Summary#

Bill C-20 creates a new independent body, the Public Complaints and Review Commission (PCRC), to replace the RCMP’s Civilian Review and Complaints Commission and to extend independent oversight to the Canada Border Services Agency (CBSA) for the first time. It sets out how the PCRC will receive, investigate, and review public complaints about RCMP and CBSA conduct and service, and how it will review specified activities of both agencies. It also adds rules for “serious incidents” involving CBSA personnel and updates related federal laws.

• Creates the PCRC with powers to investigate complaints and review RCMP and CBSA activities; publishes service standards and annual reports, including disaggregated race-based data (Part 1; Annual report).
• Allows anyone to file complaints within 2 years (extensions possible), with a right to refer unsatisfactory outcomes to the PCRC for review within 60 days (Part 2 — Complaints; Referral).
• Lets the PCRC Chair recommend disciplinary processes or measures; requires RCMP/CBSA leaders to respond and inform the Minister if they decline (Part 2 — Disciplinary recommendations).
• Requires CBSA to notify police and the PCRC about alleged serious incidents; allows a PCRC-appointed observer to assess impartiality (CBSA Act s.14.1–14.9).
• Carves out national security matters for referral to the National Security and Intelligence Review Agency (NSIRA) to avoid overlap (Part 1 — National security; Part 2 s.52(8); Part 4 — Cooperation).
• Comes into force on a date set by Order in Council (Coming into Force).

What it means for you#

• Households and travelers

  • You can file a complaint about RCMP or CBSA conduct or service level. Complaints must be within 2 years, but the PCRC can extend the deadline (Part 2 — Complaints).
  • If you are not satisfied with RCMP/CBSA’s handling, you can ask the PCRC to review it within 60 days. The PCRC may investigate further or hold a hearing (Part 2 — Referral; Review; Hearings).
  • The PCRC, RCMP, and CBSA must publish service standards for timelines and provide status updates to complainants (Part 1 — Service standards; Part 2 — Updates).
  • The PCRC will publish annual summaries and trend data, including disaggregated demographic and race-based data that is anonymized (Part 1 — Annual report).

• People detained by CBSA

  • You must be told, as soon as feasible, about your right to make a complaint to the PCRC and how to do it (Part 4 — Right to be informed).
  • Where CBSA uses provincial facilities to detain people, the federal government should ensure the province has an independent body to receive detention-condition complaints; temporary exceptions are allowed in urgent cases (CBSA Act s.13(3)–(4)).
  • CBSA must share with the PCRC information about detention-related complaints and monitoring reports it receives (CBSA Act s.13(5)–(6)).

• RCMP and CBSA employees

  • Your conduct may be investigated by your agency or by the PCRC. Union representatives must be allowed to make representations (Part 2 — Investigations; Representations).
  • The PCRC Chair can recommend starting a disciplinary process, or recommend a disciplinary measure if there are multiple substantiated serious cases. The Commissioner/President must inform the Minister if they choose not to act (Part 2 — Disciplinary recommendations).
  • There are new offences for obstruction, harassment, and destroying documents related to a complaint (fines up to $5,000 and/or up to 6 months in jail; up to 5 years for serious offences) (Part 4 — Offences).

• Local and provincial governments

  • Provinces that contract RCMP policing will receive province-specific PCRC reports on complaint numbers, types, dispositions, and trends (Part 1 — Annual report — provinces).
  • Provincial ministers can ask the federal Minister to have the PCRC review specified RCMP activities in their province (Part 1 — Review for province).
  • For CBSA detention agreements, provinces are expected to have an independent detention-complaints body (CBSA Act s.13(3)).

• Participants in cross‑border law enforcement operations

  • Complaints and reviews related to “integrated cross-border operations” fall under the PCRC with tailored rules. The Central Authority is the point of contact, and joint investigations with other jurisdictions are allowed (Part 3 — Application; Complaints; Joint investigations).

• Witnesses and service users

  • The PCRC can compel witness attendance and documents, similar to a superior court, with protections for compelled testimony (Part 2 — Commission’s powers).
  • Hearings are public unless privacy, law enforcement, or national security risks require in camera sessions (Part 2 — Hearings).

• Timing

  • These changes take effect on a date set by Cabinet through an Order in Council (Coming into Force).

Expenses#

Estimated net cost: Data unavailable.

• The bill includes a Royal Recommendation authorizing public spending to establish and operate the PCRC, but it does not state dollar amounts (Recommendation; Short Title).
• Explicit appropriations are not listed in the bill. Operating costs will include PCRC members and staff, regional offices, technical experts, and travel expenses per Treasury Board rules (Part 1 — Establishment; Head office; Staff; Technical assistance).
• Agencies may incur compliance and reporting costs to meet service standards, information-sharing, and annual reporting duties (Part 1 — Service standards; Information provisions; Annual reports).
• Data unavailable.

Proponents' View#

• Extends independent oversight to CBSA for the first time, closing a gap in accountability for border conduct and detention conditions (Part 1 — Powers; CBSA Act s.13(3)–(6); s.14.1–14.9).
• Sets service standards and requires regular updates to complainants, which should reduce delays and improve transparency (Part 1 — Service standards; Part 2 — Updates).
• Strengthens investigative tools: the PCRC can compel witnesses and documents, conduct hearings, and access relevant information, including some privileged information in defined cases (Part 2 — Commission’s powers; Part 1 — Information provisions).
• Adds deterrence through new offences for harassment, obstruction, or document destruction during complaint processes (fines up to $5,000; jail up to 6 months; up to 5 years for serious offences) (Part 4 — Offences).
• Increases transparency through annual public reports, province-specific reports, and anonymized race-based data to identify trends and disparities (Part 1 — Annual reports).
• Provides special oversight of CBSA serious incidents via mandatory notification, investigations, and PCRC-appointed observers to assess impartiality (CBSA Act s.14.2–14.7).

Opponents' View#

• Recommendations are not binding. The RCMP Commissioner or CBSA President can decline to act on PCRC findings and only need to give reasons to the PCRC and the Minister, which may limit real consequences (Part 2 — Commissioner’s/President’s response; Final report).
• Significant carve-outs: the PCRC cannot review national security activities and must refer them to NSIRA; extensive privileges and information-protection rules may restrict access to key evidence (Part 1 — National security; Information provisions; Part 2 s.52(8)).
• CBSA “serious incident” investigations are led by CBSA itself with an observer, not by an external investigative body, raising concerns about independence (CBSA Act s.14.3–14.7).
• Timelines depend on future service standards; no statutory deadlines in the bill, so delays and backlogs are possible if resources are tight (Part 1 — Service standards).
• New reporting of disaggregated demographic and race-based data requires strong safeguards to prevent re-identification; the bill requires anonymization but implementation details depend on regulations and practice (Part 1 — Annual report).
• Implementation and ongoing operating costs are not detailed in the bill; without clear funding and staffing levels, the Commission may struggle to meet expectations (Recommendation; Data unavailable).