GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Public Complaints and Review Commission Act — P-27.5 20
Exception 20 The Commission is not entitled to have access to (a) a confidence of the Queen’s Privy Council for Canada the disclosure of which could be refused under section 39 of the Canada Evidence Act ; or (b) commercial information that Canada has committed under an international agreement to keeping confidential.
Public Complaints and Review Commission Act — P-27.5 21
Use of privileged information 21 If the Commission obtains access to privileged information in respect of a matter under subsection 17 (2), the Commission may use that information only in respect of that matter.
Public Complaints and Review Commission Act — P-27.5 22
Protection of information 22 (1) The Commission may, by regulation, establish measures to protect the information under its control or in its possession. Consultation and approval (2) Subject to subsection 25 (2), if the Commission obtains access to information referred to in subsection 16 (4) or to privileged information from the RCMP or the Agency, a member, officer or employee of the Commission and any other person acting on its behalf must not distribute any report or other document that contains or discloses the information or any part of it without having first obtained the Commissioner’s or President’s approval, as the case may be. Time limit (3) The Commissioner or President must indicate whether he or she approves the distribution of a report or other document under subsection (2) as soon as feasible after being consulted under that subsection. Regulations (4) The Governor in Council may make regulations respecting measures to protect the information under the control, or in the possession, of the Commission. Conflict or inconsistency (5) In the event of a conflict or inconsistency between the regulations made under subsections (1) and (4), the regulations made under subsection (4) prevail to the extent of the conflict or inconsistency. Duty to comply with regulations (6) Subject to subsection (5), every member, employee and officer of the Commission and every person acting on its behalf must comply with the regulations made under subsections (1) and (4).
Public Complaints and Review Commission Act — P-27.5 23
Security requirements 23 Every member, employee and officer of the Commission and every other person acting on its behalf must (a) obtain and maintain the necessary security clearance from the Government of Canada and take the oath of secrecy prescribed by regulation; (b) comply with all security requirements under this Part and the Security of Information Act ; and (c) follow established procedures or practices, including any requirement found in a Treasury Board policy, guideline or directive, for the secure handling, storage, transportation and transmission of information or documents.
Public Complaints and Review Commission Act — P-27.5 24
Safeguards — third party 24 (1) The Commission must not disclose information referred to in subsection 16 (4) that it has received from the RCMP or Agency to any person or entity other than a member, employee or officer of the Commission or a person acting on its behalf unless the Chairperson is satisfied that (a) the person or entity will take reasonable measures to protect that information; (b) the person or entity will require all of its members, employees, officers and other persons acting on its behalf to meet requirements that are equivalent to the requirements referred to in section 23 ; and (c) the person or entity has agreed to any measures that would assist the Commission to verify compliance with the obligations described in paragraphs (a) and (b), which may include agreeing to permit the Commission to enter and inspect the premises of the person or entity and any information storage facilities and to provide any information or documents requested by the Commission. Duties to comply (2) Every person who has received information under this section must comply with the regulations made under paragraph 87 (b).
Public Complaints and Review Commission Act — P-27.5 25
Disclosure by Commission prohibited 25 (1) Except as authorized under subsection (2), a member, officer or employee of the Commission and any other person acting on its behalf must not provide information to any person, or allow any person to have access to information, knowing that the information is privileged information to which they had access under subsection 17 (2) or being reckless as to whether the information is such information. Authorized disclosure (2) Every person who is otherwise prohibited under subsection (1) from disclosing privileged information may, if authorized by the Chairperson, disclose that information (a) to the Attorney General of Canada or of a province if, in the opinion of the Chairperson, the information relates to the commission of an offence under federal or provincial law by a director, an officer or an employee of a government institution and there is evidence of such an offence and the information is required in criminal proceedings, either by indictment or on summary conviction, that have been commenced by the laying of an information or the preferring of an indictment, under an Act of Parliament; (b) to the Minister other than in an annual report referred to in section 13 ; (c) to the Commissioner if, in the opinion of the Chairperson, the information is required for the purpose of enabling the Commissioner to exercise his or her powers or perform his or her duties and functions under the Royal Canadian Mounted Police Act ; and (d) to the President if, in the opinion of the Chairperson, the information is required for the purpose of enabling the President to exercise his or her powers or perform his or her duties and functions under the Canada Border Services Agency Act . Disclosure of privileged information — proceedings (3) A member, officer or employee of the Commission or other person acting on its behalf must not be required, in connection with any criminal, civil or administrative action or proceeding, to give or produce evidence relating to privileged information to which he or she had access under subsection 17 (2). Application (4) Except as provided by any other Act of Parliament that expressly refers to it, this section applies despite any other Act of Parliament other than the Access to Information Act and the Privacy Act . Application (5) This section applies despite subsection 13(1) of the Auditor General Act and subsection 79.4(1) of the Parliament of Canada Act .
Public Complaints and Review Commission Act — P-27.5 26
Use of information 26 (1) Despite any provision in the Royal Canadian Mounted Police Act or the Canada Border Services Agency Act , but subject to subsection (2), a member, officer or employee of the Commission, with the Chairperson’s approval, may, in the exercise of their powers or the performance of their duties and functions under this Act, (a) use information obtained by the Commission under this Act relating to a complaint if (i) the information relates to a particular event or series of events that involved one or more RCMP employees and one or more CBSA employees, (ii) the information is relevant and necessary to deal with a complaint made under section 33 or 36 that relates to the event or series of events or to initiate a complaint under section 36 that relates to the event or series of events, and (iii) the information is used solely for the purpose of dealing with the complaint or initiating the complaint; and (b) use information obtained by the Commission under a review conducted under subsection 28(1) or (2) or section 29 of any activity that was, is or may be carried out by the RCMP or Agency if (i) the information is relevant and necessary to the conduct of a review under subsection 28(1) or (2) or section 29 of any similar activity that was, is or may be carried out by the RCMP or Agency, and (ii) the information is used solely for the purposes of the review referred to in subparagraph (i). Opportunity to make representations (2) If the information is privileged information that was obtained from the RCMP or Agency, a member, officer or employee of the Commission and any person acting on its behalf must not use the information without having first given the Commissioner or President, as the case may be, an opportunity to make representations.
Public Complaints and Review Commission Act — P-27.5 27
Disclosure prohibited 27 A current or former member, officer or employee of the Commission, or any person who is acting or has acted on the Commission’s behalf, may disclose information that they obtained or to which they had access in the course of exercising their powers or performing their duties and functions under this Act only for the purpose of exercising their powers or performing their duties and functions under this Act or as authorized or required by any other law.
Public Complaints and Review Commission Act — P-27.5 28
Review and report 28 (1) For the purpose of ensuring that the activities of the RCMP are carried out in accordance with the Royal Canadian Mounted Police Act or the Witness Protection Program Act , any regulations or ministerial directions made under them or any policy, procedure or guideline relating to the operation of the RCMP, the Commission may, on the request of the Minister or a third party or on its own initiative, conduct a review of specified activities of the RCMP and provide a report to the Minister and the Commissioner on the review. Review and report (2) For the purpose of ensuring that the activities of the Agency are carried out in accordance with the Canada Border Services Agency Act , any ministerial directions made under that Act and any policy, procedure or guideline relating to the operation of the Agency, the Commission may, on the request of the Minister or a third party or on its own initiative, conduct a review of specified activities of the Agency and provide a report to the Minister and the President on the review. Condition (3) In order to conduct a review on its own initiative, the Commission must be satisfied that no other review or inquiry has been undertaken on substantially the same issue by a federal or provincial entity. Notice (4) Before conducting a review on its own initiative, the Commission must give a notice to the Minister indicating that the Commission is satisfied that the condition referred to in subsection (3) has been met and setting out the rationale for conducting the review. Policies, procedures and guidelines (5) The Commission must include in the report any findings and recommendations that it sees fit regarding the adequacy, appropriateness, sufficiency or clarity of any policy, procedure or guideline relating to the operation of the RCMP or Agency, as the case may be. Copy of report to provincial ministers (6) The Commission may provide a copy of the report made under subsection (1) to the provincial minister who has the primary responsibility for policing in any province in respect of which there is an arrangement between the government of the province and the Minister under section 20 of the Royal Canadian Mounted Police Act . Summary of report (7) The Commission must make public a summary of every report. Opportunity to make comments (8) Before making the summary public, the Commission must give the Commissioner or President, as the case may be, an opportunity to submit comments on the findings and recommendations included in the report within 60 days after the day on which the report is received by him or her or any longer period that the Minister considers appropriate. The Commission must make public any comments that the Commissioner or President submits at the same time as it makes the summary public.
Public Complaints and Review Commission Act — P-27.5 29
Review for province 29 (1) 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 provincial minister who has the primary responsibility for policing in that province may ask the Minister to request that the Commission conduct a review of specified activities of the RCMP 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 the review and the Commissioner 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 activities of the RCMP are carried out in accordance with the Royal Canadian Mounted Police Act or the Witness Protection Program Act , any regulations or ministerial directions made under them or any policy, procedure or guideline relating to the operation of the RCMP; and (b) the adequacy, appropriateness, sufficiency or clarity of any policy, procedure or guideline relating to the operation of the RCMP.
Public Complaints and Review Commission Act — P-27.5 30
Joint reviews 30 If a review conducted under subsection 28 (2) 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 that review jointly with any competent authority in the province where the persons are or were detained.
Public Complaints and Review Commission Act — P-27.5 31
National security 31 (1) The Commission does not have jurisdiction to conduct a review of an activity that is related to national security. Referral (2) The Commission must refer any matter related to national security arising from a request for a review under subsection 28 (1) or (2) or section 29 to the National Security and Intelligence Review Agency.
Public Complaints and Review Commission Act — P-27.5 32
Powers 32 (1) The Commission has, when conducting a review under subsection 28 (1) or (2) or section 29 , all of its powers under subsection 50 (1). Application (2) Subsections 50 (2) to (6) apply, with any necessary modifications, to the exercise of the powers by the Commission under subsection (1).
Public Complaints and Review Commission Act — P-27.5 33
e complaint in writing to the complainant and their legal representative, if any, and provide written notice of the complaint to the President; or (b) the Agency must acknowledge the complaint in writing to the complainant and their legal representative, if any, and provide written notice of the complaint to the Commission. Covert operations (11) The Commission, the RCMP and the Agency are authorized to acknowledge a complaint or otherwise deal with a complainant in a manner that does not reveal, or from which cannot be inferred, information concerning (a) whether a place, person, agency, group, body or other entity was, is or is intended to be the object of a covert investigation or a covert collection of information or intelligence; or (b) the identity of any person who is, has been or is intended to be engaged in a covert collection of information or intelligence.
Public Complaints and Review Commission Act — P-27.5 34
Notice 34 As soon as feasible after being notified of a complaint, the Commissioner or President, as the case may be, must notify in writing the RCMP employee or CBSA employee, as the case may be, whose conduct is the subject matter of the complaint of the substance of the complaint unless, in the Commissioner’s or President’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 35
Assistance 35 The Commission must, on the request of an individual or third party that wishes to make a complaint, arrange for the provision of assistance to that individual or organization in making the complaint.
Public Complaints and Review Commission Act — P-27.5 35.1
Non-disclosure agreement 35.1 Complaints made under this Act shall not be subject to a non-disclosure agreement.
Public Complaints and Review Commission Act — P-27.5 36
Complaints initiated by Chairperson 36 (1) If the Chairperson is satisfied that there are reasonable grounds to investigate the conduct, in the performance of any duty or function under the Royal Canadian Mounted Police Act or the Witness Protection Program Act , of any person who was an RCMP employee at the time that the conduct is alleged to have occurred, the Chairperson may initiate a complaint in relation to that conduct. Complaints initiated by Chairperson (2) If the Chairperson is satisfied that there are reasonable grounds to investigate the conduct, in the exercise of any power of the Agency or the performance of any of its duties or functions under the Canada Border Services Agency Act , of any person who was a CBSA employee at the time that the conduct is alleged to have occurred, the Chairperson may initiate a complaint in relation to that conduct. Chairperson is complainant (3) Unless the context otherwise requires, a reference in this Part to a complainant is, in relation to a complaint initiated under subsection (1) or (2), a reference to the Chairperson. Notice (4) The Chairperson must notify the Minister and the Commissioner or President, as the case may be, of any complaint initiated under subsection (1) or (2). Notice to employee (5) As soon as feasible after being notified of a complaint under subsection (4), the Commissioner or President, as the case may be, must notify in writing the RCMP employee or the CBSA employee, as the case may be, whose conduct is the subject matter of the complaint of the substance of the complaint unless, in the Commissioner’s or President’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 37
Investigation by RCMP or Agency 37 (1) Subject to subsections (2) to (4) and sections 38 , 46 and 47 , the RCMP or Agency, as the case may be, must investigate, in accordance with the rules made under section 39 , any complaint made under this Part. Restriction on power to investigate (2) The RCMP or Agency must not commence 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 — RCMP (3) The RCMP must not commence an investigation of a complaint if, in its opinion, doing so would compromise or seriously hinder the investigation or prosecution of any offence. Restriction on power to investigate — Agency (4) The Agency must not commence 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 39
Rules 39 The Commissioner and the President may each make with the Commission rules governing the procedures to be followed by the RCMP or Agency, as the case may be, in notifying persons under this Part and in investigating, disposing of or otherwise dealing with complaints under this Part.
Public Complaints and Review Commission Act — P-27.5 40
Withdrawal — subsection 33 (1) 40 (1) A complainant may withdraw a complaint made under subsection 33 (1) at any time by sending a written notice and the reasons for the withdrawal to the Commission or the Commissioner. Notice of withdrawal (2) As soon as feasible after the Commission or the Commissioner receives a notice that a complaint made under subsection 33 (1) has been withdrawn under subsection (1), he or she must give written notice of the withdrawal to the other. Notice to RCMP employee (3) When the Commissioner receives a notice under subsection (1) or (2), he or she must notify in writing the RCMP employee whose conduct is the subject matter of the complaint that the complaint has been withdrawn. Investigation or hearing into withdrawn complaint (4) Despite the withdrawal of the complaint, the complaint may be the subject of an investigation, review or hearing conducted under this Part. Preservation of evidence (5) The Commissioner must ensure the protection and preservation of any evidence relating to a withdrawn complaint made under subsection 33 (1).
Public Complaints and Review Commission Act — P-27.5 41
Withdrawal — subsection 33 (2) 41 (1) A complainant may withdraw a complaint made under subsection 33 (2) at any time by sending a written notice and the reasons for the withdrawal to the Commission or the President. Notice of withdrawal (2) As soon as feasible after the Commission or the President receives a notice that a complaint made under subsection 33 (2) has been withdrawn under subsection (1), he or she must give written notice of the withdrawal to the other. Notice to CBSA employee (3) When the President receives a notice under subsection (1) or (2), he or she must notify in writing the CBSA employee whose conduct is the subject matter of the complaint that the complaint has been withdrawn. Investigation or hearing into withdrawn complaint (4) Despite the withdrawal of the complaint, the complaint may be the subject of an investigation, review or hearing conducted under this Part. Preservation of evidence (5) The President must ensure the protection and preservation of any evidence relating to a withdrawn complaint made under subsection 33 (2).
Public Complaints and Review Commission Act — P-27.5 42
Assistance 42 The Commission must, on the request of an individual or a third party that wishes to withdraw a complaint made under subsection 33(1) or (2), arrange for the provision of assistance to that individual or organization in withdrawing the complaint.
Public Complaints and Review Commission Act — P-27.5 43
Informal resolution 43 (1) As soon as feasible after receiving or being notified of a complaint made under subsection 33 (1) or (2), the Commissioner or President, as the case may be, must consider whether the complaint can be resolved informally and, with the consent of the complainant and the RCMP employee or CBSA employee, as the case may be, whose conduct is the subject matter of the complaint, may attempt to resolve it informally. Inadmissibility (2) An answer or statement made in the course of attempting to resolve a complaint informally, by the complainant or the RCMP employee or CBSA employee, as the case may be, whose conduct is the subject matter of the complaint, may be used or received against that person 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. Agreement to informal resolution in writing (3) The terms of every informal resolution of a complaint, as well as the agreement to those terms of the complainant and the RCMP employee or CBSA employee, as the case may be, whose conduct is the subject matter of the complaint to those terms, must be signified in writing. A copy of everything so signified in writing is to be provided to the Commission. Clarification (4) For greater certainty, nothing in this section prevents the Commission from informally resolving a complaint of which it is seized under this Part and, if the Commission attempts to informally resolve a complaint, subsections (2) and (3) apply.