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

Marginal note:Powers

• The following provision is not in force.

  50 (1) The Commission may, in relation to a complaint before it,

  • The following provision is not in force.

    (a) in the same manner and to the same extent as a superior court of record, summon and enforce the attendance of witnesses before the Commission and compel them to give oral or written evidence on oath or solemn affirmation and to produce any documents and things that the Commission considers relevant for the full investigation, hearing and consideration of the complaint;

  • The following provision is not in force.

    (b) administer oaths and solemn affirmations;

  • The following provision is not in force.

    (c) receive and accept any evidence and other information, whether on oath or solemn affirmation or by affidavit or otherwise, that the Commission sees fit, whether or not that evidence or information is or would be admissible in a court of law; and

  • The following provision is not in force.

    (d) make any examination of records and any inquiries that the Commission considers necessary.

• The following provision is not in force.

  Marginal note:No excuse

  (2) A witness must not be excused from answering any question or producing any document or thing, when compelled to do so by the Commission, on the grounds that the answer or statement made in response to the question, or the document or thing given by the witness, may tend to criminate the witness or subject the witness to any criminal, civil or administrative action or proceeding.

• The following provision is not in force.

  Marginal note:Inadmissibility

  (3) Subject to section 70, evidence given, or a document or thing produced, by a witness who is compelled by the Commission to give or produce it, and any evidence derived from it, may be used or received against the witness only in

  • The following provision is not in force.

    (a) a prosecution under section 132 or 136 of the Criminal Code; or

  • The following provision is not in force.

    (b) a civil or administrative proceeding in respect of an allegation that, with intent to mislead, the witness gave the answer or statement knowing it to be false.

• The following provision is not in force.

  Marginal note:Restriction

  (4) Despite subsection (1), the Commission must not receive or accept

  • The following provision is not in force.

    (a) any answer or statement made in response to a question described in subsection 24.1(7), 35(8), 40(2) or 45.1(5) of the Royal Canadian Mounted Police Act;

  • The following provision is not in force.

    (b) any answer or statement made in response to a question described in subsection (2) in any investigation or hearing with respect to any other complaint; or

  • The following provision is not in force.

    (c) any answer or statement made in the course of attempting to dispose of a complaint under section 43.

• The following provision is not in force.

  Marginal note:Restriction

  (5) Despite paragraph (1)(a), the Commission must not enforce the production of written evidence or any document or thing to which the Commission has a right of access under subsection 17(2).

• The following provision is not in force.

  Marginal note:Witness fees

  (6) Any witness, other than a member, as defined in subsection 2(1) of the Royal Canadian Mounted Police Act or an officer or employee of the Canada Border Services Agency, who is summoned is entitled, at the discretion of the Commission, to receive the same fees and allowances as those paid to witnesses summoned to attend before the Federal Court.