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

Marginal note:Copy of report to provincial ministers

76 The Commission may provide a copy of any report referred to in section 28 that is prepared under this Part to the provincial minister who has the primary responsibility for policing in any province in which integrated cross-border operations may be carried out.

Marginal note:Review for province

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  77 (1) 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.

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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 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.

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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 integrated cross-border operations are carried out in accordance with the Integrated Cross-border Law Enforcement Operations Act, any regulations or ministerial directions made under that Act or any policy, procedure or guideline relating to those operations; and

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

Marginal note:Annual report — provinces

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  78 (1) 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.

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  Marginal note:Performance in relation to time limits

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

Marginal note:Application of certain provisions

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  79 (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:

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    (a) a reference to the Commissioner is to be read as a reference to the Central Authority;

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    (b) a reference to a person who is an RCMP employee whose conduct is the subject matter of the complaint is to be read as a reference to a designated officer whose conduct is the subject matter of the complaint;

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    (c) a reference to a person who is an RCMP employee, other than in paragraph 33(7)(b), is to be read as a reference to a designated officer;

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    (d) a reference to Part IV of the Royal Canadian Mounted Police Act in subsection 52(2) is to be read as a reference to Part IV of that Act or to the law of a province, of the United States or of a state of the United States that is comparable to that Part of that Act;

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    (e) a reference to the RCMP, other than in subsection 33(11), section 37, subsections 47(1) to (4), paragraph 57(3)(b) and section 66, is to be read as a reference to the Central Authority;

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    (f) a reference to the RCMP in section 37, subsections 47(1) to (4) and paragraph 57(3)(b) is to be read as a reference to the person or persons designated by the Central Authority to deal with a complaint;

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    (g) a reference to the RCMP in subsection 33(11) and section 66 is to be read as a reference to the Central Authority and to the person or persons designated by the Central Authority to deal with a complaint;

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    (h) a reference to an RCMP employee in subsection 44(1) or to a member in subsection 50(6) is to be read as a reference to a designated officer; and

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    (i) a reference to the Royal Canadian Mounted Police Act or the Witness Protection Program Act in subsections 33(1) and 36(1) is to be read as a reference to the Integrated Cross-border Law Enforcement Operations Act.

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  Marginal note:Disclosure and use for disciplinary purposes

  (2) 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:

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    (a) any person who the Central Authority considers to be an appropriate person to take that disciplinary action, if that designated officer was appointed under subsection 7(1) of the Integrated Cross-border Law Enforcement Operations Act; or

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    (b) the person designated as the Central Authority for the United States for the purpose of implementing the Agreement, as defined in section 2 of that Act, if that designated officer was appointed under subsection 8(1) of that Act.

Marginal note:Joint investigations, etc.

80 If a complaint concerns the conduct of a designated officer, the Commission may conduct an investigation, review or hearing of that complaint jointly with an authority that is responsible for investigations, reviews or hearings with respect to complaints from the public against law enforcement officers in any relevant jurisdiction, whether in or outside Canada.

Marginal note:Rules

81 The Central Authority may make rules respecting the procedures to be followed by the Central Authority, or by any person or persons designated by the Central Authority to deal with a complaint, in investigating, disposing of or otherwise dealing with complaints made under this Part.

Marginal note:Final reports

82 The Chairperson of the Commission must send any report referred to in subsection 58(2) or 64(3) that is prepared under this Part to the provincial minister who has the primary responsibility for policing in any province in which the integrated cross-border operation was carried out.

Marginal note:Delegation

83 The Commissioner may delegate to any member, as defined in subsection 2(1) of the Royal Canadian Mounted Police Act, subject to any terms and conditions that the Commissioner directs, any of the Commissioner’s powers, duties or functions under this Act, except the power to delegate under this section, the power to make rules under this Act and the power to enter into a memorandum of understanding under subsection 17(7).

Marginal note:No effect

84 The making of a complaint under subsection 33(1) or (2) or section 36, the investigation into a complaint made under any of those provisions or the review of a complaint under section 57 is not to

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  (a) delay any investigation of an offence under an Act of Parliament or of the legislature of a province or prevent any such investigation from commencing;

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  (b) delay any action taken under any program legislation or prevent any such action from being taken;

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  (c) delay any removal proceedings or prevent the enforcement of any removal order;

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  (d) delay any extradition proceedings or prevent the extradition of any individual to or from Canada; or

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  (e) permit any individual to enter Canada or to remain in Canada beyond the end of the period for which they are authorized to so remain.

Marginal note:Cooperation

85 The Commission and the National Security and Intelligence Review Agency are to take all reasonable steps to cooperate with each other to avoid any unnecessary duplication of work by them in relation to the fulfilment of their respective mandates.

Marginal note:Right to be informed

86 Every person who is arrested or detained by an officer or employee of the Canada Border Services Agency has a right to be informed, as soon as feasible, of their right to make a complaint under Part 2 and of how the complaint may be made and, if the person is subsequently detained on behalf of the Agency under an agreement or arrangement referred to in subsection 13(3) of the Canada Border Services Agency Act, a right to be informed, as soon as feasible, of their right to make a complaint to the competent authority in the province where they are detained about their treatment while under detention and their conditions of detention, and of how the complaint may be made.

Marginal note:Regulations

87 The Governor in Council may make regulations for carrying out the purposes and provisions of this Act, including regulations

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  (a) respecting the establishment of service standards under section 8;

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  (b) respecting the disclosure by the Commission of information to persons or entities other than a member, employee or officer of the Commission or a person acting on its behalf and the measures that the persons or entities receiving the information are to take to protect the information;

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  (c) respecting procedures that govern the Commission’s access to privileged information under section 17;

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  (d) respecting the use of information under subsection 26(1);

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  (e) respecting reviews conducted jointly under section 30, including regulations respecting the entering into of agreements or arrangements — and the sharing of information — between the Commission and any competent authority referred to in that section for the purpose of the joint reviews;

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  (f) respecting, for the purpose of subsections 40(5) and 41(5), the period during which evidence is to be protected and preserved;

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  (g) prescribing the categories of complaints that are not to be resolved informally by the Commissioner or President under section 43;

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  (h) respecting the making of representations under subsection 44(1);

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  (i) respecting, for the purpose of section 54, the merger of complaints;

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  (j) respecting investigations, reviews or hearings conducted jointly under section 61 or 62;

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  (k) respecting investigations, reviews or hearings conducted jointly under section 63, including regulations respecting the entering into of agreements or arrangements — and the sharing of information — between the Commission and any competent authority referred to in that section for the purpose of joint investigations, reviews or hearings;

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  (l) respecting notices under subsections 67(1) and 68(1);

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  (m) respecting conduct for the purposes of subsection 68(1);

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  (n) defining “serious injury” for the purposes of subsection 68(1);

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  (o) respecting investigations, reviews or hearings conducted jointly under section 80;

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  (o.1) respecting

  • (i) sharing of information and cooperation between the Commission and the National Security and Intelligence Review Agency or between the Commission and any other prescribed federal entity,

  • (ii) referral of complaints by the Commission to the National Security and Intelligence Review Agency or any other prescribed federal entity or referral of complaints by the National Security and Intelligence Review Agency or any other prescribed federal entity to the Commission, and

  • (iii) proceedings conducted jointly by the Commission and the National Security and Intelligence Review Agency or by the Commission and any other prescribed federal entity; and

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  (p) prescribing anything that by this Act is to be prescribed by regulation.

Marginal note:Attendance of witnesses, etc.

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  88 (1) Every person commits an offence punishable on summary conviction who

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    (a) on being duly summoned as a witness or otherwise under this Act, fails to attend;

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    (b) being in attendance as a witness in any proceeding,

    • (i) refuses to take an oath or solemn affirmation required of them,

    • (ii) refuses to produce any document or thing in their possession or under their control that is required to be produced by them, or

    • (iii) refuses to answer any question;

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    (c) at any proceeding uses insulting or threatening language or causes any interference or disturbance; or

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    (d) without lawful justification or excuse, prints or publishes observations or uses words in relation to an ongoing proceeding with intent to dissuade a witness in any proceeding from testifying.

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  Marginal note:Exception

  (2) 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.

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  Marginal note:Punishment

  (3) 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.