Public Complaints and Review Commission Act — P-27.5 38
Right to refuse investigation 38 (1) The Commissioner may direct the RCMP — or the President may direct the Agency — not to commence an investigation of a complaint, other than a complaint initiated under subsection 36 (1) or (2), if, in his or her opinion, (a) the complaint is trivial, frivolous, vexatious or made in bad faith; (b) the complaint is from an individual who (i) is not the individual at whom the conduct was directed, (ii) is neither the guardian, tutor, curator or mandatary — under a protection mandate — of the individual at whom the conduct was directed nor a person who is appointed to act in a similar capacity on behalf of the individual, (iii) did not see or hear the conduct or its effects as a result of not being physically present at the time when and the place where the conduct or its effects occurred, (iv) has not been given written permission to make the complaint from the individual at whom the conduct was directed, or (v) has not suffered loss, damage, distress, danger or inconvenience as a result of the conduct; (b.1) the complaint is from a third party that is not directly concerned by the subject matter of the complaint; (c) the complaint concerns a decision under Part IV of the Royal Canadian Mounted Police Act ; (d) the complaint relates to a disciplinary measure taken, or not taken, by the President; or (e) having regard to all the circumstances, it is not necessary or reasonably practicable to commence an investigation of the complaint. Duty to refuse investigation (2) The Commissioner must direct the RCMP — or the President must direct the Agency — to not commence 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 commence 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 the Agency is directed to not commence 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.