New Complaints Watchdog for CBSA and RCMP

Summary#

This bill renames the RCMP’s civilian complaints body as the Public Complaints and Review Commission and gives it new powers over the Canada Border Services Agency (CBSA). It sets up a single place to review CBSA activities and to investigate public complaints about CBSA officers and employees. It also adds rules for public reporting, service standards, information‑sharing, and “serious incident” notifications. The act takes effect on a date set by the federal Cabinet.

• Creates an independent complaints and review system for CBSA, alongside the RCMP, under one commission (CBSA Act Part 2; RCMP Act s.45.29, as amended).
• Requires the Commission and CBSA/RCMP to set and publish service standards for handling complaints and reviews (RCMP Act s.45.37; CBSA Act Part 2 — Service standards).
• Makes public summaries of reviews and special reports, with prior comment from the RCMP Commissioner or CBSA President (RCMP Act ss.45.34(6)-(7), 45.51(1)-(1.1); CBSA Act Part 2 — Review and report).
• Defines and mandates reporting of “serious incidents,” and requires CBSA to investigate and share records with the Commission (CBSA Act ss.58–59).
• Sets a right for arrested or detained persons to be told how to make a complaint (CBSA Act Part 2 — Right to be informed).
• Conditions CBSA detention agreements with provinces on the presence of an independent provincial complaint body, with a temporary urgent‑need exception (CBSA Act s.13(3)–(4)).

What it means for you#

• Households and travelers

  • You can file a complaint about a CBSA officer’s conduct within 1 year; the Commission may extend this deadline for good reasons (CBSA Act Part 2 — Complaints, Time limit/Extension).
  • If CBSA arrests or detains you, you must be told how to complain to the Commission and, if held in a provincial facility, how to complain locally about treatment or conditions (CBSA Act Part 2 — Right to be informed).
  • Your complaint can be resolved informally with your consent; if not, the Agency investigates first, with Commission oversight and the option for a Commission investigation or hearing (CBSA Act Part 2 — Informal resolution; Investigation by the Agency; Powers of Commission).
  • Complaints about national security issues go to the National Security and Intelligence Review Agency (NSIRA) instead (CBSA Act Part 2 — National security).
  • Filing a complaint does not delay removals, charges, or other enforcement actions (CBSA Act Part 2 — No effect).

• People detained on behalf of CBSA in provincial facilities

  • CBSA can enter a detention agreement with a province only if an independent local complaint body exists; an urgent temporary exception is allowed with Minister approval (CBSA Act s.13(3)–(4)).
  • CBSA must give the federal Commission copies of findings or recommendations from any provincial monitoring of detention conditions and any complaint information it receives (CBSA Act s.13(5)–(6)).
  • The Commission may run joint reviews or investigations with a competent provincial authority (CBSA Act Part 2 — Joint reviews).

• CBSA officers and employees

  • You will be notified of complaints about your conduct and can make representations; informal resolution requires your consent (CBSA Act Part 2 — Notice; Representations; Informal resolution).
  • You are subject to investigations, hearings, and “serious incident” procedures; the Agency must notify police and the Commission of alleged serious incidents (CBSA Act ss.58–59).
  • Obstructing the process, harassing complainants, or destroying documents is an offence, with penalties up to 5 years on indictment (CBSA Act Part 2 — Offences).
  • The Commission’s findings and recommendations are final, but not binding; the CBSA President must state reasons if not acting on them (CBSA Act Part 2 — Reports; Commission’s final report).

• RCMP members

  • The Commission continues to handle RCMP complaints and reviews under a new name and structure; RCMP and Commission must set joint service standards and publish parts that affect complainants (RCMP Act s.45.37).
  • Information can be shared by the Commission across RCMP and CBSA files when the same events involve both, with safeguards for privileged information (RCMP Act — Use of information; CBSA Act — Use of information).

• Businesses and trade community

  • Decisions about level of service by CBSA can be treated as “conduct” for complaint purposes, offering a channel to raise concerns (CBSA Act Part 2 — Interpretation, Complaints regarding level of service).
  • Education and information programs will explain how to complain; no new fees are created (CBSA Act Part 2 — Education and information; no fee provisions).

• Provinces and local oversight bodies

  • Provinces must have an independent complaints body for CBSA detention agreements to be signed, except on a temporary urgent basis (CBSA Act s.13(3)–(4)).
  • Provincial bodies may conduct joint investigations or reviews with the Commission; information‑sharing agreements may be set by regulation (CBSA Act Part 2 — Joint reviews).

• Timing

  • The act comes into force on a date or dates set by Cabinet, not immediately (Coming into Force — Order in council).

Expenses#

Estimated net cost: Data unavailable.

• Appropriation signal: The bill carries a Royal Recommendation, which allows spending but does not state an amount (Minister’s Recommendation).
• New duties likely to require resources:
  • Commission assumes CBSA complaint intake, reviews, hearings, and education programs (CBSA Act Part 2).
  • Commission may hire outside technical experts with Treasury Board approval and pay remuneration and expenses (CBSA Act Part 2 — Technical assistance).
  • Travel and living expenses may be paid for complainants, officers, or counsel attending hearings away from their home city, at the Commission’s discretion (CBSA Act Part 2 — Hearings, Expenses).
• Explicit dollar figures, staffing levels, and annual costs: Data unavailable.
• Fees or new revenues: None stated. Fines from offences exist but are not costed (CBSA Act Part 2 — Offences).

Proponents' View#

• Establishes independent oversight for CBSA for the first time, closing a long‑noted gap by empowering the Commission to review activities and investigate conduct complaints (CBSA Act Part 2 — Powers, Review and report; Complaints).
• Improves transparency with public summaries of reviews and special reports, after giving the RCMP Commissioner or CBSA President a chance to comment (RCMP Act ss.45.34(6)–(7), 45.51(1)-(1.1); CBSA Act Part 2 — Review and report).
• Sets joint service standards and requires publishing standards related to communications with complainants, aiming to reduce delays and improve updates (RCMP Act s.45.37; CBSA Act Part 2 — Service standards).
• Adds guardrails to protect sensitive information and privileges, while granting the Commission broad access needed to do its work (CBSA Act Part 2 — Right of access; Protected information; For greater certainty).
• Builds in safety and accountability for high‑risk events through mandatory notification and investigation of “serious incidents,” plus police notification (CBSA Act ss.58–59).
• Protects detainees’ rights by requiring information on how to complain and conditioning CBSA’s use of provincial jails on independent local oversight (CBSA Act s.13(3)–(6); Part 2 — Right to be informed).

Opponents' View#

• Recommendations are not binding. The CBSA President must respond but can decline to act by giving reasons, which may limit real‑world change (CBSA Act Part 2 — President’s response; Commission’s final report).
• Timelines are undefined in the statute. Service standards are to be set later by the Commission and CBSA/RCMP or by regulation, creating a risk of slow complaint handling and backlogs (RCMP Act s.45.37; CBSA Act Part 2 — Service standards).
• National security carve‑out shifts some border complaints to NSIRA, adding referral steps that may confuse complainants and lengthen resolution (CBSA Act Part 2 — National security; Referral).
• Transparency limits remain. Public reports are summaries and must exclude injurious or privileged information, which can restrict detail available to complainants and the public (CBSA Act Part 2 — Protection of confidential information).
• Oversight gaps may persist in provincial detention. CBSA can make urgent temporary agreements with provinces lacking an independent complaint body, and the Agency’s “serious incident” probe cannot examine actions of provincial jail staff engaged only by agreement (CBSA Act s.13(4); Serious Incidents — Limit on investigation).
• Implementation risk and cost pressures. The Commission must ensure it has “sufficient resources” before self‑initiated reviews, signaling possible resource strain; no funding levels are set in the bill (CBSA Act Part 2 — Review and report, Conditions; Expenses section — Data unavailable).
• Start date uncertain. Coming‑into‑force by Order in Council could delay when the new system actually protects complainants (Coming into Force — Order in council).