to have occurred, was an RCMP employee.

Any individual or third party may make a complaint concerning the conduct, in the exercise of any power of the Agency or the performance of any of its duties or functions under the Canada Border Services Agency Act, of any person who, at the time that the conduct is alleged to have occurred, was a CBSA employee.

The complaint must be made within two years after the day on which the conduct is alleged to have occurred or any longer period permitted under subsection (4) or (5).

The Commission or the Commissioner may extend the time limit for making a complaint under subsection (1) if the Commission or the Commissioner, as the case may be, is of the opinion that there are good reasons for doing so and that it is not contrary to the public interest.

The Commission or the President may extend the time limit for making a complaint under subsection (2) if the Commission or the President, as the case may be, is of the opinion that there are good reasons for doing so and that it is not contrary to the public interest.

If a complaint is made after the end of the two-year period following the day on which the conduct is alleged to have occurred and the Commissioner or President does not extend the time limit for the making of the complaint, he or she must so notify the complainant and their legal representative, if any, and the Commission and provide them with the reasons for not extending the time limit.

The Commission may extend the time limit for the making of a complaint, even if the Commissioner or the President did not extend it, if the Commission considers it appropriate to do so.

A complaint under subsection (1) must be made to

A complaint under subsection (2) must be made to

For the purposes of subsections (7) and (8), a complaint that is referred to the Commission under regulations made under subparagraph 87(o.1)(ii) is deemed to be a complaint made to the Commission.

As soon as feasible after a person or entity referred to in subsection (7) receives a complaint, the person or entity, as the case may be, must acknowledge the complaint in writing to the complainant and their legal representative, if any, and provide written notice of the complaint to

As soon as feasible after receiving a complaint under subsection (8),

The Commission, the RCMP and the Agency are authorized to acknowledge a complaint or otherwise deal with a complainant in a manner that does not reveal, or from which cannot be inferred, information concerning

If the Chairperson is satisfied that there are reasonable grounds to investigate the conduct, in the performance of any duty or function under the Royal Canadian Mounted Police Act or the Witness Protection Program Act, of any person who was an RCMP employee at the time that the conduct is alleged to have occurred, the Chairperson may initiate a complaint in relation to that conduct.

If the Chairperson is satisfied that there are reasonable grounds to investigate the conduct, in the exercise of any power of the Agency or the performance of any of its duties or functions under the Canada Border Services Agency Act, of any person who was a CBSA employee at the time that the conduct is alleged to have occurred, the Chairperson may initiate a complaint in relation to that conduct.

Unless the context otherwise requires, a reference in this Part to a complainant is, in relation to a complaint initiated under subsection (1) or (2), a reference to the Chairperson.

The Chairperson must notify the Minister and the Commissioner or President, as the case may be, of any complaint initiated under subsection (1) or (2).

As soon as feasible after being notified of a complaint under subsection (4), the Commissioner or President, as the case may be, must notify in writing the RCMP employee or the CBSA employee, as the case may be, whose conduct is the subject matter of the complaint of the substance of the complaint unless, in the Commissioner’s or President’s opinion, to do so might compromise or hinder any investigation that is being or may be carried out in respect of the complaint.

Subject to subsections (2) to (4) and sections 38, 46 and 47, the RCMP or Agency, as the case may be, must investigate, in accordance with the rules made under section 39, any complaint made under this Part.

The RCMP or Agency must not commence 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.

The RCMP must not commence an investigation of a complaint if, in its opinion, doing so would compromise or seriously hinder the investigation or prosecution of any offence.

The Agency must not commence 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.

The Commissioner may direct the RCMP — or the President may direct the Agency — not to commence an investigation of a complaint, other than a complaint initiated under subsection 36(1) or (2), if, in his or her opinion,

The Commissioner must direct the RCMP — or the President must direct the Agency — to not commence 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.

If the Commissioner directs the RCMP — or the President directs the Agency — to not commence 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.

If the RCMP or the Agency is directed to not commence 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.

The Commissioner or President must notify the Commission of any action he or she takes under this section.

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.

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.

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.

Despite the withdrawal of the complaint, the complaint may be the subject of an investigation, review or hearing conducted under this Part.

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

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.

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.

Despite the withdrawal of the complaint, the complaint may be the subject of an investigation, review or hearing conducted under this Part.

The President must ensure the protection and preservation of any evidence relating to a withdrawn complaint made under subsection 33(2).

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.

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

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.

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.

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:

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.

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.

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.

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.

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).

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.

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.

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.

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.

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.

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.

The Commissioner or President must notify the Commission of any action he or she takes under this section.

The Commission may, in relation to a complaint before it,

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.

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

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

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).

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.

Subject to section 52, after receiving or being notified of a complaint, the Commission must investigate the complaint or institute a hearing to inquire into it if the Chairperson is of the opinion that it would be in the public interest for the Commission to do so.

The Commission must notify the Minister and the Commissioner or President, as the case may be, of any investigation or hearing initiated under this section.

The Commission may refuse to deal with a complaint if, in its opinion,

The Commission must refuse to deal with a complaint concerning any decision under Part IV of the Royal Canadian Mounted Police Act.

The Commission must refuse to deal with a complaint made under subsection 33(1) by a member, as defined in subsection 2(1) of the Royal Canadian Mounted Police Act, or any other person appointed or employed under Part I of that Act 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 the Royal Canadian Mounted Police Act or any other Act of Parliament.

The Commission may refuse to deal with a complaint 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.

The Commission must refuse to deal with a complaint if, in its opinion, dealing with the complaint would compromise or seriously hinder

If the Commission refuses under any of subsections (2) to (6) to deal with a complaint, it must give notice in writing of the refusal and the reasons for it to the Commissioner or President, as the case may be, and the complainant. If the reason for the refusal is that 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 must identify that procedure.

The Commission must refuse to deal with a complaint if it concerns an activity that is closely related to national security and must refer it to the National Security and Intelligence Review Agency. The Commission must notify the Commissioner or President, or both, as the case may be, of the referral, and, after doing so, the complainant.

After receiving a notice under subsection (7) or (8), the Commissioner or President, as the case may be, must notify the RCMP employee or the CBSA employee, as the case may be, whose conduct is the subject matter of the complaint of the refusal to deal with the complaint and, if applicable, of the referral made under subsection (8).

The Commission may decide to discontinue an investigation of a complaint if, in its opinion,

The Commission must discontinue an investigation of a complaint if, in its opinion, any of subsections 52(2) to (4) or (6) applies.

If the Commission discontinues an investigation of a complaint under subsection (2), the Commission must give notice in writing of the discontinuance and the reasons for it to the complainant and to the Commissioner or President, as the case may be. If the reason for the discontinuance is that 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 must identify that procedure.

The Commission must discontinue an investigation of a complaint if subsection 52(8) applies and must refer the complaint to the National Security and Intelligence Review Agency. The Commission must notify the Commissioner or President, or both, as the case may be, of the referral, and, after doing so, the complainant.

After receiving the notice referred to in subsection (3) or (4), the Commissioner or President, as the case may be, must notify the RCMP employee or CBSA employee, as the case may be, whose conduct is the subject matter of the complaint of the discontinuance of the investigation of the complaint and, if applicable, of the referral made under subsection (4).

A complainant who is not satisfied with a decision under section 38 or 47 or a report under section 49 may, within 60 days after the day on which they are notified of the decision or receive the report, refer the complaint in writing to the Commission for review.

The Commission may extend the time limit for referring a complaint to the Commission for review if it is of the opinion that there are good reasons for doing so and that it is not contrary to the public interest.

If a complainant refers a complaint to the Commission under subsection (1),

Subject to section 52, the Commission must review every complaint referred to it under section 56.

If, after reviewing a complaint, the Commission is satisfied with the Commissioner’s or President’s decision or report, the Commission must prepare and send a report in writing to that effect to 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. The report must also contain prescribed information.

If, after reviewing a complaint, the Commission is not satisfied with the Commissioner’s or President’s decision or report or considers that further inquiry is warranted, the Commission may

The Commissioner or President must, within six months after the day on which he or she receives a report referred to in paragraph 57(3)(a), provide the Commission 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, he or she must include in the response the reasons for not so acting.

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 the Commission sees fit and must, as soon as feasible, 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.

If the Commission decides, under section 51 or paragraph 57(3)(c), to institute a hearing to inquire into a complaint, the Chairperson must assign one or more members of the Commission to conduct the hearing and must send a notice in writing of the decision 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.

For the purposes of this section, the member or members of the Commission who are conducting the hearing are deemed to be the Commission.

In this section, party means

The Commission must serve the parties with a notice in writing of the time and place set for the hearing.

The Commission may sit at any place in Canada and at any time that it may fix, taking into account the convenience of the parties who wish to appear before the Commission.

A hearing to inquire into a complaint must be held in public but the Commission, on its own initiative or at the request of any party or witness, may order a hearing or any part of a hearing to be held in camera or ex parte if it is of the opinion

The parties and the union representatives for the RCMP employee or CBSA employee, as the case may be, whose conduct is the subject matter of the complaint, and any other person who satisfies the Commission that they have a substantial and direct interest in a complaint before the Commission, must be allowed an opportunity, in person or by legal counsel, to present evidence, cross-examine witnesses and make representations at the hearing.

The Commission must permit any person who gives evidence at a hearing to be represented by legal counsel.

The person designated by the Commissioner or President, as the case may be, for the purposes of this Part may be represented or assisted at a hearing by any other person.

If the designated person referred to in subsection (9) is represented or assisted by another person, communications passing in confidence between them in relation to the hearing are, for the purposes of this Part, privileged as if they were communications passing in professional confidence between the designated person and their legal counsel.

If the Commission sits at a place in Canada that is not the ordinary place of residence of the complainant, of the RCMP employee or CBSA employee, as the case may be, whose conduct is the subject matter of the complaint or of the legal counsel of any of those persons, then that person or their legal counsel is entitled, at the discretion of the Commission, to receive, in accordance with Treasury Board directives, the travel and living expenses incurred by that person or their legal counsel in appearing before the Commission.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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 copy of the report must be provided to the Chairperson.

The following definitions apply in this Part.

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.

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.

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.

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.

The Commission must include in its report any findings and recommendations that the Commission sees fit regarding

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.

Every report must contain information respecting the Commission’s performance in relation to the service standards established under subsection 8(1).

Sections 33 to 66, other than subsection 44(2) and sections 39 and 61, apply in this Part with the following modifications and the modifications that the circumstances require:

Representations referred to in subsection 44(1), including any personal information contained in them, that are received by the Commission under this Part in relation to the complaint must be disclosed as soon as feasible to the Central Authority. The Central Authority may share those representations with the following persons, but only for the purpose of any disciplinary action that may be taken against the designated officer whose conduct is the subject matter of the complaint:

Every person commits an offence punishable on summary conviction who

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.

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.

A person must not

Every person who contravenes subsection (1) commits an offence and is

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.

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.

The following definitions apply in this section.

The persons who hold office as Chairperson, Vice-chairperson or member of the former Commission immediately before the day on which subsection 3(1) comes into force continue in office as the Chairperson, Vice-chairperson or member, respectively, of the new Commission for the remainder of the terms for which they were appointed.

Nothing in this Act is to be construed as affecting the status of an employee, as defined in subsection 2(1) of the Public Service Employment Act, who, immediately before the day on which this section comes into force, occupied a position in the former Commission, except that the employee, as of that day, occupies their position in the new Commission.

Any amount appropriated, for the fiscal year in which this section comes into force, by an appropriation Act based on the Estimates for that year for defraying the charges and expenses of the former Commission that, on the day on which this section comes into force, is unexpended is deemed, on that day, to be an amount appropriated for defraying the charges and expenses of the new Commission.

All rights and property of the former Commission and all obligations and liabilities of the former Commission are deemed to be rights, property, obligations and liabilities of the new Commission.

Every reference to the former Commission in any document executed or signed by the former Commission in its own name is to be read as a reference to the new Commission, unless the context requires otherwise.

Any action, suit or other legal or administrative proceeding to which the former Commission is a party that is pending immediately before the day on the day on which this section comes into force may be continued by or against the new Commission in the same manner and to the same extent as it would have been continued by or against the former Commission.

Any request made under section 45.34, 45.35 or 45.51 of the Royal Canadian Mounted Police Act, as that section read immediately before the day on which section 28 of this Act comes into force, for which the former Commission has not provided the Minister with a report before that day is deemed to be a request made under section 12, 28 or 29, as the case may be, of this Act.

Any complaint made under section 45.53 or 45.59 of the Royal Canadian Mounted Police Act as they read immediately before the day on which section 33 of this Act comes into force that has not been disposed of or resolved by the former Commission before that day may be disposed of or resolved by the new Commission in accordance with the provisions of this Act.

Complaints may be made under sections 33 and 36 regardless of whether the conduct to which they relate occurred before, on or after the day on which each of those sections comes into force.

Sections 67 and 68 apply only in respect of complaints made under sections 33 and 36 on or after the day on which each of those sections comes into force.