Public Complaints and Review Commission Act (S.C. 2024, c. 25)

Marginal note:Complaints

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  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.

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  Marginal note:Complaints

  (2) 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.

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  Marginal note:Time limit

  (3) The complaint must be made within two years after the day on which the conduct is alleged to have occurred or any longer period permitted under subsection (4) or (5).

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  Marginal note:Extension of time limit — subsection (1)

  (4) The Commission or the Commissioner may extend the time limit for making a complaint under subsection (1) if the Commission or the Commissioner, as the case may be, is of the opinion that there are good reasons for doing so and that it is not contrary to the public interest.

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  Marginal note:Extension of time limit — subsection (2)

  (5) The Commission or the President may extend the time limit for making a complaint under subsection (2) if the Commission or the President, as the case may be, is of the opinion that there are good reasons for doing so and that it is not contrary to the public interest.

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  Marginal note:Notice

  (6) If a complaint is made after the end of the two-year period following the day on which the conduct is alleged to have occurred and the Commissioner or President does not extend the time limit for the making of the complaint, he or she must so notify the complainant and their legal representative, if any, and the Commission and provide them with the reasons for not extending the time limit.

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  Marginal note:Extension of time limit — Commission

  (6.1) The Commission may extend the time limit for the making of a complaint, even if the Commissioner or the President did not extend it, if the Commission considers it appropriate to do so.

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  Marginal note:Receipt of complaint — subsection (1)

  (7) A complaint under subsection (1) must be made to

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    (a) the Commission;

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    (b) a member, as defined in subsection 2(1) of the Royal Canadian Mounted Police Act, or other person employed under Part I of that Act; or

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    (c) the provincial authority that is responsible for the receipt of complaints against police in the province in which the subject matter of the complaint arose.

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  Marginal note:Receipt of complaint — subsection (2)

  (8) A complaint under subsection (2) must be made to

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    (a) the Commission; or

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    (b) the Agency.

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  Marginal note:Deeming

  (8.1) For the purposes of subsections (7) and (8), a complaint that is referred to the Commission under regulations made under subparagraph 87(o.1)(ii) is deemed to be a complaint made to the Commission.

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  Marginal note:Acknowledgement and notification — subsection (7)

  (9) As soon as feasible after a person or entity referred to in subsection (7) receives a complaint, the person or entity, as the case may be, must acknowledge the complaint in writing to the complainant and their legal representative, if any, and provide written notice of the complaint to

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    (a) if the complaint was received by the Commission, the Commissioner and the provincial authority referred to in paragraph (7)(c);

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    (b) if the complaint was received by a person referred to in paragraph (7)(b), the Commission, the Commissioner and the provincial authority referred to in paragraph (7)(c); or

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    (c) if the complaint was received by the provincial authority referred to in paragraph (7)(c), the Commissioner and the Commission.

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  Marginal note:Acknowledgement and notification — subsection (8)

  (10) As soon as feasible after receiving a complaint under subsection (8),

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    (a) the Commission must acknowledge the complaint in writing to the complainant and their legal representative, if any, and provide written notice of the complaint to the President; or

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    (b) the Agency must acknowledge the complaint in writing to the complainant and their legal representative, if any, and provide written notice of the complaint to the Commission.

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  Marginal note:Covert operations

  (11) The Commission, the RCMP and the Agency are authorized to acknowledge a complaint or otherwise deal with a complainant in a manner that does not reveal, or from which cannot be inferred, information concerning

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    (a) whether a place, person, agency, group, body or other entity was, is or is intended to be the object of a covert investigation or a covert collection of information or intelligence; or

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    (b) the identity of any person who is, has been or is intended to be engaged in a covert collection of information or intelligence.