GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Public Complaints and Review Commission Act — P-27.5 44
Right to make representations 44 (1) 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: (a) the complainant; (b) the guardian, tutor, curator or mandatary — under a protection mandate — of the individual at whom the conduct was directed or a person who is appointed to act in a similar capacity on behalf of the individual; and (c) an individual who has written permission to make the representations from the individual at whom the conduct was directed. Union representatives (1.1) 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. Disclosure (2) 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. Use of representations (3) 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 .
Public Complaints and Review Commission Act — P-27.5 45
Duty to establish and maintain 45 (1) 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or for which they are provided notice under this Part, including those that are resolved informally and those that are withdrawn by the complainant. Making record available (2) 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).
Public Complaints and Review Commission Act — P-27.5 46
Restriction on power to investigate 46 (1) 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. Restriction on power to investigate — Agency (2) 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.
Public Complaints and Review Commission Act — P-27.5 47
Right to refuse or terminate investigation 47 (1) 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. Duty to refuse or terminate investigation (2) 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. Notice to complainant, legal representative and employee (3) 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. Additional information in notice to complainant and legal representative (4) 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. Notice to Commission (5) The Commissioner or President must notify the Commission of any action he or she takes under this section.
Public Complaints and Review Commission Act — P-27.5 48
Updates with respect to investigation 48 The Commissioner and the President must, on the regular basis provided for in service standards established under subsection 8 (1) or (2), as the case may be, notify in writing the complainant and their legal representative, if any, and the RCMP employee or CBSA employee, as the case may be, whose conduct is the subject matter of the complaint of the status of the investigation unless, in the Commissioner’s or President’s opinion, as the case may be, to do so might compromise or hinder any investigation that is being or may be carried out in respect of the complaint.
Public Complaints and Review Commission Act — P-27.5 49
Report 49 As soon as feasible after the investigation of a complaint is completed, the Commissioner or President, as the case may be, must prepare and send to the complainant and their legal representative, if any, the RCMP employee or CBSA employee, as the case may be, whose conduct is the subject matter of the complaint and the Commission a report setting out (a) a summary of the complaint; (b) the findings of the investigation; (c) a summary of any action that has been or will be taken with respect to the disposition of the complaint; and (d) the complainant’s right to refer the complaint to the Commission for review, within 60 days after the day on which the complainant receives the report, if the complainant is not satisfied with the disposition of the complaint.
Public Complaints and Review Commission Act — P-27.5 50
Powers 50 (1) The Commission may, in relation to a complaint before it, (a) in the same manner and to the same extent as a superior court of record, summon and enforce the attendance of witnesses before the Commission and compel them to give oral or written evidence on oath or solemn affirmation and to produce any documents and things that the Commission considers relevant for the full investigation, hearing and consideration of the complaint; (b) administer oaths and solemn affirmations; (c) receive and accept any evidence and other information, whether on oath or solemn affirmation or by affidavit or otherwise, that the Commission sees fit, whether or not that evidence or information is or would be admissible in a court of law; and (d) make any examination of records and any inquiries that the Commission considers necessary. No excuse (2) 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. Inadmissibility (3) 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 (a) a prosecution under section 132 or 136 of the Criminal Code ; or (b) a civil or administrative proceeding in respect of an allegation that, with intent to mislead, the witness gave the answer or statement knowing it to be false. Restriction (4) Despite subsection (1), the Commission must not receive or accept (a) any answer or statement made in response to a question described in subsection 24.1(7), 35(8), 40(2) or 45.1(5) of the Royal Canadian Mounted Police Act ; (b) any answer or statement made in response to a question described in subsection (2) in any investigation or hearing with respect to any other complaint; or (c) any answer or statement made in the course of attempting to dispose of a complaint under section 43 . Restriction (5) 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). Witness fees (6) 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.
Public Complaints and Review Commission Act — P-27.5 51
Complaints 51 (1) 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. Notice (2) 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.
Public Complaints and Review Commission Act — P-27.5 53
Right to discontinue investigation 53 (1) The Commission may decide to discontinue an investigation of a complaint if, in its opinion, (a) any of the reasons for which the Commission may refuse to deal with a complaint under paragraph 52(1)(a) or (b), or subsection 52(5) applies; or (b) having regard to all the circumstances, it is not necessary or reasonably practicable to continue to investigate the complaint. Duty to discontinue investigation (2) The Commission must discontinue an investigation of a complaint if, in its opinion, any of subsections 52(2) to (4) or (6) applies. Notice (3) 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. National security (4) 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. Notice to employee (5) 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).
Public Complaints and Review Commission Act — P-27.5 54
Merger of complaints 54 Subject to the regulations, the Commission may, if in its opinion it is appropriate to do so, merge two or more complaints, regardless of whether they are made under subsection 33 (1) or (2), for the purposes of an investigation, review or hearing.
Public Complaints and Review Commission Act — P-27.5 55
Updates with respect to investigation 55 The Commission must, on the regular basis provided for in the service standards established under subsection 8 (1) or (2), as the case may be, notify in writing the complainant and the RCMP employee or the CBSA employee, as the case may be, whose conduct is the subject matter of the complaint of the status of the investigation unless, in the Commission’s opinion, to do so might compromise or hinder any investigation that is being or may be carried out in respect of the complaint.
Public Complaints and Review Commission Act — P-27.5 56
Referral to Commission 56 (1) 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. Extension of time limit (2) 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. Material to be provided (3) If a complainant refers a complaint to the Commission under subsection (1), (a) the Commission must notify the Commissioner or President, as the case may be, that the complaint has been referred to the Commission; and (b) the Commissioner or President, as the case may be, must, within the prescribed time, provide the Commission with a copy of (i) the notice given under subsection 38 (3) or 47 (3) or the report sent under section 49 , and (ii) every other document relating to the complaint that the RCMP or the Agency provided to the complainant.
Public Complaints and Review Commission Act — P-27.5 57
Review by Commission 57 (1) Subject to section 52 , the Commission must review every complaint referred to it under section 56 . Commission satisfied (2) 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. Commission not satisfied (3) 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 (a) prepare and send to the Commissioner or President, as the case may be, a report in writing setting out any findings it sees fit with respect to the decision or report and any recommendations it sees fit with respect to the complaint; (b) request that the Commissioner direct the RCMP or that the President direct the Agency to investigate or further investigate the complaint; or (c) investigate or further investigate the complaint or institute a hearing to inquire into the complaint.
Public Complaints and Review Commission Act — P-27.5 58
Commissioner’s and President’s response 58 (1) 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. Commission’s final report (2) 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.
Public Complaints and Review Commission Act — P-27.5 59
urposes of this Part, privileged as if they were communications passing in professional confidence between the designated person and their legal counsel. Expenses (11) 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.
Public Complaints and Review Commission Act — P-27.5 60
Duty to suspend 60 (1) 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. Power to suspend (2) 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.
Public Complaints and Review Commission Act — P-27.5 61
Joint investigation, review or hearing — RCMP 61 If a complaint concerns the conduct of an RCMP employee and a law enforcement officer of any other jurisdiction, whether in or outside Canada, the Commission may conduct an investigation, review or hearing of that complaint jointly with the authority in that other jurisdiction that is responsible for investigations, reviews or hearings with respect to complaints against law enforcement officers.
Public Complaints and Review Commission Act — P-27.5 62
Joint investigation, review or hearing — Agency 62 If a complaint concerns the conduct of a CBSA employee and a law enforcement officer of any other jurisdiction in Canada, the Commission may conduct an investigation, review or hearing of that complaint jointly with the authority in that other jurisdiction that is responsible for investigations, reviews or hearings with respect to complaints against law enforcement officers.
Public Complaints and Review Commission Act — P-27.5 63
Joint investigations, reviews or hearings — detained persons 63 If a complaint 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 an investigation, review or hearing of that complaint jointly with any competent authority in the province where the persons are or were detained.
Public Complaints and Review Commission Act — P-27.5 64
Interim report 64 (1) 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. Commissioner’s or President’s response (2) 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. Commission’s final report (3) 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.
Public Complaints and Review Commission Act — P-27.5 65
Final and conclusive 65 All of the findings and recommendations that are contained in the Commission’s final report under subsection 58 (2) or 64 (3) are final and are not subject to appeal to or review by any court.
Public Complaints and Review Commission Act — P-27.5 66
Return of documents and things 66 Any document or thing that a person produced to the RCMP, the Agency or the Commission must, on the request of the person, be released to that person within a reasonable time after the completion of the Commission’s final report.
Public Complaints and Review Commission Act — P-27.5 67
Disciplinary process 67 (1) 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. Notice (2) 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.