72.01 The Governor in Council shall, by commission under the Great Seal, appoint an Ethics Commissioner after consultation with the leader of every recognized party in the House of Commons and after approval of the appointment by resolution of that House.

2004, c. 7, s. 4.

72.02 (1) The Ethics Commissioner holds office during good behaviour for a term of five years and may be removed for cause by the Governor in Council on address of the House of Commons. He or she may be reappointed for one or more terms of up to five years each.

(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 of up to six months.

2004, c. 7, s. 4.

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

(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 his or her ordinary place of work.

(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.

2004, c. 7, s. 4.

72.04 (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.

(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.

(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.

(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.

(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.

(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.

(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.

(8) The estimate referred to in subsection (7) shall be considered by the Speaker of the 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.

2004, c. 7, s. 4.

72.05 (1) The Ethics Commissioner shall perform the duties and functions assigned by the House of Commons for governing the conduct of its members when carrying out the duties and functions of their office as members of that House.

(2) The duties and functions of the Ethics Commissioner are carried out within the institution of the House of Commons. The Ethics Commissioner enjoys the privileges and immunities of the House of Commons and its members when carrying out those duties and functions.

(3) The Ethics Commissioner shall carry out those duties and functions under the general direction of any committee of the House of Commons that may be designated or established by that House for that purpose.

(4) For greater certainty, the administration of any ethical principles, rules or obligations established by the Prime Minister for public office holders, and applicable to ministers of the Crown, ministers of state or parliamentary secretaries, is not within the jurisdiction of the Ethics Commissioner under subsection (1) or the committee.

(5) For greater certainty, this section shall not be interpreted as limiting in any way the powers, privileges, rights and immunities of the House of Commons or its members.

2004, c. 7, s. 4.

72.06 For the purposes of sections 20.5, 72.05 and 72.07 to 72.09, “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 within the meaning of subsection 13(1) of the Department of Foreign Affairs and International Trade Act

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

(v) a military judge within the meaning of subsection 2(1) of the National Defence Act, and

(vi) 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.

2004, c. 7, s. 4.

72.061 The Prime Minister shall establish ethical principles, rules and obligations for public office holders.

2004, c. 7, s. 4.

72.062 The ethical principles, rules and obligations for public office holders shall be laid before each House of Parliament within 30 sitting days after the Prime Minister assumes office, and any subsequent changes to those ethical principles, rules and obligations shall be laid before that House within 15 sitting days after they are established.

2004, c. 7, s. 4.

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

(a) to administer any 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.

2004, c. 7, s. 4.

72.08 (1) A member of the Senate or House of Commons who has reasonable grounds to believe that a minister of the Crown, a minister of state or a parliamentary secretary has not observed the ethical principles, rules or obligations established by the Prime Minister for public holders office may, in writing, request that the Ethics Commissioner examine the matter.

(2) The request shall identify the alleged non-observance of the ethical principles, rules or obligations established by the Prime Minister for public office holders and set out the reasonable grounds for the belief that they have not been observed.

(3) The Ethics Commissioner shall examine the matter described in a request and, having regard to all the circumstances of the case, may discontinue the examination.

(4) The Ethics Commissioner shall, even if he or she discontinues the examination of a request, 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.

(5) The Ethics Commissioner shall, at the same time that the report is provided under subsection (4), provide a copy to the member who made the request — and the minister or parliamentary secretary who is the subject of the request — and make the report available to the public.

(6) The Ethics Commissioner may not include in the report any information that he or she is required to keep confidential.

2004, c. 7, s. 4.

72.09 Before providing confidential advice under paragraph 72.07(b) or a report under subsection 72.08(4), the Ethics Commissioner shall provide the public office holder concerned with a reasonable opportunity to present his or her views.

2004, c. 7, s. 4.

72.1 (1) For the purposes of paragraph 72.07(b) and section 72.08, the Ethics Commissioner has the power to summon witnesses and require them

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

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

(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.

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

(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 the person for an offence under section 131 of the Criminal Code (perjury) in respect of a statement made to the Ethics Commissioner.

(5) The Ethics Commissioner, and every person acting on behalf or under the direction of the Ethics Commissioner, may 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.

2004, c. 7, s. 4.

72.11 (1) The Ethics Commissioner shall immediately suspend an examination referred to in section 72.08 if

(a) the Ethics Commissioner believes on reasonable grounds that the minister or parliamentary secretary has committed an offence under an Act of Parliament in respect of the same subject matter, in which case the Ethics Commissioner shall notify the relevant authorities; or

(b) it is discovered that the subject matter of the examination is also the subject matter of an investigation to determine whether an offence referred to in paragraph (a) has been committed or that a charge has been laid in respect of that subject matter.

(2) The Ethics Commissioner may not continue an examination until any investigation or charge in respect of the same subject matter has been finally disposed of.

2004, c. 7, s. 4.

72.12 (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 his or her knowledge as a result of exercising any powers or performing any duties or functions of the Ethics Commissioner under this Act.

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

(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.

2004, c. 7, s. 4.

72.13 (1) Within three months after the end of each fiscal year, the Ethics Commissioner

(a) shall submit a report on his or her activities under section 72.05 for that year to the Speaker of the House of Commons, who shall table the report in that House; and

(b) shall submit a report on his or her activities under sections 72.07 and 72.08 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.

(2) The Ethics Commissioner may not include in the annual reports any information that he or she is required to keep confidential.

2004, c. 7, s. 4.

73. All books, paintings, maps and other articles that are in the joint possession of the Senate and the House of Commons, including any additions to the collection of articles, are vested in Her Majesty, for the use of both Houses of Parliament, and shall be kept in a suitable portion of the Parliament buildings appropriated for that purpose.

R.S., c. L-7, s. 2.

74. (1) The direction and control of the Library of Parliament and the officers, clerks and servants connected therewith is vested in the Speaker of the Senate and the Speaker of the House of Commons assisted, during each session, by a joint committee to be appointed by the two Houses.

(2) The Speakers of the two Houses of Parliament, assisted by the joint committee referred to in subsection (1), may, subject to the approval of the two Houses, make such orders and regulations for the government of the Library, and for the proper expenditure of moneys voted by Parliament for the purchase of books, maps or other articles to be deposited therein, as appear to them appropriate.

R.S., c. L-7, ss. 3, 4.

75. (1) The Governor in Council may, by commission under the Great Seal, appoint a Parliamentary Librarian to hold office during pleasure.

(2) The Parliamentary Librarian has the rank of a deputy head of a department of the Government of Canada and, subject to section 74, has the control and management of the Library.

(3) The Governor in Council may, by commission under the Great Seal, appoint an Associate Parliamentary Librarian to hold office during pleasure who, in addition to any duties defined in respect of the office under section 78, shall execute and perform the duties and functions of Parliamentary Librarian during the absence, illness or other incapacity of the Parliamentary Librarian or during a vacancy in the office of Parliamentary Librarian.

(4) Such officers, other than the Parliamentary Librarian and the Associate Parliamentary Librarian, and such clerks and servants as are authorized by law and required for the service of the Library may be appointed in the manner prescribed by law to hold office during pleasure.

R.S., c. L-7, ss. 5, 6.

75.1 (1) There is hereby established the position of Parliamentary Poet Laureate, the holder of which is an officer of the Library of Parliament.

(2) The Speaker of the Senate and the Speaker of the House of Commons, acting together, shall select the Parliamentary Poet Laureate from a list of three names submitted in confidence by a committee chaired by the Parliamentary Librarian and also composed of the Librarian and Archivist of Canada, the Commissioner of Official Languages for Canada and the Chair of the Canada Council.

(3) The Parliamentary Poet Laureate holds office for a term not exceeding two years, at the pleasure of the Speaker of the Senate and the Speaker of the House of Commons acting together.

(4) The Parliamentary Poet Laureate may

(a) write poetry, especially for use in Parliament on occasions of state;

(b) sponsor poetry readings;

(c) give advice to the Parliamentary Librarian regarding the collection of the Library and acquisitions to enrich its cultural holdings; and

(d) perform such other related duties as are requested by either Speaker or the Parliamentary Librarian.

2001, c. 36, s. 1; 2004, c. 11, s. 35.

76. (1) Each of the Librarians appointed under subsections 75(1) and (3) shall receive such salary as that Librarian is by law authorized to receive.

(2) The salaries of the officers, other than those referred to in subsection (1), and of the clerks and servants of the Library shall be fixed according to the scale provided by law.

R.S., c. L-7, s. 7.

77. The salaries of the officers, clerks and servants of the Library of Parliament and any casual expenses connected therewith shall be paid out of moneys provided by Parliament for that purpose.

R.S., c. L-7, s. 8.

78. The Parliamentary Librarian, the Associate Parliamentary Librarian and the other officers, clerks and servants of the Library are responsible for the faithful discharge of their official duties, as defined by regulations agreed on by the Speakers of the two Houses of Parliament and concurred in by the joint committee referred to in section 74.

R.S., c. L-7, s. 9.

79. The supply of stationery required for the use of the Library shall be furnished by the Department of Public Works and Government Services and charged to the Houses of Parliament.

R.S., 1985, c. P-1, s. 79; 1996, c. 16, s. 61.

80. (1) Notwithstanding anything contained in any Act of Parliament or regulation made thereunder, no person shall use the words “Parliament Hill” in combination

(a) to describe or designate a property, place, site or location in the National Capital Region described in the schedule to the National Capital Act other than the area of ground in the City of Ottawa bounded by Wellington Street, the Rideau Canal, the Ottawa River and Kent Street;

(b) to identify any goods, merchandise, wares or articles for commercial use or sale; or

(c) in association with a commercial establishment providing services.

(2) Every person who contravenes subsection (1) is guilty of an offence punishable on summary conviction.

(3) 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.

R.S., 1985, c. P-1, s. 80; 2001, c. 20, s. 13.

The evidence you shall give on this examination shall be the truth, the whole truth and nothing but the truth. So help you God.

I, . . . . . . . . . . . . ., do solemnly, sincerely and truly affirm and declare the taking of any oath is according to my religious belief unlawful, and I do also solemnly, sincerely and truly affirm and declare, etc.

I, . . . . . . . . . . . . ., do solemnly swear (affirm) that I will faithfully, truly and to the best of my judgment, skill and ability execute and perform the duties required of me as a member of the Board of Internal Economy of the House of Commons. (In the case where an oath is taken, add “So help me God”).

I further solemnly swear (affirm) that I will not communicate or allow to be communicated to any person without due authority in that behalf any information relating to matters of employment and staff relations, tenders, security and investigations in relation to a member of the House of Commons, nor will I allow any such person to inspect or have access to any books or documents belonging to or in the possession of the Board and relating to the business of the Board. (In the case where an oath is taken, add “So help me God”).

R.S., 1985, c. P-1, Sch.; 1991, c. 20, s. 3.