Marginal note:Written complaint
45 A complaint under this Part shall be made to the Review Committee in writing unless the Committee authorizes otherwise.
- 1984, c. 21, s. 45.
Marginal note:Statement and notice of hearing to be sent to the complainant
46 The Review Committee shall, as soon as practicable after receiving a complaint made under section 42, send to the complainant a statement summarizing such information available to the Committee as will enable the complainant to be as fully informed as possible of the circumstances giving rise to the denial of the security clearance and shall send a copy of the statement to the Director and the deputy head concerned.
- 1984, c. 21, s. 46.
Marginal note:Notice of intention to investigate
47 Before commencing an investigation of a complaint referred to in paragraph 38(c) other than an investigation under section 41, the Review Committee shall notify the Director and, where applicable, the deputy head concerned of its intention to carry out the investigation and shall inform the Director and the deputy head of the substance of the complaint.
- 1984, c. 21, s. 47.
Marginal note:Investigations in private
Marginal note:Right to make representations
(2) In the course of an investigation of a complaint under this Part by the Review Committee, the complainant, deputy head concerned and the Director shall be given an opportunity to make representations to the Review Committee, to present evidence and to be heard personally or by counsel, but no one is entitled as of right to be present during, to have access to or to comment on representations made to the Review Committee by any other person.
- 1984, c. 21, s. 48.
Marginal note:Canadian Human Rights Commission may comment
49 In the course of an investigation of a complaint under this Part, the Review Committee shall, where appropriate, ask the Canadian Human Rights Commission for its opinion or comments with respect to the complaint.
- 1984, c. 21, s. 49.
Marginal note:Powers of Review Committee
50 The Review Committee has, in relation to the investigation of any complaint under this Part, power
(a) to summon and enforce the appearance of persons before the Committee and to compel them to give oral or written evidence on oath and to produce such documents and things as the Committee deems requisite to the full investigation and consideration of the complaint in the same manner and to the same extent as a superior court of record;
(b) to administer oaths; and
(c) to receive and accept such evidence and other information, whether on oath or by affidavit or otherwise, as the Committee sees fit, whether or not that evidence or information is or would be admissible in a court of law.
- 1984, c. 21, s. 50.
Marginal note:Evidence in other proceedings
51 Except in a prosecution of a person for an offence under section 133 of the Criminal Code (false statements in extra-judicial proceedings) in respect of a statement made under this Act, evidence given by a person in proceedings under this Part and evidence of the existence of the proceedings are inadmissible against that person in a court or in any other proceedings.
- 1984, c. 21, s. 51.
Marginal note:Report of findings
(a) on completion of an investigation in relation to a complaint under section 41, provide the Minister and the Director with a report containing the findings of the investigation and any recommendations that the Committee considers appropriate; and
(b) at the same time as or after a report is provided pursuant to paragraph (a), report the findings of the investigation to the complainant and may, if it thinks fit, report to the complainant any recommendations referred to in that paragraph.
(2) On completion of an investigation in relation to a complaint under section 42, the Review Committee shall provide the Minister, the Director, the deputy head concerned and the complainant with a report containing any recommendations that the Committee considers appropriate, and those findings of the investigation that the Committee considers it fit to report to the complainant.
- 1984, c. 21, s. 52.
Marginal note:Annual reports
53 (1) The Review Committee shall, not later than September 30 in each fiscal year, submit to the Minister a report of the activities of the Committee during the preceding fiscal year and the Minister shall cause the report to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the day the Minister receives it.
Marginal note:Additional information
(2) In addition, the report shall specify the number of warrants issued under section 21.1 in the fiscal year and the number of applications for warrants made under that section that were refused in that year.
- R.S., 1985, c. C-23, s. 53;
- R.S., 1985, c. 1 (4th Supp.), s. 7;
- 2015, c. 20, s. 51.
Marginal note:Minister’s briefings
54 (1) At least once a year, and at any other time at the Minister’s request, the Review Committee, or a person engaged by it and designated by it for the purposes of this section, shall meet the Minister and brief him or her on any matter that relates to the performance by the Service of its duties and functions.
Marginal note:Special reports
(2) The Review Committee may, on request by the Minister or at any other time, furnish the Minister with a special report concerning any matter that relates to the performance of its duties and functions.
- R.S., 1985, c. C-23, s. 54;
- 2012, c. 19, s. 384.
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