(a) the complainant has made a complaint to the Director with respect to that act or thing and the complainant has not received a response within such period of time as the Committee considers reasonable or is dissatisfied with the response given; and
(b) the Committee is satisfied that the complaint is not trivial, frivolous, vexatious or made in bad faith.
Marginal note:Other redress available
(2) The Review Committee shall not investigate a complaint in respect of which the complainant is entitled to seek redress by means of a grievance procedure established pursuant to this Act or the Federal Public Sector Labour Relations Act.
- R.S., 1985, c. C-23, s. 41;
- 2003, c. 22, s. 146(E);
- 2017, c. 9, s. 55.
Marginal note:Denial of security clearance
42 (1) Where, by reason only of the denial of a security clearance required by the Government of Canada, a decision is made by a deputy head to deny employment to an individual or to dismiss, demote or transfer an individual or to deny a promotion or transfer to an individual, the deputy head shall send, within ten days after the decision is made, a notice informing the individual of the denial of the security clearance.
(2) Where, by reason only of the denial of a security clearance required by the Government of Canada to be given in respect of an individual, a decision is made to deny the individual or any other person a contract to provide goods or services to the Government of Canada, the deputy head concerned shall send, within ten days after the decision is made, a notice informing the individual and, where applicable, the other person of the denial of the security clearance.
Marginal note:Receipt and investigation of complaints
(3) The Review Committee shall receive and investigate a complaint from
Marginal note:Time within which complaint is to be made
(4) A complaint under subsection (3) shall be made within thirty days after receipt of the notice referred to in subsection (1) or (2) or within such longer period as the Review Committee allows.
- 1984, c. 21, s. 42.
Marginal note:Member of the Committee authorized to act alone
43 A member of the Review Committee may exercise any of the powers or perform any of the duties or functions of the Committee under this Part in relation to complaints.
- 1984, c. 21, s. 43.
Marginal note:Complaints submitted on behalf of complainants
44 Nothing in this Act precludes the Review Committee from receiving and investigating complaints described in sections 41 and 42 that are submitted by a person authorized by the complainant to act on behalf of the complainant, and a reference to a complainant in any other section includes a reference to a person so authorized.
- 1984, c. 21, s. 44.
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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