Public Complaints and Review Commission Act — P-27.5 2
Definitions 2 (1) The following definitions apply in this Act. Agency means the Canada Border Services Agency. ( Agence ) CBSA employee means any person who is or was an officer or employee of the Agency. ( employé de l’ASFC ) child means a person who is or, in the absence of any evidence to the contrary, appears to be under the age of 18 years. ( enfant ) Commission means the Public Complaints and Review Commission established by subsection 3 (1). ( Commission ) Commissioner means the Commissioner of the Royal Canadian Mounted Police. ( commissaire ) employee of the Agency includes any person who assists or assisted the Agency in the exercise of any of its powers or the performance of any of its duties and functions under the Canada Border Services Agency Act , other than a person who assists or assisted the Agency by reason only of an agreement or arrangement referred to in subsection 13(3) of that Act. ( employé de l’Agence ) Minister means the Minister of Public Safety and Emergency Preparedness. ( ministre ) President means the President of the Agency. ( président ) proceedings means any investigation or hearing conducted by the Commission with respect to a complaint made under Part 2 or 3. ( procédure ) program legislation has the same meaning as in section 2 of the Canada Border Services Agency Act . ( législation frontalière ) RCMP means the Royal Canadian Mounted Police. ( Gendarmerie ) RCMP employee means any person who is or was (a) a member , as defined in subsection 2(1) of the Royal Canadian Mounted Police Act ; or (b) a person appointed or employed under Part I of that Act. ( employé de la GRC ) Designation (2) Every person designated under subsection 9(2) of the Canada Border Services Agency Act is an officer or employee of the Canada Border Services Agency for the purposes of this Act and, when that person is exercising any power or performing any duty or function by reason of the designation, that person is deemed to be exercising a power or performing a duty or function under the Canada Border Services Agency Act . Complaints regarding level of service — RCMP (3) For the purposes of subsections 33 (1) and 36 (1), the taking of, or the failure to take, a decision in relation to the level of any service provided by the RCMP by a person who, at the time the decision was taken, or not taken, as the case may be, was an RCMP employee is deemed to be conduct by the person in the performance of a duty or function under the Royal Canadian Mounted Police Act . Provincial ministers not RCMP employees (4) For greater certainty, nothing in subsection (3), 33 (1) or 36 (1) is to be construed as indicating that a provincial minister involved in the determination of the level of service provided by the RCMP in the province is acting as an RCMP employee. Complaints regarding level of service — Agency (5) For the purposes of subsections 33 (2) and 36 (2), the taking of, or the failure to take, a decision in relation to the level of any service provided by the Agency by a person who, at the time the decision was taken, or not taken, as the case may be, was an officer or employee of the Agency is deemed to be conduct by the person in the exercise of a power or the performance of a duty or function under the Canada Border Services Agency Act . Deeming (6) For the purposes of this Act, an employee of the Agency who assists or assisted the Agency in the exercise of any of its powers or the performance of any of its duties and functions under the Canada Border Services Agency Act is deemed to be exercising or to have exercised those powers or to be performing or to have performed those duties and functions.