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

Marginal note:Offences — harassment, obstruction, destroying documents etc.

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  89 (1) A person must not

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    (a) harass, intimidate or threaten any person with the intent to compel that other person to abstain from making a complaint under Part 2 or 3;

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    (b) harass, intimidate or threaten

    • (i) an individual who makes a complaint under Part 2 or 3,

    • (ii) an individual at whom the conduct that is the subject of a complaint made under either of those Parts was directed,

    • (iii) a person whom the person has reasonable grounds to believe will be questioned or summoned by the Commission when it deals with a complaint made under either of those Parts, or

    • (iv) a person who is exercising any power or performing any duty or function under any of Parts 1 to 3;

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    (c) wilfully obstruct a person who is exercising any power or performing any duty or function under any of Parts 1 to 3, or knowingly make any false or misleading statement or knowingly provide false or misleading information to that person;

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    (d) destroy, mutilate, alter, falsify or conceal a document or thing, or make a false document or thing, knowing that the document or thing is likely to be relevant to an investigation of, or hearing to inquire into, a complaint made under Part 2 or 3 or to a review under either of those Parts; or

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    (e) direct, counsel or cause, in any manner, any person to do anything mentioned in any of paragraphs (a) to (d), or propose, in any manner, to any person that they do anything mentioned in any of those paragraphs.

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  Marginal note:Punishment

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

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    (a) guilty of an indictable offence and liable to imprisonment for a term of not more than five years; or

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    (b) 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.

Marginal note:Offence — failure to comply

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  90 (1) 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.

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  Marginal note:Defence

  (2) 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.

Marginal note:Offence to disclose certain information

91 Every person who contravenes subsection 25(1) is

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  (a) guilty of an indictable offence and liable to imprisonment for a term of not more than five years; or

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  (b) 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.

Marginal note:Limitation period

92 Summary conviction proceedings in respect of an offence under this Part may be instituted at any time within but not later than two years after the time when the subject matter of the proceedings arose.

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Marginal note:Definitions

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  113 (1) The following definitions apply in this section.

  former Commission

  former Commission means the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police established by subsection 45.29(1) of the Royal Canadian Mounted Police Act. (ancienne Commission)

  new Commission

  new Commission means the Commission. (nouvelle Commission)

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  Marginal note:Members of former Commission

  (2) 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.

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  Marginal note:Employees

  (3) 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.

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  Marginal note:Transfer of appropriations

  (4) 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.

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  Marginal note:Rights and obligations transferred

  (5) 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.

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  Marginal note:References

  (6) 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.

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  Marginal note:Continuation of proceedings

  (7) 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.

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  Marginal note:Requests

  (8) 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.

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  Marginal note:Complaints

  (9) 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.

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  Marginal note:Conduct

  (10) 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.

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  Marginal note:Applications of sections 67 and 68

  (11) 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.

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