Public Complaints and Review Commission Act — P-27.5 52
Restriction 52 (1) The Commission may refuse to deal with a complaint if, in its 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 or a third party that 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; or (b.1) the complaint is from a third party that is not directly concerned by the subject matter of the complaint. Complaints involving decisions (2) The Commission must refuse to deal with a complaint concerning any decision under Part IV of the Royal Canadian Mounted Police Act . Complaint by members or certain other persons (4) The Commission must refuse to deal with a complaint made under subsection 33 (1) by a member , as defined in subsection 2(1) of the Royal Canadian Mounted Police Act , or any other person appointed or employed under Part I of that Act 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 the Royal Canadian Mounted Police Act or any other Act of Parliament. Other procedures (5) The Commission may refuse to deal with a complaint 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. Program legislation or offences (6) The Commission must refuse to deal with a complaint if, in its opinion, dealing with the complaint would compromise or seriously hinder (a) the administration or enforcement of program legislation; or (b) the investigation or prosecution of any offence. Notice (7) If the Commission refuses under any of subsections (2) to (6) to deal with a complaint, it must give notice in writing of the refusal and the reasons for it to the Commissioner or President, as the case may be, and the complainant. If the reason for the refusal 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 (8) The Commission must refuse to deal with a complaint if it concerns an activity that is closely related to national security and must refer it 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 (9) After receiving a notice under subsection (7) or (8), the Commissioner or President, as the case may be, must notify the RCMP employee or the CBSA employee, as the case may be, whose conduct is the subject matter of the complaint of the refusal to deal with the complaint and, if applicable, of the referral made under subsection (8).