Canada Border Services Agency Act — C-1.4 111
111 The Act is amended by adding the following after section 14: Serious Incidents Definitions 14.1 (1) The following definitions apply in this section and sections 14.2 to 14.9. employee , in relation to the Agency, includes any person who assists the Agency in the exercise of any of its powers or the performance of any of its duties and functions under this Act. ( employé ) serious incident means an incident in which the actions of an officer or employee of the Agency in the exercise of its powers or the performance of its duties and functions under this Act (a) may have resulted in serious injury to or the death of any person; or (b) may have constituted an offence under federal or provincial law that the Minister or the President decides would be in the public interest to be investigated by the Agency. ( incident grave ) serious injury means a prescribed physical or psychological injury. ( blessure grave ) Regulations (2) The Governor in Council may make regulations prescribing physical or psychological injuries for the purposes of the definition serious injury in subsection (1). Notification 14.2 As soon as feasible after becoming aware that a serious incident is alleged to have occurred, the President shall notify the police force that has jurisdiction at the location where it is alleged to have occurred and the Commission of the alleged serious incident. Investigation 14.3 (1) Subject to subsection (2), as soon as feasible after the President becomes aware that a serious incident is alleged to have occurred, the Agency shall investigate the alleged serious incident. Limit on investigation (2) If the alleged serious incident involves the actions of one or more persons, the Agency shall not, in the investigation, investigate the actions of any person who assists the Agency in the exercise of any of its powers or the performance of any of its duties and functions under this Act by reason only of an agreement or arrangement referred to in subsection 13(3). Copy of records 14.4 As soon as feasible after completing the investigation, the President shall provide the Commission with a copy of any records in its possession relating to the investigation. The President shall also provide the Commission with a copy of any record in respect of every other lawfully authorized investigation conducted into the alleged serious incident that the Agency receives after the completion of its own investigation. Observer 14.5 (1) The Agency shall permit an observer appointed by the Commission under subsection (2) to assess the impartiality of the investigation. Appointment of observer (2) The Commission may appoint an observer to assess the impartiality of the investigation. Observers are compellable (3) Despite subsection 11(3) of the Public Complaints and Review Commission Act , but subject to section 14.8(1), every observer is a compellable witness in every criminal, civil or administrative action or proceeding, or inquiry, in respect of any matter coming to the knowledge of the observer as a result of exercising a power or performing a duty or function under this Part. No observer appointed (4) If no observer is appointed to an investigation of a serious incident under subsection (2), the President shall provide the Chairperson of the Commission with a report that sets out all measures that have been or will be taken by the Agency to ensure the impartiality of the investigation. Recommendations 14.6 If the observer has concerns with the impartiality of the investigation, the observer may inform the Agency of their concerns and may make any recommendations to the Agency that they consider appropriate to address those concerns. Report 14.7 (1) The observer shall, in accordance with the regulations, provide a report respecting the impartiality of the investigation of a serious incident to the Chairperson of the Commission and the President. Response (2) If the observer’s report identifies concerns with respect to the impartiality of an inves