PROPOSALS TO AMEND THE PARLIAMENT OF CANADA ACT (ETHICS COMMISSIONER) AND OTHER ACTS AS A CONSEQUENCE

R.S., c. P-1

Parliament of Canada Act

1. Sections 14 and 15 of the Parliament of Canada Act are repealed.

2000, c. 12, s. 210

2. Sections 34 to 40 of the Act are replaced by the following:

Disqualification

35. If any member of the House of Commons accepts any office or commission that, by virtue of this Division, renders a person incapable of being elected to, or of sitting or voting in, the House of Commons, the seat of the member is vacated and the member's election becomes void.

3. The Act is amended by adding the following after the heading "GENERAL" of Part V:

Appointment

72.1 The Governor in Council shall, by commission under the Great Seal, appoint an Ethics Commissioner.

Tenure

72.2 (1) The Ethics Commissioner holds office during good behaviour for a single term of five years, but may be removed by the Governor in Council on address of the Senate and House of Commons.

Interim appointment

(2) In the event of the absence or incapacity of the Ethics Commissioner, or if that office is vacant, the Governor in Council may appoint a qualified person to hold that office in the interim for a term not exceeding six months.

Remuneration

72.3 (1) The Ethics Commissioner shall be paid the remuneration set by the Governor in Council.

Expenses

(2) The Ethics Commissioner is entitled to be paid reasonable travel and living expenses incurred in the performance of his or her duties or functions while absent from the Ethics Commissioner's ordinary place of work.

Carrying out functions

(3) The Ethics Commissioner shall engage exclusively in the duties and functions of the Ethics Commissioner and may not hold any other office under Her Majesty or engage in any other employment for reward.

Deputy head

72.4 (1) The Ethics Commissioner has the rank of a deputy head of a department of the Government of Canada and has the control and management of the Office of the Ethics Commissioner.

Powers to contract

(2) The Ethics Commissioner may, in carrying out the work of the Office of the Ethics Commissioner, enter into contracts, memoranda of understanding or other arrangements.

Staff

(3) The Ethics Commissioner may employ any officers and employees and may engage the services of any agents, advisers and consultants that the Ethics Commissioner considers necessary for the proper conduct of the work of the Office of the Ethics Commissioner.

Authorization

(4) The Ethics Commissioner may, subject to the conditions he or she sets, authorize any person to exercise any powers under subsection (2) or (3) on behalf of the Ethics Commissioner that he or she may determine.

Salaries

(5) The salaries of the officers and employees of the Office of the Ethics Commissioner shall be fixed according to the scale provided by law.

Payment

(6) The salaries of the officers and employees of the Office of the Ethics Commissioner, and any casual expenses connected with the office, shall be paid out of moneys provided by Parliament for that purpose.

Estimates to be prepared

(7) Prior to each fiscal year, the Ethics Commissioner shall cause to be prepared an estimate of the sums that will be required to pay the charges and expenses of the Office of the Ethics Commissioner during the fiscal year.

Inclusion in Government estimates

(8) The estimate referred to in subsection (7) shall be considered by the Speakers of the Senate and House of Commons and then transmitted to the President of the Treasury Board, who shall lay it before the House of Commons with the estimates of the Government for the fiscal year.

Functions in Relation to Parliamentarians

Governing conduct

72.5 (1) The Ethics Commissioner shall perform the duties and functions assigned by the Houses of Parliament for governing the conduct of members of the Senate and House of Commons. Those duties and functions are carried out within the institution of Parliament.

General direction of committee

(2) The Ethics Commissioner shall carry out the duties and functions referred to in subsection (1) under the general direction of committees of the Senate and the House of Commons, or a committee of both Houses of Parliament, that may be designated or established for that purpose.

Clarification

(3) For greater certainty, this section shall not be construed as limiting in any way the powers, privileges, rights and immunities of both Houses of Parliament and of their members.

Functions in Relation to Public Office Holders

Definition of "public office holder"

72.51 For the purposes of sections 72.6 to 72.71, "public office holder" means

(a) a minister of the Crown, a minister of state or a parliamentary secretary;

 

(b) a person, other than a public servant, who works on behalf of a minister of the Crown or a minister of state;

 

(c) a Governor in Council appointee, other than the following persons, namely,

 

(i) a lieutenant governor,

 

(ii) officers and staff of the Senate, House of Commons and Library of Parliament,

 

(iii) a person appointed or employed under the Public Service Employment Act who is a head of mission as defined in subsection 13(1) of the Department of Foreign Affairs and International Trade Act,

 

(iv) a judge who receives a salary under the Judges Act, and

 

(v) an officer of the Royal Canadian Mounted Police, not including the Commissioner; and

 

(d) a full-time ministerial appointee designated by the appropriate Minister of the Crown as a public office holder.

 

Mandate

72.6 The mandate of the Ethics Commissioner in relation to public office holders is

(a) to administer ethical principles, rules or obligations established by the Prime Minister for public office holders;

 

(b) to provide confidential advice to the Prime Minister with respect to those ethical principles, rules or obligations and ethical issues in general; and

 

(c) to provide confidential advice to a public office holder with respect to the application to him or her of those ethical principles, rules or obligations.

 

Request from parliamentarian

72.7 (1) Any member of the Senate or House of Commons may request that the Ethics Commissioner inquire into the observance by a minister of the Crown or a minister of state of ethical principles, rules or obligations established by the Prime Minister for public office holders.

Discontinuance

(2) The Ethics Commissioner may, having regard to all the circumstances of the case, discontinue his or her examination of the request.

Report

(3) The Ethics Commissioner shall provide the Prime Minister with a report setting out the facts in question as well as the Ethics Commissioner's analysis and conclusions in relation to the request, including when the Ethics Commissioner discontinues his or her examination under subsection (2).

Making report available

(4) The Ethics Commissioner shall, when providing the report under subsection (3), provide a copy of it to the member who made the request and to the minister of the Crown or minister of state who is the subject of the request, and make the report available to the public.

Confidentiality

(5) A report provided under this section shall not reveal any information that the Ethics Commissioner is required to keep confidential.

Presentation of views

72.71 Before providing confidential advice under paragraph 72.6(b) or a report under subsection 72.7(3), the Ethics Commissioner shall provide the public office holder concerned with a reasonable opportunity to present his or her views.

Powers

72.8 (1) For the purposes of paragraph 72.6(b) and section 72.7, the Ethics Commissioner has the power of summoning witnesses and requiring them to

(a) give evidence orally or in writing and on oath or, if they are persons entitled to affirm in civil matters, on solemn affirmation; and

 

(b) produce any documents and things that the Commissioner considers necessary.

 

Enforcement

(2) The Ethics Commissioner has the same power to enforce the attendance of witnesses and to compel them to give evidence as a court of record in civil cases.

Powers carried out in private

(3) The powers referred to in subsections (1) and (2) shall be carried out in private.

Inadmissibility

(4) Information given by a person under this section is inadmissible against the person in a court or in any proceeding, other than in a prosecution of a person for an offence under section 131 of the Criminal Code (perjury) in respect of a statement made to the Ethics Commissioner.

Confidentiality

(5) The Ethics Commissioner, and every person acting on behalf of or under the direction of the Ethics Commissioner, shall not disclose any information that comes to their knowledge in the performance of their duties and functions under this section, unless

(a) the disclosure is, in the opinion of the Ethics Commissioner, essential for the purposes of this section; or

 

(b) the information is disclosed in the course of a prosecution for an offence under section 131 of the Criminal Code (perjury) in respect of a statement made to the Ethics Commissioner.

 

No summons

72.9 (1) The Ethics Commissioner or any person acting on behalf or under the direction of the Ethics Commissioner is not a competent or compellable witness, in respect of any matter coming to the knowledge of the Ethics Commissioner or the person as a result of exercising any powers or performing any duties or functions of the Ethics Commissioner under this Act.

Protection

(2) No criminal or civil proceedings lie against the Ethics Commissioner, or against any person acting on behalf or under the direction of the Ethics Commissioner, for anything done, reported or said in good faith in the course of the exercise or performance or purported exercise or performance of any power, duty or function of the Ethics Commissioner under this Act.

Clarification

(3) The protection provided under subsections (1) and (2) does not limit any powers, privileges, rights and immunities that the Ethics Commissioner may otherwise enjoy.

Annual report

72.91 (1) The Ethics Commissioner shall, within three months after the end of each fiscal year, submit a report on his or her activities under sections 72.5 to 72.7 for that year to the Speaker of the Senate and the Speaker of the House of Commons, who shall each table the report in the House over which he or she presides.

Confidentiality

(2) The report shall not reveal any information that the Ethics Commissioner is required to keep confidential.

Consequential Amendments

R.S., c. A-1

1995, c. 12, s. 8

4. Schedule I to the Access to Information Act is amended by striking out the following under the heading "Other Government Institutions":

Ethics Counsellor

 

Conseiller en éthique

 

R.S., c. C-10

5. Subsection 35(2) of the Canada Post Corporation Act is amended by striking out the word "or" at the end of paragraph (b), by adding the word "or" at the end of paragraph (c) and by adding the following after paragraph (c):

(d) the Ethics Commissioner

R.S., c. F-11

R.S., c. 1 (4th Supp.), s. 25

6. (1) Paragraph (c) of the definition "appropriate minister" in section 2 of the Financial Administration Act is replaced by the following:

(c) with respect to the Senate, the Speaker, with respect to the House of Commons, the Board of Internal Economy, and with respect to the Library of Parliament and the Office of the Ethics Commissioner, the Speakers of the Senate and the House of Commons,

 

(2) Paragraph (c) of the definition "department" in section 2 of the Act is replaced by the following:

(c) the staffs of the Senate, the House of Commons, the Library of Parliament and the Office of the Ethics Commissioner, and

 

R.S., c. G-2

7. The heading "Senate, House of Commons and Library of Parliament" before section 16 of the Garnishment, Attachment and Pension Diversion Act is replaced by the following:

Senate, House of Commons, Library of Parliament and Office of the Ethics Commissioner

8. The portion of paragraph (b) of the definition "salary" in section 16 of the Act before subparagraph (i) is replaced by the following:

(b) in the case of the staff of the Senate, House of Commons, Library of Parliament or Office of the Ethics Commissioner or the staff of members of the Senate or House of Commons, or in the case of any other person paid out of moneys appropriated by Parliament for use by the Senate, House of Commons, Library of Parliament or Office of the Ethics Commissioner,

 

9. The portion of section 17 of the Act before paragraph (a) is replaced by the following:

Garnishment of salaries, remuneration

17. The Senate, House of Commons, Library of Parliament and Office of the Ethics Commissioner are, subject to this Division and any regulation made thereunder, bound by provincial garnishment law in respect of

1997, c. 1, s. 29

10. Sections 18 and 19 of the Act are replaced by the following:

Service binding

18. (1) Subject to this Division, service on the Senate, House of Commons, Library of Parliament or Office of the Ethics Commissioner of a garnishee summons, together with a copy of the judgment or order against the debtor and an application in the prescribed form, binds the Senate, House of Commons, Library of Parliament or Office of the Ethics Commissioner, as the case may be, fifteen days after the day on which those documents are served.

When service is effective

(2) A garnishee summons served on the Senate, House of Commons, Library of Parliament or Office of the Ethics Commissioner is of no effect unless it is served on the Senate, House of Commons, Library of Parliament or Office of the Ethics Commissioner, as the case may be, in the first thirty days following the first day on which it could have been validly served on the Senate, House of Commons, Library of Parliament or Office of the Ethics Commissioner, as the case may be.

Place of service

19. (1) Service of documents on the Senate, House of Commons, Library of Parliament or Office of the Ethics Commissioner in connection with garnishment proceedings permitted by this Division must be effected at the place specified in the regulations.

Method of service

(2) In addition to any method of service permitted by the law of a province, service of documents on the Senate, House of Commons, Library of Parliament or Office of the Ethics Commissioner under subsection (1) may be effected by registered mail, whether within or outside the province, or by any other method prescribed.

Where service by registered mail

(3) Where service of a document on the Senate, House of Commons, Library of Parliament or Office of the Ethics Commissioner is effected by registered mail, the document shall be deemed to be served on the day of its receipt by the Senate, House of Commons, Library of Parliament or Office of the Ethics Commissioner, as the case may be.

1997, c. 1, s. 30

11. Paragraphs 21(a) and (b) of the Act are replaced by the following:

(a) in the case of a salary,

(i) the salary to be paid on the last day of the second pay period next following the pay period in which the Senate, House of Commons, Library of Parliament or Office of the Ethics Commissioner, as the case may be, is bound by the garnishee summons, and

 

(ii) where the garnishee summons has continuing effect under the law of the province, the salary to be paid on the last day of each subsequent pay period; or

 

(b) in the case of remuneration described in paragraph 17(b),

 

(i) the remuneration payable on the fifteenth day following the day on which the Senate, House of Commons, Library of Parliament or Office of the Ethics Commissioner, as the case may be, is bound by the garnishee summons, and

 

(ii) either

 

(A) any remuneration becoming payable in the thirty days following the fifteenth day after the day on which the Senate, House of Commons, Library of Parliament or Office of the Ethics Commissioner, as the case may be, is bound by the garnishee summons that is owing on that fifteenth day or that becomes owing in the fourteen days following that fifteenth day, or

 

(B) where the garnishee summons has continuing effect under the law of the province, any remuneration becoming payable subsequent to the fifteenth day after the day on which the Senate, House of Commons, Library of Parliament or Office of the Ethics Commissioner, as the case may be, is bound by the garnishee summons.

 

1997, c. 1, s. 30

12. The portion of section 22 of the Act before paragraph (b) is replaced by the following:

Time period to respond to a garnishee summons

22. The Senate, House of Commons, Library of Parliament or Office of the Ethics Commissioner has the following time period within which to respond to a garnishee summons:

 

(a) in the case of a salary, fifteen days, or such lesser number of days as is prescribed, after the last day of the second pay period next following the pay period in which the Senate, House of Commons, Library of Parliament or Office of the Ethics Commissioner is bound by the garnishee summons; or

 

1997, c. 1, s. 31

13. Section 23 of the Act is replaced by the following:

Method of response

23. (1) In addition to any method of responding to a garnishee summons permitted by provincial garnishment law, the Senate, House of Commons, Library of Parliament or Office of the Ethics Commissioner may respond to a garnishee summons by registered mail or by any other method prescribed.

Where response is by registered mail

(2) Where the Senate, House of Commons, Library of Parliament or Office of the Ethics Commissioner responds to a garnishee summons by registered mail, the receipt issued in accordance with regulations relating to registered mail made under the Canada Post Corporation Act shall be received in evidence and is, unless the contrary is shown, proof that the Senate, House of Commons, Library of Parliament or Office of the Ethics Commissioner, as the case may be, has responded to the garnishee summons.

Effect of payment into court

(3) A payment into court by the Senate, House of Commons, Library of Parliament or Office of the Ethics Commissioner under this section is a good and sufficient discharge of liability, to the extent of the payment.

Recovery of overpayment to debtor

(4) Where, in honouring a garnishee summons, the Senate, House of Commons, Library of Parliament or Office of the Ethics Commissioner, through error, pays to a debtor by way of salary or remuneration an amount in excess of the amount that it should have paid to that debtor, the excess becomes a debt due to the Senate, House of Commons, Library of Parliament or Office of the Ethics Commissioner, as the case may be, by that debtor and may be recovered from the debtor at any time by set-off against future moneys payable to the debtor as salary or remuneration.

14. Paragraph 24(a) of the Act is replaced by the following:

(a) specifying the place where service of documents on the Senate, House of Commons, Library of Parliament or Office of the Ethics Commissioner must be effected in connection with garnishment proceedings permitted by this Division;

 

15. Section 26 of the Act is replaced by the following:

No execution

26. No execution shall issue on a judgment given against the Senate, House of Commons, Library of Parliament or Office of the Ethics Commissioner in garnishment proceedings permitted by this Part.

R.S., c. G-5

16. Paragraph (e) of the definition "employee" in section 2 of the Government Employees Compensation Act is replaced by the following:

(e) any officer or employee of the Senate, the House of Commons, the Library of Parliament or the Office of the Ethics Commissioner;

 

R.S., c. 44 (4th Supp.)

1995, c. 12, s. 1(2)

17. The definition "Ethics Counsellor" in subsection 2(1) of the Lobbyists Registration Act is repealed.

1995, c. 12, s. 5

18. Section 10.1 of the Act is repealed.1995, c. 12, s. 5

19. (1) Subsection 10.2(1) of the Act is replaced by the following:

Lobbyists' Code of Conduct

10.2 (1) The registrar shall develop a Lobbyists' Code of Conduct respecting the activities described in subsections 5(1), 6(1) and 7(1).

1995, c. 12, s. 5

(2) Subsection 10.2(2) of the English version of the Act is replaced by the following:

Consultation

(2) In developing the Code, the registrar shall consult persons and organizations that the registrar considers are interested in the Code.

1995, c. 12, s. 5

20. Sections 10.4 to 10.6 of the Act are replaced by the following:

Investigation of breaches

10.4 (1) Where the registrar believes on reasonable grounds that a person has breached the Code, the registrar shall investigate to determine whether a breach has occurred.Powers of investigation

(2) For the purpose of conducting the investigation, the registrar may

(a) in the same manner and to the same extent as a superior court of record,

 

(i) summon and enforce the attendance of persons before the registrar and compel them to give oral or written evidence on oath, and

 

(ii) compel persons to produce any documents or other things that the registrar considers necessary for the investigation, including any record of a payment received, disbursement made or expense incurred by an individual who is required to file a return under subsection 5(1) or 6(1) or by an individual who, in accordance with paragraph 7(3)(f), is named in a return filed under subsection 7(1), in respect of any matter referred to in any of subparagraphs 5(1)(a)(i) to (vi) or paragraphs 6(1)(a) to (e) or 7(1)(a) to (e), as the case may be; and

 

(b) administer oaths and receive and accept information, whether or not it would be admissible as evidence in a court of law.

 

Investigation in private

(3) The investigation shall be conducted in private.

Evidence in other proceedings

(4) Evidence given by a person in the investigation and evidence of the existence of the investigation are inadmissible against the person in a court or in any other proceeding, other than in a prosecution of a person for an offence under section 131 of the Criminal Code (perjury) in respect of a statement made to the registrar.

Opportunity to present views

(5) Before finding that a person has breached the Code, the registrar shall give the person a reasonable opportunity to present their views to the registrar.

Confidentiality

(6) The registrar, and every person acting on behalf of or under the direction of the registrar, shall not disclose any information that comes to their knowledge in the performance of their duties and functions under this section, unless

(a) the disclosure is, in the opinion of the registrar, necessary for the purpose of conducting an investigation under this section or establishing the grounds for any findings or conclusions contained in a report under section 10.5; or

 

(b) the information is disclosed in a report under section 10.5 or in the course of a prosecution for an offence under section 131 of the Criminal Code (perjury) in respect of a statement made to the registrar.

 

Report

10.5 (1) After conducting an investigation, the registrar shall prepare a report of the investigation, including the findings, conclusions and reasons for the registrar's conclusions, and submit it to the Registrar General of Canada who shall cause a copy of it to be laid before each House of Parliament on any of the first fifteen sitting days on which that House is sitting after it is received.

Contents of report

(2) The report may contain details of any payment received, disbursement made or expense incurred by an individual who is required to file a return under subsection 5(1) or 6(1) or by an individual who, in accordance with paragraph 7(3)(f), is named in a return filed under subsection 7(1), in respect of any matter referred to in any of subparagraphs 5(1)(a)(i) to (vi) or paragraphs 6(1)(a) to (e) or 7(1)(a) to (e), as the case may be, if the registrar considers publication of the details to be in the public interest.

Annual report

10.6 The registrar shall, within three months after the end of each fiscal year, prepare a report with regard to the exercise of the powers, duties and functions conferred on the registrar under this Act during the fiscal year and submit the report to the Registrar General of Canada who shall cause a copy of it to be laid before each House of Parliament on any of the first fifteen sitting days on which that House is sitting after it is received.

R.S., c. 15 (4th Supp.)

1989, c. 7, s. 1

21. Paragraph (c) of the definition "employer" in subsection 2(1) of the Non-smokers' Health Act is replaced by the following:

(c) the Senate, House of Commons, Library of Parliament or Office of the Ethics Commissioner, in relation to employees thereof or employees of a committee of the Senate or House of Commons, as the case may be, or

R.S., c. 31 (4th Supp.)

22. The definition "federal institution" in subsection 3(1) of the Official Languages Act is amended by adding the following after paragraph (c):

(c.1) the Office of the Ethics Commissioner,

 

23. Section 33 of the Act is replaced by the following:

Regulations

33. The Governor in Council may make such regulations as the Governor in Council deems necessary to foster actively communications with and services from offices or facilities of federal institutions, other than the Senate, the House of Commons, the Library of Parliament or the Office of the Ethics Commissioner, in both official languages, where those communications and services are required under this Part to be provided in both official languages.

24. (1) The portion of subsection 38(1) of the Act before paragraph (a) is replaced by the following:

Regulations

38. (1) The Governor in Council may make regulations in respect of federal institutions, other than the Senate, the House of Commons, the Library of Parliament or the Office of the Ethics Commissioner,

(2) Paragraph 38(2)(b) of the Act is replaced by the following:

(b) substituting, with respect to any federal institution other than the Senate, the House of Commons, the Library of Parliament or the Office of the Ethics Commissioner, a duty in relation to the use of the official languages of Canada in place of a duty under section 36 or the regulations made under subsection (1), having regard to the equality of status of both official languages, where there is a demonstrable conflict between the duty under section 36 or the regulations and the mandate of the institution.

 

25. Subsection 46(1) of the Act is replaced by the following:

Responsibilities of Treasury Board

46. (1) The Treasury Board has responsibility for the general direction and coordination of the policies and programs of the Government of Canada relating to the implementation of Parts IV, V and VI in all federal institutions other than the Senate, the House of Commons, the Library of Parliament and the Office of the Ethics Commissioner.

26. Paragraph 93(a) of the Act is replaced by the following:

(a) prescribing anything that the Governor in Council considers necessary to effect compliance with this Act in the conduct of the affairs of federal institutions other than the Senate, the House of Commons, the Library of Parliament or the Office of the Ethics Commissioner; and

R.S., c. 33 (2nd Supp.)

27. The long title of the Parliamentary Employment and Staff Relations Act is replaced by the following:

An Act respecting employment and employer and employee relations in the Senate, the House of Commons, the Library of Parliament and the Office of the Ethics Commissioner

28. Paragraph 2(a) of the Act is replaced by the following:

(a) the Senate, the House of Commons, the Library of Parliament or the Office of the Ethics Commissioner, and

29. The definition "employer" in section 3 of the Act is amended by striking out the word "or" at the end of paragraph (b), by adding the word "or" at the end of paragraph (c) and by adding the following after paragraph (c):

(d) the Office of the Ethics Commissioner as represented by the Ethics Commissioner;

 

30. Section 85 of the Act is amended by striking out the word "or" at the end of paragraph (c) and by adding the following after paragraph (c):

(c.1) the Office of the Ethics Commissioner as represented by the Ethics Commissioner; or

 

R.S., c. P-21

1995, c. 12, s. 11

31. The schedule to the Privacy Act is amended by striking out the following under the heading "Other Government Institutions":

Ethics Counsellor

 

Conseiller en éthique

 

R.S., c. P-36

1996, c. 18, s. 21

32. The definition "Public Service" in subsection 3(1) of the Public Service Superannuation Act is replaced by the following:

"Public Service"

« fonction publique »

"Public Service" means the several positions in or under any department or portion of the executive government of Canada, except those portions of departments or portions of the executive government of Canada prescribed by the regulations and, for the purposes of this Part, of the Senate and House of Commons, the Library of Parliament, the Office of the Ethics Commissioner and any board, commission, corporation or portion of the public service of Canada specified in Schedule I;

 

R.S., c. R-2; 1989, c. 17, s. 2

1989, c. 17, s. 4

33. (1) Subsection 3(1) of the Radiocommunication Act is replaced by the following:

Application to Her Majesty and Parliament

3. (1) Subject to subsection (2), this Act is binding on Her Majesty in right of Canada, on the Senate, the House of Commons, the Library of Parliament and the Office of the Ethics Commissioner and on Her Majesty in right of a province.

1989, c. 17, s. 4

(2) The portion of subsection 3(2) of the Act before paragraph (a) is replaced by the following:

Exemptions

(2) The Governor in Council may by order exempt Her Majesty in right of Canada, or the Senate, House of Commons, Library of Parliament or Office of the Ethics Commissioner, as represented by the person or persons named in the order, from any or all provisions of this Act or the regulations, and such an exemption may be

Coming into Force

Order

34. The provisions of this Act come into force on a day or days to be fixed by order of the Governor in Council.