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

Marginal note:Review for province

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  29 (1) 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.

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  Marginal note:Report

  (2) 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.

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  Marginal note:Findings and recommendations

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

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    (a) whether 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; and

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    (b) the adequacy, appropriateness, sufficiency or clarity of any policy, procedure or guideline relating to the operation of the RCMP.

Marginal note:Joint reviews

30 If a review conducted under subsection 28(2) concerns the detention of persons on behalf of the Agency under an agreement or arrangement referred to in subsection 13(3) of the Canada Border Services Agency Act, the Commission may conduct that review jointly with any competent authority in the province where the persons are or were detained.

Marginal note:National security

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

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  Marginal note:Referral

  (2) 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.

Marginal note:Powers

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

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  Marginal note:Application

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

Marginal note:Complaints

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  33 (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.

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  Marginal note:Complaints

  (2) 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.

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  Marginal note:Time limit

  (3) 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).

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  Marginal note:Extension of time limit — subsection (1)

  (4) 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.

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  Marginal note:Extension of time limit — subsection (2)

  (5) 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.

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  Marginal note:Notice

  (6) 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.

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  Marginal note:Extension of time limit — Commission

  (6.1) 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.

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  Marginal note:Receipt of complaint — subsection (1)

  (7) A complaint under subsection (1) must be made to

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    (a) the Commission;

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    (b) a member, as defined in subsection 2(1) of the Royal Canadian Mounted Police Act, or other person employed under Part I of that Act; or

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    (c) the provincial authority that is responsible for the receipt of complaints against police in the province in which the subject matter of the complaint arose.

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  Marginal note:Receipt of complaint — subsection (2)

  (8) A complaint under subsection (2) must be made to

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    (a) the Commission; or

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    (b) the Agency.

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  Marginal note:Deeming

  (8.1) 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.

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  Marginal note:Acknowledgement and notification — subsection (7)

  (9) 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

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    (a) if the complaint was received by the Commission, the Commissioner and the provincial authority referred to in paragraph (7)(c);

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    (b) if the complaint was received by a person referred to in paragraph (7)(b), the Commission, the Commissioner and the provincial authority referred to in paragraph (7)(c); or

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    (c) if the complaint was received by the provincial authority referred to in paragraph (7)(c), the Commissioner and the Commission.

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  Marginal note:Acknowledgement and notification — subsection (8)

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

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    (a) the Commission must acknowledge the complaint in writing to the complainant and their legal representative, if any, and provide written notice of the complaint to the President; or

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    (b) the Agency must acknowledge the complaint in writing to the complainant and their legal representative, if any, and provide written notice of the complaint to the Commission.

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  Marginal note:Covert operations

  (11) 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

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    (a) whether a place, person, agency, group, body or other entity was, is or is intended to be the object of a covert investigation or a covert collection of information or intelligence; or

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    (b) the identity of any person who is, has been or is intended to be engaged in a covert collection of information or intelligence.

Marginal note:Notice

34 As soon as feasible after being notified of a complaint, the Commissioner or President, as the case may be, must notify in writing the RCMP employee or 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.

Marginal note:Assistance

35 The Commission must, on the request of an individual or third party that wishes to make a complaint, arrange for the provision of assistance to that individual or organization in making the complaint.

Marginal note:Non-disclosure agreement

35.1 Complaints made under this Act shall not be subject to a non-disclosure agreement.

Marginal note:Complaints initiated by Chairperson

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  36 (1) 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.

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  Marginal note:Complaints initiated by Chairperson

  (2) 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.

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  Marginal note:Chairperson is complainant

  (3) 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.

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  Marginal note:Notice

  (4) 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).

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  Marginal note:Notice to employee

  (5) 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.

Marginal note:Investigation by RCMP or Agency

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  37 (1) 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.

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  Marginal note:Restriction on power to investigate

  (2) 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.

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  Marginal note:Restriction on power to investigate — RCMP

  (3) 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.

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  Marginal note:Restriction on power to investigate — Agency

  (4) 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.

Marginal note:Right to refuse investigation

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  38 (1) 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,

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    (a) the complaint is trivial, frivolous, vexatious or made in bad faith;

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    (b) the complaint is from an individual who

    • (i) is not the individual at whom the conduct was directed,

    • (ii) is neither the guardian, tutor, curator or mandatary — under a protection mandate — of the individual at whom the conduct was directed nor a person who is appointed to act in a similar capacity on behalf of the individual,

    • (iii) did not see or hear the conduct or its effects as a result of not being physically present at the time when and the place where the conduct or its effects occurred,

    • (iv) has not been given written permission to make the complaint from the individual at whom the conduct was directed, or

    • (v) has not suffered loss, damage, distress, danger or inconvenience as a result of the conduct;

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    (b.1) the complaint is from a third party that is not directly concerned by the subject matter of the complaint;

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    (c) the complaint concerns a decision under Part IV of the Royal Canadian Mounted Police Act;

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    (d) the complaint relates to a disciplinary measure taken, or not taken, by the President; or

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    (e) having regard to all the circumstances, it is not necessary or reasonably practicable to commence an investigation of the complaint.

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  Marginal note:Duty to refuse investigation

  (2) 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.

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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 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.

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  Marginal note:Additional information in notice to complainant and legal representative

  (4) 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.

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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.