GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Public Complaints and Review Commission Act — P-27.5 68
Disciplinary measure 68 (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 the Commissioner or President impose a disciplinary measure that the Commissioner or President considers appropriate in the circumstances on any member, person, officer or employee referred to in subsection 67 (1), if one has not already been imposed, if the member, person, officer or employee has been the subject of more than one complaint under this Act that resulted in a finding by the Commission that conduct on the part of the member, person, officer or employee resulted or may have resulted in serious injury, as defined in the regulations, to, or the death of, any person or may have constituted an offence under federal or provincial law. 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 measure was imposed or provide the Minister with a justification as to why such a measure was not imposed. The Commissioner or President, as the case may be, must provide a copy of the notice to the Chairperson.
Public Complaints and Review Commission Act — P-27.5 69
Factors 69 The Chairperson must, in determining whether to make a recommendation under section 67 or 68 , take into account the prescribed factors.
Public Complaints and Review Commission Act — P-27.5 70
Use of information 70 For the purposes of making a recommendation under section 67 that a disciplinary process be initiated in relation to, or a recommendation under section 68 that a disciplinary measure be imposed on, a member, person, officer or employee, the Chairperson may use information, including personal information and privileged information as defined in subsection 17(1), collected or used in relation to an investigation of, a hearing into or a review of a complaint under this Act relating to that member, person, officer or employee.
Public Complaints and Review Commission Act — P-27.5 71
Safeguards 71 Nothing in section 67 or 68 is to be construed as (a) affecting the powers and rights of the Commissioner or President; (b) authorizing the Commissioner or President to initiate any process or to impose any measure that he or she, as the case may be, is not otherwise authorized to initiate or impose; (c) preventing the application of any applicable law or collective agreement; (d) authorizing the commencement of any process in relation to any conduct if such a process has already commenced; (e) authorizing the imposition of any measure in relation to any conduct if a measure has already been imposed in relation to the conduct or a process in relation to the conduct has ended; or (f) authorizing the collection or use of information other than information collected or used in relation to an investigation of, a hearing into or a review of a complaint under this Act.
Public Complaints and Review Commission Act — P-27.5 72
Reports respecting action taken 72 (1) The Commissioner and the President must, within three months after the end of each fiscal year, submit to the Minister a report in respect of the actions taken in that fiscal year by the Commissioner or President, as the case may be, (a) in response to recommendations set out in reports submitted to them under this Act; and (b) in relation to notices sent to them under section 67 and 68 . Copy (2) A copy of the report must be provided to the Chairperson.
Public Complaints and Review Commission Act — P-27.5 73
Definitions 73 (1) The following definitions apply in this Part. Central Authority means the Central Authority for Canada, as designated under section 5 of the Integrated Cross-border Law Enforcement Operations Act . ( autorité centrale ) designated officer has the same meaning as in section 2 of the Integrated Cross-border Law Enforcement Operations Act . ( agent désigné ) integrated cross-border operation has the same meaning as in section 2 of the Integrated Cross-border Law Enforcement Operations Act . ( opération transfrontalière intégrée ) Clarification — this Part (2) For greater certainty, for the purposes of sections 75 to 82 , when, in any provision that applies in this Part as a result of section 75 or subsection 79 (1), there is a reference to any provision that applies in this Part as a result of section 75 , or subsection 79 (1), the reference is to be read as a reference to the provision as modified by section 75 or subsection 79 (1), as the case may be. Clarification — sections 90 and 91 (3) For greater certainty, a reference in section 90 or 91 to any provision that applies in this Part as a result of section 75 is also to be read as a reference to that provision as modified by section 75 .
Public Complaints and Review Commission Act — P-27.5
Central Authority means the Central Authority for Canada, as designated under section 5 of the Integrated Cross-border Law Enforcement Operations Act . ( autorité centrale )
Public Complaints and Review Commission Act — P-27.5
designated officer has the same meaning as in section 2 of the Integrated Cross-border Law Enforcement Operations Act . ( agent désigné )
Public Complaints and Review Commission Act — P-27.5
integrated cross-border operation has the same meaning as in section 2 of the Integrated Cross-border Law Enforcement Operations Act . ( opération transfrontalière intégrée )
Public Complaints and Review Commission Act — P-27.5 74
Purpose 74 The purpose of this Part is to set out the role of the Commission in dealing with complaints relating to integrated cross-border operations and in reviewing those operations.
Public Complaints and Review Commission Act — P-27.5 75
Application of certain provisions 75 Sections 8 , 10 , 11 , 16 to 25 and 28 to 32 , other than subsection 28 (6) and section 29 , apply in this Part, with the following modifications and the modifications that the circumstances require: (a) a reference to the Royal Canadian Mounted Police Act or the Witness Protection Program Act in paragraph 25 (2)(c) and subsection 28 (1) is to be read as a reference to the Integrated Cross-border Law Enforcement Operations Act ; (b) a reference to the Commissioner, other than in subsection 17 (7), is to be read as a reference to the Central Authority; (c) a reference to the Commissioner in subsection 17 (7) is to be read as a reference to the Commissioner acting as the Central Authority; (d) a reference to the activities of the RCMP in subsection 28 (1) is to be read as a reference to integrated cross-border operations; (e) a reference to the operation of the RCMP in subsections 28 (1) and (5) is to be read as a reference to integrated cross-border operations; (f) a reference to section 29 in subsections 17 (2) and 32 (1) is to be read as a reference to section 77 ; (g) a reference to the RCMP in subsections 16 (1) and 17 (2), the portion of subsection 19 (1) before paragraph (a), subsection 22 (2) and the portion of subsection 24 (1) before paragraph (a) is to be read as a reference to the RCMP, the Central Authority or a designated officer who was appointed under subsection 7(1) of the Integrated Cross-border Law Enforcement Operations Act ; (h) a reference to the RCMP in paragraphs 19 (1)(d) and (f) and 24 (1)(c) is to be read as a reference to the Central Authority; (i) a reference to this Part and Part 2 in subsection 16 (1) is to be read as a reference to sections 76 to 78 , subsection 79 (2), sections 80 to 82 and the provisions that apply in this Part as a result of section 75 and subsection 79 (1); (j) a reference to a member , as defined in subsection 2(1) of the Royal Canadian Mounted Police Act , or other person appointed or employed under Part I of that Act in paragraphs 17 (1)(f) and 19 (1)(a) and (d) is to be read as a reference to a designated officer who was appointed under paragraph 7(1)(a) of the Integrated Cross-border Law Enforcement Operations Act ; (k) a reference to a meeting held or to be held between the Commission and the RCMP in paragraph 19 (1)(g) is to be read as a reference to a meeting held or to be held with the Commission; (l) a reference to Part 2 in subsection 17 (2) is to be read as a reference to sections 76 to 78 , subsection 79 (2), sections 80 to 82 and the provisions that apply in this Part as a result of section 75 and subsection 79 (1); and (m) the reference to section 13 in paragraph 25 (2)(b) is to be read as a reference to section 78 .
Public Complaints and Review Commission Act — P-27.5 76
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.
Public Complaints and Review Commission Act — P-27.5 77
Review for province 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. 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. Findings and recommendations (3) The Commission must include in its report any findings and recommendations that the Commission sees fit regarding (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 (b) the adequacy, appropriateness, sufficiency or clarity of any policy, procedure or guideline relating to those operations.
Public Complaints and Review Commission Act — P-27.5 78
Annual report — provinces 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. 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).
Public Complaints and Review Commission Act — P-27.5 79
Application of certain provisions 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: (a) a reference to the Commissioner is to be read as a reference to the Central Authority; (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; (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; (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; (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; (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; (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; (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 (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 . 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: (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 (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.
Public Complaints and Review Commission Act — P-27.5 80
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.
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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.
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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.
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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).
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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 (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; (b) delay any action taken under any program legislation or prevent any such action from being taken; (c) delay any removal proceedings or prevent the enforcement of any removal order; (d) delay any extradition proceedings or prevent the extradition of any individual to or from Canada; or (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.
Public Complaints and Review Commission Act — P-27.5 85
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.
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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.
Public Complaints and Review Commission Act — P-27.5 87
Regulations 87 The Governor in Council may make regulations for carrying out the purposes and provisions of this Act, including regulations (a) respecting the establishment of service standards under section 8 ; (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; (c) respecting procedures that govern the Commission’s access to privileged information under section 17 ; (d) respecting the use of information under subsection 26 (1); (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; (f) respecting, for the purpose of subsections 40 (5) and 41 (5), the period during which evidence is to be protected and preserved; (g) prescribing the categories of complaints that are not to be resolved informally by the Commissioner or President under section 43 ; (h) respecting the making of representations under subsection 44 (1); (i) respecting, for the purpose of section 54 , the merger of complaints; (j) respecting investigations, reviews or hearings conducted jointly under section 61 or 62 ; (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; (l) respecting notices under subsections 67 (1) and 68 (1); (m) respecting conduct for the purposes of subsection 68 (1); (n) defining “serious injury” for the purposes of subsection 68 (1); (o) respecting investigations, reviews or hearings conducted jointly under section 80; (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 (p) prescribing anything that by this Act is to be prescribed by regulation.
Public Complaints and Review Commission Act — P-27.5 88
Attendance of witnesses, etc. 88 (1) Every person commits an offence punishable on summary conviction who (a) on being duly summoned as a witness or otherwise under this Act, fails to attend; (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; (c) at any proceeding uses insulting or threatening language or causes any interference or disturbance; or (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. 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 . 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.
Public Complaints and Review Commission Act — P-27.5 89
Offences — harassment, obstruction, destroying documents etc. 89 (1) A person must not (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; (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; (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; (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 (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. Punishment (2) Every person who contravenes subsection (1) commits an offence and is (a) guilty of an indictable offence and liable to imprisonment for a term of not more than five years; or (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.
Public Complaints and Review Commission Act — P-27.5 90
Offence — failure to comply 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. 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.