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FederalDid not become law (session ended)43rd Parliament, 1st Session

Bill C-3 explained in plain English

An Act to amend the Royal Canadian Mounted Police Act and the Canada Border Services Agency Act and to make consequential amendments to other Acts

Federal Parliament bill summary, status, timeline, sponsor, votes, and official sources.

At a glance

Jurisdiction
Federal Parliament
Legislature / Parliament
Parliament of Canada
Session
43rd Parliament, 1st Session
Bill number
Bill C-3
Full title
An Act to amend the Royal Canadian Mounted Police Act and the Canada Border Services Agency Act and to make consequential amendments to other Acts
Current status
Did not become law (session ended)
Latest event
At second reading in the House of Commons
Last updated
Feb 21, 2020
Sponsor

Official Parliament of Canada snapshot for 43rd Parliament, 1st Session. MP vote breakdowns appear when the House of Commons publishes a recorded division export for that bill. Senate and House stage details include official debate/sitting links when LEGISinfo publishes them.

Chamber
Parliament of Canada
Current Stage
At second reading in the House of Commons
Latest Activity
Feb 21, 2020
Sponsor
Plain-language explanation
In plain English (our explanation)

Our plain-language take, written for civic education.

Source: By PoliticalData.ca

AI-assisted, reviewed before publishing
Short Version

Bill C-3 renames the RCMP's civilian complaint body and gives it new powers to review and investigate complaints about the Canada Border Services Agency.

What It Means

Bill C-3 makes changes to how the federal government handles complaints about the Royal Canadian Mounted Police (RCMP) and the Canada Border Services Agency (CBSA). The bill renames the "Civilian Review and Complaints Commission for the Royal Canadian Mounted Police" to the "Public Complaints and Review Commission." This renamed Commission will now handle complaints about both the RCMP and the CBSA. The bill gives the Commission new powers regarding the CBSA. The Commission can now: - Review CBSA activities to ensure they follow the law and agency policies - Investigate complaints about CBSA officers and employees - Conduct public hearings into complaints - Make findings and recommendations The bill also sets rules for how CBSA can contract with provinces to detain people. Before entering such agreements, the Minister must be satisfied that the province has an independent person or body to receive complaints about detention treatment and conditions. In urgent situations, an agreement can be made without this requirement, but only with the Minister's approval. The Commission must share information with the National Security and Intelligence Review Agency when complaints involve national security issues. The Commission can also share relevant information between RCMP and CBSA investigations in certain circumstances. The bill also makes related changes to many other federal laws to update references from the old Commission name to the new one, including the Access to Information Act, Privacy Act, Financial Administration Act, and others. The bill does not specify when it comes into force—this will be decided by order of the Governor in Council at a later date.

What This Bill Does
  • Renames the 'Civilian Review and Complaints Commission for the Royal Canadian Mounted Police' to the 'Public Complaints and Review Commission'
  • Gives the Commission authority to review Canada Border Services Agency (CBSA) activities for compliance with law, ministerial directions, and agency policies
  • Gives the Commission authority to investigate complaints about CBSA officers and employees
  • Establishes a complaint process for individuals regarding CBSA officer and employee conduct, including informal resolution and formal investigation options
  • Allows the Commission to conduct public hearings into CBSA complaints with certain in-camera exceptions for sensitive information
  • Allows complaints to be made to the Commission or CBSA itself, with a 60-day referral period if the complainant is dissatisfied with CBSA's handling
  • Requires the Commission to make public summaries of review reports and hearing findings
  • Requires the Commission to publish annual reports to Parliament on CBSA complaints and serious incidents
  • Restricts CBSA from entering into provincial detention agreements unless the province has an independent complaint mechanism, except in urgent situations with ministerial approval
  • Allows information sharing between RCMP and CBSA investigations when events involve both agencies
  • Requires CBSA to notify the Commission of serious incidents (deaths or serious injuries resulting from officer/employee actions, or offences the Minister deems in the public interest to investigate)
  • Gives the National Security and Intelligence Review Agency authority to investigate complaints involving national security related to CBSA
  • Updates references in multiple federal statutes (Access to Information Act, Privacy Act, Financial Administration Act, Security of Information Act, Canada Evidence Act, Public Sector Compensation Act, National Security and Intelligence Committee of Parliamentarians Act, National Security and Intelligence Review Agency Act, and Avoiding Complicity in Mistreatment by Foreign Entities Act) to use the new Commission name
  • Creates offences for failing to comply with Commission summonses, harassing complainants or witnesses, obstructing investigations, or destroying relevant documents, with penalties up to 5 years imprisonment
Who Is Affected
  • Individuals who are arrested, detained, or interact with CBSA officers or employees and wish to make complaints about their conduct
  • Individuals detained on behalf of CBSA under provincial agreements who want to complain about their treatment or detention conditions
  • CBSA officers and employees whose conduct may be subject to complaints or investigations
  • The Public Complaints and Review Commission (renamed from Civilian Review and Complaints Commission for the RCMP), which now has expanded jurisdiction over CBSA
  • Provincial governments entering into detention agreements with CBSA, which must now have independent complaint mechanisms in place
  • The RCMP, which continues under the Commission's oversight with modified procedures
  • The Canada Border Services Agency and its President, who now face Commission review and investigation authority
  • The Minister of Public Safety and Emergency Preparedness, who oversees both the RCMP and CBSA
  • The National Security and Intelligence Review Agency, which gains authority over CBSA national security complaints
  • Witnesses who may be summoned by the Commission to provide evidence
  • Parliament, which receives annual reports on Commission activities related to both RCMP and CBSA
Rights, Duties, Or Obligations
  • Individuals have the right to make complaints about CBSA officer or employee conduct to the Commission or directly to CBSA
  • Individuals detained by CBSA must be informed of their right to complain and how to make a complaint, as soon as feasible
  • Individuals detained on behalf of CBSA under provincial agreements must be informed of their right to complain to provincial authorities about their treatment and detention conditions
  • The Commission must jointly establish service standards with CBSA for complaint timelines and must publish standards related to complainant communications
  • The Commission must make public summaries of review reports and hearing findings (with 15-day delay after providing summaries to the Minister and President)
  • The Commission must give the CBSA President an opportunity to comment on findings before publishing summaries
  • The Commission must provide annual reports to Parliament detailing CBSA complaints, serious incidents, and performance against service standards
  • The Commission must conduct investigations or hearings in public unless national security, law enforcement, personal affairs, or other sensitive circumstances warrant in-camera proceedings
  • CBSA must establish joint service standards with the Commission for complaint handling timelines
  • CBSA must notify the Commission of serious incidents as soon as feasible after becoming aware of them
  • CBSA must notify police forces with jurisdiction of serious incidents
  • CBSA must provide the Commission with information about complaints made to provincial authorities regarding detention treatment and conditions under provincial agreements
  • CBSA must provide the Commission with copies of provincial monitoring reports containing findings or recommendations
  • Provincial governments can only enter into detention agreements with CBSA if they have an independent complaint mechanism in place (unless urgent circumstances exist with ministerial approval)
  • CBSA cannot enter into or continue detention agreements with provinces lacking independent complaint mechanisms, except in urgent situations with ministerial approval
  • The Commission must establish and maintain records of all complaints
  • The Commission has the power to summon witnesses and compel evidence, similar to superior court powers
  • Witnesses summoned by the Commission cannot refuse to answer on grounds of self-incrimination, but evidence can only be used in limited circumstances
  • Persons acting on the Commission's behalf have immunity from criminal, civil, or administrative action for anything done in good faith in exercise of their duties
  • Commission members, officers, and employees are protected from being compelled to testify about matters learned through their duties, except in criminal prosecutions or breaches of the Security of Information Act
  • Information disclosed to the Commission maintains protection if subject to solicitor-client privilege or litigation privilege
  • The Commission can share relevant information with RCMP investigations involving shared events with both agencies present
  • Information obtained by the Commission may only be used for the purposes authorized under the bill and cannot be disclosed without Chairperson approval and safeguards
Important Dates
  • The bill does not specify a date when it comes into force. The bill states: 'The provisions of this Act come into force on a day or days to be fixed by order of the Governor in Council.' This means the Government will decide the commencement date through an order after the bill is passed.
Enforcement Or Penalties
  • Failure to attend when summoned as a witness: summary conviction offence, fine up to $5,000 or imprisonment up to 6 months, or both
  • Refusal to take oath, produce documents, or answer questions when summoned: summary conviction offence, fine up to $5,000 or imprisonment up to 6 months, or both
  • Insulting or threatening language or causing interference/disturbance during proceedings: summary conviction offence, fine up to $5,000 or imprisonment up to 6 months, or both
  • Publishing observations or words intended to dissuade witnesses: summary conviction offence, fine up to $5,000 or imprisonment up to 6 months, or both
  • Harassing, intimidating, or threatening anyone to prevent complaint-making: indictable offence up to 5 years imprisonment, or summary conviction fine up to $5,000 or imprisonment up to 6 months, or both
  • Harassing, intimidating, or threatening complainants, witnesses, or those performing duties: indictable offence up to 5 years imprisonment, or summary conviction fine up to $5,000 or imprisonment up to 6 months, or both
  • Wilfully obstructing Commission work or making false/misleading statements: indictable offence up to 5 years imprisonment, or summary conviction fine up to $5,000 or imprisonment up to 6 months, or both
  • Destroying, mutilating, altering, falsifying, or concealing documents relevant to investigations or hearings: indictable offence up to 5 years imprisonment, or summary conviction fine up to $5,000 or imprisonment up to 6 months, or both
  • Directing, counselling, or proposing that others commit offences under the bill: indictable offence up to 5 years imprisonment, or summary conviction fine up to $5,000 or imprisonment up to 6 months, or both
  • Disclosing confidential information obtained by the Commission without authorization: summary conviction offence, fine up to $5,000 or imprisonment up to 6 months, or both (defence available if person exercised due diligence)
  • Summary conviction proceedings must be instituted within 2 years of when the subject matter arose
Uncertainties Or Limits
  • The bill does not specify the exact date the changes take effect—this will be determined by future Governor in Council order
  • The scope of 'serious injury' is not defined in the bill; instead, it will be defined by future Governor in Council regulations
  • The bill allows for regulations to be made on multiple matters (service standards, use of information, informal resolution categories, witness fees, complaint withdrawal procedures, representations, joint reviews, offences) but does not specify what these regulations will contain
  • The bill states the Commission must 'take the steps that it considers necessary' to protect confidential information in reports but does not prescribe specific redaction standards
  • The bill does not specify how the Commission will determine whether conducting a review 'on its own initiative' would compromise the handling of complaints
  • The process for determining whether provincial detention agreements have 'independent' complaint mechanisms is not defined in the bill
  • The bill does not specify timelines for CBSA to notify the Commission of serious incidents, only that it must be 'as soon as feasible'
  • The definition of 'similar activity' for purposes of sharing information between RCMP and CBSA investigations is not provided
  • The bill does not specify how the Commission will manage potential conflicts between its RCMP and CBSA mandates
  • The bill refers to regulations respecting 'measures' that CBSA must take to protect information but does not specify what these measures should include
  • The role and interaction between the Commission and provincial complaint bodies in joint reviews is addressed only in principle; specifics will be in future regulations
Laws Or Regulations Affected
Royal Canadian Mounted Police Act
amended

The Commission definition is changed to refer to the 'Public Complaints and Review Commission' instead of the 'Civilian Review and Complaints Commission for the Royal Canadian Mounted Police'. Part VI heading is changed accordingly. The Commission structure is adjusted to consist of a Chairperson, Vice-chairperson, and up to three other members. New rules are added requiring public summaries of review reports, requiring the Commissioner to have an opportunity to comment before summaries are published, and requiring joint service standards with the RCMP for complaint timelines. The Commission gains authority to share information with CBSA investigations when shared events involve both RCMP members and CBSA officers/employees.

Source: Clauses 1-10

Canada Border Services Agency Act
amended

A new Part 2 is added establishing the Public Complaints and Review Commission's powers over CBSA. The Commission can review CBSA activities for compliance with law and policy, investigate complaints about CBSA officers and employees, conduct public hearings, and make findings and recommendations. A complaints process is established allowing individuals to complain about CBSA officer/employee conduct. Procedures include informal resolution options, formal investigation by CBSA, and Commission review if complainants are dissatisfied. The Commission must establish joint service standards with CBSA for complaint handling timelines. CBSA must notify the Commission of serious incidents. National security complaints are referred to the National Security and Intelligence Review Agency. New restrictions are placed on CBSA detention agreements with provinces, requiring independent provincial complaint mechanisms unless urgent. Information sharing rules are established between CBSA and RCMP investigations involving both agencies.

Source: Clauses 12-15

Access to Information Act
amended

Schedule I is updated to remove the old Commission name and add the new 'Public Complaints and Review Commission' name under 'Other Government Institutions'

Source: Clauses 16-17

Canada Evidence Act
amended

Item 22 of the schedule is updated to reference the Public Complaints and Review Commission and to specify its authority relates to both the RCMP Act and CBSA Act, rather than just the RCMP Act

Source: Clause 18

Financial Administration Act
amended

Schedules I.1, IV, and VI are updated to replace references to the old Commission name with the new 'Public Complaints and Review Commission', maintaining the reference to the Minister of Public Safety and Emergency Preparedness and the Chairperson as the designated authority

Source: Clauses 19-24

Security of Information Act
amended

The schedule is updated to replace the old Commission name with the new 'Public Complaints and Review Commission'

Source: Clauses 25-26

Privacy Act
amended

The schedule is updated to remove the old Commission name and add the new 'Public Complaints and Review Commission' under 'Other Government Institutions'

Source: Clauses 27-28

Public Sector Compensation Act
amended

Schedule I is updated to remove the old Commission name and add the new 'Public Complaints and Review Commission' under 'Other Portions of the Public Service'

Source: Clauses 29-30

National Security and Intelligence Committee of Parliamentarians Act
amended

References to the Commission are updated from the old name to the new 'Public Complaints and Review Commission'. The Committee is authorized to provide information to the Commission related to CBSA in addition to RCMP matters.

Source: Clauses 31-33

National Security and Intelligence Review Agency Act
amended

The definition of 'deputy head' is expanded to include the President of CBSA for purposes of the Act. The definition of 'review body' is updated to reference the new Commission name. The Review Agency's mandate is expanded to include investigating complaints referred under the CBSA Act. The Review Agency gains access to Commission information related to CBSA complaints. The Review Agency can provide information to the Commission related to both RCMP and CBSA activities. The Review Agency must report on CBSA complaints as well as RCMP complaints.

Source: Clauses 34-39

Avoiding Complicity in Mistreatment by Foreign Entities Act
amended

References are updated from the old Commission name to the new 'Public Complaints and Review Commission' where applicable. Deputy heads must provide copies of directions and reports to the Commission when applicable.

Source: Clauses 40-41

Generated using AI from official bill text. Not legal advice. It is written by PoliticalData.ca for civic education, automatically checked and spot-reviewed before publishing.

Official text
Official summary
Official summary (Parliament of Canada)

The official summary published alongside the bill, shown exactly as written.

Source: Parliament of Canada (LEGISinfo)

Third-party sourceView on LEGISinfo

A legislative summary is currently being prepared for this bill by the Parliamentary Information and Research Service of the Library of Parliament. Meanwhile, the following executive summary is available. On 27 January 2020, the Minister of Public Safety and Emergency Preparedness introduced Bill C-3, An Act to amend the Royal Canadian Mounted Police Act and the Canada Border Services Agency Act and to make consequential amendments to other Acts, in the House of Commons and it was given first reading. Bill C-3 amends the Royal Canadian Mounted Police Act to, among other things, rename the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police as the Public Complaints and Review Commission. It also amends the Canada Border Services Agency Act to, among other things, grant to that Commission powers, duties and functions in relation to the Canada Border Services Agency, including the power to conduct a review of the activities of that Agency and to investigate complaints concerning the conduct of any of that Agency’s officers or employees. It also makes consequential amendments to other Acts.

This is the official summary published by the Parliament of Canada, shown verbatim. Not legal advice. PoliticalData.ca did not write or edit this text.

View on LEGISinfo

Parliamentary Process

Step 1
First reading
Not reached yet
Not reached

We don't have a plain-language summary for First reading yet. The official source linked below is the full record.

Step 2
Second reading
Not reached yet
Not reached

We don't have a plain-language summary for Second reading yet. The official source linked below is the full record.

Step 3
Third reading
Not reached yet
Not reached

We don't have a plain-language summary for Third reading yet. The official source linked below is the full record.

Step 1
First reading
Jan 27, 2020
Completed

Bill C-3 completed its First Reading in the House of Commons on January 27, 2020, and subsequently proceeded to Second Reading where debates took place.

Introduction and first reading, Jan 27, 2020
End of stage activity, Jan 27, 2020
Chamber sittings
Introduction and first reading - Jan 27, 2020

On January 27, 2020, Bill C-3 was introduced and read for the first time in the House of Commons, followed by continued debate on the Speech from the Throne.

Step 2
Second reading
Feb 21, 2020
Not completed

Bill C-3 is at the second reading stage in the House of Commons, with debates and speeches having taken place in late January and February 2020.

Chamber sittings
Debate at second reading - Jan 29, 2020

The House of Commons debated Bill C-3 at second reading, discussed various topical issues during oral question period, and addressed procedural matters and petitions during a sitting on January 29, 2020.

During the second reading debate of Bill C-3, the government introduced legislation to create an independent review body for complaints against the Canada Border Services Agency, aiming to increase accountability and public trust.

During a House of Commons debate on Bill C-3, members discussed the proposed establishment of an independent oversight body for the Canada Border Services Agency, with general support for the principle but specific concerns raised about its implementation.

During the House of Commons second reading debate on January 29, 2020, Bill C-3 was introduced to establish an independent civilian review body for the Canada Border Services Agency, expanding the mandate of an existing RCMP oversight commission.

During the second reading debate of Bill C-3, the House of Commons discussed the establishment of an independent review and complaints mechanism for the Canada Border Services Agency, aiming to enhance accountability and public trust.

Debate at second reading - Feb 6, 2020

During the second reading debate of the CUSMA Implementation Act, Members of Parliament from multiple parties discussed various provisions of the agreement, including its impact on Canadian industries and the negotiation process.

Debate at second reading - Feb 7, 2020

During a House of Commons debate on Bill C-3, members discussed the importance of establishing an independent review commission for the Canada Border Services Agency to enhance accountability and public trust.

Debate at second reading - Feb 21, 2020

During a House of Commons debate on Bill C-3, which proposes civilian oversight for the Canada Border Services Agency, Members of Parliament discussed the bill's provisions alongside the ongoing national protests and the government's response.

Step 3
Consideration in committee
Not reached yet
Not reached

We don't have a plain-language summary for Consideration in committee yet. The official source linked below is the full record.

Step 4
Report stage
Not reached yet
Not reached

We don't have a plain-language summary for Report stage yet. The official source linked below is the full record.

Step 5
Third reading
Not reached yet
Not reached

We don't have a plain-language summary for Third reading yet. The official source linked below is the full record.

Debate and sitting links point to official parliamentary sources when LEGISinfo publishes them. Any plain-language discussion summaries should be generated from those official texts and reviewed before public display.

Vote Summary

No published recorded division

This bill is still active. We only show vote counts after the legislature publishes a recorded division.

Sponsor
Bill Blair
Sponsor party or district not listed
Jurisdiction
Federal Parliament

No published representative vote breakdown

This bill is still moving through the process. When a recorded division is published, representative positions can be listed here.

Official sources

Status, sponsor, votes, and timeline on this page are drawn from these official legislative sources and public records. Each summary above is attributed to its own source.

How this data is sourced