GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Provincial Subsidies Act — P-26 11
Advances to provinces authorized 11 (1) The Governor in Council may, in his discretion, advance to any province any sums required for local improvements in the province and not exceeding in the whole the amount by which the debt of the province for which Canada is responsible then falls short of the debt with which the province was allowed to enter the Union, but no such advance shall be made to any province unless it has been previously sanctioned by an Act of the legislature of that province. Conditions of advances (2) The advances referred to in subsection (1) shall be deemed additions to the debt of the province and the province may repay them to Canada on such notice, in such sums and on such conditions as the Government of Canada and that of the province agree on, and any amount so repaid shall be deducted from the debt of the province in calculating the subsidy payable to it. R.S., c. P-26, s. 11
Public Complaints and Review Commission Act — P-27.5
His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Public Complaints and Review Commission Act — P-27.5 1
Short title 1 This Act may be cited as the Public Complaints and Review Commission Act .
Public Complaints and Review Commission Act — P-27.5
Agency means the Canada Border Services Agency. ( Agence )
Public Complaints and Review Commission Act — P-27.5
CBSA employee means any person who is or was an officer or employee of the Agency. ( employé de l’ASFC )
Public Complaints and Review Commission Act — P-27.5
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 )
Public Complaints and Review Commission Act — P-27.5
Commission means the Public Complaints and Review Commission established by subsection 3 (1). ( Commission )
Public Complaints and Review Commission Act — P-27.5
Commissioner means the Commissioner of the Royal Canadian Mounted Police. ( commissaire )
Public Complaints and Review Commission Act — P-27.5
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 )
Public Complaints and Review Commission Act — P-27.5
Minister means the Minister of Public Safety and Emergency Preparedness. ( ministre )
Public Complaints and Review Commission Act — P-27.5
President means the President of the Agency. ( président )
Public Complaints and Review Commission Act — P-27.5
proceedings means any investigation or hearing conducted by the Commission with respect to a complaint made under Part 2 or 3. ( procédure )
Public Complaints and Review Commission Act — P-27.5
program legislation has the same meaning as in section 2 of the Canada Border Services Agency Act . ( législation frontalière )
Public Complaints and Review Commission Act — P-27.5
RCMP means the Royal Canadian Mounted Police. ( Gendarmerie )
Public Complaints and Review Commission Act — P-27.5 (a)
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 )
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Establishment 3 (1) The Public Complaints and Review Commission is established, consisting of a Chairperson, a Vice-chairperson and not more than three other members, appointed by the Governor in Council. Diversity and other factors (1.1) In making recommendations for appointments of members of the Commission, the Minister must seek to reflect the diversity of Canadian society and must take into account considerations such as gender equality and the overrepresentation of certain groups in the criminal justice system, including Indigenous peoples and Black persons. Ineligibility (2) A person is not eligible to be a member of the Commission, including the Chairperson or the Vice-chairperson, if that person (a) is or was a member , as defined in subsection 2(1) of the Royal Canadian Mounted Police Act ; (b) is or was an officer , as defined in subsection 2(1) of the Customs Act , or is or was a person designated by the Minister of Public Safety and Emergency Preparedness as an officer under subsection 6(1) of the Immigration and Refugee Protection Act , who, in performing their normal duties, is or was required to interact with the public; or (c) is not a Canadian citizen or a permanent resident , as defined in subsection 2(1) of the Immigration and Refugee Protection Act . Reappointment (3) A member of the Commission is eligible for reappointment on the expiry of that member’s term of office.
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Full- or part-time 4 (1) The Chairperson is a full-time member of the Commission. The other members may be appointed as full-time or part-time members of the Commission. Tenure (2) Each member of the Commission holds office during good behaviour for a term of not more than five years but may be removed for cause at any time by the Governor in Council. Remuneration (3) Members of the Commission are to be paid the remuneration that is to be determined by the Governor in Council. Travel, living and other expenses (4) Members of the Commission are entitled to be reimbursed, in accordance with Treasury Board directives, for the travel, living and other expenses incurred in connection with their work for the Commission while absent, in the case of full-time members, from their ordinary place of work or, in the case of part-time members, from their ordinary place of residence. Application of Public Service Superannuation Act (5) The full-time members of the Commission are deemed to be employed in the public service for the purposes of the Public Service Superannuation Act . Application of other Acts (6) Members of the Commission are deemed to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act .
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Chairperson 5 (1) The Chairperson has the rank and all the power of a deputy head of a department and has supervision over and direction of the work and staff of the Commission. Meetings (2) The Chairperson presides at meetings of the Commission. Delegation (3) The Chairperson may delegate to the Vice-chairperson or, if the office of Vice-chairperson is vacant, to any other member of the Commission any of the Chairperson’s powers, duties and functions under this Act, except the power to delegate under this subsection and the powers, duties and functions under subsections 17 (7), 25 (2), 67 (1) and 68 (1). Absence or incapacity (4) In the event of the absence or incapacity of the Chairperson or if the office of Chairperson is vacant, the Vice-chairperson has all the powers, duties and functions of the Chairperson. In the event of the absence or incapacity of the Vice-chairperson or if the office of Vice-chairperson is vacant, the Minister may authorize another member of the Commission to exercise the powers and perform the duties and functions of the Chairperson, but a member of the Commission so authorized is not entitled to act as Chairperson for more than 90 days without the Governor in Council’s approval.
Public Complaints and Review Commission Act — P-27.5 6
Head office 6 (1) The head office of the Commission must be in the place in Canada that is designated by the Governor in Council or, if no place is designated, in the National Capital Region described in the schedule to the National Capital Act . Regional offices (2) The Commission may establish an office in any region of Canada. Staff (3) The officers and employees that are necessary for the proper conduct of the work of the Commission are to be appointed in accordance with the Public Service Employment Act . Technical assistance (4) The Commission may, with Treasury Board’s approval, (a) engage, on a temporary basis, the services of persons having technical or specialized knowledge of any matter relating to the work of the Commission to advise and assist the Commission in the exercise of its powers or the performance of its duties and functions under this Act; and (b) fix and pay the remuneration and expenses of persons engaged under paragraph (a).
Public Complaints and Review Commission Act — P-27.5 7
Powers, duties and functions of Commission 7 The Commission must exercise the powers and perform the duties and functions that are assigned to it by this Act.
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Service standards respecting time limits 8 (1) The Commission, the RCMP and union representatives of RCMP employees must jointly establish service standards respecting the time limits within which reviews under subsection 28 (1) or section 29 are to be conducted and the time limits within which each of them is to deal with complaints made under this Act and specifying the circumstances under which those time limits do not apply or the circumstances under which they may be extended. The Commission must publish on its website those service standards that are related to communications with complainants. Service standards respecting time limits (2) The Commission, the Agency and union representatives for CBSA employees must jointly establish service standards respecting the time limits within which reviews under subsection 28 (2) are to be conducted and the time limits within which each of them is to deal with complaints made under this Act, and specifying the circumstances under which those time limits do not apply or the circumstances under which they may be extended. The Commission must publish on its website those service standards that are related to communications with complainants.
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Education and information 9 The Commission must implement public education and information programs to make its mandate better known to the public and may conduct research and consult and cooperate with any person or entity, in or outside Canada, in matters relating to its mandate.
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Rules 10 (1) Subject to the provisions of this Act and the regulations, the Commission may make rules respecting (a) the sittings of the Commission; (b) the fixing of the quorum for the performance of the Commission’s duties and functions; (c) the manner of dealing with matters and business before the Commission generally, including the practice and procedure before the Commission; (d) the apportionment of the Commission’s work among its members; and (e) the performance of the duties and functions of the Commission generally. Publication of proposed rules (2) A copy of each rule that the Commission proposes to make must be published in the Canada Gazette and a reasonable opportunity must be given to interested persons to make representations with respect to the proposed rule. Modification after publication (3) A proposed rule need not be published more than once, whether or not it has been amended as a result of any representations.
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Protection 11 (1) No criminal, civil or administrative action or proceeding lies against the members, officers or employees of the Commission, or any person acting on behalf or under the direction of the Commission, for anything done, reported or said in good faith in the exercise or purported exercise of any power, or the performance or purported performance of any duty or function, of the Commission or the Chairperson under this Act. Observer (2) For the purposes of subsection (1), a person who is designated as an observer under subsection 45.83(3) of the Royal Canadian Mounted Police Act , including as a result of section 45.98 of that Act, or designated as an observer under section 14.5 of the Canada Border Services Agency Act is deemed to be acting on behalf or under the direction of the Commission in the exercise or purported exercise of a power, or the performance or purported performance of any duty or function, of the Commission. No summons (3) A member, officer or employee of the Commission, or any person acting on behalf or under the direction of the Commission, is not a competent or compellable witness, in respect of any matter coming to the knowledge of the Commission or that person as a result of exercising a power or performing a duty or function of the Commission or the Chairperson, in any proceeding other than a prosecution for an offence under this Act, a prosecution for an offence under the Security of Information Act or a prosecution for an offence under section 132 or 136 of the Criminal Code .
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Special reports 12 (1) The Commission may, on the request of the Minister or on its own initiative, provide the Minister with a special report, and a summary of the report, concerning any matter that relates to its powers, duties and functions under this Act. Copy (2) The Minister must provide a copy of the report or summary to the Commissioner and the President on the same day as the Minister receives the report or summary. Summary to be made public (3) The Commission must make the summary of the report public after at least 15 days have elapsed after the day on which the summary is provided to the Minister. Exemption (4) When the Commission provides the report to the Minister, section 21 and subsection 22 (2) do not apply in respect of any information referred to in subsection 16 (4), or privileged information , as defined in subsection 17 (1), set out in the report.
Public Complaints and Review Commission Act — P-27.5 13
Annual report 13 (1) The Chairperson must, within six months after March 31 each year, submit to the Minister a report of the activities of the Commission under this Act during that year, and its recommendations, if any. The Minister must cause a copy of the report to be tabled in each House of Parliament on any of the first 15 days on which that House is sitting after the day on which the Minister receives the report. Contents (2) The report referred to in subsection (1) must (a) contain information respecting the Commission’s performance in relation to the service standards established under section 8 ; (b) set out the number of complaints made under this Act by persons detained by the Agency and a summary of the nature, status and disposition of those complaints, including those, if any, disposed of through the reconciliation process with Indigenous peoples; (c) to the extent known by the Chairperson, set out the number of complaints made by persons who are or have been detained on behalf of the Agency under an agreement or arrangement referred to in subsection 13(3) of the Canada Border Services Agency Act and who have made a complaint respecting their treatment during detention — or their conditions of detention — and a summary of the nature, status and disposition of those complaints; (d) set out the number of serious incidents , as defined in subsection 45.79(1) of the Royal Canadian Mounted Police Act , that the Commission was notified of under section 45.8 of that Act, including as a result of section 45.98 of that Act, and contain information concerning their type, the provinces in which they are alleged to have occurred and whether charges were laid in respect of them; (e) set out the number of serious incidents , as defined in subsection 14.1(1) of the Canada Border Services Agency Act , that the Commission was notified of under section 14.2 of that Act and contain information concerning their type, the provinces in which they are alleged to have occurred and whether charges were laid in respect of them; (e.1) set out the number of matters or complaints that were referred to the National Security and Intelligence Review Agency under subsections 31(2), 52(8) and 53(4); (f) contain data about complainants, including disaggregated demographic and race-based data, in a form that prevents data obtained from an identifiable person from being related to that person; and (g) contain information prescribed by the regulations.
Public Complaints and Review Commission Act — P-27.5 14
Annual report — provinces 14 (1) The Commission must, for each fiscal year and in respect of each province the government of which has entered into an arrangement with the Minister under section 20 of the Royal Canadian Mounted Police Act , 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 and how those complaints were disposed of, including those, if any, that were disposed of through the reconciliation process with Indigenous peoples, 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) The report must contain information respecting the Commission’s performance in relation to the service standards established under subsection 8 (1).
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Protection of confidential information 15 (1) The Commission must, when preparing a summary referred to in subsection 12 (1) or 28 (7), an annual report referred to in section 13 , or a report referred to in subsection 57 (2), 58 (2) or 64 (3), take the steps that it considers necessary to ensure that the report or summary does not contain (a) information referred to in subsection (2) the disclosure of which would be injurious to national security, national defence or international relations or would compromise or seriously hinder the administration or enforcement of program legislation or the investigation or prosecution of any offence; or (b) information referred to in subsection (2) that is subject to solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege. Description of information (2) The information described in subsection (1) is any information that the Commission obtained — or is created from information that it obtained — under this Part.
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Right of access 16 (1) Subject to sections 17 and 19 , the Commission is entitled to have access to any information under the control, or in the possession, of the RCMP or the Agency that the Commission considers is relevant to the exercise of its powers, or the performance of its duties and functions, under this Part and Part 2. Duty to comply (2) If access is requested under subsection (1), the RCMP or the Agency, as the case may be, must comply with the request within the prescribed time following the day on which the request is made. Access to records (3) The entitlement to access includes the right to examine all or any part of a record and to be given a copy of all or any part of a record. Identification (4) If the Commissioner or the President is of the opinion that the disclosure of any information referred to in subsection (1), other than privileged information , as defined in subsection 17 (1), to any person or entity, other than a member, officer or employee of the Commission or a person acting on its behalf, gives rise to a risk of serious harm to a person, the Commissioner or President, as the case may be, must identify the information to the Commission when providing the Commission with access to the information. Application (5) Except as provided by any other Act of Parliament that expressly refers to this section, this section applies despite any other Act of Parliament.
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ciples and procedures respecting access to information under subsection (2) and principles and procedures to protect that information. Publication (7.1) The Chairperson must publish any memorandum of understanding entered into on the website of the Commission. Application (8) Except as provided by any other Act of Parliament that expressly refers to this section, this section, or any regulation made under paragraph 87 (c), applies despite any other Act of Parliament. For greater certainty (9) For greater certainty, the disclosure to the Commission under this section of any information that is subject to solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege does not constitute a waiver of those privileges or that secrecy.
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Documents and explanations 18 The Commission is entitled to receive from any member , as defined in subsection 2(1) of the Royal Canadian Mounted Police Act , any person appointed or employed under Part I of that Act or any officer or employee of the Canada Border Services Agency any documents and explanations that the Commission considers necessary for the exercise of its powers and the performance of its duties and functions under this Part.
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Exceptions 19 (1) Despite section 17 , the Commission is not entitled to have access to information under the control, or in the possession, of the RCMP or the Agency if the information reveals (a) information relating to a request made by 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 for legal assistance or indemnification from Her Majesty in right of Canada; (b) information relating to a request made by an officer or employee of the Canada Border Services Agency for legal assistance or indemnification from Her Majesty in right of Canada; (c) communications referred to in subsection 47.1(2) of the Royal Canadian Mounted Police Act ; (d) information that is subject to solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege and that relates to the provision of advice 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 when the privilege or secrecy may be claimed by the member or other person and not the RCMP; (e) information that is subject to solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege and that relates to the provision of advice to an officer or employee of the Canada Border Services Agency when the privilege or secrecy may be claimed by the officer or employee and not the Agency; (f) information that is subject to solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege when the privilege or secrecy may be claimed by the RCMP or the Agency and that relates to the RCMP’s or the Agency’s dealings with the Commission, including (i) legal opinions relating to the way in which the RCMP or the Agency should conduct itself in regard to the Commission, and (ii) minutes of meetings held by the RCMP or the Agency relating to the way in which it should conduct itself in regard to the Commission; (g) any report prepared for the Commissioner in respect of a meeting held or to be held between the Commission and the RCMP and containing analysis or advice relating to the meeting; and (h) any report prepared for the President in respect of a meeting held or to be held between the Commission and the Agency and containing analysis or advice relating to the meeting. Exception — confidences (2) Nothing in this Part authorizes a person to disclose to the Commission a confidence of the Queen’s Privy Council for Canada in respect of which subsection 39(1) of the Canada Evidence Act applies, and the Commission may not use the confidence if it is disclosed.