Marginal note:Annual report

45.34 The Commission Chairman shall, within three months after the end of each fiscal year, submit to the Minister a report of the activities of the Commission during that year and its recommendations, if any, and the Minister shall cause a copy of 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:Complaints by public

• 45.35 (1) Any member of the public having a complaint concerning the conduct, in the performance of any duty or function under this Act or the Witness Protection Program Act, of any member or other person appointed or employed under the authority of this Act may, whether or not that member of the public is affected by the subject-matter of the complaint, make a complaint to

  • (a) the Commission;

  • (b) any member or other person appointed or employed under the authority of this Act; or

  • (c) the provincial authority in the province in which the subject-matter of the complaint arose that is responsible for the receipt and investigation of complaints by the public against police.

• Marginal note:Acknowledgment of complaint

  (2) Every complaint under subsection (1) shall be acknowledged in writing, if the complaint is in writing or if the complainant requests that the complaint be so acknowledged.

• Marginal note:Notification of Commissioner

  (3) The Commissioner shall be notified of every complaint under subsection (1).

• Marginal note:Notification of member

  (4) Forthwith after being notified of a complaint under subsection (3), the Commissioner shall notify in writing the member or other person whose conduct is the subject-matter of the complaint of the substance of the complaint unless, in the Commissioner’s opinion, to do so might adversely affect or hinder any investigation that is being or may be carried out in respect of the complaint.

Marginal note:Informal disposition

• 45.36 (1) The Commissioner shall consider whether a complaint under subsection 45.35(1) can be disposed of informally and, with the consent of the complainant and the member or other person whose conduct is the subject-matter of the complaint, may attempt to so dispose of the complaint.

• Marginal note:Statements not admissible

  (2) No answer or statement made, in the course of attempting to dispose of a complaint informally, by the complainant or the member or other person whose conduct is the subject-matter of the complaint shall be used or receivable in any criminal, civil or administrative proceedings other than, where the answer or statement was made by a member, a hearing under section 45.1 into an allegation that with intent to mislead the member gave the answer or statement knowing it to be false.

• Marginal note:Record of informal disposition

  (3) Where a complaint is disposed of informally, a record shall be made of the manner in which the complaint was disposed of, the complainant’s agreement to the disposition shall be signified in writing by the complainant and the member or other person whose conduct is the subject-matter of the complaint shall be informed of the disposition.

• Marginal note:Investigation

  (4) Where a complaint is not disposed of informally, the complaint shall be investigated by the Force in accordance with rules made pursuant to section 45.38.

• Marginal note:Right to refuse or terminate investigation

  (5) Notwithstanding any other provision of this Part, the Commissioner may direct that no investigation of a complaint under subsection 45.35(1) be commenced or that an investigation of such a complaint be terminated if, in the Commissioner’s opinion,

  • (a) the complaint is one that could more appropriately be dealt with, initially or completely, according to a procedure provided under any other Act of Parliament;

  • (b) the complaint is trivial, frivolous, vexatious or made in bad faith; or

  • (c) having regard to all the circumstances, investigation or further investigation is not necessary or reasonably practicable.

• Marginal note:Notification of complainant and member

  (6) Where the Commissioner makes a direction in respect of a complaint pursuant to subsection (5), the Commissioner shall give notice in writing to the complainant and, if the member or other person whose conduct is the subject-matter of the complaint has been notified under subsection 45.35(4), to that member or other person, of the direction and the reasons therefor and the right of the complainant to refer the complaint to the Commission for review if the complainant is not satisfied with the direction.