Public Complaints and Review Commission Act

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• 1Short title

  This Act may be cited as the Public Complaints and Review Commission Act.

• 2Definitions
• 2(1)

  The following definitions apply in this Act.

• 2(1)[p3]

  Agency means the Canada Border Services Agency. (Agence)

• 2(1)[p4]

  CBSA employee means any person who is or was an officer or employee of the Agency. (employé de l’ASFC )

• 2(1)[p5]

  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)

• 2(1)[p6]

  Commission means the Public Complaints and Review Commission established by subsection 3(1). (Commission)

• 2(1)[p7]

  Commissioner means the Commissioner of the Royal Canadian Mounted Police. (commissaire)

• 2(1)[p8]

  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 )

• 2(1)[p9]

  Minister means the Minister of Public Safety and Emergency Preparedness. (ministre)

• 2(1)[p10]

  President means the President of the Agency. (président)

• 2(1)[p11]

  proceedings means any investigation or hearing conducted by the Commission with respect to a complaint made under Part 2 or 3. (procédure)

• 2(1)[p12]

  program legislation has the same meaning as in section 2 of the Canada Border Services Agency Act. (législation frontalière)

• 2(1)[p13]

  RCMP means the Royal Canadian Mounted Police. (Gendarmerie)

• 2(1)[p14]

  RCMP employee means any person who is or was

• 2(1)[p14](a)

  a member, as defined in subsection 2(1) of the Royal Canadian Mounted Police Act; or

• 2(1)[p14](b)

  a person appointed or employed under Part I of that Act. (employé de la GRC)

• 2(2)Designation

  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.

• 2(3)Complaints regarding level of service — RCMP

  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.

• 2(4)Provincial ministers not RCMP employees

  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.

• 2(5)Complaints regarding level of service — Agency

  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.

• 2(6)Deeming

  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.

• 3Establishment
• 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.

• 3(1.1)Diversity and other factors

  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.

• 3(2)Ineligibility

  A person is not eligible to be a member of the Commission, including the Chairperson or the Vice-chairperson, if that person

• 3(2)(a)

  is or was a member, as defined in subsection 2(1) of the Royal Canadian Mounted Police Act;

• 3(2)(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

• 3(2)(c)

  is not a Canadian citizen or a permanent resident, as defined in subsection 2(1) of the Immigration and Refugee Protection Act.

• 3(3)Reappointment

  A member of the Commission is eligible for reappointment on the expiry of that member’s term of office.

• 4Full- 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.

• 4(2)Tenure

  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.

• 4(3)Remuneration

  Members of the Commission are to be paid the remuneration that is to be determined by the Governor in Council.

• 4(4)Travel, living and other expenses

  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.

• 4(5)Application of Public Service Superannuation Act

  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.

• 4(6)Application of other Acts

  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.

• 5Chairperson
• 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.

• 5(2)Meetings

  The Chairperson presides at meetings of the Commission.

• 5(3)Delegation

  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).

• 5(4)Absence or incapacity

  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.

• 6Head 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.

• 6(2)Regional offices

  The Commission may establish an office in any region of Canada.

• 6(3)Staff

  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.

• 6(4)Technical assistance

  The Commission may, with Treasury Board’s approval,

• 6(4)(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

• 6(4)(b)

  fix and pay the remuneration and expenses of persons engaged under paragraph (a).

• 7Powers, duties and functions of Commission

  The Commission must exercise the powers and perform the duties and functions that are assigned to it by this Act.

• 8Service 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.

• 8(2)Service standards respecting time limits

  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.

• 9Education and information

  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.

• 10Rules
• 10(1)

  Subject to the provisions of this Act and the regulations, the Commission may make rules respecting

• 10(1)(a)

  the sittings of the Commission;

• 10(1)(b)

  the fixing of the quorum for the performance of the Commission’s duties and functions;

• 10(1)(c)

  the manner of dealing with matters and business before the Commission generally, including the practice and procedure before the Commission;

• 10(1)(d)

  the apportionment of the Commission’s work among its members; and

• 10(1)(e)

  the performance of the duties and functions of the Commission generally.

• 10(2)Publication of proposed rules

  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.

• 10(3)Modification after publication

  A proposed rule need not be published more than once, whether or not it has been amended as a result of any representations.

• 11Protection
• 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.

• 11(2)Observer

  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.

• 11(3)No summons

  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.

• 12Special 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.

• 12(2)Copy

  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.

• 12(3)Summary to be made public

  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.

• 12(4)Exemption

  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.

• 13Annual 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.

• 13(2)Contents

  The report referred to in subsection (1) must

• 13(2)(a)

  contain information respecting the Commission’s performance in relation to the service standards established under section 8;

• 13(2)(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;

• 13(2)(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;

• 13(2)(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;

• 13(2)(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;

• 13(2)(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);

• 13(2)(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

• 13(2)(g)

  contain information prescribed by the regulations.

• 14Annual 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.

• 14(2)Performance in relation to time limits

  The report must contain information respecting the Commission’s performance in relation to the service standards established under subsection 8(1).

• 15Protection 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

• 15(1)(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

• 15(1)(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.

• 15(2)Description of information

  The information described in subsection (1) is any information that the Commission obtained — or is created from information that it obtained — under this Part.

• 16Right 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.

• 16(2)Duty to comply

  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.

• 16(3)Access to records

  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.

• 16(4)Identification

  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.

• 16(5)Application

  Except as provided by any other Act of Parliament that expressly refers to this section, this section applies despite any other Act of Parliament.

• 17Definition of privileged information
• 17(1)

  In this section and sections 19 to 26, privileged information means information that is subject to any type of privilege or confidentiality that exists and may be claimed, including

• 17(1)(a)

  information that is subject to solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege;

• 17(1)(b)

  information that is subject to informer privilege;

• 17(1)(c)

  information the disclosure of which is described in subsection 11(1) of the Witness Protection Program Act;

• 17(1)(d)

  special operational information, as defined in subsection 8(1) of the Security of Information Act;

• 17(1)(e)

  information or intelligence that is similar in nature to information or intelligence referred to in any of paragraphs (a) to (f) of the definition special operational information in subsection 8(1) of the Security of Information Act and that is in relation to, or is received from, any police force or Interpol or other similar international police organization;

• 17(1)(f)

  medical information, including information from mental health care professionals, about 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; and

• 17(1)(g)

  medical information about an officer or employee of the Canada Border Services Agency.

• 17(2)Access to privileged information

  Despite any privilege or confidentiality that exists and may be claimed in relation to any information, the Commission is entitled to have access to

• 17(2)(a)

  privileged information, including information subject to solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege, under the control, or in the possession, of the RCMP or the Agency if that information is relevant and necessary to the matter before the Commission when it is conducting a review under subsection 28(1) or (2) or section 29; and

• 17(2)(b)

  privileged information, other than information subject to solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege, under the control, or in the possession, of the RCMP or the Agency if that information is relevant and necessary to the matter before the Commission when it is conducting an investigation, review or hearing under Part 2.

• 17(3)Access to records

  The entitlement to access includes the right to examine all or any part of a record and, subject to the Commissioner’s or President’s approval, to be given a copy of all or any part of a record.

• 17(4)Request for information

  If the Commission is entitled to have access to information under subsection (2) that is under the control, or in the possession, of the RCMP or the Agency, the Commission may make a request to the Commissioner or President, as the case may be, that the information be provided to the Commission.

• 17(5)Provision of information

  After the Commissioner or President receives the request, he or she must provide or cause to be provided to the Commission, within the prescribed time, the requested information to which it is entitled to have access under subsection (2).

• 17(6)Refusal and reasons

  If the Commissioner or President refuses access to privileged information sought by the Commission under this section, the Commissioner or President, as the case may be, must, without disclosing the privileged information,

• 17(6)(a)

  indicate to the Commission why the privileged information is not relevant or necessary to the matter before the Commission; and

• 17(6)(b)

  provide the Commission with information about the nature and date of the privileged information.

• 17(7)Memorandum of understanding

  The Chairperson, the Commissioner and the President, or the Chairperson and either of them, may enter into a memorandum of understanding setting out principles and procedures respecting access to information under subsection (2) and principles and procedures to protect that information.

• 17(7.1)Publication

  The Chairperson must publish any memorandum of understanding entered into on the website of the Commission.

• 17(8)Application

  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.

• 17(9)For greater certainty

  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.

• 18Documents and explanations

  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.

• 19Exceptions
• 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

• 19(1)(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;

• 19(1)(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;

• 19(1)(c)

  communications referred to in subsection 47.1(2) of the Royal Canadian Mounted Police Act;

• 19(1)(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;

• 19(1)(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;

• 19(1)(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

• 19(1)(f)(i)

  legal opinions relating to the way in which the RCMP or the Agency should conduct itself in regard to the Commission, and

• 19(1)(f)(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;

• 19(1)(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

• 19(1)(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.

• 19(2)Exception — confidences

  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.

• 20Exception

  The Commission is not entitled to have access to

• 20(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

• 20(b)

  commercial information that Canada has committed under an international agreement to keeping confidential.

• 21Use of privileged information

  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.

• 22Protection of information
• 22(1)

  The Commission may, by regulation, establish measures to protect the information under its control or in its possession.

• 22(2)Consultation and approval

  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.

• 22(3)Time limit

  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.

• 22(4)Regulations

  The Governor in Council may make regulations respecting measures to protect the information under the control, or in the possession, of the Commission.

• 22(5)Conflict or inconsistency

  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.

• 22(6)Duty to comply with regulations

  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).

• 23Security requirements

  Every member, employee and officer of the Commission and every other person acting on its behalf must

• 23(a)

  obtain and maintain the necessary security clearance from the Government of Canada and take the oath of secrecy prescribed by regulation;

• 23(b)

  comply with all security requirements under this Part and the Security of Information Act; and

• 23(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.

• 24Safeguards — 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

• 24(1)(a)

  the person or entity will take reasonable measures to protect that information;

• 24(1)(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

• 24(1)(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.

• 24(2)Duties to comply

  Every person who has received information under this section must comply with the regulations made under paragraph 87(b).

• 25Disclosure 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.

• 25(2)Authorized disclosure

  Every person who is otherwise prohibited under subsection (1) from disclosing privileged information may, if authorized by the Chairperson, disclose that information

• 25(2)(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;

• 25(2)(b)

  to the Minister other than in an annual report referred to in section 13;

• 25(2)(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

• 25(2)(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.

• 25(3)Disclosure of privileged information — proceedings

  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).

• 25(4)Application

  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.

• 25(5)Application

  This section applies despite subsection 13(1) of the Auditor General Act and subsection 79.4(1) of the Parliament of Canada Act.

• 26Use 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,

• 26(1)(a)

  use information obtained by the Commission under this Act relating to a complaint if

• 26(1)(a)(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,

• 26(1)(a)(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

• 26(1)(a)(iii)

  the information is used solely for the purpose of dealing with the complaint or initiating the complaint; and

• 26(1)(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

• 26(1)(b)(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

• 26(1)(b)(ii)

  the information is used solely for the purposes of the review referred to in subparagraph (i).

• 26(2)Opportunity to make representations

  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.

• 27Disclosure prohibited

  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.

• 28Review 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.

• 28(2)Review and report

  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.

• 28(3)Condition

  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.

• 28(4)Notice

  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.

• 28(5)Policies, procedures and guidelines

  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.

• 28(6)Copy of report to provincial ministers

  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.

• 28(7)Summary of report

  The Commission must make public a summary of every report.

• 28(8)Opportunity to make comments

  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.

• 29Review 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.

• 29(2)Report

  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.

• 29(3)Findings and recommendations

  The Commission must include in its report any findings and recommendations that the Commission sees fit regarding

• 29(3)(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

• 29(3)(b)

  the adequacy, appropriateness, sufficiency or clarity of any policy, procedure or guideline relating to the operation of the RCMP.

• 30Joint reviews

  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.

• 31National security
• 31(1)

  The Commission does not have jurisdiction to conduct a review of an activity that is related to national security.

• 31(2)Referral

  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.

• 32Powers
• 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).

• 32(2)Application

  Subsections 50(2) to (6) apply, with any necessary modifications, to the exercise of the powers by the Commission under subsection (1).

• 33Complaints
• 33(1)

  Any individual or third party may make a complaint concerning 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, at the time that the conduct is alleged to have occurred, was an RCMP employee.

• 33(2)Complaints

  Any individual or third party may make a complaint concerning 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, at the time that the conduct is alleged to have occurred, was a CBSA employee.