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Federal Accountability Act - Text of Bill C-2
Her Majesty, by and with the
advice and consent of the Senate and House of Commons of Canada, enacts as follows:
SHORT TITLE
Short title
1. This Act may be cited
as the Federal Accountability Act.
PART 1
CONFLICTS OF INTEREST,
ELECTION FINANCING, LOBBYING AND MINISTERS' STAFF
Conflict of Interest Act
Enactment of Act
2. The Conflict of Interest Act is enacted as follows:
An Act to establish conflict
of interest and post-employment rules for public office holders
SHORT TITLE
Short title
1. This Act may be cited
as the Conflict of Interest Act.
INTERPRETATION
Definitions
2. (1) The
following definitions apply in this Act.
"Commissioner"
« commissaire »
"Commissioner" means the
Conflict of Interest and Ethics Commissioner appointed under section 81 of the Parliament of Canada Act.
"common-law partner"
« conjoint de fait »
"common-law partner" means
a person who is cohabiting with a public office holder in a conjugal relationship, having so cohabited for a period of
at least one year.
"common-law partnership"
« union de fait »
"common-law partnership" means the relationship between two persons who are cohabiting in a conjugal relationship, having so cohabited for a
period of at least one year.
"dependent child"
« enfant à charge »
"dependent child" means a
child of a public office holder, or a child of the public office holder's spouse or common-law partner, who has not
reached the age of 18 years or who has reached that age but is primarily dependent on the public office holder or
public office holder's spouse or common-law partner for financial support.
"former reporting public office
holder"
« ex-titulaire de charge publique principal
»
"former reporting public office holder"
means a former public office holder who, while in office, was a reporting public office
holder.
"gift or other advantage"
« cadeau ou autre avantage »
"gift or other advantage" means
(a) an amount of
money if there is no obligation to repay it; and
(b) a service or
property, or the use of property or money that is provided without charge or at less than its commercial
value.
"ministerial adviser"
« conseiller ministériel »
"ministerial adviser" means a person, other than a public servant, who occupies a position in the office of a minister of the Crown or a
minister of state and who provides policy, program or financial advice to that person on issues relating to his or her
powers, duties and functions as a minister of the Crown or a minister of state, whether or not the advice is provided
on a full-time or part-time basis and whether or not the person is entitled to any remuneration or other compensation
for the advice.
"ministerial staff"
« personnel ministériel »
"ministerial staff" means
those persons, other than public servants, who work on behalf of a minister of the Crown or a minister of
state.
"private interest"
« intérêt personnel »
"private interest" does
not include an interest in a decision or matter
(a) that is of
general application;
(b) that affects a
public office holder as one of a broad class of persons; or
(c) that concerns
the remuneration or benefits received by virtue of being a public office holder.
"public office holder"
« titulaire de charge publique »
"public office holder" means
(a) a minister of
the Crown, a minister of state or a parliamentary secretary;
(b) a member of
ministerial staff;
(c) a ministerial
adviser;
(d) 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
(e) a full-time
ministerial appointee designated by the appropriate minister of the Crown as a public office holder.
"public sector entity"
« entité du secteur public »
"public sector entity" means a department or agency of the Government of Canada, a Crown corporation established by or under an Act of
Parliament or any other entity to which the Governor in Council may appoint a person.
"public servant"
« fonctionnaire »
"public servant" has the
meaning assigned by subsection 2(1) of the Public Servants Disclosure Protection
Act, but includes officers and non-commissioned members of the Canadian Forces and employees of the Canadian
Security Intelligence Service or the Communications Security Establishment.
"reporting public office
holder"
« titulaire de charge publique principal
»
"reporting public office holder"
means a public office holder who is
(a) a minister of
the Crown, minister of state or parliamentary secretary;
(b) a member of
ministerial staff who works on average 15 hours or more a week;
(c) a ministerial
adviser;
(d) a Governor in
Council appointee who exercises his or her official duties and functions on a part-time basis but receives an annual
salary and benefits;
(e) a Governor in
Council appointee who exercises his or her official duties and functions on a full-time basis; or
(f) a full-time
ministerial appointee designated by the appropriate minister of the Crown as a reporting public office
holder.
"spouse"
« époux »
"spouse" does not include
a person from whom a public office holder is separated if all support obligations and family property or patrimony have
been dealt with by a separation agreement or a court order.
Family members
(2) The following are the members of a public
office holder's family for the purposes of this Act:
(a) his or her
spouse or common-law partner; and
(b) his or her
dependent children and the dependent children of his or her spouse or common-law partner.
Relatives
(3) Persons who are related to a public office
holder by birth, marriage, common-law partnership, adoption or affinity are the public office holder's relatives for
the purposes of this Act unless the Commissioner determines, either generally or in relation to a particular public
office holder, that it is not necessary for the purposes of this Act that a person or a class of persons be considered
a relative of a public office holder.
PURPOSE
Purpose of the Act
3. The purpose of this Act
is to
(a) establish
clear conflict of interest and post-employment rules for public office holders;
(b) minimize the
possibility of conflicts arising between the private interests and public duties of public office holders and provide
for the resolution of those conflicts in the public interest should they arise;
(c) provide the
Conflict of Interest and Ethics Commissioner with the mandate to determine the measures necessary to avoid conflicts of
interest and to determine whether a contravention of this Act has occurred;
(d) encourage
experienced and competent persons to seek and accept public office; and
(e) facilitate
interchange between the private and public sector.
PART 1
CONFLICT OF INTEREST
RULES
Conflict of interest
4. For the purposes of
this Act, a public office holder is in a conflict of interest when he or she exercises an official power, duty or
function that provides an opportunity to further his or her private interests or those of his or her relatives or
friends or to improperly further another person's private interests.
General duty
5. Every public office
holder shall arrange his or her private affairs in a manner that will prevent the public office holder from being in a
conflict of interest.
Decision-making
6. (1) No public
office holder shall make a decision or participate in making a decision related to the exercise of an official power,
duty or function if the public office holder knows or reasonably should know that, in the making of the decision, he or
she would be in a conflict of interest.
Debate or vote
(2) No minister of the Crown, minister of state or
parliamentary secretary shall, in his or her capacity as a member of the Senate or the House of Commons, debate or vote
on a question that would place him or her in a conflict of interest.
Preferential treatment
7. No public office holder
shall, in the exercise of an official power, duty or function, give preferential treatment to any person or
organization based on the identity of the person or organization that represents the first-mentioned person or
organization.
Insider information
8. No public office holder
shall use information that is obtained in his or her position as a public office holder and that is not available to
the public to further or seek to further the public office holder's private interests or those of the public office
holder's relatives or friends or to improperly further or to seek to improperly further another person's private
interests.
Influence
9. No public office holder
shall use his or her position as a public office holder to seek to influence a decision of another person so as to
further the public office holder's private interests or those of the public office holder's relatives or friends or to
improperly further another person's private interests.
Offers of outside employment
10. No public office
holder shall allow himself or herself to be influenced in the exercise of an official power, duty or function by plans
for, or offers of, outside employment.
Gifts and other advantages
11. (1) No public
office holder or member of his or her family shall accept any gift or other advantage, including from a trust, that
might reasonably be seen to have been given to influence the public office holder in the exercise of an official power,
duty or function.
Exception
(2) Despite subsection (1), a public office holder
or member of his or her family may accept a gift or other advantage
(a) that is
permitted under the Canada Elections Act;
(b) that is given
by a relative or friend; or
(c) that is
received as a normal expression of courtesy or protocol, or is within the customary standards that normally accompany
the public office holder's position.
Forfeiture
(3) When a public office holder or a member of his
or her family accepts a gift or other advantage referred to in paragraph (2)(c)
that has a value of $1,000 or more, the gift or other advantage is, unless otherwise determined by the Commissioner,
forfeited to Her Majesty in right of Canada.
Travel
12. No minister of the
Crown, minister of state or parliamentary secretary, no member of his or her family and no ministerial adviser or
member of his or her ministerial staff shall accept travel on non-commercial chartered or private aircraft for any
purpose unless required in his or her capacity as a public office holder or in exceptional circumstances or with the
prior approval of the Commissioner.
Contracts with public sector
entities
13. (1) No minister
of the Crown, minister of state or parliamentary secretary shall knowingly be a party to a contract with a public
sector entity under which he or she receives a benefit, other than a contract under which he or she is entitled to
pension benefits.
Partnerships and private
companies
(2) No minister of the Crown, minister of state or
parliamentary secretary shall have an interest in a partnership or private corporation that is a party to a contract
with a public sector entity under which the partnership or corporation receives a benefit.
Exception
(3) Subsections (1) and (2) do not apply if the
Commissioner is of the opinion that the contract or interest is unlikely to affect the exercise of the official powers,
duties and functions of the minister of the Crown, minister of state or parliamentary secretary.
Contracting
14. (1) No public
office holder who otherwise has the authority shall, in the exercise of his or her official powers, duties and
functions, enter into a contract or employment relationship with his or her spouse, common-law partner, child, sibling
or parent.
Public sector entity - public office
holders
(2) No public office holder, other than a minister
of the Crown, minister of state or parliamentary secretary, who otherwise has the authority shall permit the public
sector entity for which he or she is responsible, or to which he or she is assigned, to enter into a contract or
employment relationship with his or her spouse, common-law partner, child, sibling or parent except in accordance with
an impartial administrative process in which the public office holder plays no part.
Other ministers or party
colleagues
(3) No minister of the Crown, minister of state or
parliamentary secretary who otherwise has the authority shall permit the public sector entity for which he or she is
responsible, or to which he or she is assigned, to enter into a contract or employment relationship with his or her
spouse, common-law partner, child, sibling or parent.
Public sector entity -
ministers
(4) No minister of the Crown, minister of state or
parliamentary secretary who otherwise has the authority shall permit anyone acting on his or her behalf to enter into a
contract or employment relationship with a spouse, common-law partner, child, sibling or parent of another minister of
the Crown, minister of state or parliamentary secretary or party colleague in Parliament, except in accordance with an
impartial administrative process in which the minister of the Crown, minister of state or parliamentary secretary plays
no part.
Restriction
(5) Subsection (4) does not apply in respect of the
appointment of a member of ministerial staff or a ministerial adviser.
Certain contracts excluded
(6) This section does not apply to a contract for
goods or services offered by a public sector entity on the same terms and conditions as to market price.
Prohibited activities
15. (1) No
reporting public office holder shall, except as required in the exercise of his or her official powers, duties and
functions,
(a) engage in
employment or the practice of a profession;
(b) manage or
operate a business or commercial activity;
(c) continue as,
or become, a director or officer in a corporation or an organization;
(d) hold office in
a union or professional association;
(e) serve as a
paid consultant; or
(f) be an active
partner in a partnership.
Exception for certain public office
holders
(2) Despite paragraph (1)(c), a full-time Governor in Council appointee to a directorship or office in a Crown
corporation as defined in section 83 of the Financial Administration Act may
continue as, or become, a director or officer in a financial or commercial corporation but only if the Commissioner is
of the opinion that it is not incompatible with his or her public duties as a public office holder.
Exception
(3) Despite paragraph (1)(c), a public office holder may continue as, or become, a director or officer in an
organization of a philanthropic, charitable or non-commercial character but only if the Commissioner is of the opinion
that it is not incompatible with his or her public duties as a public office holder.
Political activities
(4) Nothing in this section prohibits or restricts
the political activities of a public office holder.
Fundraising
16. No public office
holder shall personally solicit funds from any person or organization if it would place the public office holder in a
conflict of interest.
Divestiture of controlled
assets
17. No reporting public
office holder shall, unless otherwise provided in Part 2, hold controlled assets as defined in that Part.
Anti-avoidance
18. No public office
holder shall take any action that has as its purpose the circumvention of the public office holder's obligations under
this Act.
Condition of appointment or
employment
19. Compliance with this
Act is a condition of a person's appointment or employment as a public office holder.
PART 2
COMPLIANCE MEASURES
Interpretation
Definitions
20. The following
definitions apply in this Part.
"assets"
« bien »
"assets" includes any
trusts in respect of which a public office holder or a member of his or her family is a beneficiary.
"controlled assets"
« bien contrôlé »
"controlled assets" means
assets whose value could be directly or indirectly affected by government decisions or policy including, but not
limited to, the following:
(a) publicly
traded securities of corporations and foreign governments, whether held individually or in an investment portfolio
account such as, but not limited to, stocks, bonds, stock market indices, trust units, closed-end mutual funds,
commercial papers and medium-term notes;
(b)
self-administered registered retirement savings plans, self-administered registered education savings plans and
registered retirement income funds composed of at least one asset that would be considered controlled if held outside
the plan or fund;
(c) commodities,
futures and foreign currencies held or traded for speculative purposes; and
(d) stock options,
warrants, rights and similar instruments.
"exempt assets"
« bien exclu »
"exempt assets" means
assets and interests in assets for the private use of public office holders and the members of their family and assets
that are not of a commercial character, including the following:
(a) primary and
secondary residences, recreational property and farm land and buildings used or intended for use by public office
holders or the members of their family;
(b) household
goods and personal effects;
(c) works of art,
antiques and collectibles;
(d) automobiles
and other personal means of transportation;
(e) cash and
deposits;
(f) Canada Savings
Bonds and other similar investments issued or guaranteed by any level of government in Canada or agencies of those
governments;
(g) registered
retirement savings plans and registered education savings plans that are not self-administered or
self-directed;
(h) investments in
open-ended mutual funds;
(i) guaranteed
investment certificates and similar financial instruments;
(j) public sector
debt financing not guaranteed by a level of government, such as university and hospital debt financing;
(k) annuities and
life insurance policies;
(l) pension
rights;
(m) money owed by
a previous employer, client or partner;
(n) personal loans
receivable from the public office holder's relatives, and personal loans of less than $10,000 receivable from other
persons if the public office holder has loaned the moneys receivable;
(o) money owed
under a mortgage or hypothec of less than $10,000;
(p)
self-administered or self-directed registered retirement savings plans, registered education savings plans and
registered retirement income funds composed exclusively of assets that would be considered exempt if held outside the
plan or fund; and
(q) investments in
limited partnerships that are not traded publicly and whose assets are exempt assets.
Recusal
Duty to recuse
21. A public office holder
shall recuse himself or herself from any decision, debate or vote on any matter in respect of which he or she would be
in a conflict of interest.
Confidential Disclosure
Confidential report
22. (1) A reporting
public office holder shall, within 60 days after the day on which he or she is appointed as a public office holder,
provide a confidential report to the Commissioner.
Content of report
(2) The report required under subsection (1) must
contain the following:
(a) a description
of all of the reporting public office holder's assets and an estimate of their value;
(b) a description
of all of the reporting public office holder's direct and contingent liabilities, including the amount of each
liability;
(c) a description
of all income received by the reporting public office holder during the 12 months before the day of appointment and all
income the reporting public office holder is entitled to receive in the 12 months after the day of
appointment;
(d) a description
of all activities referred to in section 15 in which the reporting public office holder was engaged in the two-year
period before the day of appointment;
(e) a description
of the reporting public office holder's involvement in philanthropic, charitable or non-commercial activities in the
two-year period before the day of appointment;
(f) a description
of all of the reporting public office holder's activities as trustee, executor or liquidator of a succession or holder
of a power of attorney in the two-year period before the day of appointment; and
(g) any other
information that the Commissioner considers necessary to ensure that the reporting public office holder is in
compliance with this Act.
Additional content
(3) A minister of the Crown, minister of state or
parliamentary secretary shall make reasonable efforts to include in the report the information referred to in
subsection (2) for each member of his or her family.
Benefits from contracts
(4) A reporting public office holder shall include
in the report a description of all benefits that he or she, any member of his or her family or any partnership or
private corporation in which he or she or a member of his or her family has an interest is entitled to receive during
the 12 months after the day of appointment, as a result of a contract with the federal public administration and the
report must include a description of the subject-matter and nature of the contract.
Notification of material
change
(5) If there is a material change in any matter in
respect of which a reporting public office holder is required to provide a confidential report under this section, the
reporting public office holder shall, within 30 days after the change, file a report with the Commissioner describing
the material change.
Disclosure of gifts
23. If the total value of
all gifts or other advantages accepted by a reporting public office holder or a member of his or her family, exceeds
$200 from any one source other than relatives and friends in a 12-month period, the reporting public office holder
shall disclose the gifts or other advantages to the Commissioner within 30 days after the day on which the value
exceeds $200.
Disclosure of offers
24. (1) A reporting
public office holder shall disclose in writing to the Commissioner within seven days all firm offers of outside
employment.
Disclosure of acceptance
(2) A reporting public office holder who accepts an
offer of outside employment shall within seven days disclose his or her acceptance of the offer in writing to the
Commissioner as well as to the following persons:
(a) in the case of
a minister of the Crown or minister of state, to the Prime Minister;
(b) in the case a
parliamentary secretary, to the minister whom the parliamentary secretary assists;
(c) in the case of
deputy heads, to the Clerk of the Privy Council; and
(d) in the case of
any other reporting public office holder, to the appropriate minister.
Public
Declaraton
Public declaration - recusal
25. (1) If a
reporting public office holder has recused himself or herself to avoid a conflict of interest, the reporting public
office holder shall make a public declaration of the recusal that provides sufficient detail to identify the conflict
of interest that was avoided.
Public declaration - certain
assets
(2) A reporting public office holder shall, within
120 days after the day on which he or she is appointed as a reporting public office holder, make a public declaration
of all of his or her assets that are neither controlled assets nor exempt assets.
Public declaration -
liabilities
(3) A minister of the Crown, minister of state or
parliamentary secretary shall, within 120 days after the day on which he or she is appointed, make a public declaration
with respect to all of his or her liabilities of $10,000 or more that provides sufficient detail to identify the source
and nature of the liability but not the amount.
Public declaration - outside
activities
(4) If a reporting public office holder holds a
position referred to in subsection 15(2) or (3), the reporting public office holder shall, within 120 days after the
day on which he or she is appointed, make a public declaration of that fact.
Public declaration - gifts
(5) If a reporting public office holder or a member
of his or her family accepts any single gift or other advantage that has a value of $200 or more, other than one from a
relative or friend, the reporting public office holder shall, within 30 days after accepting the gift or other
advantage, make a public declaration that provides sufficient detail to identify the gift or other advantage accepted,
the donor and the circumstances under which it was accepted.
Public declaration - travel
(6) If travel has been accepted in accordance with
section 12, from any source, the minister of the Crown, minister of state or parliamentary secretary concerned shall,
within 30 days after the acceptance, make a public declaration that provides sufficient detail to identify the source
and the circumstances under which the travel was accepted.
Summary statement
26. (1) A reporting
public office holder shall, within 120 days after the day on which he or she is appointed, sign a summary statement
containing the information required under subsection (2) and provide it to the Commissioner.
Content
(2) The summary statement must contain the
following:
(a) for each
controlled asset of the reporting public officer holder, and for each asset of the reporting public office holder that
the Commissioner has ordered divested under section 30, a description of the asset and the method used to divest
it;
(b) for each
matter in respect of which the Commissioner has ordered a reporting public office holder to recuse himself or herself
under section 30, a description of the matter and information regarding the process to be put in place by the reporting
public office holder and others to effect the recusal; and
(c) for any other
matter in respect of which the Commissioner has issued an order to the reporting public office holder under section 30,
a description of the matter and the order, and the steps taken to comply with the order.
Divestment
Divestment on appointment
27. (1) Subject to
subsections (9) and (10), a reporting public office holder shall, within 120 days after the day on which he or she is
appointed as a reporting public office holder, divest each of his or her controlled assets by doing one of the
following:
(a) selling it in
an arm's-length transaction; or
(b) placing it in
a blind trust that meets the requirements of subsection (4).
Divestment of gift or bequest
(2) Subject to subsections (9) and (10), a
reporting public office holder shall, within 120 days after the day on which he or she receives controlled assets by
way of gift or testamentary disposition or in any other way over which the reporting public office holder has no
control, divest the controlled assets in the manner required by subsection (1).
Prohibition on blind management
agreement
(3) For greater certainty, a reporting public
office holder may not divest his or her controlled assets by any measure other than one referred to in subsection (1),
including by placing them in a blind management agreement.
Blind trust requirements
(4) The terms of a blind trust must provide
that
(a) the assets to
be placed in trust shall be registered to the trustee unless they are in a registered retirement savings plan
account;
(b) the reporting
public office holder shall not have any power of management or control over the trust assets;
(c) the trustee
shall not seek or accept any instruction or advice from the reporting public office holder concerning the management or
the administration of the assets;
(d) the assets
placed in the trust shall be listed on a schedule attached to the instrument or contract establishing the
trust;
(e) the term of
any trust shall be for as long as the reporting public office holder who establishes the trust continues to hold his or
her office, or until the trust assets have been depleted;
(f) the trustee
shall deliver the trust assets to the reporting public office holder when the trust is terminated;
(g) the trustee
shall not provide information about the trust, including its composition, to the reporting public office holder, except
for information that is required by law to be filed by the reporting public office holder and periodic reports on the
overall value of the trust;
(h) the reporting
public office holder may receive any income earned by the trust, and add to or withdraw from the capital funds in the
trust;
(i) the trustee
shall be at arm's length from the reporting public office holder and the Commissioner is to be satisfied that an arm's
length relationship exists;
(j) the trustee
must be
(i) a public trustee,
(ii) a public company, including a trust company or
investment company, that is known to be qualified to perform the duties of a trustee, or
(iii) an individual who may perform trustee duties
in the normal course of his or her work; and
(k) the trustee
shall provide the Commissioner, on every anniversary of the trust, a written annual report verifying as to accuracy the
nature and market value of the trust, a reconciliation of the trust property, the net income of the trust for the
preceding year, and the fees of the trustee, if any.
General investment
instructions
(5) Despite subsection (4), general investment
instructions may be included in a blind trust instrument or contract but only with the prior approval of the
Commissioner. The instructions may provide for proportions to be invested in various categories of risk, but may not be
industry-specific, except if there are legislative restrictions on the type of assets that a public office holder may
own.
No oral instructions
(6) For greater certainty, no oral investment
instructions may be given with respect to a blind trust contract or instrument.
Confirmation of sale or trust
(7) A reporting public office holder shall provide
to the Commissioner a confirmation of sale or a copy of any contract or instrument establishing the trust in respect of
any controlled asset divested under subsection (1).
Information confidential
(8) Unless otherwise required by law, the
Commissioner shall keep confidential all information provided by a reporting public office holder relating to a
divestment under subsection (1), except the fact that a sale has taken place or that a trust exists.
Security
(9) Subject to the approval of the Commissioner, a
reporting public office holder is not required to divest controlled assets that are given as security to a lending
institution.
Assets of minimal value
(10) A reporting public office holder who is not a
minister of the Crown, a minister of state or a parliamentary secretary is not required to divest controlled assets if,
in the opinion of the Commissioner, the assets are of such minimal value that they do not constitute any risk of
conflict of interest in relation to the reporting public office holder's official duties and responsibilities.
Functions of the Commissioner
Annual review
28. The Commissioner shall
review annually with each reporting public office holder the information contained in his or her confidential reports
and the measures taken to satisfy his or her obligations under this Act.
Determination of appropriate
measures
29. Before they are
finalized, the Commissioner shall determine the appropriate measures by which a public office holder shall comply with
this Act and, in doing so, shall try to achieve agreement with the public office holder.
Compliance order
30. In addition to the
specific compliance measures provided for in this Part, the Commissioner may order a public office holder, in respect
of any matter, to take any compliance measure, including divestment or recusal, that the Commissioner determines is
necessary to comply with this Act.
Reimbursement of costs
31. (1) The
Commissioner may order that the following administrative costs incurred by a public office holder be reimbursed:
(a) in relation to
a divestment of assets,
(i) reasonable legal, accounting and transfer costs
to establish and terminate a trust determined to be necessary by the Commissioner,
(ii) annual, actual and reasonable costs to
maintain and administer the trust, in accordance with rates set from time to time by the Commissioner,
(iii) commissions for transferring, converting or
selling assets where determined necessary by the Commissioner,
(iv) costs of other financial, legal or accounting
services required because of the complexity of the arrangements for the assets, and
(v) commissions for transferring, converting or
selling assets if there are no provisions for a tax deduction under the Income Tax
Act; and
(b) in relation to
a withdrawal from activities, the costs of removing a public office holder's name from federal or provincial registries
of corporations.
Restriction
(2) The following administrative costs are not
eligible to be reimbursed under subsection (1):
(a) charges for
the day-to-day operations of a business or commercial entity;
(b) charges
associated with winding down a business;
(c) costs for
acquiring permitted assets using proceeds from the required sale of other assets; and
(d) any income tax
adjustment that may result from the reimbursement of trust costs.
Post-employment obligations
32. Before a public office
holder's last day in office, the Commissioner shall advise the public office holder of his or her obligations under
Part 3.
PART 3
POST-EMPLOYMENT
Rules
for All Former Public Office Holders
Prohibitions after leaving
office
33. No former public
office holder shall act in such a manner as to take improper advantage of his or her previous public
office.
Previously acting for Crown
34. (1) No former
public office holder shall act for or on behalf of any person or organization in connection with any specific
proceeding, transaction, negotiation or case to which the Crown is a party and with respect to which the former public
office holder had acted for, or provided advice to, the Crown.
Improper information
(2) No former public office holder shall give
advice to his or her client, business associate or employer using information that was obtained in his or her capacity
as a public office holder and is not available to the public.
Rules
for Former Reporting Public Office Holders
Prohibition on contracting
35. (1) No former
reporting public office holder shall enter into a contract of service with, accept an appointment to a board of
directors of, or accept an offer of employment with, an entity with which he or she had direct and significant official
dealings during the period of one year immediately before his or her last day in office.
Prohibition on representations
(2) No former reporting public office holder shall
make representations whether for remuneration or not, for or on behalf of any other person or entity to any department,
organization, board, commission or tribunal with which he or she had direct and significant official dealings during
the period of one year immediately before his or her last day in office.
Prohibition on former
ministers
(3) No former reporting public office holder who
was a minister of the Crown or minister of state shall make representations to a current minister of the Crown or
minister of state who was a minister of the Crown or a minister of state at the same time as the former reporting
public office holder.
Time limits: former reporting public office
holder
36. (1) With
respect to all former reporting public office holders except former ministers of the Crown and former ministers of
state, the prohibitions set out in subsections 35(1) and (2) apply for the period of one year following the former
reporting public office holder's last day in office.
Time limits: former ministers
(2) With respect to former ministers of the Crown
and former ministers of state, the prohibitions set out in subsections 35(1) to (3) apply for a period of two years
following their last day in office.
Report to Commissioner
37. (1) A former
reporting public office holder who, during the applicable period under section 36, has any communication referred to in
paragraph 5(1)(a) of the Lobbyists
Registration Act or arranges a meeting referred to in paragraph 5(1)(b)
of that Act shall report that communication or meeting to the Commissioner.
Requirement to file return
(2) The former reporting public office holder shall
file a return that
(a) sets out, with
respect to every communication or meeting referred to in subsection (1),
(i) the name of the public office holder who was
the object of the communication or meeting,
(ii) the date of the communication or
meeting,
(iii) particulars to identify the subject-matter of
the communication or meeting, and
(iv) any other information that the Commissioner
requires; and
(b) if any
information contained in the return is no longer correct or additional information that the former reporting public
office holder would have been required to provide in the return has come to his or her knowledge after the return was
filed, provides the corrected or additional information.
Exemption
38. (1) A minister
of the Crown or a minister of state may exempt from the application of section 35 or 37 a former reporting public
office holder who, while in office, was a member of ministerial staff who worked on average 15 hours or more a week and
reported to that minister.
Criteria
(2) An exemption may only be granted under
subsection (1) in respect of a person based on the following criteria:
(a) the person was
not a senior member of the minister's staff;
(b) the person's
functions did not include the handling of files of a political or sensitive nature, such as confidential cabinet
documents;
(c) the person had
little influence, visibility or decision-making power in the minister's office; and
(d) the person's
salary level was not commensurate with the person having an important role in that office.
Decision final
(3) Every decision to grant an exemption under
subsection (1) is final and shall not be questioned or reviewed in any court, except in accordance with the
Federal Courts Act on the grounds referred to in paragraph
18.1(4)(a), (b) or (e) of that Act.
Functions of the Commissioner
Waiver or reduction of
limitations
39. (1) On
application by a reporting public office holder or a former reporting public office holder, the Commissioner may waive
or reduce any applicable period set out in section 36.
Balancing
(2) In exercising his or her discretion under
subsection (1), the Commissioner shall consider whether the public interest in granting the waiver or reduction
outweighs the public interest in maintaining the prohibition.
Factors to be considered
(3) In determining the public interest for the
purposes of subsection (2), the Commissioner shall consider the following factors:
(a) the
circumstances under which the reporting public office holder left his or her office;
(b) the general
employment prospects of the reporting public office holder or former reporting public office holder;
(c) the nature,
and significance to the Government of Canada, of information possessed by the reporting public office holder or former
reporting public office holder by virtue of that office holder's public office;
(d) the
facilitation of interchange between the private and public sector;
(e) the degree to
which the new employer might gain unfair commercial advantage by hiring the reporting public office holder or former
reporting public office holder;
(f) the authority
and influence possessed by the reporting public office holder or former reporting public office holder while in public
office; and
(g) the
disposition of other cases.
Notice of decision
(4) The decision made by the Commissioner shall be
communicated in writing to the applicant referred to in subsection (1).
Publication
(5) If the Commissioner has granted a waiver or
reduction in accordance with this section, the Commissioner shall publish the decision and the reasons in the public
registry maintained under section 51.
Decision of Commissioner
40. On receipt of a report
under section 37, the Commissioner shall immediately determine whether the former reporting public office holder is
complying with his or her obligations under this Part.
Order: official dealings
41. (1) If the
Commissioner determines that a former reporting public office holder is not complying with his or her obligations under
this Part, the Commissioner may order any current public office holders not to have official dealings with that former
reporting public office holder.
Duty to comply with order
(2) All current public officer holders shall comply
with an order of the Commissioner made under subsection (1).
No impact
42. For greater certainty,
no exemption granted in respect of a person under section 38 and no waiver or reduction granted in respect of a person
under 39 affects any obligation or prohibition that applies to that person under the Lobbyists Registration Act. |
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