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SECU Committee Report

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Bill C-20, An Act establishing the Public Complaints and Review Commission and amending certain Acts and statutory instruments
In accordance with its Order of Reference of Friday, November 25, 2022, your committee has considered Bill C-20, An Act establishing the Public Complaints and Review Commission and amending certain Acts and statutory instruments, and agreed on Monday, November 6, 2023, to report it with the following amendments:

Clause 3

That Bill C-20, in Clause 3, be amended by adding after line 19 on page 3 the following:

“(1.1) In making recommendations for appointments of members of the Commission, the Minister must seek to reflect the diversity of Canadian society and must take into account considerations such as gender equality and the overrepresentation of certain groups in the criminal justice system, including Indigenous peoples and Black persons.”

That Bill C-20, in Clause 3, be amended by replacing line 21 on page 3 with the following:

“mission, including the Chairperson or the Vice-chairperson, if that person”

Clause 8

That Bill C-20, in Clause 8, be amended

(a) by replacing line 6 on page 6 with the following:

“8 (1) The Commission, the RCMP and union representatives of RCMP employees must jointly es‐”

(b) by replacing line 16 on page 6 with the following:

“(2) The Commission, the Agency and union representatives for CBSA employees must jointly estab‐”

Clause 12

That Bill C-20, in Clause 12, be amended by replacing lines 6 to 8 on page 8 with the following:

“(2) The Minister must provide a copy of the report or summary to the Commissioner and the President on the same day as the Minister receives the report or summary.”

Clause 13

That Bill C-20, in Clause 13, be amended by replacing line 17 and 18 on page 8 with the following:

“13 (1) The Chairperson must, within six months after March 31 each year, submit to the Minister a re-”

That Bill C-20, in Clause 13, be amended by replacing line 32 on page 8 with the following:

“plaints, including those, if any, disposed of through the reconciliation process with Indigenous peoples;”

That Bill C-20, in Clause 13, be amended by adding after line 19 on page 9 the following:

“(e.1) set out the number of matters or complaints that were referred to the National Security and Intelligence Review Agency under subsections 31(2), 52(8) and 53(4);”

That Bill C-20, in Clause 13, be amended by replacing line 21 on page 9 with the following:

“gregated demographic and race-based data, in a form that prevents data”

Clause 14

That Bill C-20, in Clause 14, be amended by replacing line 33 on page 9 with the following:

“plaints were disposed of, including those, if any, that were disposed of through the reconciliation process with Indigenous peoples, and identifying trends, if any.”

Clause 17

That Bill C-20, in Clause 17, be amended by replacing line 29 on page 11 with the following:

“(f) medical information, including information from mental health care professionals, about a member, as defined”

That Bill C-20, in Clause 17, be amended by adding after line 6 on page 13 the following:

“(7.1) The Chairperson must publish any memorandum of understanding entered into on the website of the Commission.”

Clause 26

That Bill C-20, in Clause 26, be amended by

(a) replacing line 24 on page 18 with the following:

“der a review conducted under subsection 28(1) or (2) or section 29 of any”

(b) replacing line 28 on page 18 with the following:

“conduct of a review under subsection 28(1) or (2) or section 29 of”

Clause 28

That Bill C-20, in Clause 28, be amended

(a) by replacing line 16 on page 19 with the following:

“may, on the request of the Minister or a third party or on its own initia‐”

(b) by replacing line 25 on page 19 with the following:

“sion may, on the request of the Minister or a third party or on its own ini‐”

That Bill C-20, in Clause 28, be amended

(a) by replacing lines 30 to 34 on page 19 with the following:

“Commission must be satisfied that no other review or inquiry has been undertaken on”

(b) by replacing lines 39 and 40 on page 19 with the following:

“that the Commission is satisfied that the condition referred to in subsection (3) has been met and setting out”

Clause 33

That Bill C-20, in Clause 33, be amended

(a) by replacing line 1 on page 22 with the following:

“33 (1) Any individual or third party may make a complaint concerning”

(b) by replacing line 7 on page 22 with the following:

“(2) Any individual or third party may make a complaint concerning the”

That Bill C-20, in Clause 33, be amended

(a) by replacing line 13 on page 22 with the following:

“(3) The complaint must be made within two years after”

(b) by replacing line 27 on page 22 with the following:

“(6) If a complaint is made after the end of the two-year”

(c) by replacing line 32 on page 22 with the following:

“Commission and provide them with the reasons for not extending the time limit.

(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.”

That Bill C-20, in Clause 33, be amended

(a) by replacing line 31 on page 22 with the following:

“plaint, he or she must so notify the complainant and their legal representative, if any, and the”

(b) by replacing line 15 on page 23 with the following:

“in writing to the complainant and their legal representative, if any, and provide written notice”

(c) by replacing line 30 on page 23 with the following:

“in writing to the complainant and their legal representative, if any, and provide written no‐”

(d) by replacing line 33 on page 23 with the following:

“writing to the complainant and their legal representative, if any, and provide written notice”

That Bill C-20, in Clause 33, be amended by adding after line 11 on page 23 the following:

“(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.”

Clause 35

That Bill C-20, in Clause 35, be amended by replacing lines 22 and 23 on page 24 with the following:

“al or third party that wishes to make a complaint, arrange for the provision of assistance to that individual or organization in making the com‐”

New Clause 35.1

That Bill C-20 be amended by adding after line 24 on page 24 the following new clause:

“35.1 Complaints made under this Act shall not be subject to a non-disclosure agreement.”

Clause 38

That Bill C-20, in Clause 38, be amended by adding after line 26 on page 26 the following:

“(b.1) the complaint is from a third party that is not directly concerned by the subject matter of the complaint;”

That Bill C-20, in Clause 38, be amended

(a) by replacing line 4 on page 27 with the following:

“must give notice in writing to the complainant and their legal representative, if any, and the”

(b) by replacing line 17 on page 27 with the following:

“province, the notice given to the complainant and their legal representative, if any, under sub‐”

Clause 40

That Bill C-20, in Clause 40, be amended by replacing line 29 on page 27 with the following:

“notice and the reasons for the withdrawal to the Commission or the Commissioner.”

Clause 41

That Bill C-20, in Clause 41, be amended by replacing line 13 on page 28 with the following:

“notice and the reasons for the withdrawal to the Commission or the President.”

Clause 42

That Bill C-20, in Clause 42, be amended by replacing lines 30 to 32 on page 28 with the following:

“al or a third party that wishes to withdraw a complaint made under subsection 33(1) or (2), arrange for the provision of assistance to that individual or organization in withdrawing the complaint.”

Clause 44

That Bill C-20, in Clause 44, be amended by adding after line 9 on page 30 the following:

“(1.1) Union representatives for the RCMP employee or CBSA employee, as the case may be, whose conduct is the subject matter of the complaint must also be given an opportunity to make representations.”

Clause 47

That Bill C-20, in Clause 47, be amended

(a) by replacing line 23 on page 31 with the following:

“give notice in writing to the complainant and their legal representative, if any, and the RCMP”

(b) by replacing line 35 on page 31 with the following:

“the notice given to the complainant and their legal representative, if any, under subsection (3)”

Clause 48

That Bill C-20, in Clause 48, be amended by replacing line 2 on page 32 with the following:

“be, notify in writing the complainant and their legal representative, if any, and the RCMP em‐”

Clause 49

That Bill C-20, in Clause 49, be amended by replacing line 12 on page 32 with the following:

“plainant and their legal representative, if any, the RCMP employee or CBSA employee, as the”

Clause 52

That Bill C-20, in Clause 52, be amended by replacing line 22 on page 34 with the following:

“son or a third party that is appointed to act in a similar capacity on”

That Bill C-20, in Clause 52, be amended by adding after line 32 on page 34 the following:

“(b.1) the complaint is from a third party that is not directly concerned by the subject matter of the complaint.”

That Bill C-20, in Clause 52, be amended by deleting lines 1 to 3 on page 35.

That Bill C-20, in Clause 52, be amended by replacing line 13 on page 35 with the following:

“(5) The Commission may refuse to deal with a com‐”

That Bill C-20, in Clause 52, be amended by replacing, in the English version, line 20 on page 35 with the following:

“plaint if, in its opinion, dealing with the complaint would compromise or”

Clause 53

That Bill C-20, in Clause 53, be amended by replacing line 13 on page 36 with the following:

“52(1)(a) or (b), or subsection 52(5) applies; or”

That Bill C-20, in Clause 53, be amended by replacing line 19 on page 36 with the following:

“to (4) or (6) applies.”

Clause 56

That Bill C-20, in Clause 56, be amended by replacing, in the English version, lines 33 and 34 on page 37 with the following:

“be, must, within the prescribed time, provide the Commission with a copy of”

Clause 59

That Bill C-20, in Clause 59, be amended by replacing line 32 on page 40 with the following:

“(7) The parties and the union representatives for the RCMP employee or CBSA employee, as the case may be, whose conduct is the subject matter of the complaint, and any other person who satisfies the”

Clause 64

That Bill C-20, in Clause 64, be amended by replacing line 24 on page 42 with the following:

“receives the report, provide the Chairperson and the Minister with a writ-”

Clause 87

That Bill C-20, in Clause 87, be amended by replacing line 24 on page 53 the following:

“ducted jointly under section 80;

(o.1) respecting

(i) sharing of information and cooperation between the Commission and the National Security and Intelligence Review Agency or between the Commission and any other prescribed federal entity,

(ii) referral of complaints by the Commission to the National Security and Intelligence Review Agency or any other prescribed federal entity or referral of complaints by the National Security and Intelligence Review Agency or any other prescribed federal entity to the Commission, and

(iii) proceedings conducted jointly by the Commission and the National Security and Intelligence Review Agency or by the Commission and any other prescribed federal entity; and”

Clause 95

Clause 95 is deleted.

Clause 97

That Bill C-20, in Clause 97, be amended

(a) by replacing line 1 on page 57 with the following:

“45.171 If an individual or third party makes a complaint under sub‐”

(b) by replacing line 5 on page 57 with the following:

“of Conduct, the individual or third party, as the case may be, and the Commission are to be”

Clause 137

That Bill C-20, in Clause 137, be amended by replacing line 5 on page 72 with the following:

and Review Commission Act or under regulations made under subparagraph 87(o.1)(ii) of that Act,”

Clause 138

That Bill C-20, in Clause 138, be amended by replacing line 10 on page 72 with the following:

Review Commission Act or under regulations made under subparagraph 87(o.1)(ii) of that Act, any information that relates”

Clause 141

That Bill C-20, in Clause 141, be amended by replacing line 7 on page 73 with the following:

“of the Public Complaints and Review Commission Act or under regulations made under subparagraph 87(o.1)(ii) of that Act if”

Clause 142

That Bill C-20, in Clause 142, be amended by replacing line 15 on page 73 with the following:

sion Act or under regulations made under subparagraph 87(o.1)(ii) of that Act, provide the appropriate Minister and the”

Your committee has ordered a reprint of Bill C-20, as amended, as a working copy for the use of the House of Commons at the report stage.
A copy of the relevant Minutes of Proceedings (Meetings Nos. 68 to 72 and 74 to 81) is tabled.