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 Sections 14 and 15 of the Parliament of Canada Act are repealed.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:
Ethics Commissioner
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.
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.
Definition of "public office holder" 72.51 For the purposes of sections 72.6 to 72.71, "public office holder" means
Mandate 72.6 The mandate of the Ethics Commissioner in relation to public office holders is
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
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
General
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 Access to Information Act
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":
R.S., c. C-10
Canada Post Corporation Act
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):
R.S., c. F-11
Financial Administration Act
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:
(2) Paragraph (c) of the definition "department" in section 2 of the Act is replaced by the following:
R.S., c. G-2
Garnishment, Attachment and Pension Diversion Act
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:
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,
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:
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:
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
Government Employees Compensation Act
16. Paragraph (e) of the definition "employee" in section 2 of the Government Employees Compensation Act is replaced by the following:
R.S., c. 44 (4th Supp.)
Lobbyists Registration Act
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
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
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.)
Non-smokers' Health Act
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:
R.S., c. 31 (4th Supp.)
Official Languages Act
22. The definition "federal institution" in subsection 3(1) of the Official Languages Act is amended by adding the following after paragraph (c):
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:
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.)
Parliamentary Employment and Staff Relations Act
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):
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):
R.S., c. P-21
Privacy Act
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":
R.S., c. P-36
Public Service Superannuation Act
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 »
R.S., c. R-2; 1989, c. 17, s. 2
Radiocommunication Act
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.
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