Federal Accountability Act - Text of Bill C-2
SUMMARY
Part 1 enacts the
Conflict of Interest Act and makes consequential amendments in
furtherance of that Act. That Act sets out substantive prohibitions governing public office holders. Compliance with
the Act is a deemed term and condition of a public office holder's appointment or employment. The Act also sets out a
detailed regime of compliance measures to ensure conformity with the substantive prohibitions, certain of which apply
to all public office holders and others of which apply to reporting public office holders. The Act also provides for a
regime of detailed post-employment rules. Finally, the Act establishes a complaints regime, sets out the powers of
investigation of the Commissioner and provides for public reporting as well as a regime of administrative monetary
penalties.
Amongst other matters, the
consequential amendments to the Parliament of Canada Act provide for the appointment and office of the Conflict of Interest and Ethics Commissioner along with his or her
tenure, expenses, duties and other administrative matters.
Part 1 also amends the
Canada Elections Act to
(a) reduce
to $1,000 the amount that an individual may contribute annually to a registered party, and create a distinct $1,000
annual limit on contributions to the registered associations, the nomination contestants and the candidates of a
registered party;
(b) reduce
to $1,000 the amount that an individual may contribute to an independent candidate or to a leadership
contestant;
(c) reduce
to $1,000 the amount that a nomination contestant, a candidate or a leadership contestant may contribute to his or her
own campaign in addition to the $1,000 limit on individual contributions;
(d) totally
ban contributions by corporations, trade unions and associations by repealing the exception that allows them to make an
annual contribution of $1,000 to the registered associations, the candidates and the nomination contestants of a
registered party and a contribution of $1,000 to an independent candidate during an election period;
(e) ban cash
donations of more than $20, and reduce to $20 the amount that may be contributed before a receipt must be issued or, in
the case of anonymous contributions following a general solicitation at a meeting, before certain record-keeping
requirements must be met; and
(f) increase
to 5 years after the day on which the Commissioner of Canada Elections became aware of the facts giving rise to a
prosecution, and to 10 years following the commission of an offence, the period within which a prosecution may be
instituted.
Other amendments to the
Canada Elections Act prohibit candidates from accepting gifts
that could reasonably be seen to have been given to influence the candidate in the performance of his or her duties and
functions as a member, if elected. The wilful contravention of this prohibition is considered to be a corrupt practice.
A new disclosure requirement is introduced to require candidates to report to the Chief Electoral Officer any gifts
received with a total value exceeding $500. Exceptions are provided for gifts received from relatives, as well as gifts
of courtesy or of protocol. The amendments also prohibit registered parties and registered associations from
transferring money to candidates directly from a trust fund.
The amendments to the
Lobbyists Registration Act rename the Act and provide for the
appointment by the Governor in Council of a Commissioner of Lobbying after approval by resolution of both Houses of
Parliament. They broaden the scope for investigations by the Commissioner, extend to 10 years the period in respect of
which contraventions may be investigated and prosecuted, and increase the penalties for an offence under the Act. In
addition, they empower the Commissioner to prohibit someone who has committed an offence from lobbying for a period of
up to two years, prohibit the acceptance and payment of contingency fees and prohibit certain public office holders
from lobbying for a period of five years after leaving office. They require lobbyists to report their lobbying
activities involving certain public office holders and permit the Commissioner to request those office holders to
confirm or correct the information reported by lobbyists.
Amendments to the
Parliament of Canada Act prohibit members of the House of
Commons from accepting benefits or income from certain trusts and require them to disclose all trusts to the Conflict
of Interest and Ethics Commissioner. The amendments also authorize the Conflict of Interest and Ethics Commissioner to
issue orders requiring members to terminate most trusts and prohibiting them from using the proceeds from their
termination for political purposes. In cases where the trusts are not required to be terminated, the amendments
authorize the Conflict of Interest and Ethics Commissioner to make orders prohibiting members from using the trusts for
political purposes. An offence is created for members who do not comply with such orders.
Finally, Part 1 amends the
Public Service Employment Act to remove the right of employees
in ministers' offices to be appointed without competition to positions in the public service for which the Public
Service Commission considers them qualified.
Part 2 harmonizes the appointment
and removal provisions relating to certain officers. It also requires a parliamentary resolution approving such
appointments to be based on a secret ballot of the members of the relevant House.
Amendments to the
Parliament of Canada Act establish within the Library of
Parliament a position to be known as the Parliamentary Budget Officer whose mandate is to provide objective analysis to
the Senate and to the House of Commons about the state of the nation's finances and trends in the national economy, to
undertake research into the nation's finances and economy when requested to do so by certain Parliamentary committees,
and to provide estimates of the costs of proposals contained in Bills introduced by members of Parliament other than in
their capacity as ministers of the Crown. The amendments also provide the Parliamentary Budget Officer with a right of
access to data that are necessary for the performance of his or her mandate.
Part 3 enacts the
Director of Public Prosecutions Act which provides for the
appointment of the Director of Public Prosecutions and one or more Deputy Directors. That Act gives the Director the
authority to initiate and conduct criminal prosecutions on behalf of the Crown that are under the jurisdiction of the
Attorney General of Canada. That Act also provides that the DPP has the power to make binding and final decisions as to
whether to prosecute, unless the Attorney General of Canada directs otherwise, and that such directives must be in
writing and published in the Canada Gazette. The
Director holds office for a non-renewable term of seven years during good behaviour and is the Deputy Attorney General
of Canada for the purposes of carrying out the work of the office. The Director is given responsibility, in place of
the Commissioner of Canada Elections, for prosecutions of offences under the Canada Elections Act.
Part 3 also amends the
Access to Information Act to add five officers, seven Crown
corporations and three foundations to Schedule I, to adjust some of the exemption provisions accordingly and to include
new exemptions or exclusions relating to the added officers and Crown corporations. It adds any of those officers,
Crown corporations and foundations that are not already included in the schedule to the Privacy Act to that schedule and makes other consequential amendments to
the Privacy Act. It amends the Export Development Act to include a provision for the confidentiality of
information. It revises certain procedures relating to the processing of requests and handling of complaints and allows
for increases to the number of investigators the Information Commissioner may designate to examine records related to
defence and national security.
Amendments to the
Library and Archives of Canada Act provide for an obligation
to send final reports on government public opinion research to the Library and Archives of Canada.
Finally, Part 3 amends the
Public Servants Disclosure Protection Act to
(a)
establish the Public Servants Disclosure Protection Tribunal and empower it to make remedial orders in favour of
victims of reprisal and to order disciplinary action against the person or persons who took the reprisal;
(b) provide
for the protection of all Canadians, not just public servants, who report government wrongdoings to the Public Sector
Integrity Commissioner;
(c) remove
the Governor in Council's ability to delete the name of Crown corporations and other public bodies from the schedule to
the Act;
(d) require
the prompt public reporting by chief executives and the Public Sector Integrity Commissioner of cases of
wrongdoing;
(e) permit
the Public Sector Integrity Commissioner to provide access to legal advice relating to the Act; and
(f)
authorize the Public Sector Integrity Commissioner to make awards to persons who have shown courage in defending the
public interest by reporting wrongdoings.
Part 4 amends the
Financial Administration Act to create a new schedule that
identifies and designates certain officials as accounting officers and, within the framework of their appropriate
minister's responsibilities and accountability to Parliament, sets out the matters for which they are accountable
before the appropriate committee of Parliament. A regime for the resolution of issues related to the interpretation or
application of a policy, directive or standard issued by the Treasury Board is established along with a requirement
that the Treasury Board provide a copy of its decision to the Auditor General of Canada.
Part 4 also amends the
Financial Administration Act and the Criminal Code to create indictable offences for fraud with respect to
public money or money of a Crown corporation, and makes persons convicted of those offences ineligible to be employed
by the Crown or the corporation or to otherwise contract with the Crown.
Other amendments to the
Financial Administration Act clarify the authority of the
Treasury Board to act on behalf of the Queen's Privy Council for Canada on matters related to internal audit in the
federal public administration. They also set out the deputy head's responsibility for ensuring that there is an
internal audit capacity appropriate to the needs of the department and requires them, subject to directives of the
Treasury Board, to establish an audit committee. The Financial Administration
Act, the Farm Credit Canada Act and Public Sector Pension Investment Board Act are
amended to require Crown corporations to establish audit committees composed of members who are not officers or
employees of the corporation. Other amendments to the Financial
Administration Act require, subject to directions of the Treasury Board, that all grant and
contribution programs be reviewed at least every five years to ensure their relevance and effectiveness.
Amendments made to the
Financial Administration Act and to the constituent
legislation of a number of Crown corporations provide for appointments of directors for up to four years from a current
maximum of three years.
Part 4 also amends the
Canadian Dairy Commission Act, the Enterprise Cape Breton Corporation Act and the National Capital Act to require different individuals to perform the
duties of chair of the Board of Directors and chief executive officer of the corporation.
Part 5 amends the
Auditor General Act by expanding the class of recipients of
grants, contributions and loans into which the Auditor General of Canada may inquire as to the use of funds, whether
received from Her Majesty in right of Canada or a Crown corporation. Other amendments provide certain immunities to the
Auditor General.
Amendments to the
Department of Public Works and Government Services Act provide
for the appointment and mandate of a Procurement Auditor.
Part 5 also amends the
Financial Administration Act to provide for a government
commitment to fairness, openness and transparency in government contract bidding, and a regulation-making power to deem
certain clauses to be set out in government contracts in relation to prohibiting the payment of contingency fees and
respecting corruption and collusion in the bidding process for procurement contracts, declarations by bidders in
respect of specific criminal offences, and the provision of information to the Auditor General of Canada by recipients
under funding agreements.
Part 1 - Conflicts of Interest, Election Financing, Lobbying and Ministers' Staff Part 2 - Supporting Parliament Part 4 - Administrative Oversight and Accountability Part 5 - Procurement and Contracting BILL C-2
1stSession, 39th Parliament
55 Elizabeth II,
2006
HOUSE OF COMMONS OF CANADA
An Act providing for conflict
of interest rules, restrictions on election financing and measures respecting administrative transparency, oversight
and accountability
Federal Accountability
Act
Accountability
Tabled:
2006--]
THE PRESIDENT OF THE TREASURY
BOARD
90367-2006-4-10
TABLE OF PROVISIONS
AN ACT PROVIDING FOR CONFLICT OF
INTEREST RULES, RESTRICTIONS ON ELECTION FINANCING AND MEASURES RESPECTING ADMINISTRATIVE TRANSPARENCY, OVERSIGHT AND
ACCOUNTABILITY
SHORT TITLE
1. Federal
Accountability Act
CONFLICTS OF INTEREST,
ELECTION FINANCING, LOBBYING AND MINISTERS' STAFF
Conflict of Interest Act
Enactment of Act
2. Enactment of Act
AN ACT TO ESTABLISH CONFLICT OF
INTEREST AND POST-EMPLOYMENT RULES FOR PUBLIC OFFICE HOLDERS
SHORT TITLE
1. Conflict of
Interest Act
INTERPRETATION
2. Definitions
PURPOSE
3. Purpose of the Act
PART 1
CONFLICT OF INTEREST RULES
4. Conflict of interest
5. General duty
6. Decision-making
7. Preferential treatment
8. Insider information
9. Influence
10. Offers of outside employment
11. Gifts and other advantages
12. Travel
13. Contracts with public sector entities
14. Contracting
15. Prohibited activities
16. Fundraising
17. Divestiture of controlled assets
18. Anti-avoidance
19. Condition of appointment or employment
PART 2
COMPLIANCE MEASURES
Interpretation
20. Definitions
Recusal
21. Duty to recuse
Confidential Disclosure
22. Confidential report
23. Disclosure of gifts
24. Disclosure of offers
Public Declaration
25. Public declaration - recusal
26. Summary statement
Divestment
27. Divestment on appointment
Functions of the Commissioner
28. Annual review
29. Determination of appropriate measures
30. Compliance order
31. Reimbursement of costs
32. Post-employment obligations
PART 3
POST-EMPLOYMENT
Rules
for All Former Public Office Holders
33. Prohibition after leaving office
34. Previously acting for Crown
Rules
for Reporting Public Office Holders
35. Prohibition on contracting
36. Time limits: Former reporting public office holder
37. Report to Commissioner
38. Exemption
Functions of the Commissioner
39. Waiver or reduction of limitations
40. Decision of Commissioner
41. Order: official dealings
42. No impact
PART 4
ADMINISTRATION AND ENFORCEMENT
Mandate
and Powers of the Commissioner
43. Confidential advice
44. Request from parliamentarian
45. Examination on own initiative
46. Presentation of views
47. Conclusion in report final
48. Powers
49. Suspension of examination
50. No summons
Public
Registry
51. Public registry
Administrative Monetary Penalties
52. Violation
53. Notice of violation
54. Regulations
55. Payment of penalty
56. Representations to Commissioner
57. Failure to act
58. Due diligence available
59. Evidence
60. Limitation
61. Recovery of administrative monetary penalties
62. Publication
PART 5
GENERAL
63. Section 126 of Criminal Code
64. Activities on behalf of constituents
65. Limitation period
66. Orders and decisions final
Transitional Provisions
3. Positions
Consequential Amendments
4. Canada Post Corporation Act
5-6. Federal Courts Act
7. Financial Administration Act
8. First Nations Fiscal and Statistical Management Act
9-17. Garnishment, Attachment and Pension Diversion Act
18. Government Employees Compensation Act
19. Non-smokers' Health Act
20-25. Official Languages Act
26-28. Parliament of Canada Act
29-32. Parliamentary Employment and Staff Relations Act
33. Public Service Superannuation Act
34. Radiocommunication Act
Coordinating Amendments
35. Lobbying Act
36. Lobbying Act
37. Public Servants Disclosure Protection Act
38. Federal Courts Act
Canada Elections Act
Amendments to Act
39-59. Amendments
Transitional Provisions
60. Transitional - Registered associations
61. Transitional - Candidates
62. Transitional - Nomination campaigns
Consequential Amendments
63-64. Income Tax Act
Lobbyists Registration Act
Amendments to Act
65-81. Amendments
Terminology
82. Replacement of references
Transitional
Provisions
83. Reference to Act
84. Commissioner
85. Pending investigations
86. Transfer of appropriations
87. Contingent payments
88. Former
senior public office holders
Consequential Amendments
89-91. Access to Information Act
92-95. Financial Administration Act
96. Official Languages Act
97-98. Privacy Act
Parliament of Canada Act
99. Amendment
Public Service Employment Act
Amendments to Act
100-106. Amendments
Transitional
Provision
107. Employees of ministers' offices
Coming into Force
108. Coming into force
PART 2
SUPPORTING
PARLIAMENT
Access to Information Act
109. Amendments
Auditor General Act
110. Amendments
Canada Elections Act
111. Amendment
Official Languages Act
112. Amendments
Parliament of Canada Act
113-119. Amendments
Privacy Act
120. Amendments
Public Servants Disclosure Protection Act
121. Amendments
Transitional Provision
122. Transitional - continuation in office
PART 3
OFFICE OF THE DIRECTOR
OF PUBLIC PROSECUTIONS, ADMINISTRATIVE TRANSPARENCY AND DISCLOSURE OF WRONGDOING
Director of Public Prosecutions Act
Enactment of
Act
123. Enactment of Act
AN ACT RESPECTING THE OFFICE OF
THE DIRECTOR OF PUBLIC PROSECUTIONS
SHORT TITLE
1. Director of
Public Prosecutions Act
INTERPRETATION
2. Definitions
DIRECTOR OF PUBLIC
PROSECUTIONS
3. Appointment
4. Selection committeen
5. Tenure and term
DEPUTY DIRECTORS, PROSECUTORS
AND OTHER STAFF
6. Deputy Director
7. Employed federal prosecutors
8. Other staff
DELEGATION
9. Delegation
DIRECTIVES
10. Directive from Attorney General - specific
prosecution
11. Delay in publication - directive
12. Directive not statutory instrument
ISSUES OF GENERAL PUBLIC
INTEREST
13. Duty to inform
14. Intervention
ASSUMING CONDUCT OF
PROSECUTION
15. Taking conduct of prosecution
ANNUAL REPORT
16. Annual report
Transitional
Provisions
124. Definition of "other Act"
125. Acting Director
126. Transfer of employees
127. Non-employed federal prosecutors
128. Transfer of appropriations
129. Continuation of prosecutions
130. Election-related prosecutions
Consequential Amendments
131. Access to Information Act
132-138. Canada Elections Act
139. Department of Justice Act
140-141. Financial Administration Act
142. Privacy Act
Access to Information Act
143-172. Amendments
Canada Elections Act
Amendments to
Act
173-177. Amendments
Transitional
Provisions
178. Returning officers
Export Development Act
179. Amendment
Library and Archives of Canada Act
180. Amendment
Privacy Act
181-193. Amendments
Public Servants Disclosure Protection Act
Amendments to Act
194-226. Amendments
Coordinating Amendment
227. Coordinating Amendment
Salaries Act
228. Amendment
Coming into Force
229. Order in council
PART 4
ADMINISTRATIVE
OVERSIGHT AND ACCOUNTABILITY
Broadcasting Act
230. Amendment
Business Development Bank of Canada Act
231. Amendment
Canada Council for the Arts Act
232. Amendment
Canada Mortgage And Housing Corporation Act
233-235. Amendments
Canada Post Corporation Act
236-238. Amendments
Canada Revenue Agency Act
239. Amendment
Canadian Commercial Corporation Act
240. Amendment
Canadian Dairy Commission Act
Amendments to
Act
241-243. Amendments
Transitional
Provision
244. Transitional - Chairman
Canadian Race Relations Foundation Act
245-246. Amendments
Cape Breton Development Corporation Act
247. Amendment
Criminal Code
248. Amendment
Enterprise Cape Breton Corporation Act
Amendments to Act
249-254. Amendments
Transitional
Provision
255. Transitional - Vice-President
Export Development Act
256. Amendment
Farm Credit Canada Act
257-258. Amendments
Financial Administration Act
Amendments to Act
259-272. Amendments
Coordinating Amendments
273. Commissioner of Lobbying
274. Commissioner of Lobbying
275. Director of Public Prosecutions
276. 2005,
c. 46
277. 2005,
c. 46
Freshwater Fish Marketing Act
278-280. Amendments
Museums Act
281. Amendment
National Arts Centre Act
282-284. Amendments
National Capital Act
285-291. Amendments
Pilotage Act
292-296. Amendments
Public Sector Pension Investment Board Act
297-299. Amendments
Royal Canadian Mint Act
300. Amendment
Standards Council of Canada Act
301. Amendment
Telefilm Canada Act
302. Amendment
Coming into Force
303. Order in council
PART 5
PROCUREMENT AND
CONTRACTING
Auditor General Act
304-308. Amendments
Department of Public Works and Government Services Act
309-310. Amendments
Financial Administration Act
Amendments to Act
311-315. Amendments
Coordinating Amendment
316. Coordinating Amendment
Coming into Force
317. Order in council
SCHEDULE
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.
PART 4
ADMINISTRATION AND
ENFORCEMENT
Mandate
and Powers of the Commissioner
Confidential advice
43. In addition to
carrying out his or her other duties and functions under this Act, the Commissioner shall
(a) provide
confidential advice to the Prime Minister, including on the request of the Prime Minister, with respect to the
application of this Act to individual public office holders; and
(b) provide
confidential advice to individual public office holders with respect to their obligations under this Act.
Request from parliamentarian
44. (1) A member of
the Senate or House of Commons who has reasonable grounds to believe that a public office holder or former public
office holder has contravened this Act may, in writing, request that the Commissioner examine the matter.
Content of request
(2) The request shall identify the provisions of
this Act alleged to have been contravened and set out the reasonable grounds for the belief that the contravention has
occurred.
Examination
(3) If the Commissioner determines that the request
is frivolous or vexatious or is made in bad faith, he or she may decline to examine the matter. Otherwise, he or she
shall examine the matter described in the request and, having regard to all the circumstances of the case, may
discontinue the examination.
Information from public
(4) In conducting an examination, the Commissioner
may consider information from the public that is brought to his or her attention by a member of the Senate or House of
Commons indicating that a public office holder or former public office holder has contravened this Act. The member
shall identify the alleged contravention and set out the reasonable grounds required under subsection (5).
Reasonable grounds
(5) Before drawing the Commissioner's attention to
any information under subsection (4), the member of the Senate or House of Commons must first be satisfied that the
information constitutes reasonable grounds to believe that the public office holder or former public office holder has
contravened this Act.
Duty to refer
(6) If the member of the Senate or House of Commons
is satisfied that the information referred to in subsection (5) constitutes reasonable grounds to believe that the
public office holder or former public office holder has contravened this Act, the member shall draw that information to
the attention of the Commissioner.
Attestation
(7) A member of the Senate or House of Commons who
makes a request under subsection (1), or draws information to the attention of the Commissioner under subsection (4),
must by oath or affirmation attest to the reasonable grounds that form the basis of his or her belief that the public
office holder or former public office holder has contravened this Act.
Confidentiality
(8) If a member of the Senate or House of Commons
receives information referred to in subsection (4), the member, while considering whether to bring that information to
the attention of the Commissioner under subsection (6), shall not disclose that information to anyone. If the member
brings that information to the attention of the Commissioner under that subsection, the member shall not disclose that
information to anyone until the Commissioner has issued a report under this section in respect of the
information.
Report
(9) The Commissioner shall provide the Prime
Minister with a report setting out the facts in question as well as the Commissioner's analysis and conclusions in
relation to the request. The report shall be provided even if the Commissioner determines that the request was
frivolous or vexatious or was made in bad faith or the examination of the matter was discontinued under subsection
(3).
Making report available
(10) The Commissioner shall, at the same time that
the report is provided under subsection (9), provide a copy of it to the member who made the request - and the public
office holder or former public office holder who is the subject of the request - and make the report available to the
public.
Confidentiality
(11) The Commissioner may not include in the report
any information that he or she is required to keep confidential.
Examination on own initiative
45. (1) If the
Commissioner has reason to believe that a public office holder or former public office holder has contravened this Act,
the Commissioner may examine the matter on his or her own initiative.
Discontinuance
(2) The Commissioner, having regard to all the
circumstances of the case, may discontinue the examination.
Report
(3) Unless the examination is discontinued, the
Commissioner shall provide the Prime Minister with a report setting out the facts in question as well as the
Commissioner's analysis and conclusions.
Making report available
(4) The Commissioner shall, at the same time that
the report is provided under subsection (3), to the Prime Minister, provide a copy of it to the public office holder or
former public office holder who is the subject of the report and make the report available to the public.
Presentation of views
46. Before providing
confidential advice under paragraph 43(a) or a report under section 44 or 45,
the Commissioner shall provide the public office holder or former public office holder concerned with a reasonable
opportunity to present his or her views.
Conclusion in report final
47. A conclusion by the
Commissioner set out in a report under section 44 or 45 that a public office holder or former public office holder has
or has not contravened this Act may not be altered by anyone but is not determinative of the measures to be taken as a
result of the report.
Powers
48. (1) For the
purposes of paragraph 43(a) and sections 44 and 45, the 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 affirmation;
and
(b) to produce any
documents and things that the Commissioner considers necessary.
Enforcement
(2) The 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 exercised in private
(3) The powers referred to in subsections (1) and
(2) shall be exercised 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 the person
for an offence under section 131 of the Criminal Code (perjury) in respect of
a statement made to the Commissioner.
Confidentiality
(5) Unless otherwise required by law, the
Commissioner, and every person acting on behalf or under the direction of the 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 Commissioner, essential for the purposes of carrying out his or her powers under subsection
(1) or establishing the grounds for any conclusion contained in a report under section 44 or 45; or
(b) the
information is disclosed in a report referred to in paragraph (a) 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 Commissioner.
Suspension of examination
49. (1) The
Commissioner shall immediately suspend an examination under section 43, 44 or 45 if
(a) the
Commissioner believes on reasonable grounds that the public office holder or former public office holder has committed
an offence under an Act of Parliament in respect of the same subject-matter, in which case the 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.
Investigation continued
(2) The Commissioner may not continue an
examination until any investigation or charge in respect of the same subject-matter has been finally disposed of.
No summons
50. (1) The
Commissioner, or any person acting on behalf or under the direction of the 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 Commissioner under this Act.
Protection
(2) No criminal or civil proceedings lie against
the Commissioner, or any person acting on behalf or under the direction of the 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 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 Commissioner may otherwise enjoy under
section 86 or 87 of the Parliament of Canada Act.
Public
Registry
Public registry
51. (1) The
Commissioner shall maintain a registry consisting of the following documents for examination by the public:
(a) public
declarations made under section 25;
(b) summary
statements made under section 26;
(c) notes of every
gift or other advantage forfeited under subsection 11(3);
(d) decisions on
waiver or reduction applications under section 39 and the accompanying reasons; and
(e) any other
documents that the Commissioner considers appropriate.
Confidences of Queen's Privy
Council
(2) If a public office holder has recused himself
or herself in respect of a matter before the Queen's Privy Council for Canada and a public declaration is made in
respect of that recusal under subsection 25(1),
(a) no publication
of the declaration shall be made if the very fact of the recusal could reveal, directly or indirectly, any of the
following:
(i) a confidence of the Queen's Privy Council for
Canada in respect of which subsection 39(1) of the Canada Evidence Act
applies, and
(ii) special operational information within the
meaning of subsection 8(1) of the Security of Information Act; and
(b) no publication
of the declaration shall include any detail that could reveal, directly or indirectly, any of the
following:
(i) a confidence of the Queen's Privy Council for
Canada in respect of which subsection 39(1) of the Canada Evidence Act
applies,
(ii) special operational information within the
meaning of subsection 8(1) of the Security of Information Act,
(iii) information that is subject to
solicitor-client privilege,
(iv) information that is subject to any restriction
on disclosure created by or under any other Act of Parliament,
(v) information that could reasonably be expected
to cause injury to international relations, national defence or national security, or to the detection, prevention or
suppression of criminal, subversive or hostile activities,
(vi) information that could reasonably be expected
to cause injury to the privacy interests of an individual, or
(vii) information that could reasonably be expected
to cause injury to commercial interests.
Administrative Monetary Penalties
Violation
52. Every public office
holder who contravenes one of the following provisions commits a violation and is liable to an administrative monetary
penalty not exceeding $500:
(a) subsections
22(1), (2) and (5);
(b) section
23;
(c) subsections
24(1) and (2);
(d) subsections
25(1) to (6);
(e) subsections
26(1) and (2); and
(f) subsection
27(7).
Notice of violation
53. (1) If the
Commissioner believes on reasonable grounds that a public office holder has committed a violation, the Commissioner may
issue, and shall cause to be served on the public office holder, a notice of violation.
Contents of notice
(2) A notice of violation must
(a) set out the
name of the public office holder believed to have committed a violation;
(b) identify the
violation;
(c) set out the
penalty that the Commissioner proposes to impose;
(d) inform the
public office holder that he or she may, within 30 days after the notice is served or within any longer period
specified by the Commissioner, pay the penalty set out in the notice or make representations to the Commissioner with
respect to the alleged violation or proposed penalty and set out the manner for doing so; and
(e) inform the
public office holder that, if he or she does not pay the penalty or make representations in accordance with the notice,
he or she will be considered to have committed the violation and the Commissioner may impose a penalty in respect of
it.
Criteria for penalty
(3) The amount of a proposed penalty is, in each
case, to be determined taking into account the following matters:
(a) the fact that
penalties have as their purpose to encourage compliance with this Act rather than to punish;
(b) the public
office holder's history of prior violations under this Act during the five-year period immediately before the
violation; and
(c) any other
relevant matter.
Regulations
54. The Governor in
Council may make regulations respecting the service of documents required or authorized to be served under sections 53
to 57, including the manner and proof of service and the circumstances under which documents are deemed to be
served.
Payment of penalty
55. If the public office
holder pays the penalty proposed in the notice of violation, he or she is considered to have committed the violation
and proceedings in respect of it are ended.
Representations to
Commissioner
56. (1) If the
public office holder makes representations to the Commissioner in accordance with the notice of violation, the
Commissioner shall decide, on a balance of probabilities, whether the public office holder committed the violation and,
if so, may impose the penalty proposed, a lesser penalty or no penalty.
Notice of decision
(2) The Commissioner shall cause notice of any
decision made under subsection (1) to be served on the public office holder.
Failure to act
57. A public office holder
who neither pays the penalty nor makes representations in accordance with the notice of violation is deemed to have
committed the violation. The Commissioner shall impose the penalty proposed and notify the public office holder of the
penalty imposed.
Due diligence available
58. (1) Due
diligence is a defence in a proceeding in relation to a violation.
Common law principles
(2) Every rule and principle of the common law that
renders any circumstance a justification or excuse in relation to a charge for an offence applies in respect of a
violation to the extent that it is not inconsistent with this Act.
Evidence
59. In any proceeding, a
notice appearing to have been issued under subsection 53(1) or 56(2) is admissible in evidence without proof of the
signature or official character of the person appearing to have signed it.
Limitation
60. (1) Proceedings
in respect of a violation may be commenced at any time within but not later than five years after the day on which the
Commissioner became aware of the subject-matter of the proceedings.
Certificate of Commissioner
(2) A document appearing to have been issued by the
Commissioner, certifying the day on which the subject-matter of any proceedings became known to the Commissioner, is
admissible in evidence without proof of the signature or official character of the person appearing to have signed the
document and is, in the absence of evidence to the contrary, proof of the matter asserted in it.
Recovery of administrative monetary
penalties
61. Any administrative
monetary penalty required to be paid by a public office holder constitutes a debt due to Her Majesty and may be
recovered as a debt from the public office holder in the Federal Court or any other court of competent
jurisdiction.
Publication
62. If an administrative
monetary penalty is imposed on a public office holder in respect of a violation, the Commissioner shall make public the
nature of the violation, the name of the public office holder who committed it and the amount of the penalty
imposed.
PART 5
GENERAL
Section 126 of Criminal Code
63. Section 126 of the
Criminal Code does not apply to or in respect of any contravention or alleged
contravention of any provision of this Act.
Activities on behalf of
constituents
64. Nothing in this Act
prohibits a minister of the Crown, minister of state or parliamentary secretary from engaging in those activities that
he or she would normally carry out as a member of the Senate or the House of Commons.
Limitation period
65. Proceedings under this
Act may be taken at any time within but not later than five years after the day on which the Commissioner became aware
of the subject-matter of the proceedings and, in any case, not later than ten years after the day on which the
subject-matter of the proceeding arose.
Orders and decisions final
66. Every order and
decision of the Commissioner 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.
Transitional Provisions
Positions
3. (1) An employee who occupies a position in
the office of the Senate Ethics Officer or the office of the Ethics Commissioner immediately before the day on which
section 81 of the Parliament of Canada Act, as
enacted by section 28 of this Act, comes into force continues in that position, except that from that day the employee
occupies that position in the office of the Conflict of Interest and Ethics Commissioner.
Transfer of appropriation
(2) Any amount appropriated, for the
fiscal year in which this section comes into force, by an appropriation Act based on the Estimates for that year for
defraying the charges and expenses of the office of the Senate Ethics Officer or the office of the Ethics Commissioner
that, on the day on which this section comes into force, is unexpended is deemed, on that day, to be an amount
appropriated for defraying the charges and expenses of the office of the Conflict of Interest and Ethics
Commissioner.
References
(3) Every reference to the Senate Ethics
Officer or the Ethics Commissioner in any deed, contract, agreement, instrument or other document executed by either
person is to be read as a reference to the Conflict of Interest and Ethics Commissioner, unless the context otherwise
requires.
Continuation of proccedings
(4) Any action, suit or other legal or
administrative proceeding to which the Senate Ethics Officer or the Ethics Commissioner is a party that is pending on
the coming into force of this section may be continued by or against the Conflict of Interest and Ethics Commissioner
in a similar manner and to the same extent as it would have been continued by or against the Senate Ethics Officer or
the Ethics Commissioner.
Transfer of data
(5) All information that, on the day on
which this section comes into force, is in the possession or control of the Senate Ethics Officer or the Ethics
Commissioner relating to the exercise of their powers, duties and functions under the Parliament of Canada Act is, as of that day, under the control of the Conflict of
Interest and Ethics Commissioner.
Jurisdiction of the
Commissioner
(6) The Conflict of Interest and Ethics
Commissioner has, with respect to persons subject to and obligations established by The
Conflict of Interest and Post-Employment Code for Public Office Holders, as issued from
time to time, the same powers, duties and functions that the Ethics Officer or Ethics Commissioner had in relation to
those persons and obligations. In addition, the Conflict of Interest and Ethics Commissioner has all the powers, duties
and functions of the Commissioner under the Conflict of Interest Act
in relation to those persons and obligations.
Exception
(7) Subsection (6) does not apply to any
conduct in respect of which the Ethics Counsellor or Ethics Commissioner had reached a final decision.
Request from parliamentarian
(8) A member of the Senate or House of
Commons may, with respect to conduct governed by The Conflict of Interest and
Post-Employment Code for Public Office Holders, as issued from time to time, make a
request to the Conflict of Interest and Ethics Commissioner in accordance with section 44 of the Conflict of Interest Act.
Consequential Amendments
R.S., c. C-10
Canada Post Corporation
Act
2004, c. 7, s. 6
4. Paragraph 35(2)(d) of the Canada Post Corporation Act is replaced
by the following:
(d) the
Conflict of Interest and Ethics Commissioner
EXPLANATORY NOTES
Canada Post
Corporation Act
Clause
4: Relevant portion of subsection 35(2):
(2) Subject to subsection (3), mail
to or from
...
(d) the Ethics Commissioner or Senate Ethics Officer
R.S., c. F-7; 2002, c. 8, s.
14
Federal Courts
Act
2004, c. 7, s. 38
5. Subsection 2(2) of the Federal Courts Act is replaced by the following:
Senate and House of Commons
(2) For greater certainty, the expression
"federal board, commission or other tribunal", as defined in subsection (1), does not
include the Senate, the House of Commons, any committee or member of either House or the Conflict of
Interest and Ethics Commissioner, with respect to the exercise of the jurisdiction or powers
referred to in sections 86 and 87 of the Parliament of Canada
Act.
Federal
Courts Act
Clause
5: Existing text of subsection 2(2):
(2) For greater certainty, the
expression "federal board, commission or other tribunal", as defined in subsection (1), does not include the Senate, the House of Commons, any committee or member of either
House, the Senate Ethics Officer or the Ethics Commissioner.
6. Subsection 28(1) of the Act is amended
by adding the following after paragraph (b):
(b.1) the
Conflict of Interest and Ethics Commissioner appointed under section 81 of the Parliament of Canada Act;
Clause
6 : Relevant portion of subsection 28(1):
28. (1) The Federal Court of Appeal has jurisdiction to hear and determine applications for judicial review made in
respect of any of the following federal boards, commissions or other tribunals:
R.S., c. F-11
Financial Administration
Act
2004, c. 7, s. 8(1)
7. (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 of the Senate, with respect to the House of Commons, the Board of Internal Economy,
with respect to the office of the Conflict of Interest and Ethics Commissioner, the Speakers of the Senate and the House of Commons, and with respect to the Library of
Parliament, the Speakers of the Senate and the House of Commons,
Financial
Administration Act
Clause
7: (1) Relevant portion of the definition:
"appropriate Minister"
means,
...
(c) with respect to the Senate and the office of the Senate Ethics Officer, the Speaker of
the Senate, with respect to the House of Commons, the Board of Internal Economy, with respect to the office of the
Ethics Commissioner, the Speaker of the House of Commons, and with respect to the Library of Parliament, the Speakers
of the Senate and the House of Commons,
2004, c. 7, s. 8(2)
(2) Paragraph (c) of the definition "department" in section 2 of the Act is replaced
by the following:
(c) the
staffs of the Senate, House of Commons, Library of Parliament and office of the Conflict of Interest and
Ethics Commissioner, and
(2) Relevant portion of the
definition:
"department" means
...
(c) the staff of the Senate, House of Commons, Library of Parliament, office of the Senate
Ethics Officer and office of the Ethics Commissioner, and
2005, c. 9
First Nations Fiscal and
Statistical Management Act
8. Subsection 132(3) of the First Nations Fiscal and Statistical Management Act is replaced by the
following:
Conflict of interest
(3) All persons appointed to a commission, board or
institute established under this Act shall comply with the Conflict of Interest
Act as though they were public office holders as defined in that Act.
First
Nations Fiscal and Statistical Management Act
Clause
8: Existing text of subsection 132(3):
(3) All persons appointed to a
commission, board or institute established under this Act shall comply with the Conflict of Interest and Post-Employment Code for Public Office Holders, issued by the Office of the Ethics Counsellor, as amended from time to time, as though they were public
office holders as defined in that Code.
R.S., c. G-2
Garnishment, Attachment and
Pension Diversion Act
2004, c. 7, s. 9
9. The title of Division IV 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 CONFLICT OF INTEREST AND ETHICS COMMISSIONER
Garnishment,
Attachment and Pension Diversion Act
Clause
9: Existing text of the heading:
SENATE, HOUSE
OF COMMONS, LIBRARY OF PARLIAMENT AND OFFICE OF THE SENATE ETHICS OFFICER AND THE ETHICS COMMISSIONER
2004, c. 7, s. 10
10. 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 Conflict of
Interest and 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 Conflict of Interest and Ethics Commissioner,
Clause
10: Relevant portion of the definition:
"salary" means
...
(b) in the case of the staff of the Senate, House of Commons, Library of Parliament, office
of the Senate Ethics Officer 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, office of the Senate Ethics Officer or office of the Ethics
Commissioner,
2004, c. 7, s. 11
11. 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 Conflict of Interest and Ethics Commissioner
are, subject to this Division and any regulation made under it, bound by provincial garnishment law in respect
of
Clause
11: Relevant portion of section 17:
17. The Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer and office of the Ethics
Commissioner are, subject to this Division and any regulation made under it, bound by provincial garnishment law in
respect of
2004, c. 7, s. 12
12. 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 Conflict
of Interest and 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 Conflict of Interest and Ethics Commissioner, as the case may be, 15 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 Conflict of Interest and Ethics Commissioner
is of no effect unless it is served on the Senate, House of Commons, Library of Parliament, or office of the
Conflict of Interest and Ethics Commissioner, as the case may be, in the first 30 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 Conflict of Interest and 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 Conflict of Interest
and 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
Conflict of Interest and Ethics Commissioner under subsection (1) may be effected by registered
mail, whether within or outside the province, or by any other method prescribed.
If service by registered mail
(3) If service of a document on the Senate, House
of Commons, Library of Parliament or office of the Conflict of Interest and 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 Conflict of Interest and Ethics
Commissioner, as the case may be.
Clause
12: Existing text of sections 18 and 19:
18. (1) Subject to this Division, service on the Senate, House of Commons, Library of Parliament, office of the Senate
Ethics Officer 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, office of the Senate Ethics Officer or office of the Ethics Commissioner, as the case may be, fifteen days
after the day on which those documents are served.
(2) A garnishee
summons served on the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of
the Ethics Commissioner is of no effect unless it is served on the Senate, House of Commons, Library of Parliament,
office of the Senate Ethics Officer 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, office of the Senate Ethics Officer or office of the Ethics Commissioner, as the case may be.
19. (1) Service of documents on the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer
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.
(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, office of the Senate Ethics Officer 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.
(3) Where
service of a document on the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer 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, office of the Senate Ethics Officer or office of
the Ethics Commissioner, as the case may be.
1997, c. 1, s. 30; 2004, c. 7, s.
13
13. 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 Conflict of Interest and 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 Conflict
of Interest and 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 Conflict of Interest and 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) if 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 Conflict of
Interest and Ethics Commissioner, as the case may be, is bound by the garnishee summons.
Clause
13: Relevant portion of section 21:
21. For the purposes of garnishment proceedings permitted by this Division, service of a garnishee summons is binding in
respect of the following money to be paid to the debtor named in the garnishee summons:
(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, office of the Senate Ethics Officer 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, office of the
Senate Ethics Officer 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, office of the Senate Ethics Officer 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, office of the Senate Ethics
Officer or office of the Ethics Commissioner, as the case may be, is bound by the garnishee summons.
1997, c. 1, s. 30; 2004, c. 7, s.
14
14. 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 Conflict of Interest and 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
Conflict of Interest and Ethics Commissioner is bound by the garnishee summons; or
Clause
14: Relevant portion of section 22:
22. The Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer 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, office of the Senate Ethics Officer or office of the Ethics Commissioner is bound by the
garnishee summons; or
2004, c. 7, s. 15
15. 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 Conflict of Interest and Ethics Commissioner may
respond to a garnishee summons by registered mail or by any other method prescribed.
Response by registered mail
(2) If the Senate, House of
Commons, Library of Parliament or office of the Conflict of Interest and 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 Conflict of Interest and 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 Conflict of Interest and 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) If, in honouring a
garnishee summons, the Senate, House of Commons, Library of Parliament or office of the Conflict of
Interest and 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 Conflict of Interest and 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.
Clause
15: Existing text of section 23:
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, office of the Senate Ethics Officer or office of the Ethics
Commissioner may respond to a garnishee summons by registered mail or by any other method prescribed.
(2) Where the
Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer 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, office of the Senate Ethics Officer or office of the
Ethics Commissioner, as the case may be, has responded to the garnishee summons.
(3) A payment
into court by the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the
Ethics Commissioner under this section is a good and sufficient discharge of liability, to the extent of the
payment.
(4) Where, in
honouring a garnishee summons, the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer
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, office of the Senate Ethics Officer 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.
2004, c. 7, s. 16
16. 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
Conflict of Interest and Ethics Commissioner must be effected in connection with garnishment
proceedings permitted by this Division;
Clause
16: Relevant portion of section 24:
24. The Governor in Council may, on the recommendation of the Minister, made after consultation between the Minister and
the Speaker of the Senate and the Speaker of the House of Commons, make regulations
(a) specifying the place where service of documents on the Senate, House of Commons, Library
of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner must be effected in connection
with garnishment proceedings permitted by this Division;
2004, c. 7, s. 17
17. 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 Conflict of Interest and Ethics Commissioner in garnishment proceedings permitted by this Part.
Clause
17: Existing text of section 26:
26. No execution shall issue on a judgment given against the Senate, House of Commons, Library of Parliament, office of
the Senate Ethics Officer or office of the Ethics Commissioner in garnishment proceedings permitted by this
Part.
R.S., c. G-5
Government Employees
Compensation Act
2004, c. 7, s. 18
18. 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, House of Commons, Library of Parliament or office of the Conflict of
Interest and Ethics Commissioner;
Government
Employees Compensation Act
Clause
18: Relevant portion of the the definition:
"employee" means
...
(e) any officer or employee of the Senate, House of Commons, Library of Parliament, office
of the Senate Ethics Officer or office of the Ethics Commissioner;
R.S., c. 15 (4th Supp.)
Non-smokers' Health
Act
2004, c. 7, s. 25
19. 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 Conflict of Interest and 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
Non-smokers'
Health Act
Clause
19: Relevant portion of the the definition:
"employer" means a person who employs one or more persons in employment described in subsection 123(1) of
the Canada Labour Code,
or
...
(c) the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer
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.)
Official Languages
Act
2004, c. 7, s. 26
20. Paragraph (c.1) of the definition "federal institution" in subsection 3(1) of
the Official Languages Act is replaced by the following:
(c.1) the
office of the Conflict of Interest and Ethics Commissioner,
Official
Languages Act
Clause
20: Relevant portion of the definition:
"federal institution"
includes any of the following institutions of the Parliament or government of
Canada:
...
(c.1) the office of the Senate Ethics Officer and the office of the Ethics
Commissioner,
2004, c. 7, s. 27
21. Section 33 of the Act is replaced by the
following:
Regulations
33. The Governor in
Council may make any regulations that the Governor in Council deems necessary to foster actively communications with
and services from offices or facilities of federal institutions - other than the Senate, House of Commons, Library of
Parliament or office of the Conflict of Interest and Ethics Commissioner - in both official
languages, if those communications and services are required under this Part to be provided in
both official languages.
Clause
21: Existing text of section 33:
33. The Governor in Council may make any regulations that the Governor in Council deems necessary to foster actively
communications with and services from offices or facilities of federal institutions - other than the Senate, House of
Commons, Library of Parliament, office of the Senate Ethics Officer or 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.
2004, c. 7, s. 28(1)
22. (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, House of Commons,
Library of Parliament or office of the Conflict of Interest and Ethics Commissioner,
Clause
22: (1) Relevant portion of subsection 38(1):
38. (1) The Governor in Council may make regulations in respect of federal institutions, other than the Senate, House of
Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner,
2004, c. 7, s. 28(2)(E)
(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, House of Commons, Library of Parliament or
office of the Conflict of Interest and 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, if there is a demonstrable conflict
between the duty under section 36 or the regulations and the mandate of the institution.
(2) Relevant portion of subsection
38(2):
(2) The Governor in Council may
make regulations
...
(b) substituting, with respect to any federal institution other than the Senate, House of
Commons, Library of Parliament, office of the Senate Ethics Officer or 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.
2005, c. 41, s. 1
23. Subsection 41(3) of the Act is replaced by
the following:
Regulations
(3) The Governor in Council may make regulations in
respect of federal institutions, other than the Senate, House of Commons, Library of Parliament or office of the
Conflict of Interest and Ethics Commissioner, prescribing the manner in which any duties of those
institutions under this Part are to be carried out.
Clause
23: Existing text of subsection 41(3):
(3) The Governor in Council may
make regulations in respect of federal institutions, other than the Senate, House of Commons, Library of Parliament,
office of the Senate Ethics Officer or office of the Ethics Commissioner, prescribing the manner in which any duties of
those institutions under this Part are to be carried out.
2004, c. 7, s. 29
24. 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, House of Commons, Library of Parliament and office of the Conflict of Interest and Ethics
Commissioner.
Clause
24: Existing text of subsection 46(1):
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, House of Commons, Library of Parliament, office of the Senate Ethics Officer and office of the Ethics
Commissioner.
2004, c. 7, s. 30
25. Section 93 of the Act is replaced by the
following:
Regulations
93. The Governor in
Council may make regulations
(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, House of Commons, Library of Parliament or office of the
Conflict of Interest and Ethics Commissioner; and
(b) prescribing
anything that is by this Act to be prescribed by regulation of the Governor in Council.
Clause
25: Existing text of section 93:
93. The Governor in Council may make regulations
(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, House of Commons,
Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner; and
(b) prescribing anything that is by this Act to be prescribed by regulation of the Governor
in Council.
R.S., c. P-1
Parliament of Canada
Act
2004, c. 7, s. 2
26. The heading before section 20.1 and sections
20.1 to 20.7 of the Parliament of Canada Act are repealed.
Parliament
of Canada Act
Clause
26: Existing text of the heading and sections 20.1 to 20.7:
Senate Ethics Officer
20.1 The Governor in Council shall, by commission under the Great Seal, appoint a Senate Ethics Officer after
consultation with the leader of every recognized party in the Senate and after approval of the appointment by
resolution of the Senate.
20.2 (1) The Senate Ethics Officer holds office during good behaviour for a term of seven years and may be removed for
cause by the Governor in Council on address of the Senate. He or she may be reappointed for one or more terms of up to
seven years each.
(2) In the event
of the absence or incapacity of the Senate Ethics Officer, 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.
20.3 (1) The Senate Ethics Officer shall be paid the remuneration set by the Governor in Council.
(2) The Senate
Ethics Officer 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 residence, in the case of a part-time appointment,
and ordinary place of work, in the case of a full-time appointment.
(3) In the case
of a part-time appointment, the Senate Ethics Officer may not accept or hold any office or employment - or carry on any
activity - inconsistent with his or her duties and functions under this Act.
(4) In the case
of a full-time appointment, the Senate Ethics Officer shall engage exclusively in the duties and functions of the
Senate Ethics Officer and may not hold any other office under Her Majesty or engage in any other employment for
reward.
20.4 (1) The Senate Ethics Officer 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 Senate Ethics Officer.
(2) The Senate
Ethics Officer may, in carrying out the work of the office of the Senate Ethics Officer, enter into contracts,
memoranda of understanding or other arrangements.
(3) The Senate
Ethics Officer may employ any officers and employees and may engage the services of any agents, advisers and
consultants that the Senate Ethics Officer considers necessary for the proper conduct of the work of the office of the
Senate Ethics Officer.
(4) The Senate
Ethics Officer 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 Senate Ethics Officer that he or she may determine.
(5) The salaries
of the officers and employees of the office of the Senate Ethics Officer shall be fixed according to the scale provided
by law.
(6) The salaries
of the officers and employees of the office of the Senate Ethics Officer, 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 Senate Ethics Officer 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 Senate Ethics Officer during the fiscal year.
(8) The estimate
referred to in subsection (7) shall be considered by the Speaker of the Senate 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.
20.5 (1) The Senate Ethics Officer shall perform the duties and functions assigned by the Senate for governing the
conduct of members of the Senate when carrying out the duties and functions of their office as members of the
Senate.
(2) The duties
and functions of the Senate Ethics Officer are carried out within the institution of the Senate. The Senate Ethics
Officer enjoys the privileges and immunities of the Senate and its members when carrying out those duties and
functions.
(3) The Senate
Ethics Officer shall carry out those duties and functions under the general direction of any committee of the Senate
that may be designated or established by the Senate 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 within the meaning of section 72.06 and applicable to ministers of the Crown, ministers of state
or parliamentary secretaries is not part of the duties and functions of the Senate Ethics Officer 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 Senate or its members.
20.6 (1) The Senate Ethics Officer, or any person acting on behalf or under the direction of the Senate Ethics Officer,
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 Senate Ethics Officer under this Act.
(2) No criminal
or civil proceedings lie against the Senate Ethics Officer, or any person acting on behalf or under the direction of
the Senate Ethics Officer, 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 Senate Ethics Officer under this
Act.
(3) The
protection provided under subsections (1) and (2) does not limit any powers, privileges, rights and immunities that the
Senate Ethics Officer may otherwise enjoy.
20.7 (1) The Senate Ethics Officer shall, within three months after the end of each fiscal year, submit a report on his
or her activities under section 20.5 for that year to the Speaker of the Senate, who shall table the report in the
Senate.
(2) The Senate
Ethics Officer may not include in the annual report any information that he or she is required to keep
confidential.
2004, c. 7, s. 4
27. The heading before section 72.01 and
sections 72.01 to 72.13 of the Act are repealed.
Clause
27: Existing text of the heading and sections 72.01 to 72.13:
Ethics Commissioner
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.
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.
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.
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.
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.
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.
72.061 The Prime Minister shall establish ethical principles, rules and obligations for public office
holders.
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.
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.
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.
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.
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.
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.
General
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.
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.
28. The Act is amended by adding the
following after section 80:
Conflict of Interest and Ethics Commissioner
Appointment
81. (1) The
Governor in Council shall, by commission under the Great Seal, appoint a Conflict of Interest and Ethics Commissioner
after consultation with the leader of every recognized party in the Senate and House of Commons and approval of the
appointment by resolution of the Senate and House of Commons.
Qualifications
(2) In order to be appointed under subsection (1),
a person must be
(a) a former judge
of a superior court in Canada or of any other court whose members are appointed under an Act of the legislature of a
province; or
(b) a former
member of a federal or provincial board, commission or tribunal who, in the opinion of the Governor in Council, has
demonstrated expertise in one or more of the following:
(i) conflicts of interest,
(ii) financial arrangements,
(iii) professional regulation and discipline,
or
(iv) ethics.
Secret ballot
(3) A resolution of the Senate or House of Commons
under subsection (1) is to be based on a secret ballot of its members conducted in accordance with any rule or standing
order of that House.
Reappointment
(4) The Commissioner is eligible to be reappointed
for one or more terms of up to seven years each.
Tenure
82. (1) The
Commissioner holds office during good behaviour for a term of seven years but may be removed for cause 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 Commissioner, or if that office is vacant, the Governor in Council may appoint any qualified person to hold that
office in the interim for a term not exceeding six months, and that person shall, while holding office, be paid the
salary or other remuneration and expenses that may be fixed by the Governor in Council.
Remuneration
83. (1) The
Commissioner shall be paid the remuneration and expenses set by the Governor in Council.
Carrying out functions
(2) The Commissioner shall engage exclusively in
the duties and functions of the Commissioner and may not hold any office under Her Majesty or engage in any other
employment for reward.
Deputy head
84. (1) The
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 Commissioner.
Powers to contract
(2) The Commissioner may, in carrying out the work
of the office of the Commissioner, enter into contracts, memoranda of understanding or other arrangements.
Staff
(3) The Commissioner may employ any officers and
employees and may engage the services of any agents and mandataries, advisers and consultants that the Commissioner
considers necessary for the proper conduct of the work of the office of the Commissioner.
Authorization
(4) The 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 Commissioner
that he or she may determine.
Salaries
(5) The salaries of the officers and employees of
the office of the 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 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 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 Commissioner during the fiscal year.
Inclusion in government
estimates
(8) The estimate referred to in subsection (7)
shall be considered by the Speaker of the Senate and the Speaker of the House of Commons and then transmitted to the
President of the Treasury Board, who shall lay it before the Senate and the House of Commons with the estimates of the
Government for the fiscal year.
Mandate
85. The mandate of the
Commissioner is to
(a) carry out the
functions of the Commissioner referred to in sections 86 to 88; and
(b) provide
confidential policy advice and support to the Prime Minister in respect of conflict of interest and ethical issues in
general.
Functions: members of the
Senate
86. (1) The
Commissioner shall perform the duties and functions assigned by the Senate for governing the conduct of members of the
Senate when they are carrying out the duties and functions of their office as members of the Senate.
Privileges and immunities
(2) The duties and functions of the Commissioner
under subsection (1) are carried out within the institution of the Senate. The Commissioner enjoys the privileges and
immunities of the Senate and its members when carrying out those duties and functions.
General direction of committee
(3) The Commissioner shall carry out those duties
and functions under the general direction of any committee of the Senate that may be designated or established by the
Senate for that purpose.
Clarification
(4) For greater certainty, the general direction of
the committee referred to in subsection (3) does not include the administration of the Conflict of Interest Act in respect of ministers of the Crown, ministers of state or
parliamentary secretaries.
Clarification - powers, etc., of the
Senate
(5) For greater certainty, this section shall not
be interpreted as limiting in any way the powers, privileges, rights and immunities of the Senate or its members.
Functions: members of House of
Commons
87. (1) The
Commissioner shall perform the duties and functions assigned by the House of Commons for governing the conduct of its
members when they are carrying out the duties and functions of their office as members of that House.
Privileges and immunities
(2) The duties and functions of the Commissioner
under subsection (1) are carried out within the institution of the House of Commons. The Commissioner enjoys the
privileges and immunities of the House of Commons and its members when carrying out those duties and functions.
General direction of committee
(3) The 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.
Clarification - ethical principles,
etc.
(4) For greater certainty, the general direction of
the committee referred to in subsection (3) does not include the administration of the Conflict of Interest Act in respect of ministers of the Crown, ministers of state or
parliamentary secretaries.
Clarification - powers, etc., of House of
Commons
(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.
Functions: public office
holders
88. The Commissioner
shall, in relation to public office holders, perform the duties and functions assigned to the Commissioner under the
Conflict of Interest Act.
Use of personal information
89 (1) Personal
information collected by the Commissioner shall not, without the consent of the individual to whom it relates, be used
by the Commissioner except for the purpose for which the information was obtained or for a use consistent with that
purpose.
Clarification
(2) The purpose for which information referred to
in subsection (1) was obtained is determined by the section of this Act under which the Commissioner was acting when he
or she obtained the information.
Delegation
90. The Commissioner may
authorize any person to exercise or perform, subject to any restrictions or limitations that the Commissioner may
specify, any of the powers, duties or functions of the Commissioner under this Act or the Conflict of Interest Act except the power to delegate under this section.
Annual reports
91. (1) Within
three months after the end of each fiscal year, the Commissioner shall submit
(a) a report on
his or her activities under section 86 for that year to the Speaker of the Senate, who shall table the report in that
House;
(b) a report on
his or her activities under section 87 for that year to the Speaker of the House of Commons, who shall table the report
in that House; and
(c) a report on
his or her activities under sections 88 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 Commissioner may not include in the annual
reports any information that he or she is required to keep confidential, including confidences of the Queen's Privy
Council for Canada.
Article
28: New.
R.S., c. 33 (2nd Supp.)
Parliamentary Employment and
Staff Relations Act
2004, c. 7, s. 31
29. 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, House of Commons, Library of Parliament and office of the
Conflict of Interest and Ethics Commissioner
Parliamentary Employment and Staff Relations Act
Clause
29: Existing text of the long title:
An Act
respecting employment and employer and employee relations in the Senate, House of Commons, Library of Parliament,
office of the Senate Ethics Officer and office of the Ethics Commissioner
2004, c. 7, s. 32
30. Paragraph 2(a) of the Act is replaced by the following:
(a) the
Senate, House of Commons, Library of Parliament or office of the Conflict of Interest and Ethics
Commissioner, and
Clause
30: Relevant portion of section 2:
2. Subject to this Act, this Act applies to and in respect of every person employed by, and applies to and in respect
of,
(a) the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer
or office of the Ethics Commissioner, and
2004, c. 7, s. 33
31. The definition "employer" in section 3 of the Act is amended by adding the word "or" at the end of paragraph (c) and by replacing paragraphs (d) and
(e) with the following:
(d) the
office of the Conflict of Interest and Ethics Commissioner as represented by the Conflict of Interest and Ethics Commissioner;
Clause
31: Relevant portion of the definition:
"employer" means:
...
(d) the office of the Senate Ethics Officer as represented by the Ethics Officer,
or
(e) the office of the Ethics Commissioner as represented by the Ethics
Commissioner;
2004, c. 7, s. 34
32. Paragraphs 85(c.1) and (c.2) of the Act are replaced by the
following:
(c.1) the
office of the Conflict of Interest and Ethics Commissioner as represented by the Conflict of Interest and Ethics Commissioner; or
Clause
32: Relevant portion of section 85:
85. In this Part, "employer" means
...
(c.1) the office of the Senate Ethics Officer as represented by the Ethics
Officer;
(c.2) the office of the Ethics Commissioner as represented by the Ethics Commissioner;
or
R.S., c. P-36
Public Service
Superannuation Act
2004, c. 7, ss. 36 and
41(3)(E)
33. 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, House of Commons, Library of Parliament and office of the Conflict of Interest
and Ethics Commissioner and any board, commission, corporation or portion of the federal public administration
specified in Schedule I;
Public
Service Superannuation Act
Clause
33: Existing text of the definition:
"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, House of Commons, Library of Parliament, office
of the Senate Ethics Officer and office of the Ethics Commissioner and any board, commission, corporation or portion of
the federal public administration specified in Schedule I;
R.S., c. R-2; 1989, c. 17, s.
2
Radiocommunication
Act
1989, c. 17, s. 4; 2004, c. 7, s.
37
34. Subsections 3(1) and (2) of the Radiocommunication Act are 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, House of Commons, Library of
Parliament and office of the Conflict of Interest and Ethics Commissioner and on Her Majesty in
right of a province.
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 Conflict of Interest and 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
(a) in the case of
an exemption of Her Majesty in right of Canada, in respect of Her Majesty in right of Canada generally, or only in
respect of a department or other body named in the order;
(b) either
absolute or qualified; and
(c) of either
general or specific application.
Radiocommunication Act
Clause
34: Existing text of subsections 3(1) and (2):
3. (1) Subject to subsection (2), this Act is binding on Her Majesty in right of Canada, on the Senate, House of
Commons, Library of Parliament, office of the Senate Ethics Officer and office of the Ethics Commissioner and on Her
Majesty in right of a province.
(2) The Governor
in Council may by order exempt Her Majesty in right of Canada, or the Senate, House of Commons, Library of Parliament,
office of the Senate Ethics Officer 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
(a) in the case of an exemption of Her Majesty in right of Canada, in respect of Her Majesty
in right of Canada generally, or only in respect of a department or other body named in the order;
(b) either absolute or qualified; and
(c) of either general or specific application.
Coordinating Amendments
Lobbying Act
35. On the day on which section 66 of this Act comes into force, section 42 of the Conflict of Interest
Act, as enacted by section 2 of this Act, is replaced by the following:
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 Lobbying Act.
Lobbying Act
36. On the day on which section 66 of this Act comes into force, subsection 37(1) of the Conflict of
Interest Act, as enacted by section 2 of this Act, is replaced by the
following:
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 Lobbying Act
or arranges a meeting referred to in paragraph 5(1)(b) of that Act shall report
that communication or meeting to the Commissioner.
Public Servants Disclosure Protection
Act
37. On the later of the day on which section 45
of the Conflict of Interest Act comes into force and the day on which
subsection 24(3) of the Public Servants Disclosure Protection Act comes into
force - or, if those days are the same day, then on that day - the Conflict of
Interest Act is amended by adding the following after section 66:
Referral from Public Sector Integrity
Commissioner
67. If a matter is
referred to the Commissioner under subsection 24(3) of the Public Servants Disclosure
Protection Act, the Commissioner shall
(a) provide the
Prime Minister with a report setting out the facts in question as well as the Commissioner's analysis and
conclusions;
(b) provide a copy
of the report to the public office holder or former public office holder who is the subject of the report;
(c) provide a copy
of the report to the Public Sector Integrity Commissioner; and
(d) make the
report available to the public.
Federal Courts Act
38. On the later of the day on which section
5 of this Act comes into force and the day on which section 99 of this Act
comes into force - or, if those days are the same day, then on that day - subsection 2(2) of the Federal Courts Act is replaced by the following:
Senate and House of Commons
(2) For greater certainty, the expression
"federal board, commission or other tribunal", as defined in subsection (1), does not
include the Senate, the House of Commons, any committee or member of either House or the Conflict of Interest and
Ethics Commissioner with respect to the exercise of the jurisdiction or powers referred to in sections 41.1, 41.2, 86
or 87 of the Parliament of Canada Act.
2000, c. 9
Canada Elections Act
Amendments to Act
39. The portion of subsection 2(2) of the
Canada Elections Act before paragraph (a) is replaced by the following:
No commercial value
(2) For the purposes of this Act, other than section 92.2, the commercial value of property or a service is deemed to be nil if
Canada
Elections Act
Clause
39: Relevant portion of subsection 2(2):
(2) For the purposes of this Act,
the commercial value of property or a service is deemed to be nil if
40. The Act is amended by adding the
following after section 92:
Gifts
and Other Advantages
Definition of candidate
92.1 For the purposes of
sections 92.2 to 92.6, a candidate is deemed to have become a candidate on the earlier of
(a) the day on
which he or she is selected at a nomination contest, and
(b) the day on
which the writ is issued for the election.
Prohibition
92.2 (1) No
candidate shall accept any gift or other advantage that might reasonably be seen to have been given to influence him or
her in the performance of his or her duties and functions as a member, were the candidate to be elected, during the
period that
(a) begins on the
day on which he or she becomes a candidate; and
(b) ends on the
day on which he or she withdraws, in the case of a candidate who withdraws in accordance with subsection 74(1), on the
day on which he or she becomes a member, in the case of a candidate who is elected, and on polling day, in any other
case.
Exception
(2) Despite subsection (1), a candidate may accept
a gift or other advantage that is given by a relative or as a normal expression of courtesy or protocol.
Statement of candidate
(3) The candidate shall provide the Chief Electoral
Officer with a statement in the prescribed form that discloses, in respect of all gifts or other advantages that the
candidate accepted during the period referred to in subsection (1) whose benefit to the candidate exceeds $500 or, if
accepted from the same person or entity in that period, exceeds a total of $500, other than gifts or other advantages
given by relatives or made by way of an unconditional, non-discretionary testamentary disposition,
(a) the nature of
each gift or other advantage, its commercial value and the cost, if any, to the candidate;
(b) the name and
address of the person or entity giving the gift or other advantage; and
(c) the
circumstances under which the gift or other advantage was given.
Clarification
(4) For the purposes of subsection (3), the benefit
to a candidate of a gift or other advantage that is a service or property, or the use of property or money, is the
difference between the commercial value of the service or property or the use of the property or money and the cost, if
any, to the candidate.
Period for providing statement
(5) The candidate shall provide the statement to
the Chief Electoral Officer within four months after
(a) polling day;
or
(b) the
publication of a notice of the withdrawal or deemed withdrawal of the writ for the election.
Definitions
(6) The following definitions apply in this
section.
"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.
"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.
It does not include a contribution made by an eligible
individual under Part 18 to the official agent of a candidate that does not exceed the limits set out in that Part, or
a provision of goods or services or a transfer of funds under section 404.2.
"relative"
« parent »
"relative", in respect of a candidate, means a person related to the candidate by marriage,
common-law partnership, birth, adoption or affinity.
Extension or correction - Chief Electoral
Officer
92.3 (1) The Chief
Electoral Officer, on the written application of a candidate, may authorize
(a) the extension
of the period provided in subsection 92.2(5); or
(b) the
correction, within a specified period, of the statement referred to in subsection 92.2(3).
Deadline
(2) An application may be made
(a) under
paragraph (1)(a), within the period provided in subsection 92.2(5);
and
(b) under
paragraph (1)(b), as soon as the candidate becomes aware of the need for
correction.
Grounds
(3) The Chief Electoral Officer may not authorize
an extension or correction unless he or she is satisfied by the evidence submitted by the candidate in writing that the
circumstances giving rise to the application arose by reason of
(a) the illness of
the candidate; or
(b) inadvertence
or an honest mistake of fact.
Extension or correction -
judge
92.4 (1) A
candidate may apply to a judge who is competent to conduct a recount for an order authorizing an extension referred to
in paragraph 92.3(1)(a) or a correction referred to in paragraph
92.3(1)(b). The applicant shall notify the Chief Electoral Officer of the
application.
Deadline
(2) An application may be made within two weeks
after
(a) the rejection
of an application, made in accordance with section 92.3, for the extension or correction; or
(b) the expiry of
the extended period or specified period authorized under paragraph 92.3(1)(a)
or (b).
Grounds
(3) A judge may not grant an order unless he or she
is satisfied that the circumstances giving rise to the application arose by reason of a factor referred to in either
paragraph 92.3(3)(a) or (b).
Contents of order
(4) An order under subsection (1) may require that
the candidate satisfy any condition that the judge considers necessary for carrying out the purposes of this Act.
Chief Electoral Officer to retain
statements
92.5 (1) The Chief
Electoral Officer shall retain in his or her possession the statements referred to in subsection 92.2(3) for at least
one year after the return of the writ for the election.
Information to be kept
confidential
(2) The Chief Electoral Officer shall keep
confidential the statements provided under subsection 92.2(3).
Exception
(3) Subsection (2) does not prohibit the
Commissioner from inspecting the statements referred to in that subsection, and any of those statements may be provided
to the Director of Public Prosecutions and produced by that Director for the purpose of a prosecution for an offence
under this Act.
Prohibition - false, misleading or
incomplete statement
92.6 (1) No
candidate shall provide the Chief Electoral Officer with a statement referred to in subsection 92.2(3) that
(a) the candidate
knows or ought reasonably to know contains a material statement that is false or misleading; or
(b) does not
substantially set out the information required by that subsection.
Membership in House of Commons
suspended
(2) An elected candidate who fails, within the
required period, to provide a statement as required by subsection 92.2(3) or to make a correction as authorized by
subsection 92.3(1) or 92.4(1) shall not continue to sit or vote as a member until it is provided or made, as the case
may be.
Clause
40: New.
2003, c. 19, s. 23
41. (1) Subsection 403.35(1) of the Act is
amended by adding the word "and" at the end of paragraph (b), by striking out
the word "and" at the end of paragraph (c) and by repealing paragraph
(d).
Clause
41: (1) Relevant portion of subsection 403.35(1):
403.35. (1) The financial agent of a registered association shall, for each fiscal period of the association, provide
to the Chief Electoral Officer
...
(d) any statements and declarations provided to the financial agent by virtue of paragraph
405.3(2)(c) and subsection 405.3(4).
2003, c. 19, s. 23
(2) Paragraphs 403.35(2)(a) to (d) of the Act are replaced by the
following:
(a) a
statement of contributions received by the registered association;
(b) the number of
contributors;
(c) the name and
address of each contributor who made contributions of a total amount of more than $200 to the registered association,
that total amount, as well as the amount of each such contribution and the date on which it was received by the
association;
(2) Relevant portion of subsection
403.35(2):
(2) A financial transactions return
must set out
(a) a statement of contributions received by the registered association from the following
classes of contributor: individuals, corporations, trade unions and associations referred to in subsection
405.3(3);
(b) the number of contributors in each class listed in paragraph (a);
(b.1) in the case of a contributor that is an association referred to in subsection
405.3(3),
(i) the name and address of
the association, the amount of its contribution and the date on which it was received by the registered association,
and
(ii) the name and address of
each individual whose money forms part of the contribution, the amount of money provided by that individual that is
included in the contribution and the date on which it was provided to the association;
(c) the name and address of each other contributor in a class listed in paragraph
(a) who made contributions of a total amount of more than $200 to the
registered association, that total amount, as well as the amount of each such contribution and the date on which it was
received by the association;
(d) in the case of a numbered company that is a contributor referred to in paragraph
(c), the name of the chief executive officer or president of that
company;
2003, c. 19, s. 23
42. Section 403.36 of the Act is replaced by the
following:
When contributions forwarded to Receiver
General
403.36 The financial agent
of a registered association shall, without delay, pay an amount of money equal to the value of a contribution received
by the association to the Chief Electoral Officer, who shall forward it to the Receiver General, if the name of the
contributor of a contribution of more than $20, or the name or the address of the contributor
having made contributions of a total amount of more than $200, is not known.
Clause
42: Existing text of section 403.36:
403.36 The financial agent of a registered association shall, without delay, pay an amount of money equal to the
value of a contribution received by the association to the Chief Electoral Officer who shall forward it to the Receiver
General, if
(a) the financial agent cannot determine to which of the classes listed in paragraph
403.35(2)(a) the contributor belongs; or
(b) the name of the contributor of a contribution of more than $25, the name or the address
of the contributor having made contributions of a total amount of more than $200 or the name of the chief executive
officer or president of a contributor referred to in paragraph 403.35(2)(d) is
not known.
2003, c. 19, s. 24
43. Section 404.1 of the Act is
repealed.
Clause
43: Existing text of section 404.1:
404.1 (1) Despite subsection 404(1), contributions may be made by a corporation or a trade union that do not
exceed
(a) $1,000 in total in any calendar year to the registered associations, nomination
contestants and candidates of a particular registered party; and
(b) $1,000 in total to a candidate for a particular election who is not the candidate of a
registered party.
(1.1) Despite
paragraph (1)(a), if two elections are held in an electoral district in a
calendar year and a corporation or trade union has, before the polling day of the first election, made a contribution
under that paragraph to the registered association, the nomination contestants or the candidate of a particular
registered party in that electoral district, the corporation or trade union may make contributions not exceeding $1,000
in total to the registered association, the nomination contestants and the candidate of the registered party in that
electoral district during the election period for the second election.
(1.2) A
corporation or trade union may make contributions under subsection (1.1) in respect of the registered association, the
nomination contestants and the candidate of any particular registered party in only one electoral district in any
calendar year.
(1.3) Despite
paragraph (1)(a), if a corporation or trade union has in any calendar year made
a contribution under that paragraph to an individual who is a nomination contestant in an electoral district in a
nomination contest held in that year but who is not endorsed by the registered party as its candidate, the corporation
or trade union may during that year make contributions not exceeding $1,000 in total to the endorsed candidate after he
or she is endorsed.
(1.4) A
corporation or trade union may make contributions under subsection (1.3) in respect of the candidate of any particular
registered party in respect of only one election and in only one electoral district in any calendar year.
(2) The
following definitions apply in this section.
"corporation" means a corporation together with
(a) any other corporation controlled, directly or indirectly in any manner whatever, by the
corporation; and
(b) any other corporation that is controlled by the same person or group of persons that
controls the corporation, directly or indirectly in any manner whatever.
"trade
union" means any organization of employees - the purposes of which include the
regulation of relations between employers and employees - together with all of its branches or locals.
(3) The
following are not eligible to make a contribution under subsection (1):
(a) a corporation that does not carry on business in Canada;
(b) a trade union that does not hold bargaining rights for employees in Canada;
(c) a Crown corporation as defined in section 2 of the Financial Administration Act; and
(d) a corporation in respect of which the Government of Canada contributes more than 50% of
its funding.
2003, c. 19, s. 24
44. (1) The portion of subsection 404.2(2) of
the Act before paragraph (a) is replaced by the following:
Exclusion for goods and services -
registered parties, registered associations and candidates
(2) A provision of goods or services is permitted
and is not a contribution for the purposes of this Act if it is
Clause
44: (1) Relevant portion of subsection 404.2(2):
(2) A provision of goods or
services or a transfer of funds is permitted and is not a contribution for the purposes of this Act if it
is
(2) Section
404.2 of the Act is amended by adding the following after subsection (2):
Exclusion for funds - registered parties,
registered associations and candidates
(2.1) A transfer of funds is permitted and is not a
contribution for the purposes of this Act if it is
(a) from a
registered party to an electoral district association of the party;
(b) from a
registered association to the party with which it is affiliated or another registered association of the
party;
(c) from a
candidate endorsed by a registered party to the party or a registered association of the party; or
(d) from a
candidate to himself or herself in his or her capacity as a nomination contestant in respect of the same
election.
Exclusion for funds other than trust funds
- registered parties and registered associations
(2.2) A transfer of funds, other than trust funds,
is permitted and is not a contribution for the purposes of this Act if it is
(a) from a
registered party to a candidate endorsed by the party; or
(b) from a
registered association to a candidate endorsed by the party with which the association is affiliated.
(2) New.
2003, c. 19, s. 24
(3) Subsections 404.2(4) and (5) of the
Act are replaced by the following:
Exception
(5) The provision, by an employer, of a paid leave
of absence during an election period to an employee for the purpose of allowing the employee to be a nomination
contestant or candidate is not a contribution.
(3) Existing text of subsections 404.2(4) and
(5):
(4) A registered association, a
nomination contestant or a candidate of a registered party may not transfer to the party any amount received in
accordance with section 404.1 or 405.3.
(5) The provision, by an employer
who is eligible to make a contribution, of a paid leave of absence during an election period to an employee for the
purpose of allowing the employee to be a nomination contestant or candidate is not a contribution.
2003, c. 19, s. 24
45. (1) Subsection 404.4(1) of the Act is
replaced by the following:
Issuance of receipts
404.4 (1) Any
person who is authorized to accept contributions on behalf of a registered party, a registered association, a
candidate, a leadership contestant or a nomination contestant shall issue a receipt - of which he or she shall keep a
copy - for each contribution of more than $20 that he or she accepts.
Clause
45: (1) Existing text of subsection 404.4(1):
404.4 (1) Any person who is authorized to accept contributions on behalf of a registered party, a registered association,
a candidate, a leadership contestant or a nomination contestant shall issue a receipt - of which he or she shall keep a
copy - for each contribution of more than $25 that he or she accepts.
2003, c. 19, s. 24
(2) The portion of subsection 404.4(2) of
the Act before paragraph (a) is replaced by the following:
Record keeping
(2) If anonymous
contributions of $20 or less per person are collected in response to a general solicitation at a
meeting or fundraising event related to the affairs of a registered party, a registered association, a candidate, a
leadership contestant or a nomination contestant, the person authorized to accept those contributions must record the
following:
(2) Relevant portion of subsection
404.4(2):
(2) Where anonymous contributions
of $25 or less per person are collected in response to a general solicitation at a meeting or fundraising event related
to the affairs of a registered party, a registered association, a candidate, a leadership contestant, or a nomination
contestant, the person authorized to accept those contributions must record the following:
2003, c. 19, s. 25
46. (1) Subsection 405(1) of the Act is replaced
by the following:
Contribution limits
405. (1) No
individual shall make contributions that exceed
(a) $1,000 in total in any calendar year to a particular registered party;
(a.1)
$1,000 in total in any calendar year to the registered associations, nomination contestants and
candidates of a particular registered party;
(b) $1,000 in total to a candidate for a particular election who is not the candidate of a registered party;
and
(c) $1,000 in total to the leadership contestants in a particular leadership contest.
Clause
46: (1) Existing text of subsection 405(1):
405. (1) No individual shall make contributions that exceed
(a) $5,000 in total in any calendar year to a particular registered party and its registered
associations, nomination contestants and candidates;
(b) $5,000 in total to a candidate for a particular election who is not the candidate of a
registered party; and
(c) $5,000 in total to the leadership contestants in a particular leadership
contest.
2003, c. 19, s. 25
(2) Subsection 405(3) of the Act is
replaced by the following:
Attribution of certain
contributions
(3) For the purposes of subsection (1), a
contribution to a person who presents himself or herself as seeking the endorsement of a particular registered party
shall be treated as a contribution referred to in paragraph (1)(a.1) to a candidate of that party and a contribution to a person who
presents himself or herself as seeking to be a candidate not endorsed by any registered party shall be treated as a
contribution referred to in paragraph (1)(b).
(2) and (3) Existing text of subsections 405(3)
and (4):
(3) For the purposes of subsection
(1), a contribution to a person who presents himself or herself as seeking the endorsement of a particular registered
party shall be treated as a contribution referred to in paragraph (1)(a) to a
candidate of that party and a contribution to a person who presents himself or herself as seeking to be a candidate not
endorsed by any registered party shall be treated as a contribution referred to in paragraph (1)(b).
(4) The following contributions
shall not be taken into account in calculating contributions for the purposes of subsection (1):
(a) contributions that do not exceed $5,000 in total by a nomination contestant or candidate
of a registered party out of his or her own funds to his or her own campaign as a nomination contestant or
candidate;
(b) contributions that do not exceed $5,000 in total by a candidate for a particular
election who is not the candidate of a registered party out of his or her own funds to his or her own campaign;
and
(c) contributions that do not exceed $5,000 in total by a leadership contestant in a
particular leadership contest out of his or her own funds to his or her own campaign.
2003, c. 19, s. 25
(3) Paragraphs 405(4)(a) to (c) of the Act are replaced by the
following:
(a)
contributions that do not exceed $1,000 in total by a nomination contestant or candidate of a
registered party out of his or her own funds to his or her own campaign as a nomination contestant or
candidate;
(b) contributions
that do not exceed $1,000 in total by a candidate for a particular election who is not the
candidate of a registered party out of his or her own funds to his or her own campaign; and
(c) contributions
that do not exceed $1,000 in total by a leadership contestant in a particular leadership contest
out of his or her own funds to his or her own campaign.
2003, c. 19, s. 25
47. (1) The portion of subsection 405.1(1) of
the Act before paragraph (a) is replaced by the following:
Adjustment for inflation
405.1 (1) The
inflation adjustment factor applicable to the limits established under subsection 405(1), in
effect for a period of one year beginning on each April 1, is a fraction with
Clause
47: (1) Relevant portion of subsection 405.1(1):
405.1 (1) The inflation adjustment factor applicable to the limits established under subsections 404.1(1) and 405(1) and
paragraph 405.3(2)(b), in effect for a period of one year beginning on each
April 1, is a fraction with
2003, c. 19, s. 25
(2) Subsection 405.1(2) of the Act is
replaced by the following:
Adjustment
(2) The amounts set out in subsection 405(1) shall be multiplied by the inflation adjustment factor referred to in subsection (1)
for any given year and the resulting amounts apply
(a) in the cases
referred to in paragraphs 405(1)(a) and (a.1), during the calendar year that commences in that
year;
(b) in the case
referred to in paragraph 405(1)(b), with respect to an
election whose writ is issued during that year; and
(c) in the case
referred to in paragraph 405(1)(c), with respect to a leadership contest that
begins during that year.
The resulting amounts shall be rounded to the nearest
hundred dollars.
(2) Existing text of subsection
405.1(2):
(2) The amounts set out in
subsections 404.1(1) and 405(1) and paragraph 405.3(2)(b) shall be multiplied
by the annual inflation adjustment factor referred to in subsection (1) and the resulting amounts apply
(a) in the cases referred to in paragraphs 404.1(1)(a) and 405(1)(a) and subparagraph
405.3(2)(b)(i), during the calendar year that commences in that
year;
(b) in the cases referred to in paragraphs 404.1(1)(b) and 405(1)(b) and subparagraph
405.3(2)(b)(ii), with respect to an election whose writ is issued during that
year; and
(c) in the case referred to in paragraph 405(1)(c),
with respect to a leadership contest that begins during that year.
The resulting amounts shall be
rounded to the nearest hundred dollars.
2003, c. 19, s. 25
48. (1) Paragraph 405.2(1)(a) of the Act is replaced by the following:
(a)
circumvent, or attempt to circumvent, the prohibition under subsection 404(1) or a limit set out in subsection 405(1)
or section 405.31; or
Clause
48: (1) Relevant portion of subsection 405.2(1):
405.2 (1) No person or entity shall
(a) circumvent, or attempt to circumvent, the prohibition under subsection 404(1) or a limit
set out in subsection 404.1(1) or 405(1) or paragraph 405.3(2)(b);
or
2003, c. 19, s. 25
(2) Subsection 405.2(4) of the Act is
replaced by the following:
Prohibited agreements
(4) No person or entity shall enter into an
agreement for the provision for payment of goods or services to a registered party or a candidate that includes a term
that any individual will make a contribution, directly or indirectly, to a registered party, a
registered association, a candidate, a leadership contestant or a nomination contestant.
(2) Existing text of subsection
405.2(4):
(4) No person or entity shall enter
into an agreement for the provision for payment of goods or services to a registered party or a candidate that includes
a term that any person will make a contribution, directly or indirectly, to a registered party, a registered
association, a candidate, a leadership contestant or a nomination contestant.
2003, c. 19, s. 25
49. Sections 405.3 and 405.4 of the Act are
replaced by the following:
Prohibition - making indirect
contributions
405.3 No individual shall make a contribution to a registered party, a registered association, a candidate or a
leadership contestant or a nomination contestant that comes from money, property or the services of any person or entity that was provided to that individual for that
purpose.
Limit on cash contributions
405.31 No individual
shall, in respect of each contribution made under this Part, contribute cash in an amount that exceeds
$20.
Return of contributions
405.4 If a registered
party, a registered association, a candidate, a leadership contestant or a nomination contestant receives a
contribution made in contravention of subsection 405(1) or 405.2(4) or section 405.3 or 405.31, the chief agent of the registered party, the financial agent
of the registered association, the official agent of the candidate or the financial agent of the leadership contestant
or nomination contestant, as the case may be, shall, within 30 days after becoming aware of the
contravention, return the contribution unused to the contributor, or, if that is not possible, pay the amount of it or,
in the case of a non-monetary contribution, an amount of money equal to its commercial value, to the Chief Electoral
Officer who shall forward that amount to the Receiver General.
Clause
49: Existing text of sections 405.3 and 405.4:
405.3 (1) No person or entity shall make a contribution to a registered party, a registered association, a candidate or a
leadership contestant or a nomination contestant that comes from money, property or the services of another person or
entity that was provided to that person or entity for that purpose.
(2) Despite
subsections (1) and 404(1), an association may make contributions that come from money provided by individuals who are
eligible, under subsection 404(1), to make contributions if
(a) the contributions are made to a registered association, a nomination contestant or a
candidate;
(b) the contributions do not exceed
(i) $1,000 in total in any
calendar year to the recipients referred to in paragraph (a) of a particular
registered party, and
(ii) $1,000 in total to a
candidate for a particular election who is not the candidate of a registered party; and
(c) the association provides, along with each contribution, a statement containing the
following information:
(i) the name and address of
the individual who is responsible for the association,
(ii) the amount of the
contribution, and
(iii) the name and address of
each individual whose money forms part of the contribution, the amount of money provided by that individual that is
included in the contribution and the date on which it was provided.
(2.1) Despite
subparagraph (2)(b)(i), if two elections are held in an electoral district in a
calendar year and an association has, before the polling day of the first election, made a contribution under that
subparagraph to the registered association, the nomination contestants or the candidate of a particular registered
party in that electoral district, the association may make contributions not exceeding $1,000 in total to the
registered association, the nomination contestants and the candidate of the registered party in that electoral district
during the election period for the second election.
(2.2) An
association may make contributions under subsection (2.1) in respect of the registered association, the nomination
contestants and the candidate of any particular registered party in only one electoral district in any calendar
year.
(2.3) Despite
subparagraph (2)(b)(i), if an association has in any calendar year made a
contribution under that subparagraph to an individual who is a nomination contestant in an electoral district in a
nomination contest held in that year but who is not endorsed by the registered party as its candidate, the association
may during that year make contributions not exceeding $1,000 in total to the endorsed candidate after he or she is
endorsed.
(2.4) An
association may make contributions under subsection (2.3) in respect of the candidate of any particular registered
party in respect of only one election and in only one electoral district in any calendar year.
(3) In this
section, "association" means an unincorporated
organization - other than a trade union - together with all of its branches, chapters or any other
divisions.
(4) Together
with the information referred to in paragraph (2)(c), the individual who is
responsible for the association shall provide a declaration that the information is complete and accurate.
(5) No
individual responsible for an association shall knowingly make a false or misleading declaration relating to the
information referred to in paragraph (2)(c).
(6) For the
application of subsection 405(1), an amount of money provided by an individual that was included in a contribution
referred to in subsection (2) shall be taken into account in a calculation of contributions by the
individual.
405.4 If a registered party, a registered association, a candidate, a leadership contestant or a nomination contestant
receives a contribution made in contravention of subsection 405(1), 405.2(4) or 405.3(1), the chief agent of the
registered party, the financial agent of the registered association, the official agent of the candidate or the
financial agent of the leadership contestant or nomination contestant, as the case may be, shall, within 30 days of
becoming aware of the contravention, return the contribution unused to the contributor, or, if that is not possible,
pay the amount of it or, in the case of a non-monetary contribution, an amount of money equal to its commercial value,
to the Chief Electoral Officer who shall forward that amount to the Receiver General.
2003, c. 19, s. 35
50. Section 425 of the Act is replaced by the
following:
When contributions forwarded to Receiver
General
425. A registered agent of
a registered party shall, without delay, pay an amount of money equal to the value of a contribution received by the
registered party, to the Chief Electoral Officer, who shall forward it to the Receiver General, if the name of the
contributor of a contribution of more than $20, or the name or the address of the contributor
having made contributions of a total amount of more than $200, is not known.
Clause
50: Existing text of section 425:
425. A registered agent of a registered party shall, without delay, pay an amount of money equal to the value of a
contribution received by the registered party, to the Chief Electoral Officer, who shall forward it to the Receiver
General, if the name of the contributor of a contribution of more than $25, or the name or the address of the
contributor having made contributions of a total amount of more than $200, is not known.
2003, c. 19, s. 40
51. Section 435.32 of the Act is replaced by the
following:
When contributions forwarded to Receiver
General
435.32 The financial agent
of a leadership contestant shall, without delay, pay an amount of money equal to the value of a contribution that the
contestant received to the Chief Electoral Officer, who shall forward it to the Receiver General, if the name of the
contributor of a contribution of more than $20, or the name or the address of the contributor
having made contributions of a total amount of more than $200, is not known.
Clause
51: Existing text of section 435.32:
435.32 The financial agent of a leadership contestant shall, without delay, pay an amount of money equal to the value
of a contribution that the contestant received to the Chief Electoral Officer, who shall forward it to the Receiver
General, if the name of the contributor of a contribution of more than $25, or the name or the address of the
contributor having made contributions of a total amount of more than $200, is not known.
2003, c. 19, ss. 44(3) and (4)
52. (1) Paragraphs 451(2)(f) to (h.1) of the Act are replaced by the
following:
(f) a
statement of contributions received;
(g) the number of
contributors;
(h) the name and
address of each contributor who made contributions of a total amount of more than $200 to the candidate, that total
amount, as well as the amount of each such contribution and the date on which it was received by the
candidate;
Clause
52: (1) Relevant portion of subsection 451(2):
(2) The electoral campaign return
shall include the following in respect of the candidate:
...
(f) a statement of contributions received from any of the following classes of contributor:
individuals, corporations, trade unions and associations as defined in subsection 405.3(3);
(g) the number of contributors in each class listed in paragraph (f);
(g.1) in the case of a contributor that is an association as defined in subsection
405.3(3),
(i) the name and address of
the association, the amount of its contribution and the date on which it was received by the candidate,
and
(ii) the name and address of
each individual whose money forms part of the contribution, the amount of money provided by that individual that is
included in the contribution and the date on which it was provided to the association;
(h) the name and address of each other contributor in a class listed in paragraph
(f) who made contributions of a total amount of more than $200 to the
candidate, that total amount, as well as the amount of each such contribution and the date on which it was received by
the candidate;
(h.1) in the case of a numbered company that is a contributor referred to in paragraph
(h), the name of the chief executive officer or president of that
company;
2003, c. 19, s. 44(6)
(2) Subsection 451(2.1) of the Act is
replaced by the following:
Supporting documents
(2.1) Together with the electoral campaign return,
the official agent of a candidate shall provide to the Chief Electoral Officer documents evidencing expenses set out in
the return, including bank statements, deposit slips, cancelled cheques and the candidate's written statement
concerning personal expenses referred to in subsection 456(1).
(2) Existing text of subsection
451(2.1):
(2.1) Together with the electoral
campaign return, the official agent of a candidate shall provide to the Chief Electoral Officer documents evidencing
expenses set out in the return, including bank statements, deposit slips, cancelled cheques, any statements and
declarations provided to the official agent by virtue of paragraph 405.3(2)(c)
and subsection 405.3(4) and the candidate's written statement concerning personal expenses referred to in subsection
456(1).
2003, c. 19, s. 45
53. Section 452 of the Act is replaced by the
following:
When contributions forwarded to Receiver
General
452. An official agent of
a candidate shall, without delay, pay an amount of money equal to the value of a contribution that the candidate
received to the Chief Electoral Officer, who shall forward it to the Receiver General, if the name of the contributor
of a contribution of more than $20, or the name or the address of the contributor having made
contributions of a total amount of more than $200, is not known.
Clause
53: Existing text of section 452:
452. An official agent of a candidate shall, without delay, pay an amount of money equal to the value of a contribution
that the candidate received to the Chief Electoral Officer who shall forward it to the Receiver General if
(a) the official agent cannot determine to which of the classes listed in paragraph
451(2)(f) the contributor belongs; and
(b) the name of the contributor of a contribution of more than $25, the name or the address
of the contributor having made contributions of a total amount of more than $200 or the name of the chief executive
officer or president of a contributor referred to in paragraph 451(2)(h.1) is
not known.
2003, c. 19, s. 57
54. (1) Paragraphs 478.23(2)(d) to (g) of the Act are replaced by the
following:
(d) a
statement of contributions received;
(e) the number of
contributors;
(f) the name and
address of each contributor who made contributions of a total amount of more than $200 to the nomination contestant,
that total amount, as well as the amount of each such contribution and the date on which it was received by the
contestant;
Clause
54: (1) Relevant portion of subsection 478.23(2):
(2) The nomination campaign return
shall include the following in respect of the nomination contestant:
...
(d) a statement of contributions received from any of the following classes of contributor:
individuals, corporations, trade unions and associations as defined in subsection 405.3(3);
(e) the number of contributors in each class listed in paragraph (d);
(e.1) in the case of a contributor that is an association as defined in subsection
405.3(3),
(i) the name and address of
the association, the amount of its contribution and the date on which it was received by the nomination contestant,
and
(ii) the name and address of
each individual whose money forms part of the contribution, the amount of money provided by that individual that is
included in the contribution and the date on which it was provided to the association;
(f) the name and address of each other contributor who made contributions of a total amount
of more than $200 to the nomination contestant, that total amount, as well as the amount of each such contribution and
the date on which it was received by the contestant;
(g) in the case of a numbered company that is a contributor referred to in paragraph
(f), the name of the chief executive officer or president of that
company;
2003, c. 19, s. 57
(2) Subsection 478.23(3) of the Act is
replaced by the following:
Supporting documents
(3) Together with the nomination campaign return,
the financial agent of a nomination contestant shall provide to the Chief Electoral Officer documents evidencing
expenses set out in the return, including bank statements, deposit slips, cancelled cheques and the contestant's
written statement concerning personal expenses referred to in subsection 478.31(1).
(2) Existing text of subsection
478.23(3):
(3) Together with the nomination
campaign return, the financial agent of a nomination contestant shall provide to the Chief Electoral Officer documents
evidencing expenses set out in the return, including bank statements, deposit slips, cancelled cheques, any statements
and declarations provided to the financial agent by virtue of paragraph 405.3(2)(c) and subsection 405.3(4) and the contestant's written statement concerning personal
expenses referred to in subsection 478.31(1).
2003, c. 19, s. 57
55. Section 478.24 of the Act is replaced by the
following:
When contributions forwarded to Receiver
General
478.24 The financial agent
of a nomination contestant shall, without delay, pay an amount of money equal to the value of a contribution received
by the contestant to the Chief Electoral Officer, who shall forward it to the Receiver General, if the name of the
contributor of a contribution of more than $20, or the name or the address of the contributor
having made contributions of a total amount of more than $200, is not known.
Clause
55: Existing text of section 478.24:
478.24 The financial agent of a nomination contestant shall, without delay, pay an amount of money equal to the value
of a contribution received by the contestant to the Chief Electoral Officer who shall forward it to the Receiver
General, if
(a) the financial agent cannot determine to which of the classes listed in paragraph
478.23(2)(d) the contributor belongs; or
(b) the name of the contributor of a contribution of more than $25, the name or the address
of the contributor having made contributions of a total amount of more than $200 or the name of the chief executive
officer or president of a contributor referred to in paragraph 478.23(2)(g) is
not known.
56. (1) Subsection 486(1) of the Act is
replaced by the following:
Strict liability offences - summary
conviction
486. (1) Every
candidate who contravenes subsection 83(1) (failure to appoint official agent) or 83(2) (failure to appoint auditor),
section 87 (failure to appoint a replacement official agent or auditor), subsection 92.2(1) (accepting
prohibited gift or other advantage) or 92.2(5) (failure to provide statement within required period) or paragraph
92.6(1)(b) (providing incomplete statement) is
guilty of an offence.
Clause
56: (1) Existing text of subsection 486(1):
486. (1) Every candidate who contravenes subsection 83(1) (failure to appoint official agent) or 83(2) (failure to
appoint auditor) or section 87 (failure to appoint a replacement official agent or auditor) is guilty of an
offence.
(2) Subsection
486(3) of the French version of the Act is replaced by the following:
Infraction exigeant une intention - double
procédure
(3) Commet une infraction :
a)
quiconque contrevient à l'article 89 (signature d'un acte de candidature par une personne
inéligible);
b)
quiconque contrevient volontairement aux paragraphes 90(1) ou (2) (agir comme agent officiel ou
vérificateur d'un candidat sans être admissible);
c)
quiconque contrevient à l'article 91 (fausse déclaration à propos d'un candidat);
d)
quiconque contrevient à l'article 92 (publication d'une fausse déclaration relative à un
désistement).
(2) and (3) Existing text of subsection 486(3)
:
(3) Every person is guilty of an
offence who
(a) contravenes section 89 (signing of nomination paper when ineligible);
(b) wilfully contravenes subsection 90(1) (ineligible person acting as official agent) or
90(2) (ineligible person acting as auditor);
(c) contravenes section 91 (making false statement re candidate); or
(d) contravenes section 92 (publication of false statement of withdrawal of
candidate).
(3) Subsection
486(3) of the Act is amended by striking out the word "or" at the end of paragraph (c) and by adding the following after paragraph (d):
(e) being a
candidate, wilfully contravenes subsection 92.2(1) (accepting prohibited gift or other advantage);
(f) being a
candidate, wilfully contravenes subsection 92.2(5) (failure to provide statement within required period);
or
(g) being a
candidate, contravenes paragraph 92.6(1)(a) (providing statement containing
false or misleading information) or knowingly contravenes paragraph 92.6(1)(b)
(providing incomplete statement).
2003, s. 19, s. 58(3)
57. (1) Paragraph 497(1)(i.6) of the Act is replaced by the following:
(i.6) being
an individual, contravenes section 405.3 (making indirect contributions);
Clause
57: (1) Relevant portion of subsection 497(1):
497. (1) Every person is guilty of an offence who
...
(i.6) being a person or entity, contravenes subsection 405.3(1) (making contribution from
others' contributions);
2003, c. 19, s. 58(11)
(2) Paragraphs 497(3)(f.17) and (f.18) of the Act are replaced by the
following:
(f.17) being
an individual, wilfully contravenes section 405.3 (making indirect contributions);
(f.18) being an
individual, wilfully contravenes section 405.31 (exceeding cash contribution
limit);
(2) Relevant portion of subsection
497(3):
(3) Every person is guilty of an
offence who
...
(f.17) being a person or entity, wilfully contravenes subsection 405.3(1) (making
contribution from others' contributions);
(f.18) being an individual, contravenes subsection 405.3(5) (knowingly making a false or
misleading declaration);
58. Subsection 502(2) of the Act is
amended by adding the following after paragraph (f):
(f.1) being
a candidate, wilfully contravenes subsection 92.2(1) (accepting prohibited gift or other advantage);
Clause
58: Relevant portion of subsection 502(2):
(2) Every person is guilty of an
offence that is a corrupt practice who
2003, c. 19, s. 63(1)
59. Subsection 514(1) of the Act is replaced by
the following:
Limitation period
514. (1) A
prosecution for an offence under this Act may be instituted at any time but not
later than five years after the day on which the Commissioner became aware of the facts
giving rise to the prosecution but, in any case, not later than 10 years
after the day on which the offence was committed.
Clause
59: Existing text of subsection 514(1):
514. (1) A prosecution for an offence under this Act must be instituted within 18 months after the day on which the
Commissioner becomes aware of the facts giving rise to the prosecution and not later than seven years after the day on
which the offence was committed.
Transitional
Provisions
Transitional - Registered
associations
60. Sections 403.35 and 403.36 of the
Canada Elections Act, as they read immediately before the
coming into force of this section, apply with respect to the documents that a registered association must provide in
relation to the fiscal period ending after the coming into force of this section.
Transitional - Candidates
61. If a candidate was, before the coming into
force of this section, deemed under section 365 of the Canada Elections Act
to have been a candidate, then section 451 of that Act, as it read immediately before the
coming into force of this section, applies with respect to the documents that the official agent of the candidate must
provide in relation to the election next following the coming into force of this section.
Transitional - Nomination
campaigns
62. If a nomination contestant was, before the
coming into force of this section, deemed under section 478.03 of the Canada
Elections Act to have been a nomination contestant, then section 478.23 of that Act, as
it read immediately before the coming into force of this section, applies with respect to the documents that the
financial agent of the nomination contestant must provide in relation to the nomination campaign of that
contestant.
Consequential Amendments
R.S., c. 1 (5th Supp.)
Income Tax Act
63. Subparagraph 98.1(1)(d)(i) of the Income Tax Act is replaced by the
following:
(i) by reason of paragraph (b), the taxpayer shall, except for the purposes of subsections 110.1(4) and 118.1(8), be
deemed not to be a member of the partnership, and
64. (1) The portion of subsection 127(4.1)
of the Act before paragraph (a) is replaced by the following:
Monetary contributions - form and
content
(4.1) For the purpose of subsections (3) and (3.1),
a monetary contribution made by a taxpayer may be in the form of cash or of a negotiable instrument issued by the
taxpayer. However, it does not include
(2) Subsection
127(4.2) of the Act is repealed.
R.S., c. 44 (4th Supp.)
Lobbyists Registration Act
Amendments to Act
65. The long title of the Lobbyists Registration Act is replaced by the following:
An Act respecting lobbying
Lobbyists
Registration Act
Clause
65: Existing text of the long title:
An Act
respecting the registration of lobbyists
66. Section 1 of the Act is replaced by
the following:
Short title
1. This Act may be cited
as the Lobbying Act.
Clause
66: Existing text of section 1:
1. This Act may be cited as the Lobbyists Registration
Act.
67. (1) The definition "registrar" in subsection 2(1) of the Act is repealed.
Clause
67: (1) Existing text of the definition:
"registrar" means the registrar designated pursuant to section 8.
(2) Subsection
2(1) of the Act is amended by adding the following in alphabetical order:
"senior public office holder"
« titulaire d'une charge publique de haut rang
»
"senior public office holder"
means
(a) a minister of
the Crown or a minister of state and any person employed in his or her office who is appointed under subsection 128(1)
of the Public Service Employment Act,
(b) any individual
who, in a department as defined in section 2 of the Financial Administration
Act,
(i) occupies the senior executive position, whether
by the title of deputy minister, chief executive officer or by some other title, or
(ii) is an associate deputy minister or an
assistant deputy minister or occupies a position of comparable rank, and
(c) any individual
who occupies a position that has been designated by regulation under paragraph 12(c.1).
(2) New.
68. The Act is amended by adding the
following after section 4:
OFFICE OF THE COMMISSIONER OF
LOBBYING
Commissioner of Lobbying
Commissioner of Lobbying
4.1 (1) The
Governor in Council shall, by commission under the Great Seal, appoint a Commissioner of Lobbying after consultation
with the leader of every recognized party in the Senate and House of Commons and approval of the appointment by
resolution of the Senate and House of Commons.
Secret ballot
(2) A resolution of the Senate or House of Commons
under subsection (1) is to be based on a secret ballot of its members conducted in accordance with any rule or standing
order of that House.
Tenure of office and removal
(3) Subject to this section, the Commissioner holds
office during good behaviour for a term of seven years, but may be removed for cause by the Governor in Council at any
time on address of the Senate and House of Commons.
Further terms
(4) The Commissioner, on the expiry of a first or
any subsequent term of office, is eligible to be reappointed for a further term not exceeding seven years.
Interim appointment
(5) In the event of the absence or incapacity of
the Commissioner, or if that office is vacant, the Governor in Council may appoint any qualified person to hold that
office in the interim for a term not exceeding six months, and that person shall, while holding office, be paid the
salary or other remuneration and expenses that may be fixed by the Governor in Council.
Rank and powers
4.2 (1) The
Commissioner has the rank and powers of a deputy head of a department, shall engage exclusively in the duties of the
office of Commissioner under this Act or any other Act of Parliament and shall not hold any other office or employment
for reward.
Duties and functions
(2) The Commissioner's duties and functions, in
addition to those set out elsewhere in this Act, include developing and implementing educational programs to foster
public awareness of the requirements of this Act, particularly on the part of lobbyists, their clients and public
office holders.
Remuneration and expenses
(3) The Commissioner shall be paid the remuneration
and expenses set by the Governor in Council.
Pension benefits
(4) The provisions of the Public Service Superannuation Act, other than those relating to tenure of office, apply to
the Commissioner, except that a person appointed as Commissioner from outside the public service, as defined in the
Public Service Superannuation Act, may, by notice in writing given to the
President of the Treasury Board not more than 60 days after the date of appointment, elect to participate in the
pension plan provided in the Diplomatic Service (Special) Superannuation Act,
in which case the provisions of that Act, other than those relating to tenure of office, apply to the Commissioner from
the date of appointment and the provisions of the Public Service Superannuation
Act do not apply.
Other benefits
(5) The Commissioner is deemed to be employed in
the federal public administration for the purposes of the Government Employees
Compensation Act and any regulations made under section 9 of the Aeronautics
Act.
Staff
Staff of the Commissioner
4.3 (1) Any
officers and employees that are necessary to enable the Commissioner to perform the duties and functions of the
Commissioner under this Act or any other Act of Parliament shall be appointed in accordance with the Public Service Employment Act.
Technical assistance
(2) The Commissioner may engage on a temporary
basis the services of persons having technical or specialized knowledge of any matter relating to the work of the
Commissioner to advise and assist the Commissioner in the performance of the duties and functions of the Commissioner
under this Act or any other Act of Parliament and, with the approval of the Treasury Board, may fix and pay the
remuneration and expenses of those persons.
Delegation
Delegation by Commissioner
4.4 Subject to subsection
(2), the Commissioner may authorize any person to exercise or perform, subject to any restrictions or limitations that
the Commissioner may specify, any of the powers, duties or functions of the Commissioner under this Act
except
(a) the power to
delegate under this section; and
(b) those set out
in subsections 10(1), 10.2(1), 10.5(1) and sections 11, 11.1, 14.01 and 14.02.
Clause
68: New.
2003, c. 10, s. 4(1)
69. (1) Subsections 5(1.1) to (1.3) of the Act
are replaced by the following:
Time limit for filing return
(1.1) An individual shall file the return referred to in subsection (1) not later than 10 days after entering into
the undertaking.
Clause
69: (1) Existing text of subsections 5(1.1) to (1.3):
(1.1) An individual shall file a
return
(a) not later than ten days after entering into an undertaking referred to in subsection
(1); and
(b) subject to subsections (1.2) and (1.3), not later than thirty days after the expiry of
every six-month period after the day on which a return is filed under paragraph (a).
(1.2) Where an individual provides
a change to information or newly acquired information under subsection (3), a return under paragraph (1.1)(b) shall be filed not later than thirty days after the expiry of every six-month period
after the last day on which a change or newly acquired information is provided under that subsection.
(1.3) An individual is not required
to file a return under paragraph (1.1)(b) with respect to an undertaking if the
individual completes or terminates the undertaking and advises the registrar of that fact in the prescribed form and
manner before the expiry of the period within which the return must be filed under that paragraph.
2003, c. 10, s. 4(4)(F)
(2) Paragraph 5(2)(g) of the Act is replaced by the following:
(g)
the fact that it does not provide for any payment that is in whole or in part contingent on
the outcome of any matter described in subparagraphs (1)(a)(i) to (vi) or on the individual's success in
arranging a meeting referred to in paragraph (1)(b);
(2) and (3) Relevant portion of subsection
5(2):
(2) The return shall set out the
following information with respect to the undertaking:
...
(g) where applicable, whether the payment to the individual is in whole or in part
contingent on the individual's degree of success in influencing any matter described in subparagraphs (1)(a)(i) to (vi);
...
(h.1) if the individual is a former public officer holder, a description of the offices
held;
2003, c. 10, s. 4(5)
(3) Paragraph 5(2)(h.1) of the Act is replaced by the following:
(h.1) if the
individual is a former public officer holder, a description of the offices held, which of those offices,
if any, qualified the individual as a senior public office holder and the date on which the individual last ceased to
hold such a senior public office;
1995, c. 12, s. 3
(4) Subsection 5(3) of the Act is
replaced by the following:
Requirement to file monthly
return
(3) The individual shall file a return, in the
prescribed form and manner, not later than 15 days after the end of every month, beginning with the one in which the
return is filed under subsection (1), that
(a) sets out, with
respect to every communication referred to in paragraph (1)(a) that is of a
prescribed type and that was made in that month and every meeting referred to in paragraph (1)(b) that is of a prescribed type and that was arranged in that month, involving a senior
public office holder and relating to the undertaking,
(i) the name of the senior public office holder who
was the object of the communication or with whom the meeting was arranged,
(ii) the date of the communication or
meeting,
(iii) particulars, including any prescribed
particulars, to identify the subject-matter of the communication or meeting, and
(iv) any other information that is
prescribed;
(b) if any
information contained in the return filed under subsection (1) is no longer correct or additional information that the
individual would have been required to provide under that subsection has come to the knowledge of the individual after
the return was filed, provides the corrected or additional information; and
(c) if the
undertaking has been performed or terminated, advises the Commissioner of that fact.
First monthly return
(4) The first return filed under subsection (3)
shall, despite paragraph (3)(a), set out the information required by that
paragraph in respect of communications made between the day on which the undertaking referred to in subsection (1) was
entered into and the end of the month immediately before the filing of the return.
Exception
(4.1) Subject to subsection (4.2), no return is
required under subsection (3) if no communication referred to in paragraph (3)(a) was made and no meeting referred to in that paragraph was arranged, during the period
with respect to which the return is to set out information, and if the circumstances referred to in paragraphs
(3)(b) and (c) have not arisen.
Return - six-month period
(4.2) In any case, no more than five months shall
have elapsed since the end of the month in which a return was last filed without a return being filed by the individual
under subsection (3), even if, since the last return, no communication was made or meeting arranged as referred to in
paragraph (3)(a) and the circumstances referred to in paragraphs
(3)(b) and (c) have not arisen, in
which case the report shall so state.
Termination of reporting
obligation
(4.3) The obligation to file a return under
subsection (3) terminates when the undertaking has been performed or is terminated and a report has been filed under
that subsection advising of that fact in accordance with paragraph (3)(c).
(4) Existing text of subsection
5(3):
(3) An individual who files a
return shall provide the registrar, in the prescribed form and manner, with any change to the information provided by
the individual in the return, and any information required to be provided under subsection (2) the knowledge of which
the individual acquired only after the return was filed, not later than thirty days after the change occurs or the
knowledge is acquired.
2003, c. 10, s. 4(7)
(5) Subsection 5(7) of the Act is
replaced by the following:
For greater certainty
(7) For greater certainty, an individual who
undertakes to communicate with a public office holder as described in paragraph (1)(a) is not required to file more than one return under subsection (1)
with respect to the undertaking, even though the individual, in connection with that undertaking, communicates with
more than one public office holder or communicates with one or more public office holders on more than one
occasion.
(5) Existing text of subsection
5(7):
(7) For greater certainty, an
individual who undertakes to communicate with a public office holder as described in paragraph (1)(a) is not required to file more than one return with respect to the undertaking, even
though the individual, in connection with that undertaking, communicates with more than one public office holder or
communicates with one or more public office holders on more than one occasion.
2003, c. 10, s. 7(1)
70. (1) Subsections 7(2) and (2.1) of the Act
are replaced by the following:
Time limit for filing return
(2) The officer responsible for filing returns
shall file a return not later than two months after the day on which the requirement to file a return first arises
under subsection (1).
Clause
70: (1) Existing text of subsections 7(2) and (2.1):
(2) The officer responsible for
filing returns shall file a return
(a) not later than two months after the day on which the requirement to file a return first
arises under subsection (1); and
(b) subject to subsection (2.1), not later than thirty days after the expiry of every
six-month period after the day on which a return is filed under paragraph (a).
(2.1) The officer responsible for
filing returns is not required to file a return under paragraph (2)(b)
if
(a) the employer no longer employs any employees whose duties are as described in paragraphs
(1)(a) and (b); and
(b) the officer responsible for filing returns advises the registrar of the circumstances
described in paragraph (a) in the prescribed form and manner before the expiry
of the period within which the return must be filed under paragraph (2)(b).
2003, c. 10, s. 7(1)
(2) Paragraphs 7(3)(f.1) to (h.3) of the Act are replaced by the
following:
(f.1) if the
employer is a corporation,
(i)a list including
the name of each senior officer or employee a significant part of whose duties is as described in paragraph
(1)(a), and
(ii)a second list
including the name of each other senior officer any part of whose duties is as described
in paragraph (1)(a) but without constituting a significant
part;
(g) particulars to
identify the subject-matter of any communication that any employee named in the return
has made or is expected to make with a public office holder in respect of any matter described in
subparagraphs (1)(a)(i) to (v) and any other information respecting that
subject-matter that is prescribed;
(h) if any
employee named in the return is a former public office holder, a description of the offices held, which
of those offices, if any, qualified the employee as a senior public office holder and the date on which the employee
last ceased to hold such a senior public office;
(2) and (3) Relevant portion of subsection
7(3):
(3) The return shall set out the
following information:
...
(f.1) if the employer is a corporation, the name of
(i) each senior officer any
part of whose duties is as described in paragraph (1)(a), and
(ii) any other employee any
part of whose duties is as described in paragraph (1)(a), if that part
constitutes a significant part of the duties of that employee;
(g) if the return is filed under paragraph (2)(a),
particulars to identify the subject-matter of any communication between any employee named in the return and a public
office holder in respect of any matter described in subparagraphs (1)(a)(i) to
(v) during the period between the date on which the requirement to file a return first arises under subsection (1) and
the date of filing, and any other information respecting that subject-matter that is prescribed;
(h) if the return is filed under paragraph (2)(b),
particulars to identify the subject-matter of any communication between any employee named in the return and a public
office holder in respect of any matter described in subparagraphs (1)(a)(i) to
(v) during a six-month period referred to in paragraph (2)(b) and any other
information respecting that subject-matter that is prescribed;
(h.1) if any employee named in the return communicates with a public office holder in
respect of any matter described in subparagraphs (1)(a)(i) to (v) during the
period between the expiry of a six-month period referred to in paragraph (2)(b)
and the date on which the return is filed under that paragraph, particulars to identify the subject-matter of the
communication and any other information respecting that subject-matter that is prescribed;
(h.2) if any employee named in the return is expected to communicate with a public office
holder in respect of any matter described in subparagraphs (1)(a)(i) to (v)
during the six-month period after the date of filing under paragraph (2)(a), or
during the six-month period after the expiry of a six-month period referred to in paragraph (2)(b), particulars to identify the subject-matter of the communication and any other
information respecting that subject-matter that is prescribed;
(h.3) if any employee named in the return is a former public office holder, a description of
the offices held;
...
(j) the name of any department or other governmental institution in which a public office
holder is employed or serves, if any employee named in the return,
(i) communicates with the
public office holder in respect of any matter described in subparagraphs (1)(a)(i) to (v) during the period referred to in paragraph (g), (h) or (h.1), or
(ii) is expected to
communicate with the public office holder in respect of any matter described in subparagraphs (1)(a)(i) to (v) during either of the periods referred to in paragraph (h.2);
(k) particulars to identify any communication technique, including grass-roots communication
within the meaning of paragraph 5(2)(j), that any employee named in the
return
(i) uses in connection with
any communication in respect of any matter described in subparagraphs (1)(a)(i)
to (v) during the period referred to in paragraph (g), (h) or (h.1), or
(ii) is expected to use in
connection with any communication in respect of any matter described in subparagraphs (1)(a)(i) to (v) during either of the periods referred to in paragraph (h.2); and
2003, c. 10, s. 7(1)
(3) Paragraphs 7(3)(j) and (k) of the Act are replaced by the
following:
(j) the name
of any department or other governmental institution in which any public office holder
with whom any employee named in the return communicates or is expected to communicate in respect
of any matter described in subparagraphs (1)(a)(i) to (v) is employed or
serves;
(k) particulars to
identify any communication technique, including grass-roots communication within the meaning of paragraph
5(2)(j), that any employee named in the return uses or is expected to use in
connection with any communication in respect of any matter described in subparagraphs (1)(a)(i) to (v); and
2003, c. 10, s. 7(1)
(4) Subsection 7(4) of the Act is
replaced by the following:
Requirement to file monthly
return
(4) The officer responsible for filing returns
shall file a return, in the prescribed form and manner, not later than 15 days after the end of every month, beginning
with the one in which the return is filed under subsection (1), that
(a) sets out, with
respect to every communication referred to in paragraph (1)(a) that is of a
prescribed type and that was made in that month involving a senior public office holder,
(i) the name of the senior public office holder who
was the object of the communication,
(ii) the date of the communication,
(iii) particulars, including any prescribed
particulars, to identify the subject-matter of the communication, and
(iv) any other information that is
prescribed;
(b) if any
information contained in the return filed under subsection (1) is no longer correct or additional information that the
officer would have been required to provide under that subsection has come to the knowledge of the officer after the
return was filed, provides the corrected or additional information; and
(c) if the
employer no longer employs any employees whose duties are as described in paragraphs (1)(a) and (b), advises the Commissioner of that
fact.
First monthly return
(4.1) The first return filed under subsection (4)
shall, despite paragraph (4)(a), set out the information required by that
paragraph in respect of communications made between the day on which the requirement to file a return first arose under
subsection (1) and the end of the month immediately before the filing of the return.
Exception
(4.2) Subject to subsection (4.3), no return is
required under subsection (4) if no communication referred to in paragraph (4)(a) was made during the period with respect to which the return is to set out information
and if the circumstances referred to in paragraphs (4)(b) and (c) have not arisen.
Return - six-month period
(4.3) In any case, no more than five months shall
have elapsed since the end of the month in which a return was last filed without a return being filed under subsection
(4), even if, since the last return, no communication was made as referred to in paragraph (4)(a) and the circumstances referred to in paragraphs (4)(b) and (c) have not arisen, in which case the
report shall so state.
Termination of reporting
obligation
(4.4) The obligation to file a return under
subsection (4) terminates when the employer no longer employs any employees whose duties are as described in paragraphs
(1)(a) and (b) and a report has been
filed under that subsection advising of that fact in accordance with paragraph (4)(c).
(4) Existing text of subsection
7(4):
(4) If an employee who has been
named in a return no longer performs any of the duties described in paragraph (1)(a) or is no longer employed by the employer, the officer responsible for filing returns
shall, in the prescribed form and manner, not later than thirty days after the change occurs, advise the registrar of
the change.
71. Section 8 of the Act is
repealed.
Clause
71: Existing text of section 8:
8. The Registrar General of Canada may designate any person employed in the office of the Registrar General of Canada
as the registrar for the purposes of this Act.
1995, c. 12, s. 5
72. Subsection 9(1) of the Act is replaced by
the following:
Registry
9. (1) The
Commissioner shall establish and maintain a registry in which shall be kept a record of all
returns and other documents submitted to the Commissioner under this Act and of
any information sent under subsection 9.1(1) and responses provided relative to that information.
Clause
72: Existing text of subsection 9(1):
9. (1) The registrar shall establish and maintain a registry in which shall be kept a record of all returns and other
documents submitted to the registrar under this Act.
73. The Act is amended by adding the
following after section 9:
Confirmation of lobbying activity
information
9.1 (1) The
Commissioner may send to any present or former senior public office holder information derived from that referred to in
paragraph 5(3)(a) or 7(4)(a) and
provided in returns filed under subsection 5(3) or 7(4) in order that the office holder - in the prescribed time,
manner and form - confirm to the Commissioner its accuracy and completeness or correct and complete it.
Report
(2) The Commissioner may, in a report under section
11 or 11.1, report on the failure by a present or former senior public office holder to respond relative to information
sent under subsection (1) or the provision by such a person of an unsatisfactory response.
Clause
73: New.
2004, c. 7, s. 20
74. Subsection 10(1) of the Act is replaced by
the following:
Interpretation bulletins
10. (1) The
Commissioner may issue advisory opinions and interpretation bulletins with respect to the
enforcement, interpretation or application of this Act other than under sections 10.2 to 10.5.
Clause
74: Existing text of subsection 10(1):
10. (1) The registrar may issue advisory opinions and interpretation bulletins with respect to the enforcement,
interpretation or application of this Act other than under sections 10.2 to 10.6.
75. The Act is amended by adding the
following after section 10:
LOBBYISTS'
REMUNERATION
Prohibition - lobbyist
10.1 (1) An
individual who is required to file a return under subsection 5(1) shall not receive any payment that is in whole or in
part contingent on the outcome of any matter described in subparagraphs 5(1)(a)(i) to (vi) or on the individual's success in arranging a meeting referred to in
paragraph 5(1)(b).
Prohibition - client
(2) The client of an individual referred to in
subsection (1) shall not make any such payment to the individual.
RESTRICTION ON LOBBYING
ACTIVITY
Five-year prohibition -
lobbying
10.11 (1) No
individual shall, during a period of five years after the day on which the individual ceases to be a senior public
office holder,
(a) carry on any
of the activities referred to in paragraph 5(1)(a) or (b) in the circumstances referred to in subsection 5(1);
(b) if the
individual is employed by an organization, carry on any of the activities referred to in paragraph 7(1)(a) on behalf of that organization; and
(c) if the
individual is employed by a corporation, carry on any of the activities referred to in paragraph 7(1)(a) on behalf of that corporation if carrying on those activities would constitute a
significant part of the individual's work on its behalf.
Exception
(2) Subsection (1) does not apply in respect of any
senior public office that was held only because the individual participated in an employment exchange program.
Exemption
(3) On application, the Commissioner of Lobbying
may, on any conditions that the Commissioner specifies, exempt an individual from the application of subsection (1) if
the Commissioner is of the opinion that the exemption would not be contrary to the purposes of this Act having regard
to any circumstance or factor that the Commissioner considers relevant, including whether the individual
(a) was a senior
public office holder for a short period;
(b) was a senior
public office holder on an acting basis;
(c) was employed
under a program of student employment; or
(d) had
administrative duties only.
Publication
(4) The Commissioner shall without delay cause
every exemption and the Commissioner's reasons for it to be made available to the public.
Clause
75: New.
76. The Act is amended by adding the
following before section 10.4:
INVESTIGATIONS
Clause
76 : New.
2004, c. 7, s. 23 and par.
39(3)(a)
77. (1) Subsections 10.4(1) and (2) of the Act
are replaced by the following:
Investigation
10.4 (1)
The Commissioner shall conduct an investigation if he or she has reason to believe that an investigation
is necessary to ensure compliance with the Code or this Act, as applicable.
Exception
(1.1) The Commissioner may refuse to conduct or may
cease an investigation with respect to any matter if he or she is of the opinion that
(a) the matter is
one that could more appropriately be dealt with according to a procedure provided for under another Act of
Parliament;
(b) the matter is
not sufficiently important;
(c) dealing with
the disclosure would serve no useful purpose because of the length of time that has elapsed since the matter arose;
or
(d) there is any
other valid reason for not dealing with the matter.
Powers of investigation
(2) For the purpose of conducting the
investigation, the Commissioner 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 Commissioner and compel them to give oral or written evidence on oath, and
(ii) compel persons to produce any documents or
other things that the Commissioner considers relevant for the
investigation;
and
(b) administer
oaths and receive and accept information, whether or not it would be admissible as evidence in a court of
law.
Clause
77: (1) Existing text of subsections 10.4(1) and (2):
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.
(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 by an employee who, in accordance with paragraph 7(3)(f) or
(f.1), 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
7(1)(a)(i) to (v), 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.
2003, c. 10, ss. 10(2) and (3); 2004, c. 7,
s. 23 and par. 39(3)(b) and (c)
(2) The portion of section 10.4 of the
Act after subsection (5) is replaced by the following:
Confidentiality
(6) The Commissioner, and
every person acting on behalf of or under the direction of the 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 Commissioner, 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;
(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
Commissioner; or
(c) the
Commissioner believes on reasonable grounds that the disclosure is necessary for the purpose of
advising a peace officer having jurisdiction to investigate an alleged offence under this or any other Act of
Parliament or of the legislature of a province.
Advice to peace officers
(7) If, during an
investigation under this section, the Commissioner believes on reasonable grounds that a
person has committed an offence under this or any other Act of Parliament or of the legislature
of a province, the Commissioner shall advise a peace officer having jurisdiction to investigate
the alleged offence and immediately suspend the Commissioner's investigation.
Suspension of investigation
(8) The Commissioner shall
immediately suspend an investigation under this section if he or she discovers that the
subject-matter of the investigation is also the subject-matter of an investigation to determine whether an offence
under this or any other Act of Parliament or of the legislature of a province has been committed
or that a charge has been laid with respect to that subject-matter.
Investigation continued
(9) The Commissioner may not
continue an investigation under this section until any investigation or charge regarding the same subject-matter has
been finally disposed of.
(2) Relevant portion of section
10.4:
(6) The registrar, and every person
acting on behalf of or under the direction of the registrar, 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 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;
(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; or
(c) the registrar believes on reasonable grounds that the disclosure is necessary for the
purpose of advising a peace officer having jurisdiction to investigate an alleged offence under this or any other Act
of Parliament or of the legislature of a province.
(c) the Ethics Counsellor believes on reasonable grounds that the disclosure is necessary
for the purpose of advising a peace officer having jurisdiction to investigate an alleged offence under this or any
other Act of Parliament or of the legislature of a province.
(7) If, during the course of
performing duties and functions under this section, the registrar believes on reasonable grounds that a person has
committed an offence under this or any other Act of Parliament or of the legislature of a province, the registrar shall
advise a peace officer having jurisdiction to investigate the alleged offence.
(8) The registrar must immediately
suspend an investigation under this section of an alleged breach of the Code by any person if
(a) the registrar believes on reasonable grounds that the person has committed an offence
under this or any other Act of Parliament or of the legislature of a province in respect of the same subject-matter;
or
(b) it is discovered that the subject-matter of the investigation under this section 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 with respect to that
subject-matter.
(9) The registrar may not continue
an investigation under this section until any investigation or charge regarding the same subject-matter has been
finally disposed of.
(7) If, during the course of
performing duties and functions under this section, the Ethics Counsellor believes on reasonable grounds that a person
has committed an offence under this or any other Act of Parliament or of the legislature of a province, the Ethics
Counsellor shall advise a peace officer having jurisdiction to investigate the alleged offence.
(8) The registrar must immediately
suspend an investigation under this section of an alleged breach of the Code by any person if
(a) the registrar believes on reasonable grounds that the person has committed an offence
under this or any other Act of Parliament or of the legislature of a province in respect of the same subject-matter;
or
(b) it is discovered that the subject-matter of the investigation under this section 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 with respect to that
subject-matter.
(9) The registrar may not continue
an investigation under this section until any investigation or charge regarding the same subject-matter has been
finally disposed of.
2004, c. 7, ss. 23, 24 and
39(4)
78. Sections 10.5 to 11 of the Act are replaced
by the following:
Report on investigation
10.5 (1) After
conducting an investigation, the Commissioner shall prepare a report of the investigation,
including the findings, conclusions and reasons for the Commissioner's conclusions, and submit it
to Parliament.
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 by an employee who, in accordance with paragraph 7(3)(f) or (f.1), 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 7(1)(a)(i) to (v), as the case may be, or of any payment made by the client of an
individual who is required to file a return under subsection 5(1) in respect of any matter referred to in any of
subparagraphs 5(1)(a)(i) to (vi), any communication
referred to in paragraph 5(1)(a) or any meeting referred
to in paragraph 5(1)(b), if the Commissioner considers publication of the details to be in the public interest.
REPORTS TO
PARLIAMENT
Annual report
11. The Commissioner shall, within three months after the end of each fiscal year, prepare a report with regard to
the administration of this Act during that fiscal year and submit the report to Parliament.
Special reports
11.1 The Commissioner may,
at any time, make a special report to Parliament concerning any matter within the scope of the powers, duties and
functions of the Commissioner if, in the opinion of the Commissioner, the matter is of such urgency or importance that
a report on it should not be deferred until the next annual report.
Clause
78: Existing text of sections 10.5 to 11:
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.
(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 by an employee who, in accordance with paragraph 7(3)(f) or (f.1), 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 7(1)(a)(i) to (v), as the case may
be, if the registrar considers publication of the details to be in the public interest.
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.
ANNUAL
REPORT
11. (1) The registrar shall, within three months after the end of each fiscal year, prepare a report with regard to the
administration of this Act, other than sections 10.2 to 10.6, during that fiscal year and submit the report to the
Registrar General of Canada.
(2) The
Registrar General of Canada shall cause a copy of the report prepared pursuant to subsection (1) to be laid before each
House of Parliament on any of the first fifteen days on which that House is sitting after it is received.
79. Section 12 of the Act is amended by
adding the following after paragraph (c):
(c.1)
designating, individually or by class, positions in the federal public administration that are, in the opinion of the
Governor in Council, of a rank comparable to a position described in paragraph (b) of the definition "senior public office holder" in
subsection 2(1) as a senior public office for the purposes of paragraph (c) of
that definition;
Clause
79: New.
1995, c. 12, s. 7
80. Section 14 of the Act is replaced by the
following:
Contravention
14. (1)Every individual who fails to file a return as required under subsection 5(1) or (3) or 7(1) or (4),
or knowingly makes any false or misleading statement in any return or other document submitted to the
Commissioner under this Act or in any response provided relative to information
sent under subsection 9.1(1), whether in electronic or other form, is guilty of an offence and
liable
(a) on summary
conviction, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding six
months, or to both; and
(b) on proceedings
by way of indictment, to a fine not exceeding $200,000 or to imprisonment for a term not
exceeding two years, or to both.
Other contraventions
(2)Every individual who contravenes
any provision of this Act - other than subsections 5(1) and (3), 7(1) and (4) and 10.3(1) - or
the regulations is guilty of an offence and liable on summary conviction to a fine not exceeding $50,000.
Limitation
(3) Proceedings by way of summary conviction in
respect of an offence under this section may be instituted at any time within but not later than five years after the day on which the Commissioner became aware of
the subject-matter of the proceedings but, in any case, not later than ten years after the day on
which the subject-matter of the proceedings arose.
Prohibition on communication
14.01 If a person is
convicted of an offence under this Act, the Commissioner may - if satisfied that it is necessary in the public
interest, taking into account the gravity of the offence and whether the offence was a second or subsequent offence
under this Act - prohibit for a period of not more than two years the person who committed the offence from effecting
any communication described in paragraph 5(1)(a) or 7(1)(a) or arranging a meeting referred to in paragraph 5(1)(b).
Publication
14.02 The Commissioner may
make public the nature of the offence, the name of the person who committed it, the punishment imposed and, if
applicable, any prohibition under section 14.01.
Clause
80: Existing text of section 14:
14. (1) Every individual who contravenes any provision of this Act, other than subsection 10.3(1), or the regulations is
guilty of an offence and liable on summary conviction to a fine not exceeding twenty-five thousand
dollars.
(2) Every
individual who knowingly makes any false or misleading statement in any return or other document submitted to the
registrar under this Act, whether in electronic or other form, is guilty of an offence and liable
(a) on summary conviction, to a fine not exceeding twenty-five thousand dollars or to
imprisonment for a term not exceeding six months, or to both; and
(b) on proceedings by way of indictment, to a fine not exceeding one hundred thousand
dollars or to imprisonment for a term not exceeding two years, or to both.
(3) Proceedings
by way of summary conviction in respect of an offence under this section may be instituted at any time within but not
later than two years after the time when the subject-matter of the proceedings arose.
Replacement of references
81. The Act is amended by replacing "registrar"
with "Commissioner" wherever it occurs in the following provisions:
(a)
subsections 5(1) and (5);
(b)
subsections 7(1) and (5);
(c)
sections 7.1 to 7.3;
(d)
subsections 9(2) to (4);
(e)
section 10.2;
(f)
section 10.4; and
(g)
paragraphs 12(a) and (b).
Terminology
Replacement of references
82. Unless the context otherwise requires, any
reference to the Lobbyists Registration Act is replaced by a reference to the
Lobbying Act wherever it occurs in regulations, as defined in section 2 of the
Statutory Instruments Act and in any other instrument made in the execution of
a power conferred under an Act of Parliament or by order or under the authority of the Governor in
Council.
Transitional
Provisions
Reference to Act
83. In sections 84 to
88 of this Act, the "other Act" means, before the day on which section 66
of this Act comes into force, the Lobbyists Registration Act and, from that day, the Lobbying Act.
Commissioner
84. (1) The person who holds the office of
registrar immediately before the day on which section 68 of this Act comes into force is
authorized to act as the Commissioner of Lobbying under the other Act until the appointment of a Commissioner under
subsection 4.1(1) of the other Act - or of a person under subsection 4.1(5) of the other Act - as enacted by section
68 of this Act.
Employees
(2) The coming into force of section
68 of this Act does not affect the status of an employee - as defined in subsection 2(1) of the
Public Service Employment Act - who occupied, immediately
before the day on which that section 68 comes into force, a position in the Office of the
Registrar of Lobbyists, except that the employee from that day occupies that position in the Office of the Commissioner
of Lobbying.
Pending investigations
85. Any investigation by the registrar under the
other Act that is pending immediately before the day on which section 77 of this Act comes into
force may continue to be conducted by the Commissioner of Lobbying under the other Act.
Transfer of appropriations
86. Any amount that is appropriated, for the
fiscal year in which section 71 of this Act comes into force, by an appropriation Act based on
the Estimates for that year for defraying the charges and expenses of the federal public administration for the former
registrar designated under section 8 of the other Act, as it read before the day on which that section 71 comes into force, and that, on that day, is unexpended is deemed, on that day, to be an amount
appropriated for defraying the charges and expenses of the Office of the Commissioner of Lobbying under the
administration of the Commissioner of Lobbying referred to in subsection 4.1(1) of the other Act, as enacted by section
68 of this Act.
Contingent payments
87. Section 10.1 of the other Act, as enacted by
section 75 of this Act, does not apply with respect to any contingent payment that, on the day on
which that section 75 comes into force,
(a) was
mentioned in a return in accordance with paragraph 5(2)(g) of the other Act as
it read before the day on which subsection 69(2) of this Act comes into force; or
(b) was
provided for in an undertaking entered into before the day on which that section 75 comes into
force but for which a return was neither filed nor yet required, under subsection 5(1.1) of the other Act as it read
before the day on which subsection 69(1) of this Act comes into force, to be filed.
Former senior public office
holders
88. (1) For greater certainty, section 10.11 of
the other Act, as enacted by section 75 of this Act, does not apply with respect to any ceasing
to hold office or to be employed that is referred to in that section 10.11 and that occurred before the day on which
that section 75 comes into force.
Assistant deputy ministers
(2) Section 10.11 of the other Act, as
enacted by section 75 of this Act, also does not apply in respect of any ceasing to be a senior
public office holder with the rank of assistant deputy minister or any office of equivalent rank that occurs during the
six months after the day on which that section 75 comes into force.
Consequential Amendments
R.S., c. A-1
Access to Information
Act
89. The Access to Information Act is amended by adding the following in numerical
order:
Records relating to
investigations
16.2 The Commissioner of
Lobbying shall refuse to disclose any record requested under this Act that contains information that was obtained or
created by the Commissioner or on the Commissioner's behalf in the course of an investigation conducted by or under the
authority of the Commissioner.
Access to
Information Act
Clause
89: New.
SOR/2006-34
90. Schedule I to the Act is amended by striking
out the following under the heading "Other Government
Institutions":
Office of the Registrar of
Lobbyists
Bureau du
directeur des lobbyistes
91. Schedule I to the Act is amended by
adding the following in alphabetical order under the heading "Other Government
Institutions":
Office of the Commissioner of
Lobbying
Commissariat au
lobbying
R.S., c. F-11
Financial Administration
Act
SOR/2006-30; SOR/2006-31
92. Schedule I.1 to the Financial Administration Act is amended by striking out the following in column
I:
Office of the Registrar of
Lobbyists
Bureau du
directeur des lobbyistes
and the corresponding reference in column
II to the "President of the Treasury Board".
93. Schedule I.1 to the Act is amended by
adding the following in alphabetical order in column I:
Office of the Commissioner of
Lobbying
Commissariat au
lobbying
and a corresponding reference in column II
to the "President of the Treasury Board".
SOR/2006-32
94. Schedule IV to the Act is amended by
striking out the following:
Office of the Registrar of
Lobbyists
Bureau du
directeur des lobbyistes
95. Schedule IV to the Act is amended by
adding the following in alphabetical order:
Office of the Commissioner of
Lobbying
Commissariat au
lobbying
R.S., c. 31 (4th Supp.)
Official Languages
Act
96. Subsection 24(3) of the Official Languages Act is amended by striking out the word "and" at the end of paragraph
(d), by adding the word "and" at the end of paragraph (e) and by adding the following after paragraph (e):
(f) the
Office of the Commissioner of Lobbying.
Official
Languages Act
Clause
96 : Relevant portion of subsection 24(3) :
(3) Without restricting the
generality of subsection (2), the duty set out in that subsection applies in respect of
R.S., c. P-21
Privacy Act
SOR/2006-33
97. The schedule to the Privacy Act is amended by striking out the following under the heading "Other Government Institutions":
Office of the Registrar of
Lobbyists
Bureau du
directeur des lobbyistes
98. The schedule to the Act is amended by
adding the following in alphabetical order under the heading "Other Government
Institutions":
Office of the Commissioner of
Lobbying
Commissariat au
lobbying
R.S., c. P-1
Parliament of Canada Act
99. The Parliament of Canada Act is amended by adding the following after section 41:
Prohibition - accepting benefits from
trusts relating to position
41.1 (1) No member
of the House of Commons may, directly or indirectly, accept any benefit or income from a trust established by reason of
his or her position as a member of the House of Commons.
Anti- avoidance
(2) No member of the House of Commons shall take
any action that has as its purpose the circumvention of the prohibition referred to in subsection (1).
Offence and punishment
(3) Every member of the House of Commons who
contravenes subsection (1) or (2) is guilty of an offence and liable on summary conviction to a fine of not less than
$500 and not more than $2,000.
Obligation to disclose trusts
41.2 (1) Every
member of the House of Commons shall disclose to the Conflict of Interest and Ethics Commissioner every trust known to
the member from which he or she could, currently or in the future, either directly or indirectly, derive a benefit or
income.
Manner of disclosure
(2) The disclosure must be made in accordance with
the provisions governing the disclosure of private interests in the Conflict of Interest Code for Members of the House
of Commons set out in the Standing Orders of the House of Commons.
Non- application of section 126 of
the Criminal Code
(3) Section 126 of the Criminal Code does not apply in respect of a contravention of subsection (1).
Commissioner's orders
41.3 (1) If a trust
disclosed by a member was established by the member or by a person who is not a relative of the member, the Conflict of
Interest and Ethics Commissioner shall
(a) if he or she
is of the opinion that it is legally possible for the member to terminate the trust, order the member to terminate the
trust and not to use any distribution of the assets on its termination for the purpose of financing a nomination
contest, a leadership contest or an electoral campaign within the meaning of the Canada Elections Act; or
(b) if he or she
is of the opinion that it is not legally possible for the member to terminate the trust, order the member not to derive
any benefit or income from the trust for the purpose of financing a nomination contest, a leadership contest or an
electoral campaign within the meaning of the Canada Elections
Act.
Commissioner's orders
(2) If a trust disclosed by a member was
established by a relative of the member, the Conflict of Interest and Ethics Commissioner shall order the member not to
derive any benefit or income from the trust, including any distribution of its assets on its termination, for the
purpose of financing a nomination contest, a leadership contest or an electoral campaign within the meaning of the
Canada Elections Act.
Exceptions
(3) Subsections (1) and (2) do not apply in respect
of a trust that meets the requirements of subsection 27(4) of the Conflict of
Interest Act or a trust that is governed by a registered retirement savings plan or a registered education
savings plan.
Cessation of order
(4) No order made under this section has effect
after the day on which the member to which the order relates ceases to be a member of the House of Commons and, for the
purposes of this subsection, a person who was a member of the House of Commons immediately before the issue of a writ
for the election of a new member in place of that person is deemed to continue to be a member of that House until the
date of that election.
Compliance measures under
Conflict of Interest Act
(5) If there is any inconsistency between an order
made under this section and compliance measures required to be taken under the Conflict of Interest Act, the order prevails to the extent of the inconsistency.
Offence and punishment
(6) Every member of the House of Commons who
contravenes an order made under this section is guilty of an offence and liable on summary conviction to a fine of not
less than $500 and not more than $2,000.
Meaning of relative
(7) Persons who are related to a member of the
House of Commons by birth, marriage, common-law partnership, adoption or affinity are the member's relatives for the
purpose of this section unless the Conflict of Interest and Ethics Commissioner determines, either generally or in
relation to a particular member, that it is not necessary for the purposes of this section that a person or class of
persons be considered a relative of the member.
Meaning of "common law partnership"
(8) For the purpose of subsection (7), "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.
Parliament
of Canada Act
Clause
99: New.
2003, c. 22, ss. 12 and 13
Public Service Employment Act
Amendments to Act
100. Paragraph 22(2)(a) of the Public Service Employment Act is
replaced by the following:
(a)
establishing for any person or class of persons a right to be appointed - in priority to all persons other than those
referred to in section 40 and subsections 41(1) and (4) - during the period specified by the
Commission, to any position for which the Commission is satisfied that they meet the essential qualifications referred
to in paragraph 30(2)(a);
Public
Service Employment Act
Clause
100: Relevant portion of subsection 22(2):
(2) Without limiting the generality
of subsection (1), the Commission may make regulations
(a) establishing for any person or class of persons a right to be appointed - in priority to
all persons other than those referred to in section 40 and subsections 41(1) to (4) - during the period specified by
the Commission, to any position for which the Commission is satisfied that they meet the essential qualifications
referred to in paragraph 30(2)(a);
101. The Act is amended by adding the
following after section 35.1:
Mobility - ministers' staffs
35.2 A person who has been
employed for at least three years in the office of a minister or of a person holding the recognized position of Leader
of the Opposition in the Senate or Leader of the Opposition in the House of Commons, or in any of those offices
successively,
(a) may, during a
period of one year after they cease to be so employed, participate in an advertised appointment process for which the
organizational criterion established under section 34 entitles all employees to be considered, as long as they meet the
other criteria, if any, established under that section; and
(b) has the right
to make a complaint under section 77.
Clause
101: New.
102. Section 38 of the Act is replaced by
the following:
Exceptions to merit
38. Paragraph
30(2)(b) does not apply in relation to any appointment made under subsection
15(6) (re-appointment on revocation by deputy head), section 40 (priorities - surplus employees), subsection 41(1) or (4) (other priorities) or section 73 (re-appointment on revocation
by Commission) or 86 (re-appointment following Tribunal order), or under any regulations made pursuant to paragraph
22(2)(a).
Clause
102: Existing text of section 38:
38. Paragraph 30(2)(b) does not apply in relation to any appointment made under
subsection 15(6) (re-appointment on revocation by deputy head), section 40 (priorities - surplus employees), any of
subsections 41(1) to (4) (other priorities) or section 73 (re-appointment on revocation by Commission) or 86
(re-appointment following Tribunal order), or under any regulations made pursuant to paragraph 22(2)(a).
103. (1) Subsections 41(2) and (3) of the
Act are repealed.
Clause
103: (1) Existing text of subsections 41(2) and (3):
(2) Priority for appointment over
all other persons shall be given to a person employed in the office of a minister, or in the office of a person holding
the recognized position of Leader of the Opposition in the Senate or Leader of the Opposition in the House of Commons,
for a period of one year after the person ceases to be so employed, if
(a) the person was an employee immediately before becoming employed in that office;
or
(b) while employed in that office the person was found by the Commission, in an advertised
external appointment process, to have met the essential qualifications for an appointment to the public
service.
(3) Priority for appointment, to a
position at a level at least equivalent to that of executive assistant to a deputy head, shall be given over all other
persons to a person who for at least three years has been employed as the executive assistant, special assistant or
private secretary in an office referred to in subsection (2) or in any of those capacities successively, for a period
of one year after they cease to be employed.
(2) Subsections
41(5) and (6) of the Act are replaced by the following:
Essential qualifications
(5) The priority of a person referred to in
subsection (1) or (4) applies with respect to any position if the
Commission is satisfied that the person meets the essential qualifications referred to in
paragraph 30(2)(a).
Order of priorities
(6) Persons described in subsection
(1) shall be appointed in priority to persons described in subsection (4), and persons described in each of
those subsections shall be appointed in the order determined by the Commission.
(2) Existing text of subsections 41(5) and
(6):
(5) The priority of a person
referred to in any of subsections (1) to (4) applies with respect to any position if the Commission is satisfied that
that person meets the essential qualifications referred to in paragraph 30(2)(a).
(6) The order of appointment among
persons described in subsections (1) to (4) shall follow the order of those subsections, and persons described in each
of those subsections shall be appointed in the order determined by the Commission.
104. Subsection 53(2) of the Act is
replaced by the following:
Exceptions to priority rights
(2) A deputy head may deploy a person without
regard to any other person's right to be appointed under subsection 41(1) or (4) or any regulations made pursuant to paragraph 22(2)(a).
Clause
104: Existing text of subsection 53(2):
(2) A deputy head may deploy a
person without regard to any other person's right to be appointed under subsections 41(1) to (4) or any regulations
made pursuant to paragraph 22(2)(a).
105. Section 87 of the Act is replaced by
the following:
Where no right to complain
87. No complaint may be
made under section 77 in respect of an appointment under subsection 15(6) (re-appointment on revocation by deputy
head), section 40 (priorities - surplus employees), subsection 41(1) or (4)
(other priorities) or section 73 (re-appointment on revocation by Commission) or 86 (re-appointment following Tribunal
order), or under any regulations made pursuant to paragraph 22(2)(a).
Clause
105: Existing text of section 87:
87. No complaint may be made under section 77 in respect of an appointment under subsection 15(6) (re-appointment on
revocation by deputy head), section 40 (priorities - surplus employees), any of subsections 41(1) to (4) (other
priorities) or section 73 (re-appointment on revocation by Commission) or 86 (re-appointment following Tribunal order),
or under any regulations made pursuant to paragraph 22(2)(a).
106. The Act is amended by adding the
following after section 127:
Deputy
Ministers and Other Senior Officials
Appointment by Governor in
Council
127.1 The Governor in
Council may appoint persons to the following positions and fix their remuneration:
(a) deputy
minister, associate deputy minister and positions of equivalent ranks;
(b) deputy head,
associate deputy head and positions of equivalent ranks; and
(c) special
adviser to a minister or to a deputy.
Clause
106: New.
Transitional
Provision
Employees of ministers'
offices
107. A person referred to in subsection 41(2) or
(3) of the Public Service Employment Act, as it read
on the coming into force of subsection 103(1) of this Act, shall continue to be given priority
for appointment in accordance with subsection 41(2) or (3), as the case may be, for a period of one year following the
day on which the person ceased to be employed if that day is prior to the coming into force of this
section.
Coming into Force
Order in Council
108. (1) The provisions of the
Conflict of Interest Act, as enacted by section
2 of this Act, sections 3 to 34 of this Act and any
provisions enacted or repeals effected by those sections come into force on a day or days to be fixed by order of the
Governor in Council.
Order in council
(2) Notwithstanding subsection 114(4) of
the Canada Pension Plan, the provisions of the
Conflict of Interest Act, as enacted by section
2 of this Act, come into force as provided under subsection (1) but do not apply in respect of
the Canada Pension Plan Investment Board unless the lieutenant governor in council of each of at least two thirds of
the included provinces, within the meaning of subsection 114(1) of the Canada
Pension Plan, having in the aggregate not less than two thirds of the population of all
of the included provinces, has signified the consent of that province to the those provisions.
Coming into force
(3) Sections 39 and
40, subsections 44(1) and (2) and sections 56 and
58 come into force six months after the day on which this Act receives royal assent.
Coming into force
(4) Sections 63 and
64 come into force on the day on which this Act is assented to, but do not apply in respect of
monetary contributions made before that day.
Order in council
(5) Sections 65 to
98 come into force on a day or days to be fixed by order of the Governor in Council.
Coming into force
(6) Section 99 of
this Act comes into force on the day on which section 81 of the Parliament of Canada
Act, as enacted by section 28 of this Act, comes into
force.
SUPPORTING
PARLIAMENT
R.S., c. A-1
Access to Information Act
109. (1) Subsections 54(1) and (2) of the
Access to Information Act are replaced by the following:
Appointment
54. (1) The
Governor in Council shall, by commission under the Great Seal, appoint an Information Commissioner after consultation with the leader of every recognized party in the Senate and House of Commons and approval of the
appointment by resolution of the Senate and House of Commons.
Secret ballot
(1.1) A resolution of the Senate or House of
Commons under subsection (1) is to be based on a secret ballot of its members conducted in accordance with any rule or
standing order of that House.
Tenure
(2) Subject to this section, the Information
Commissioner holds office during good behaviour for a term of seven years, but may be removed for
cause by the Governor in Council at any time on address of the Senate and House of Commons.
Access to
Information Act
Clause
109: (1) Existing text of subsections 54(1) and (2):
54. (1) The Governor in Council shall, by commission under the Great Seal, appoint an Information Commissioner after
approval of the appointment by resolution of the Senate and House of Commons.
(2) Subject to
this section, the Information Commissioner holds office during good behaviour for a term of seven years, but may be
removed by the Governor in Council at any time on address of the Senate and House of Commons.
(2) Subsection
54(4) of the Act is replaced by the following:
Interim appointment
(4) In the event of the absence or incapacity of
the Information Commissioner, or if that office is vacant, the Governor in Council may appoint
any qualified person to hold that office in the
interim for a term not exceeding six months, and that person shall, while holding office, be paid the salary or other remuneration and expenses that may be fixed by the Governor in
Council.
(2) Existing text of subsection
54(4):
(4) In the event of the absence or
incapacity of the Information Commissioner, or if the office of Information Commissioner is vacant, the Governor in
Council may appoint another qualified person to hold office instead of the Commissioner for a term not exceeding six
months, and that person shall, while holding that office, have all of the powers, duties and functions of the
Information Commissioner under this or any other Act of Parliament and be paid such salary or other remuneration and
expenses as may be fixed by the Governor in Council.
R.S., c. A-17
Auditor General Act
110. (1) Subsections 3(1) and (2) of the
Auditor General Act are replaced by the following:
Appointment
3. (1) The Governor
in Council shall, by commission under the Great Seal, appoint a qualified auditor as Auditor
General of Canada after consultation with the leader of every recognized party in the Senate and House
of Commons and approval of the appointment by resolution of the Senate and House of Commons.
Secret ballot
(1.1) A resolution of the Senate or House of
Commons under subsection (1) is to be based on a secret ballot of its members conducted in accordance with any rule or
standing order of that House.
Tenure
(1.2) The Auditor
General holds office during good behaviour for a term of 10 years but may be removed
for cause by the Governor in Council on address of the Senate and House of Commons.
Ceasing to hold office
(2) Despite subsections (1)
and (1.2), the Auditor General ceases to hold office on reaching 65 years
of age.
Auditor
General Act
Clause
110: (1) Existing text of subsections 3(1) and (2):
3. (1) The Governor in Council shall, by commission under the Great Seal, appoint a qualified auditor to be the officer
called the Auditor General of Canada to hold office during good behaviour for a term of ten years, but the Auditor
General may be removed by the Governor in Council on address of the Senate and House of Commons.
(2)
Notwithstanding subsection (1), the Auditor General ceases to hold office on attaining the age of sixty-five
years.
(2) Subsection
3(4) of the Act is replaced by the following:
Interim appointment
(4) In the event of the absence or incapacity of
the Auditor General or if that office is vacant, the Governor in Council may appoint any qualified auditor to hold that office in the interim for a term not exceeding six months,
and that person shall, while holding office, be paid the salary or other remuneration and expenses that may be fixed by
the Governor in Council.
(2) Existing text of subsection
3(4):
(4) In the event of the absence or
incapacity of the Auditor General or if the office of Auditor General is vacant, the Governor in Council may appoint a
person temporarily to perform the duties of Auditor General.
2000, c. 9
Canada Elections Act
111. Section 13 of the Canada Elections Act is amended by adding the following after subsection (1):
Secret ballot
(1.1) A resolution of the House of Commons under
subsection (1) is to be based on a secret ballot of its members conducted in accordance with any standing orders of
that House.
Canada
Elections Act
Clause
111: New.
R.S., c. 31 (4th Supp.)
Official Languages Act
112. (1) Subsections 49(1) and (2) of the
Official Languages Act are replaced by the following:
Appointment
49. (1)
The Governor in Council shall, by commission under the Great Seal, appoint
a Commissioner of Official Languages for Canada after consultation with the leader of every recognized
party in the Senate and House of Commons and approval of the appointment by resolution of the Senate and House
of Commons.
Secret ballot
(1.1) A resolution of the Senate or House of
Commons under subsection (1) is to be based on a secret ballot of its members conducted in accordance with any rule or
standing order of that House.
Tenure
(2) Subject to this section, the Commissioner holds
office during good behaviour for a term of seven years, but may be removed for cause by the
Governor in Council at any time on address of the Senate and House of Commons.
Official
Languages Act
Clause
112: (1) Existing text of subsections 49(1) and (2):
49. (1) There shall be a Commissioner of Official Languages for Canada who shall be appointed by commission under the
Great Seal after approval of the appointment by resolution of the Senate and House of Commons.
(2) Subject to
this section, the Commissioner holds office during good behaviour for a term of seven years, but may be removed by the
Governor in Council at any time on address of the Senate and House of Commons.
(2) Subsection
49(4) of the Act is replaced by the following:
Interim appointment
(4) In the event of the absence or incapacity of
the Commissioner or if that office is vacant, the Governor in Council may appoint any qualified person to hold that office in the interim for a
term not exceeding six months, and that person shall, while holding office, be paid the salary or
other remuneration and expenses that may be fixed by the Governor in Council.
(2) Existing text of subsection
49(4):
(4) In the event of the absence or
incapacity of the Commissioner, or if the office of Commissioner of Official Languages for Canada is vacant, the
Governor in Council, after consultation by the Prime Minister with the Speaker of the Senate and the Speaker of the
House of Commons, may appoint another qualified person to hold office during the absence or incapacity of the
Commissioner or while the office is vacant for a term not exceeding six months, and that person shall, while holding
office, have all of the powers, duties and functions of the Commissioner under this Act and be paid such salary or
other remuneration and expenses as may be fixed by the Governor in Council.
R.S., c. P-1
Parliament of Canada Act
2004, c. 7, s. 2
113. Section 20.1 of the Parliament of Canada Act is renumbered as subsection 20.1(1) and is amended by adding the
following:
Secret ballot
(2) A resolution of the Senate under subsection (1)
is to be based on a secret ballot of its members conducted in accordance with any rules of the Senate.
Parliament
of Canada Act
Clause
113: New.
2004, c. 7, s. 2
114. Subsection 20.2(2) of the Act is replaced
by the following:
Interim appointment
(2) In the event of the absence or incapacity of
the Senate Ethics Officer, or if that office is vacant, the Governor in Council may appoint any
qualified person to hold that office in the interim for a term not exceeding six months,
and that person shall, while holding office, be paid the salary or other remuneration and expenses that
may be fixed by the Governor in Council.
Clause
114: Existing text of subsection 20.2(2):
(2) In the event of the absence or
incapacity of the Senate Ethics Officer, 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
115. Section 72.01 of the Act is renumbered as
subsection 72.01(1) and is amended by adding the following:
Secret ballot
(2) A resolution of the House of Commons under
subsection (1) is to be based on a secret ballot of its members conducted in accordance with any standing orders of
that House.
Clause
115: New.
2004, c. 7, s. 4
116. Subsection 72.02(2) of the Act is replaced
by the following:
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 any
qualified person to hold that office in the interim for a term not exceeding six months,
and that person shall, while holding office, be paid the salary or other remuneration and expenses that
may be fixed by the Governor in Council.
Clause
116: Existing text of subsection 72.02(2):
(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.
117. Subsection 75(4) of the Act is
replaced by the following:
Other officers and employees
(4) The officers, other than
the Parliamentary Librarian, the Associate Parliamentary Librarian and the Parliamentary Budget
Officer, and the clerks and servants who 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.
Clause
117: Existing text of subsection 75(4):
(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.
118. Section 78 of the Act is replaced by
the following:
Duties of Librarians and staff
78. The Parliamentary
Librarian, the Associate Parliamentary Librarian, the Parliamentary Budget Officer and the other
officers, clerks and servants of the Library are responsible for the faithful discharge of their official duties, as
defined, subject to this Act, 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.
Clause
118: Existing text of section 78:
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.
119. The Act is amended by adding the
following after section 79:
Parliamentary Budget Officer
79.1 (1) There is
hereby established the position of Parliamentary Budget Officer, the holder of which is an officer of the Library of
Parliament.
Appointment and term of office
(2) The Governor in Council shall, by commission
under the Great Seal, appoint the Parliamentary Budget Officer to hold office during pleasure for a renewable term of
not more than three years.
Selection
(3) The Governor in Council may select the
Parliamentary Budget Officer from a list of three names submitted in confidence, through the Leader of the Government
in the House of Commons, by a committee formed and chaired by the Parliamentary Librarian.
Remuneration and expenses
(4) The Parliamentary Budget Officer shall be paid
the remuneration and expenses set by the Governor in Council.
Mandate
79.2 The mandate of the
Parliamentary Budget Officer is to
(a) provide
objective analysis to the Senate and to the House of Commons about the state of the nation's finances and trends in the
national economy;
(b) when requested
to do so by any of the following committees, undertake research for that committee into the nation's finances and
economy:
(i) the Standing Committee on National Finance of
the Senate or, in the event that there is not a Standing Committee on National Finance, the appropriate committee of
the Senate,
(ii) the Standing Committee on Finance of the House
of Commons or, in the event that there is not a Standing Committee on Finance, the appropriate committee of the House
of Commons, or
(iii) the Standing Committee on Public Accounts of
the House of Commons or, in the event that there is not a Standing Committee on Public Accounts, the appropriate
committee of the House of Commons;
(c) when requested
to do so by a member of either House, estimate the financial cost of proposals contained in any Bill introduced by a
member of either House other than as a minister of the Crown; and
(d) when requested
to do so by a member of either House or by a committee of the Senate or of the House of Commons, or a committee of both
Houses, estimate the financial cost of any proposal that relates to a matter over which Parliament has
jurisdiction.
Access to financial and economic
data
79.3 (1) Except as
provided by any other Act of Parliament that expressly refers to this subsection, the Parliamentary Budget Officer is
entitled, by request made to the deputy head of a department within the meaning of any of paragraphs (a), (a.1) and (d) of the definition "department" in section 2 of the
Financial Administration Act, or to any other person designated by that deputy
head for the purpose of this section, to access at all convenient times to any financial or economic data in the
possession of the department that are required for the performance of his or her mandate.
Exception
(2) Subsection (1) does not apply in respect of any
financial or economic data
(a) that are
information the disclosure of which is restricted under section 19 of the Access to
Information Act or any provision set out in Schedule II to that Act; or
(b) that are
contained in a confidence of the Queen's Privy Council for Canada described in subsection 69(1) of that Act, unless the
data are also contained in any other record, within the meaning of section 3 of that Act, and are not information
referred to in paragraph (a).
Confidentiality
79.4 The Parliamentary
Budget Officer, and every person acting on behalf or under the direction of the Parliamentary Budget Officer, shall not
disclose any financial or economic data that come to their knowledge under section 79.3, unless the disclosure is
essential for the performance of his or her mandate and the financial or economic data to which the disclosure relates
are not information described in subsection 13(1), section 14 or any of paragraphs 18(a) to (d) or 20(1)(b) to (d) of the Access to Information Act.
Powers to contract
79.5 (1) Subject to
subsection 74(2) the Parliamentary Budget Officer may, in the performance of his or her mandate, enter into contracts,
memoranda of understanding or other arrangements in the name of his or her position.
Technical assistance
(2) The Parliamentary Budget Officer may engage on
a temporary basis the services of persons having technical or specialized knowledge necessary for the performance of
his or her mandate.
Designation
(3) The Parliamentary Budget Officer may, from
among persons employed in the Library of Parliament to assist him or her, designate any person to exercise any of the
powers under subsection (1) or (2) that the Parliamentary Budget Officer specifies, subject to the conditions that the
Parliamentary Budget Officer sets.
Clause
119: New.
R.S., c. P-21
Privacy Act
120. (1) Subsections 53(1) and (2) of the
Privacy Act are replaced by the following:
Appointment
53. (1) The
Governor in Council shall, by commission under the Great Seal, appoint a Privacy Commissioner after consultation with the leader of every recognized party in the Senate and House of Commons and approval of the
appointment by resolution of the Senate and House of Commons.
Secret ballot
(1.1) A resolution of the Senate or House of
Commons under subsection (1) is to be based on a secret ballot of its members conducted in accordance with any rule or
standing order of that House.
Tenure
(2) Subject to this section, the Privacy
Commissioner holds office during good behaviour for a term of seven years, but may be removed for
cause by the Governor in Council at any time on address of the Senate and House of Commons.
Privacy
Act
Clause
120: (1) Existing text of subsections 53(1) and (2):
53. (1) The Governor in Council shall, by commission under the Great Seal, appoint a Privacy Commissioner after approval
of the appointment by resolution of the Senate and House of Commons.
(2) Subject to
this section, the Privacy Commissioner holds office during good behaviour for a term of seven years, but may be removed
by the Governor in Council at any time on address of the Senate and House of Commons.
(2) Subsection
53(4) of the Act is replaced by the following:
Interim appointment
(4) In the event of the absence or incapacity of
the Privacy Commissioner, or if that office is vacant, the Governor in Council may appoint
any qualified person to hold that office in the
interim for a term not exceeding six months, and that person shall, while holding office,
be paid the salary or other remuneration and expenses that may be fixed by
the Governor in Council.
(2) Existing text of subsection
53(4):
(4) In the event of the absence or
incapacity of the Privacy Commissioner, or if the office of Privacy Commissioner is vacant, the Governor in Council may
appoint another qualified person to hold office instead of the Commissioner for a term not exceeding six months, and
that person shall, while holding that office, have all of the powers, duties and functions of the Privacy Commissioner
under this Act or any other Act of Parliament and be paid such salary or other remuneration and expenses as may be
fixed by the Governor in Council.
2005, c. 46
Public Servants Disclosure Protection Act
121. (1) Subsections 39(1) and (2) of the
Public Servants Disclosure Protection Act are replaced by the
following:
Appointment
39. (1) The
Governor in Council shall, by commission under the Great Seal, appoint a Public Sector Integrity Commissioner after
consultation with the leader of every recognized party in the Senate and House of Commons and
approval of the appointment by resolution of the Senate and House of Commons.
Secret ballot
(1.1) A resolution of the Senate or House of
Commons under subsection (1) is to be based on a secret ballot of its members conducted in accordance with any rule or
standing order of that House.
Tenure
(2) Subject to this section, the Commissioner holds
office during good behaviour for a term of seven years, but may be removed for cause by the
Governor in Council at any time on address of the Senate and House of Commons.
Public
Servants Disclosure Protection Act
Clause
121: (1) Existing text of subsections 39(1) and (2):
39. (1) The Governor in Council shall, by commission under the Great Seal, appoint a Public Sector Integrity
Commissioner after approval of the appointment by resolution of the Senate and House of Commons.
(2) Subject to
this section, the Commissioner holds office during good behaviour for a term of seven years, but may be removed by the
Governor in Council at any time on address of the Senate and House of Commons.
(2) Subsection
39(4) of the Act is replaced by the following:
Interim appointment
(4) In the event of the absence or incapacity of
the Commissioner, or if that office is vacant, the Governor in Council may appoint any qualified person to hold that office in the interim for a
term not exceeding six months, and that person shall, while holding office, be paid the salary or
other remuneration and expenses that may be fixed by the Governor in Council.
(2) Existing text of subsection
39(4):
(4) In the event of the absence or
incapacity of the Commissioner, or if the office of Commissioner is vacant, the Governor in Council may appoint another
qualified person to hold office instead of the Commissioner for a term of not more than six months, and that person
shall, while holding that office, have all of the powers, duties and functions of the Commissioner under this or any
other Act of Parliament and be paid the salary or other remuneration and expenses that may be fixed by the Governor in
Council.
Transitional Provision
Transitional - continuation in
office
122. A person who holds office under one of the
following provisions immediately before the day on which this section comes into force continues in office and is
deemed to have been appointed under that provision, as amended by sections 109 to 113,
115, 120 and 121, to hold office for the remainder of
the term for which he or she had been appointed:
(a) the
Information Commissioner under section 54 of the Access to
Information Act;
(b) the
Auditor General of Canada under section 3 of the Auditor
General Act;
(c) the
Chief Electoral Officer under section 13 of the Canada
Elections Act;
(d) the
Commissioner of Official Languages for Canada under section 49 of the Official
Languages Act;
(e) the
Senate Ethics Officer under section 20.1 of the Parliament of Canada
Act;
(f) the
Ethics Commissioner under section 72.01 of the Parliament of Canada
Act;
(g) the
Privacy Commissioner under section 53 of the Privacy Act; and
(h) the
Public Sector Integrity Commissioner under section 39 of the Public Servants
Disclosure Protection Act.
PART 3
OFFICE OF THE DIRECTOR
OF PUBLIC PROSECUTIONS, ADMINISTRATIVE TRANSPARENCY AND DISCLOSURE OF WRONGDOING
Director of Public Prosecutions Act
Enactment of Act
123. The Director of Public Prosecutions Act is enacted as follows:
An Act respecting the office
of the Director of Public Prosecutions
SHORT TITLE
Short title
1. This Act may be cited
as the Director of Public Prosecutions Act.
INTERPRETATION
Definitions
2. The following
definitions apply in this Act.
"Attorney General"
« procureur général »
"Attorney General" means
the Attorney General of Canada.
"prosecution"
« poursuite »
"prosecution", except in
relation to matters referred to in subsection 3(8), means a prosecution under the jurisdiction of the Attorney General,
a proceeding respecting any offence, the prosecution - or prospective prosecution - of which is under the jurisdiction
of the Attorney General, and any appeal related to such a prosecution or proceeding.
DIRECTOR OF PUBLIC
PROSECUTIONS
Appointment
3. (1) The Governor
in Council shall, on the recommendation of the Attorney General, appoint a Director of Public Prosecutions (in this Act
referred to as the "Director") in accordance with section 4.
Rank and status
(2) The Director has the rank and status of a
deputy head of a department.
Duties and functions
(3) The Director, under and on behalf of the
Attorney General,
(a) initiates and
conducts prosecutions on behalf of the Crown;
(b) conducts, on
behalf of the Crown and in respect of prosecutions, any appeal or other proceeding in which the Crown is named as a
respondent;
(c) intervenes in
any matter that raises a question of public interest that may affect the conduct of prosecutions or related
investigations;
(d) issues
guidelines to persons acting as federal prosecutors respecting the conduct of prosecutions generally;
(e) advises law
enforcement agencies or investigative bodies in respect of prosecutions generally or in respect of a particular
investigation that may lead to a prosecution;
(f) communicates
with the media and the public on all matters respecting the initiation and conduct of prosecutions;
(g) exercises the
authority of the Attorney General respecting private prosecutions, including to intervene and assume the conduct of -
or direct the stay of - such prosecutions; and
(h) carries out
any other duty or function assigned to the Director by the Attorney General that is compatible with the office of
Director.
Deputy Attorney General
(4) For the purpose of exercising the powers and
performing the duties and functions referred to in subsection (3), the Director is the Deputy Attorney General of
Canada.
Guidelines not statutory
instruments
(5) For greater certainty, guidelines referred to
in paragraph (3)(d) are not statutory instruments within the meaning of the
Statutory Instruments Act.
Publication
(6) Any assignment under paragraph (3)(h) must be in writing and be published by the Attorney General in the Canada Gazette.
Agreements and arrangements
(7) The Director may, for the purposes of
exercising the powers and performing the duties and functions referred to in subsection (3), enter into an agreement or
arrangement on behalf of the Attorney General with the government of a province.
Duties - election-related
matters
(8) The Director initiates and conducts
prosecutions on behalf of the Crown with respect to any offences under the Canada
Elections Act, as well as any appeal or other proceeding related to such a prosecution.
Other powers, duties and
functions
(9) The Director may, under and on behalf of the
Attorney General, exercise any powers or perform any duties or functions of the Attorney General under the Extradition Act or the Mutual Legal Assistance in
Criminal Matters Act.
Selection committee
4. (1) The Attorney
General shall establish a selection committee consisting of the following members:
(a) a person named
by the Federation of Law Societies of Canada;
(b) a person named
by each recognized political party in the House of Commons;
(c) the Deputy
Minister of Justice;
(d) the Deputy
Minister of the Department of Public Safety and Emergency Preparedness; and
(e) a person
selected by the Attorney General.
List of candidates
(2) The Attorney General shall submit to the
selection committee a list of not more than 10 candidates whom he or she considers suitable to be appointed as
Director, each of whom must be a member of at least 10 years standing at the bar of any province. The committee shall
assess the candidates and recommend three of them to the Attorney General.
Selection
(3) The Attorney General shall, from among those
three candidates, select the one whom he or she considers most suitable for the office of Director.
Referral to committee
(4) The question of the appointment of the selected
candidate is referred for consideration to a committee designated or established by Parliament for that purpose.
Recommendation to Governor in
Council
(5) After the parliamentary committee's review, the
Attorney General may recommend to the Governor in Council that the selected candidate be appointed as Director, or may
refer to the committee the appointment of another candidate recommended under subsection (2).
Tenure and term
5. (1) The Director
holds office, during good behaviour, for a term of seven years, but may be removed by the Governor in Council at any
time for cause. The Director is not eligible to be reappointed for a further term of office.
End of term
(2) At the end of the Director's term, the Director
shall continue in office until his or her successor is appointed.
Full-time
(3) The Director shall engage exclusively in the
duties and functions of his or her office under this Act or any other Act of Parliament and shall not hold any other
office or engage in any other employment for reward.
Incapacity or vacancy
(4) In the event of the incapacity of the Director
or a vacancy in that office, the Governor in Council may authorize a Deputy Director of Public Prosecutions to act as
Director, but no person may act as Director for a period exceeding 12 months without the approval of the Governor in
Council.
Remuneration and expenses
(5) The Director shall be paid the remuneration and
expenses that are fixed by the Governor in Council. Once fixed, the remuneration may not be reduced.
DEPUTY DIRECTORS, PROSECUTORS
AND OTHER STAFF
Deputy Director
6. (1) The Governor
in Council shall, on the recommendation of the Attorney General, appoint one or more members of at least 10 years'
standing at the bar of any province to be Deputy Directors of Public Prosecutions.
Selection committee
(2) The Attorney General may only make the
recommendation after consultation with a selection committee consisting of the Director, a person representing the
Federation of Law Societies of Canada and the Deputy Minister of Justice.
Powers, duties and functions - lawful
deputy
(3) Under the supervision of the Director, a Deputy
Director may exercise any of the powers and perform any of the duties or functions referred to in subsection 3(3) and,
for that purpose, is a lawful deputy of the Attorney General.
Other powers, duties and
functions
(4) Under the supervision of the Director, a Deputy
Director may also act for or on behalf of the Director in the exercise of any of the other powers or the performance of
any of the other duties or functions that the Director is authorized to exercise or perform under this or any other Act
of Parliament.
Employed federal prosecutors
7. (1) The federal
prosecutors that are necessary to enable the Director to perform any of the duties or functions of his or her office
shall be appointed in accordance with the Public Service Employment Act.
Non-employed federal
prosecutors
(2) The Director may also for that purpose retain,
on behalf of Her Majesty, the services of barristers and, in the Province of Quebec, advocates to act as federal
prosecutors and, with the approval of the Treasury Board, may fix and pay their fees, expenses and other
remuneration.
Qualification
(3) A person appointed under subsection (1) or
whose services are retained under subsection (2) must be a member of the bar of a province.
Other staff
8. (1) Any other
officers and employees that are necessary to enable the Director to perform any of the duties and functions of his or
her office shall be appointed in accordance with the Public Service Employment
Act.
Technical assistance
(2) The Director may engage the services of persons
having technical or specialized knowledge of any matter relating to the Director's work to advise and assist the
Director in performing any of the duties and functions of his or her office and, with the approval of the Treasury
Board, may fix and pay the remuneration and expenses of those persons.
DELEGATION
Delegation
9. (1) The Director
may, subject to any restrictions or limitations that the Director specifies, authorize a federal prosecutor, a person
acting as a federal prosecutor under subsection 7(2) or any person referred to in subsection 8(1) to act for or on
behalf of the Director in the exercise of any of the powers or the performance of any of the duties or functions that
the Director is authorized to exercise or perform under this or any other Act of Parliament, except the power to
delegate under this subsection.
Agency
(2) Every person who is authorized under subsection
(1) acts as an agent of the Director and is not required to prove such authorization.
Designation
(3) The Director, a Deputy Director and any person
referred to in subsection 7(3) may be designated as an agent of the Minister of Public Safety and Emergency
Preparedness under section 185 of the Criminal Code.
DIRECTIVES
Directive from Attorney General - specific
prosecution
10. (1) Any
directive that the Attorney General issues to the Director with respect to the initiation or conduct of any specific
prosecution must be in writing and be published in the Canada Gazette.
Directive - generally
applicable
(2) The Attorney General may, after consulting the
Director, issue directives respecting the initiation or conduct of prosecutions generally. Any such directives must be
in writing and be published in the Canada Gazette.
Delay in publication -
directive
11. (1) The
Attorney General or the Director may, if he or she considers it to be in the interests of the administration of
justice, direct that the publication in the Canada Gazette of a directive
referred to in subsection 10(1) be delayed.
Limit on delay
(2) The publication of a directive may not be
delayed beyond the completion of the prosecution or any related prosecution.
Directives not statutory
instruments
12. For greater certainty,
directives issued under section 10 are not statutory instruments within the meaning of the Statutory Instruments Act.
ISSUES OF GENERAL PUBLIC
INTEREST
Duty to inform
13. The Director must
inform the Attorney General, in a timely manner, of any prosecution that raises questions of general interest beyond
the scope of those usually raised in prosecutions.
Intervention
14. When, in the opinion
of the Attorney General, proceedings raise questions of public interest beyond the scope of those usually raised in
prosecutions, the Attorney General may, after notifying the Director, intervene in first instance or on
appeal.
ASSUMING CONDUCT OF
PROSECUTION
Taking conduct of prosecution
15. (1) The
Attorney General may only assume conduct of a prosecution after first consulting the Director. The Attorney General
must then give to the Director a notice of intent to assume conduct of the prosecution and publish it in the
Canada Gazette without delay.
Transfer of file
(2) The Director is required to turn the
prosecution file over to the Attorney General and to provide any information that the Attorney General requires within
the time specified.
Delay in publication
(3) However, publication may be delayed if the
Attorney General or the Director considers it to be in the interests of the administration of justice.
ANNUAL REPORT
Annual report
16. (1) The
Director shall, not later than June 30 of each year, report to the Attorney General in respect of the activities of the
office of the Director - except in relation to matters referred to in subsection 3(8) - in the immediately preceding
fiscal year.
Tabling in Parliament
(2) The Attorney General shall cause a copy of the
Director's report to be laid before each House of Parliament on any of the first 15 days on which that House is sitting
after he or she receives the report.
Transitional
Provisions
Definition of "other Act"
124. In sections 125 to
129 of this Act, "other Act" means the Director of Public
Prosecutions Act, as enacted by section 123 of this
Act.
Acting Director
125. (1) The person who holds the position of
Assistant Deputy Attorney General (Criminal Law) in the Department of Justice immediately before the day on which this
section comes into force is authorized to act as the Director of Public Prosecutions under the other Act for a period
of one year after that day, and continuing after that year until the appointment of the Director of Public Prosecutions
under subsection 3(1) of the other Act.
Acting Deputy Director
(2) That person may authorize two members
of at least 10 years' standing at the bar of any province to act as Deputy Directors of Public Prosecutions under the
other Act until the appointment of a Deputy Director of Public Prosecutions under subsection 6(1) of the other
Act.
Transfer of employees
126. (1) The coming into force of the other Act
shall not be construed as affecting the status of an employee who occupied, immediately before the day on which the
other Act comes into force, a position in the Department of Justice in the administrative unit known as the Federal
Prosecution Service, except that the employee from that day occupies that position in the Office of the Director of
Public Prosecutions.
Transfer of other staff
(2) The Governor in Council may, by order
made on the recommendation of the Treasury Board, if the Governor in Council is of the opinion that an employee or
class of employees in the Department of Justice is carrying out powers, duties or functions that are in whole or in
part in support of or related to the powers, duties and functions of employees referred to in subsection (1) and that
it is in the best interests of the core public administration to do so, declare that the employee or class of employees
shall, on the day on which the order comes into force, occupy their positions in the Office of the Director of Public
Prosecutions.
Definition of "employee"
(3) In this section, "employee" has the
same meaning as in subsection 2(1) of the Public Service Employment Act.
Non-employed federal
prosecutors
127. Any barrister or, in the Province of
Quebec, any advocate whose services were retained, immediately before the day on which the other Act comes into force,
to act as a prosecutor for the Crown in connection with any matter is deemed, on that day, to have had his or her
services retained under subsection 7(2) of the other Act to act in connection with that matter.
Transfer of appropriations
128. Any amount that is appropriated, for the
fiscal year in which the other Act comes into force, by an appropriation Act based on the Estimates for that year for
defraying the charges and expenses of the Department of Justice in relation to duties and functions carried out by the
administrative unit known as the Federal Prosecution Service and that, on the day on which the other Act comes into
force, is unexpended, is deemed to be an amount appropriated for defraying the charges and expenses of the Office of
the Director of Public Prosecutions.
Continuation of prosecutions
129. (1) Any prosecution to which the Attorney
General of Canada is a party and that is ongoing on the day on which the other Act comes into force is continued by the
Director of Public Prosecutions without further formality.
Definition of "prosecution"
(2) In subsection (1), "prosecution" has the same meaning as in section 2 of the other
Act.
Election-related prosecutions
130. Any prosecution for an offence under
the Canada Elections Act that is pending immediately
before the day on which sections 123 and 132 to 138 of this Act come into force may continue to be conducted by the
Commissioner of Canada Elections, as well as any appeal or other proceeding related to such a prosecution as if those
sections had not come into force.
Consequential Amendments
R.S., c. A-1
Access to Information
Act
131. Schedule I to the Access to Information Act is amended by adding the following in alphabetical order under
the heading "Other Government Institutions":
Office of the Director of Public
Prosecutions
Bureau du
directeur des poursuites pénales
2000, c. 9
Canada Elections
Act
2003, c. 19, s. 62
132. Section 511 of the Canada Elections Act is replaced by the following:
Director of Public Prosecutions may
prosecute
511. (1) If the
Commissioner believes on reasonable grounds that an offence under this Act has been committed, the Commissioner may
refer the matter to the Director of Public Prosecutions who shall decide whether to initiate a
prosecution.
Information
(2) If the Director decides to initiate a
prosecution, the Director shall request the Commissioner to cause an information in writing and under oath or solemn
declaration to be laid before a justice, as defined in section 2 of the Criminal
Code.
Search and seizure
(3) For the purposes of section 487
of the Criminal Code, any person charged by the Commissioner with duties
relating to the administration or enforcement of this Act is deemed to be a public officer.
Canada
Elections Act
Clause
132: Existing text of section 511:
511. (1) If the Commissioner believes on reasonable grounds that an offence under this Act has been committed and is of
the view that the public interest justifies it, the Commissioner may institute a prosecution or cause one to be
instituted.
(2) For the
purposes of section 487 of the Criminal Code, any person charged by the Commissioner with duties relating to the administration or enforcement of
this Act is deemed to be a public officer.
133. (1) Subsection 512(1) of the Act is
replaced by the following:
Director's consent required
512. (1) No
prosecution for an offence under this Act may be instituted by a person other than the Director of
Public Prosecutions without the Director's prior written consent.
Clause
133: (1) Existing text of subsection 512(1):
512. (1) No prosecution for an offence under this Act may be instituted by a person other than the Commissioner without
the Commissioner's prior written consent.
(2) Subsection
512(3) of the Act is replaced by the following:
Proof of consent
(3) Every document purporting to be the
Director's consent under subsection (1) is deemed to be that consent unless it is called into
question by the Director or by someone acting for the Director or for Her
Majesty.
(2) Existing text of subsection
512(3):
(3) Every document purporting to be
the Commissioner's consent under subsection (1) is deemed to be that consent unless it is called into question by the
Commissioner or by someone acting for the Commissioner or for Her Majesty.
134. Section 513 of the Act is replaced by
the following:
Commissioner may intervene
513. The Commissioner,
where he or she considers it to be in the public interest, may take any measures, including incurring any expenses, in
relation to an inquiry, injunction or compliance agreement under this Act.
Clause
134: Existing text of section 513:
513. The Commissioner, where he or she considers it to be in the public interest, may take any measures, including
incurring any expenses, in relation to an inquiry, prosecution, injunction or compliance agreement under this
Act.
135. (1) Subsection 517(1) of the Act is
replaced by the following:
Compliance agreements
517. (1)
Subject to subsection (7), if the Commissioner believes on reasonable grounds that a person has
committed, is about to commit or is likely to commit an act or omission that could constitute an offence under this
Act, the Commissioner may enter into a compliance agreement, aimed at ensuring compliance with this Act, with that
person (in this section and sections 518 to 521 called the "contracting party").
Clause
135: (1) Existing text of subsection 517(1):
517. (1) If the Commissioner believes on reasonable grounds that a person has committed, is about to commit or is likely
to commit an act or omission that could constitute an offence under this Act, the Commissioner may enter into a
compliance agreement, aimed at ensuring compliance with this Act, with that person (in this section and sections 518 to
521 called the "contracting party").
2001, c. 21, s. 25(E)
(2) Subsections 517(6) to (8) of the Act
are replaced by the following:
Effect of compliance agreement - no
referral
(6) If a matter has not yet been referred to the
Director of Public Prosecutions when a compliance agreement is entered into, no such referral may be made for an act or
omission that led to the agreement unless there is non-compliance with it.
Matter that has been referred
(7) If a matter has already been referred to the
Director of Public Prosecutions, whether or not a prosecution has been initiated, the Director may - if, after
consultation with the Commissioner, the Director considers that a compliance agreement would better serve the public
interest - remit the matter back to the Commissioner so that it may be so dealt with.
Effect of compliance agreement
(8) When a compliance agreement is
entered into, any prosecution of the contracting party for an act or omission that led to it is suspended and, unless
there is non-compliance with it, the Director of Public Prosecutions may not institute such a
prosecution.
Renegotiation
(9) The Commissioner and the
contracting party may renegotiate the terms of the compliance agreement at the request of the Commissioner or
contracting party at any time before it is fully executed.
Copy to be provided
(10) The Commissioner shall provide
the contracting party with a copy of a compliance agreement, without delay after it is entered into or renegotiated
under subsection (9). If the matter has been referred to the Director of Public Prosecutions, the
Commissioner shall also provide a copy of the compliance agreement to the Director.
(2) Existing text of subsections 517(6) to
(8):
(6) When a compliance agreement is
entered into, any prosecution of the contracting party for an act or omission that led to it is suspended and, unless
there is non-compliance with it, the Commissioner may not institute such a prosecution.
(7) The Commissioner and the
contracting party may renegotiate the terms of the compliance agreement at the request of the Commissioner or
contracting party at any time before it is fully executed.
(8) The Commissioner shall provide
the contracting party with a copy of a compliance agreement, without delay after it is entered into or renegotiated
under subsection (7).
136. Sections 518 and 519 of the Act are
replaced by the following:
If agreement complied with
518. (1) If the
Commissioner is of the opinion that the compliance agreement has been complied with, the Commissioner shall cause a
notice to that effect to be served on the contracting party. If the matter has been referred to the
Director of Public Prosecutions, the Commissioner shall also provide a copy of the notice to the Director.
Effect of notice
(2) Service of the notice terminates any
prosecution of the contracting party that is based on the act or omission in question and prevents the Commissioner
from referring the matter to the Director of Public Prosecutions and the Director from
instituting such a prosecution.
If agreement not complied with
519. If the Commissioner
is of the opinion that a contracting party has not complied with a compliance agreement, the Commissioner shall cause a
notice of default to be served on the contracting party, informing him or her that, as the case may
be, the Commissioner may refer the matter to the Director of Public Prosecutions for any action
the Director considers appropriate or, if a prosecution was suspended by virtue of
subsection 517(8), it may be resumed. If the matter has been
referred to the Director of Public Prosecutions, the Commissioner shall also provide a copy of the notice to the
Director.
Clause
136: Existing text of sections 518 and 519:
518. (1) If the Commissioner is of the opinion that the compliance agreement has been complied with, the Commissioner
shall cause a notice to that effect to be served on the contracting party.
(2) Service of
the notice terminates any prosecution of the contracting party that is based on the act or omission in question and
prevents the Commissioner from instituting such a prosecution.
519. If the Commissioner is of the opinion that a contracting party has not complied with a compliance agreement, the
Commissioner shall cause a notice of default to be served on the contracting party, informing him or her that the
Commissioner may institute proceedings against him or her in respect of the original act or omission or, if such
proceedings have been instituted and suspended by virtue of subsection 517(6), they may be resumed.
137. The Act is amended by adding the
following after section 535:
Consultation
535.1 The Chief Electoral
Officer may, before making a report under section 534 or 535, consult the Director of Public Prosecutions on any
question relating to measures taken under section 511 or 512.
Clause
137: New.
138. Subsection 540(4) of the Act is
replaced by the following:
Exception
(4) Subsection (3) does not prohibit the Chief
Electoral Officer, any authorized member of his or her staff or the Commissioner from inspecting the documents referred
to in that subsection, and any of those documents may be produced by the Commissioner for the purpose of an inquiry
made under section 510 or provided to the Director of Public Prosecutions who may produce them for the
purpose of a prosecution - or possible prosecution - by the Director for an offence under
this Act.
Clause
138: Existing text of subsection 540(4):
(4) Subsection (3) does not
prohibit the Chief Electoral Officer, any authorized member of his or her staff or the Commissioner from inspecting the
documents referred to in that subsection, and any of those documents may be produced by the Commissioner for the
purpose of an inquiry made under section 510 or a prosecution for an offence under this Act.
R.S., c. J-2
Department of Justice
Act
139. Subsection 3(2) of the Department of Justice Act is replaced by the following:
Deputy Attorney General
(2) The Deputy Minister is ex officio the Deputy Attorney General except in respect of the powers,
duties and functions that the Director of Public Prosecutions is authorized to exercise or perform under subsection
3(3) of the Director of Public Prosecutions Act.
Department
of Justice Act
Clause
139: Existing text of subsection 3(2):
(2) The Deputy Minister is
ex officio the Deputy Attorney
General.
R.S., c. F-11
Financial Administration
Act
140. Schedule I.1 to the Financial Administration Act is amended by adding the following in alphabetical order in
column I:
Office of the Director of Public
Prosecutions
Bureau du
directeur des poursuites pénales
and a corresponding reference in column II
to the "Minister of Justice".
141. Schedule IV to the Act is amended by
adding the following in alphabetical order:
Office of the Director of Public
Prosecutions
Bureau du
directeur des poursuites pénales
R.S., c. P-21
Privacy Act
142. The schedule to the Privacy Act is amended by adding the following in alphabetical order under the heading
"Other Government Institutions":
Office of the Director of Public
Prosecutions
Bureau du
directeur des poursuites pénales
R.S., c. A-1
Access to Information Act
143. The definitions "designated Minister", "head" and "record" in section 3 of the
Access to Information Act are replaced by the following:
"designated Minister"
« ministre désigné »
"designated Minister" means a person who is designated as the Minister under subsection
3.2(1);
"head"
« responsable d'institution fédérale
»
"head", in respect of a
government institution, means
(a) in the case of
a department or ministry of state, the member of the Queen's Privy Council for Canada who
presides over the department or ministry, or
(b) in any other
case, either the person designated under subsection 3.2(2) to be the head
of the institution for the purposes of this Act or, if no such person is
designated, the chief executive officer of the institution, whatever their title;
"record"
« document »
"record" means any
documentary material, regardless of medium or form;
Access to
Information Act
Clause
143: Existing text of the definitions:
"designated
Minister", in relation to any provision of this Act, means such member of the Queen's
Privy Council for Canada as is designated by the Governor in Council as the Minister for the purposes of that
provision;
"head", in respect of a government institution, means
(a) in the case of a department or ministry of state, the member of the Queen's Privy
Council for Canada presiding over that institution, or
(b) in any other case, the person designated by order in council pursuant to this paragraph
and for the purposes of this Act to be the head of that institution;
"record" includes any correspondence, memorandum, book, plan, map, drawing, diagram, pictorial or graphic work,
photograph, film, microform, sound recording, videotape, machine readable record, and any other documentary material,
regardless of physical form or characteristics, and any copy thereof;
144. The Act is amended by adding the
following after section 3:
For greater certainty
3.1 For greater certainty,
for the purposes of this Act, information that relates to the general administration of a government institution
includes information that relates to expenses paid by the institution for travel, including lodging, and
hospitality.
DESIGNATION
Power to designate Minister
3.2 (1) The
Governor in Council may designate a member of the Queen's Privy Council for Canada to be the Minister for the purposes
of any provision of this Act.
Power to designate head
(2) The Governor in Council may, by order,
designate a person to be the head of a government institution, other than a department or ministry of state, for the
purposes of this Act.
Clause
144: New.
145. Section 4 of the Act is amended by
adding the following after subsection (2):
Responsibility of government
institutions
(2.1) The head of a government institution shall,
without regard to the identity of a person making a request for access to a record under the control of the
institution, make every reasonable effort to assist the person in connection with the request, respond to the request
accurately and completely and, subject to the regulations, provide access to the record in the format requested.
Clause
145: New.
146. The Act is amended by adding the
following in numerical order:
Records relating to investigations,
examinations and audits
16.1 The following heads
of government institutions shall refuse to disclose any record requested under this Act that contains information that
was obtained or created by them or on their behalf in the course of an investigation, examination or audit conducted by
them or under their authority:
(a) the Auditor
General of Canada;
(b) the
Commissioner of Official Languages for Canada;
(c) the
Information Commissioner; and
(d) the Privacy
Commissioner.
Clause
146: New.
147. The Act is amended by adding the
following in numerical order:
Examinations and reviews under
Canada Elections Act
16.3 The Chief Electoral
Officer shall refuse to disclose any record requested under this Act that contains information that was obtained or
created by or on behalf of a person who conducts an examination or review under the Canada Elections Act.
Clause
147: New.
148. (1) Paragraph 18(b) of the Act is replaced by the following:
(b)
information the disclosure of which could reasonably be expected to result in material financial loss
to, or could reasonably be expected to prejudice the competitive position of, a government institution
with respect to all or part of its operations;
(b.1) information
the disclosure of which could reasonably be expected to interfere with contractual or other negotiations of a
government institution;
(2) The portion
of paragraph 18(d) of the Act before subparagraph (i) is replaced by the
following:
(d)
information the disclosure of which could reasonably be expected to be materially injurious to the financial interests
of the Government of Canada or of all or part of a government institution or to the ability of the Government of Canada to manage the economy of Canada or could reasonably be expected to
result in an undue benefit to any person, including such information that relates to
Clause
148: (1) and (2) Relevant portion of section 18:
18. The head of a government institution may refuse to disclose any record requested under this Act that
contains
...
(b) information the disclosure of which could reasonably be expected to prejudice the
competitive position of a government institution;
...
(d) information the disclosure of which could reasonably be expected to be materially
injurious to the financial interests of the Government of Canada or the ability of the Government of Canada to manage
the economy of Canada or could reasonably be expected to result in an undue benefit to any person, including, without
restricting the generality of the foregoing, any such information relating to
149. The Act is amended by adding the
following after section 18:
Economic interests of certain Crown
corporations
18.1 (1) The head
of a government institution may refuse to disclose a record requested under this Act that contains trade secrets or
financial, commercial, scientific or technical information that belongs to, and has consistently been treated as
confidential by,
(a) the Canada
Post Corporation;
(b) Export
Development Canada;
(c) the Public
Sector Pension Investment Board; or
(d) VIA Rail
Canada Inc.
Exceptions
(2) However, the head of a government institution
shall not refuse under subsection (1) to disclose a part of a record that contains information that relates to
(a) the general
administration of an institution referred to in any of paragraphs (1)(a) to
(d); or
(b) any activity
of the Canada Post Corporation that is fully funded out of moneys appropriated by Parliament.
Clause
149: New.
150. The Act is amended by adding the
following after section 20:
National Arts Centre
Corporation
20.1 The head of the
National Arts Centre Corporation shall refuse to disclose a record requested under this Act if the disclosure would
reveal the terms of a contract for the services of a performing artist or the identity of a donor who has made a
donation in confidence and if the Corporation has consistently treated the information as confidential.
Public Sector Pension Investment
Board
20.2 The head of the
Public Sector Pension Investment Board shall refuse to disclose a record requested under this Act that contains advice
or information relating to investment that the Board has obtained in confidence from a third party if the Board has
consistently treated the advice or information as confidential.
Clause
150: New.
151. (1) Paragraph 21(1)(b) of the Act is replaced by the following:
(b) an
account of consultations or deliberations in which directors, officers or employees of a
government institution, a minister of the Crown or the staff of a minister participate;
Clause
151: (1) Relevant portion of subsection 21(1):
21. (1) The head of a government institution may refuse to disclose any record requested under this Act that
contains
...
(b) an account of consultations or deliberations involving officers or employees of a
government institution, a minister of the Crown or the staff of a minister of the Crown,
(2) Paragraph
21(2)(b) of the Act is replaced by the following:
(b) a report
prepared by a consultant or an adviser who was not a director, an officer or an employee of a government institution or a member of the staff of a minister of the Crown at the time the
report was prepared;
(2) Relevant portion of subsection
21(2):
(2) Subsection (1) does not apply
in respect of a record that contains
...
(b) a report prepared by a consultant or an adviser who was not, at the time the report was
prepared, an officer or employee of a government institution or a member of the staff of a minister of the
Crown.
152. The Act is amended by adding the
following after section 22:
Internal audits
22.1 (1) The head
of a government institution may refuse to disclose any record requested under this Act that contains a draft report of
an internal audit of a government institution or any related audit working paper if the record came into existence less
than fifteen years before the request was made.
Exception
(2) However, the head of a government institution
shall not refuse under subsection (1) to disclose a part of a record that contains the most recent draft report of an
internal audit of a government institution if a final report of the audit is not delivered to the institution within
two years after the day on which the audit was first commenced.
Clause
152: New.
153. Section 31 of the Act is replaced by
the following:
Written complaint
31. A complaint under this
Act shall be made to the Information Commissioner in writing unless the Commissioner authorizes otherwise. If the complaint relates to a request by a person for access to a record, it shall be made within sixty days after the day on which the person receives a notice of a
refusal under section 7, is given access to all or part of the record or, in any other case, becomes aware that grounds
for the complaint exist.
Clause
153: Existing text of section 31:
31. A complaint under this Act shall be made to the Information Commissioner in writing unless the Commissioner
authorizes otherwise and shall, where the complaint relates to a request for access to a record, be made within one
year from the time when the request for the record in respect of which the complaint is made was received.
154. Paragraph 35(2)(c) of the French version of the Act is replaced by the following:
c)
un tiers, s'il est possible de le joindre sans difficultés, dans le cas où
le Commissaire à l'information a l'intention de recommander, aux termes du paragraphe 37(1), la
communication de tout ou partie d'un document qui contient ou est, selon lui,
susceptible de contenir des secrets industriels du tiers, des renseignements visés à l'alinéa 20(1)b) qui ont été fournis par le tiers ou des renseignements dont la
communication risquerait, selon lui, d'entraîner pour le tiers les conséquences visées aux alinéas
20(1)c) ou d).
Clause
154: Relevant portion of subsection 35(2):
(2) In the course of an
investigation of a complaint under this Act by the Information Commissioner, a reasonable opportunity to make
representations shall be given to
...
(c) where the Information Commissioner intends to recommend under subsection 37(1) that a
record or a part thereof be disclosed that contains or that the Information Commissioner has reason to believe might
contain
(i) trade secrets of a third
party,
(ii) information described in
paragraph 20(1)(b) that was supplied by a third party, or
(iii) information the
disclosure of which the Information Commissioner could reasonably foresee might effect a result described in paragraph
20(1)(c) or (d) in respect of a third
party,
the third party, if the third
party can reasonably be located,
but no one is entitled as of
right to be present during, to have access to or to comment on representations made to the Commissioner by any other
person.
R.S., c. 27 (1st Supp.), s. 187 (Sch. V,
item 1(1))
155. Subsection 36(3) of the Act is replaced by
the following:
Evidence in other proceedings
(3) Except in a prosecution of a person for an
offence under section 131 of the Criminal Code (perjury) in respect of a
statement made under this Act, in a prosecution for an offence under section 67, in a review
before the Court under this Act or in an appeal from such proceedings, evidence given by a person
in proceedings under this Act and evidence of the existence of the proceedings is inadmissible against that person in a
court or in any other proceedings.
Clause
155: Existing text of subsection 36(3):
(3) Except in a prosecution of a
person for an offence under section 131 of the Criminal
Code (perjury) in respect of a statement made under this Act, in a prosecution for an
offence under this Act, or in a review before the Court under this Act or an appeal therefrom, evidence given by a
person in proceedings under this Act and evidence of the existence of the proceedings is inadmissible against that
person in a court or in any other proceedings.
156. Subsection 47(2) of the Act is
replaced by the following:
Disclosure of offence
authorized
(2) The Court may disclose to the appropriate
authority information relating to the commission of an offence against a law of Canada or a
province by a director, an officer or an employee of a government
institution if, in the Court's opinion, there is evidence of such an offence.
Clause
156: Existing text of subsection 47(2):
(2) The Court may disclose to the
appropriate authority information relating to the commission of an offence against any law of Canada or a province on
the part of any officer or employee of a government institution, if in the opinion of the Court there is evidence
thereof.
157. Subsection 58(2) of the French
version of the Act is replaced by the following:
Assistance technique
(2) Le Commissaire à l'information peut retenir
temporairement les services d'experts ou de spécialistes dont la compétence lui est utile dans l'exercice des fonctions
que lui confèrent la présente loi ou une autre loi fédérale; il peut fixer et payer, avec
l'approbation du Conseil du Trésor, leur rémunération et leurs frais.
Clause
157: Existing text of subsection 58(2):
(2) The Privacy Commissioner may
engage on a temporary basis the services of persons having technical or specialized knowledge of any matter relating to
the work of the Commissioner to advise and assist the Commissioner in the performance of the duties and functions of
the Commissioner under this Act or any other Act of Parliament and, with the approval of the Treasury Board, may fix
and pay the remuneration and expenses of such persons.
158. Subsection 59(2) of the Act is
replaced by the following:
Investigations relating to international
affairs and defence
(2) The Information Commissioner or an Assistant Information Commissioner may not delegate the investigation of a
complaint resulting from a refusal by the head of a government institution to disclose all or
part of a record under paragraph 13(1)(a) or
(b) or section 15 except to one of eight officers or
employees - or one of any greater number of officers or employees fixed by the designated
Minister - specifically designated by the Commissioner for the purpose of conducting those investigations.
Clause
158: Existing text of subsection 59(2):
(2) The Information Commissioner
may not, nor may an Assistant Information Commissioner, delegate the investigation of any complaint resulting from a
refusal by the head of a government institution to disclose a record or a part of a record by reason of paragraph
13(1)(a) or (b) or section 15 except to
one of a maximum of four officers or employees of the Commissioner specifically designated by the Commissioner for the
purpose of conducting those investigations.
159. Subsection 63(2) of the Act is
replaced by the following:
Disclosure of offence
authorized
(2) The Information Commissioner may disclose to
the Attorney General of Canada information relating to the commission of an offence against a law
of Canada or a province by a director, an officer or an employee of a
government institution if, in the Commissioner's opinion, there is evidence of
such an offence.
Clause
159: Existing text of subsection 63(2):
(2) The Information Commissioner
may disclose to the Attorney General of Canada information relating to the commission of an offence against any law of
Canada or a province on the part of any officer or employee of a government institution if in the opinion of the
Commissioner there is evidence thereof.
160. The heading before section 68 of the
Act is replaced by the following:
EXCLUSIONS
Clause
160: Existing text of the heading:
GENERAL
161. The Act is amended by adding the
following after section 68:
Canadian Broadcasting
Corporation
68.1 This Act does not
apply to any information that is under the control of the Canadian Broadcasting Corporation that relates to its
journalistic, creative or programming activities, other than information that relates to its general
administration.
Atomic Energy of Canada
Limited
68.2 This Act does not
apply to any information that is under the control of Atomic Energy of Canada Limited other than information that
relates to
(a) its general
administration; or
(b) its operation
of any nuclear facility within the meaning of section 2 of the Nuclear Safety and
Control Act that is subject to regulation by the Canadian Nuclear Safety Commission established under section 8
of that Act.
Clause
161: New.
162. The Act is amended by adding the
following after section 69.1:
GENERAL
Clause
162: New.
163. (1) Subsection 70(1) of the Act is
amended by striking out the word "and" at the end of paragraph (c) and by
adding the following after that paragraph:
(c.1) cause
statistics to be collected on an annual basis for the purpose of assessing the compliance of government institutions
with the provisions of this Act and the regulations relating to access; and
Clause
163: (1) Relevant portion of subsection 70(1):
70. (1) Subject to subsection (2), the designated Minister shall
(2) Section 70
of the Act is amended by adding the following after subsection (1):
Duties and functions of designated
Minister
(1.1) The designated Minister may fix the number of
officers or employees of the Information Commissioner for the purposes of subsection 59(2).
(2) New.
164. Paragraph 77(1)(a) of the Act is replaced by the following:
(a)
prescribing limitations in respect of the format in which records are to be provided under subsection
4(2.1);
(a.1)prescribing limitations in respect of records that can be
produced from machine readable records for the purpose of subsection 4(3);
Clause
164: Relevant portion of subsection 77(1):
77. (1) The Governor in Council may make regulations
(a) prescribing limitations in respect of records that can be produced from machine readable
records for the purpose of subsection 4(3);
165. Schedule I to the Act is amended by
adding the following in alphabetical order under the heading "Other Government
Institutions":
Atomic Energy of Canada
Limited
Énergie atomique
du Canada, Limitée
Canada Post Corporation
Société
canadienne des postes
Canadian Broadcasting
Corporation
Société
Radio-Canada
Export Development Canada
Exportation et
développement Canada
National Arts Centre
Corporation
Corporation du
Centre national des Arts
Public Sector Pension Investment
Board
Office
d'investissement des régimes de pensions du secteur public
VIA Rail Canada Inc.
VIA Rail Canada
Inc.
166. Schedule I to the Act is amended by
adding the following in alphabetical order under the heading "Other Government
Institutions":
Canada Foundation for
Innovation
Fondation
canadienne pour l'innovation
Canada Foundation for Sustainable
Development Technology
Fondation du
Canada pour l'appui technologique au développement durable
Canada Millennium Scholarship
Foundation
Fondation
canadienne des bourses d'études du millénaire
167. Schedule I to the Act is amended by
adding the following in alphabetical order under the heading "Other Government
Institutions":
Office of the Auditor General of
Canada
Bureau du
vérificateur général du Canada
168. Schedule I to the Act is amended by
adding the following in alphabetical order under the heading "Other Government
Institutions":
Office of the Chief Electoral
Officer
Bureau du
directeur général des élections
169. Schedule I to the Act is amended by
adding the following in alphabetical order under the heading "Other Government
Institutions":
Office of the Commissioner of
Official Languages
Commissariat aux
langues officielles
170. Schedule I to the Act is amended by
adding the following in alphabetical order under the heading "Other Government
Institutions":
Office of the Information
Commissioner
Commissariat à
l'information
171. Schedule I to the Act is amended by
adding the following in alphabetical order under the heading "Other Government
Institutions":
Office of the Privacy
Commissioner
Commissariat à la
protection de la vie privée
172. Schedule II to the Act is amended by
adding, in alphabetical order, a reference to
Export Development
Act
Loi sur le
développement des exportations
and a corresponding reference to "section
24.3".
2000, c. 9
Canada Elections Act
Amendments to Act
173. Subsection 22(1) of the Canada Elections Act is amended by adding the following after paragraph (c):
(c.1)
persons designated pursuant to subsection 28(3.1);
Canada
Elections Act
Clause
173: Relevant portion of subsection 22(1):
22. (1) The following persons are election officers:
174. (1) Subsection 24(1) of the Act is
replaced by the following:
Appointment of returning
officers
24. (1) The
Chief Electoral Officer shall appoint a returning officer for each electoral district
in accordance with the process established under subsection (1.1) and may only remove him or her
in accordance with the procedure established under that subsection.
Qualifications
(1.1) The Chief Electoral Officer shall prescribe
the qualifications for the appointment of persons as returning officers, and shall establish a process for their
appointment on the basis of merit and a fair procedure for their removal on the grounds set out in subsection
(7).
Meaning of merit
(1.2) The appointment of a person as a returning
officer is made on the basis of merit if the Chief Electoral Officer is satisfied that the person meets the essential
qualifications for the work to be performed and has regard to
(a) any additional
qualifications that the Chief Electoral Officer considers to be an asset for the work to be performed; and
(b) any current or
future operational requirements.
Term of office
(1.3) A returning officer shall be appointed for a
term of ten years.
Reappointment
(1.4) The Chief Electoral Officer may, after
consultation with the leader of every recognized political party in the House of Commons, reappoint for another term
any returning officer whose term expires and who has performed the functions of a returning officer in a satisfactory
manner, whether or not other persons are considered for the appointment.
Continuation in office
(1.5) A returning officer may, with the approval of
the Chief Electoral Officer, continue in office after his or her term expires until he or she is reappointed or until
another person is appointed to the office.
Clause
174: (1) Existing text of subsection 24(1):
24. (1) The Governor in Council shall appoint a returning officer for each electoral district and may only remove him or
her for cause under subsection (7).
(2) Subsection
24(4) of the Act is replaced by the following:
Vacancy
(4) The office of returning officer does not become vacant unless the returning officer dies, resigns, is removed from
office, reaches the end of his or her term of office or ceases to reside in the electoral
district, or unless the boundaries of the electoral district are revised as
a result of a representation order made under section 25 of the Electoral Boundaries
Readjustment Act.
(2) Existing text of subsection
24(4):
(4) The office of a returning
officer is not vacant unless the returning officer dies, resigns, ceases to reside in the electoral district or is
removed from office or the boundaries of their electoral district are revised as a result of a representation order
made under section 25 of the Electoral Boundaries Readjustment Act.
(3) The portion
of subsection 24(7) of the Act before paragraph (a) is replaced by the
following:
Removal from office
(7) The Chief Electoral
Officer may remove from office any returning officer who
(3) Relevant portion of subsection
24(7):
(7) The Governor in Council may
remove from office any returning officer who
175. Section 25 of the Act is replaced by
the following:
List in Canada Gazette
25. Between the 1st and
20th days of January in each year, the Chief Electoral Officer shall publish a list in the Canada Gazette of the name, address and occupation of the returning officer for each
electoral district in Canada.
Clause
175: Existing text of section 25:
25. The name, address and occupation of each person appointed as a returning officer and the name of the electoral
district for which he or she is appointed shall be communicated as soon as practicable to the Chief Electoral Officer.
Between the 1st and 20th days of January in each year, the Chief Electoral Officer shall publish a list in the
Canada Gazette of the name, address
and occupation of the returning officer for each electoral district in Canada.
176. Subsections 28(2) to (4) of the Act
are replaced by the following:
Assistant returning officer to
act
(3) Subject to subsection
24(1.5), if a returning officer is absent or unable to act or if a
returning officer's office is vacant, the assistant returning officer shall act in place of the
returning officer.
Designated person to act
(3.1) If a returning officer and an assistant
returning officer are both absent or unable to act or if both their offices are vacant, the Chief Electoral Officer
shall designate a person to act in place of the returning officer.
Appointment within limited
period
(4) When the office of a
returning officer becomes vacant, the Chief Electoral Officer shall appoint
a new returning officer without delay.
Clause
176: Existing text of subsections 28(2) to (4):
(2) The Chief Electoral Officer
shall communicate any notification received under subsection (1) to the Minister.
(3) If a returning officer becomes
unable to act, the assistant returning officer shall act until the appointment of a new returning officer or until the
returning officer becomes able to act.
(4) Within 60 days after the date
on which the Chief Electoral Officer has been notified of a vacancy in the office of a returning officer or accepts the
resignation of a returning officer, the Governor in Council shall appoint a new returning officer.
177. Section 536 of the Act is replaced by
the following:
Report on returning officer
qualifications
535.2 Whenever the Chief
Electoral Officer, pursuant to subsection 24(1.1), prescribes the qualifications for the appointment of persons as
returning officers or establishes a process for their appointment or a procedure for their removal - or modifies those
qualifications, that process or that procedure in a significant manner - the Chief Electoral Officer shall report
accordingly to the Speaker of the House of Commons without delay.
Submission of report to House of
Commons
536. The Speaker of the
House of Commons shall submit a report received by him or her from the Chief Electoral Officer under section 534, 535
or 535.1 to the House of Commons without delay.
Clause
177: Existing text of section 536:
536. The Speaker of the House of Commons shall submit a report received by him or her from the Chief Electoral Officer
under section 534 or 535 to the House of Commons without delay.
Transitional
Provisions
Incumbent returning officers
178. (1) The term of office of a returning
officer who holds office immediately before the day on which this section comes into force expires on that
day.
No right to compensation
(2) No person has any right or claim to
receive compensation, damages, indemnity or any other form of relief from Her Majesty in right of Canada, or from any
servant or agent of Her Majesty, by reason of ceasing to hold office pursuant to subsection (1).
R.S., c. E-20; 2001, c. 33, s.
2(F)
Export Development Act
179. The Export Development Act is amended by adding the following after section 24.2:
Privileged information
24.3 (1) Subject to
subsection (2), all information obtained by the Corporation in relation to its customers is privileged and a director,
officer, employee or agent of, or adviser or consultant to, the Corporation must not knowingly communicate, disclose or
make available the information, or permit it to be communicated, disclosed or made available.
Authorized disclosure
(2) Privileged information may be communicated,
disclosed or made available
(a) for the
purpose of the administration or enforcement of this Act and legal proceedings related to it;
(b) for the
purpose of prosecuting an offence under this Act or any other Act of Parliament;
(c) to the
Minister of National Revenue solely for the purpose of administering or enforcing the Income Tax Act or the Excise Tax Act;
or
(d) with the
written consent of the person to whom the information relates.
Export
Development Act
Clause
179: New.
2004, c. 11
Library and Archives of Canada Act
180. The Library and Archives of Canada Act is amended by adding the following after section
15:
Public opinion research
15.1 Every department, as
defined in section 2 of the Financial Administration Act, shall, within six
months after the completion of any data collection done for the purposes of public opinion research carried out under a
contract at the request of the department and for the exclusive use of Her Majesty in right of Canada, send to the
Librarian and Archivist the written report referred to in subsection 40(2) of the Financial Administration Act.
Library and
Archives of Canada Act
Clause
180: New.
R.S., c. P-21
Privacy Act
181. The definitions "designated Minister" and "head" in section 3 of the Privacy Act are replaced by the following:
"designated Minister"
« ministre désigné »
"designated Minister" means a person who is designated as the Minister under subsection
3.1(1);
"head"
« responsable d'institution fédérale
»
"head", in respect of a
government institution, means
(a) in the case of
a department or ministry of state, the member of the Queen's Privy Council for Canada who
presides over the department or ministry, or
(b) in any other
case, either the person designated under subsection 3.1(2) to be the head
of the institution for the purposes of this Act or, if no such person is
designated, the chief executive officer of the institution, whatever their title;
Privacy
Act
Clause
181: Existing text of the definitions:
"designated
Minister", in relation to any provision of this Act, means such member of the Queen's
Privy Council for Canada as is designated by the Governor in Council as the Minister for the purposes of that
provision;
"head", in respect of a government institution, means
(a) in the case of a department or ministry of state, the member of the Queen's Privy
Council for Canada presiding over that institution, or
(b) in any other case, the person designated by order in council pursuant to this paragraph
and for the purposes of this Act to be the head of that institution;
182. The Act is amended by adding the
following after section 3:
DESIGNATION
Power to designate Minister
3.1 (1) The
Governor in Council may designate a member of the Queen's Privy Council for Canada to be the Minister for the purposes
of any provision of this Act.
Power to designate head
(2) The Governor in Council may, by order,
designate a person to be the head of a government institution, other than a department or ministry of state, for the
purposes of this Act.
Clause
182: New.
183. The Act is amended by adding the
following in numerical order:
Information obtained by Privacy
Commissioner
22.1 The Privacy
Commissioner shall refuse to disclose any record requested under this Act that contains information that was obtained
or created by or on behalf of the Commissioner in the course of an investigation conducted by the Commissioner or under
the Commissioner's authority.
Clause
183: New.
184. Subsection 46(2) of the Act is
replaced by the following:
Disclosure of offence
authorized
(2) The Court may disclose to the appropriate
authority information relating to the commission of an offence against a law of Canada or a
province by a director, an officer or an employee of a government
institution if, in the Court's opinion, there is evidence of such an
offence.
Clause
184: Existing text of subsection 46(2):
(2) The Court may disclose to the
appropriate authority information relating to the commission of an offence against any law of Canada or a province on
the part of any officer or employee of a government institution, if in the opinion of the Court there is evidence
thereof.
185. Subsection 58(2) of the French
version of the Act is replaced by the following:
Assistance technique
(2) Le Commissaire à la protection de la vie privée
peut retenir temporairement les services d'experts ou de spécialistes dont la compétence lui est utile dans l'exercice
des fonctions que lui confèrent la présente loi ou une autre loi fédérale; il peut fixer et
payer, avec l'approbation du Conseil du Trésor, leur rémunération et leurs frais.
Clause
185: Existing text of subsection 58(2):
(2) The Privacy Commissioner may
engage on a temporary basis the services of persons having technical or specialized knowledge of any matter relating to
the work of the Commissioner to advise and assist the Commissioner in the performance of the duties and functions of
the Commissioner under this Act or any other Act of Parliament and, with the approval of the Treasury Board, may fix
and pay the remuneration and expenses of such persons.
186. Subsection 64(2) of the Act is
replaced by the following:
Disclosure of offence
authorized
(2) The Privacy Commissioner may disclose to the
Attorney General of Canada information relating to the commission of an offence against a law of
Canada or a province by a director, an officer or an employee of a
government institution if, in the Commissioner's opinion, there is evidence of
such an offence.
Clause
186: Existing text of subsection 64(2):
(2) The Privacy Commissioner may
disclose to the Attorney General of Canada information relating to the commission of an offence against any law of
Canada or a province on the part of any officer or employee of a government institution if in the opinion of the
Commissioner there is evidence thereof.
187. The heading before section 69 of the
Act is replaced by the following:
EXCLUSIONS
Clause
187: Existing text of the heading:
GENERAL
188. The Act is amended by adding the
following after section 69:
Canadian Broadcasting
Corporation
69.1 This Act does not
apply to personal information that the Canadian Broadcasting Corporation collects, uses or discloses for journalistic,
artistic or literary purposes and does not collect, use or disclose for any other purpose.
Clause
188: New.
189. The Act is amended by adding the
following after section 70.1:
GENERAL
Clause
189: New.
190. The schedule to the Act is amended by
adding the following in alphabetical order under the heading "Other Government
Institutions":
Atomic Energy of Canada
Limited
Énergie atomique
du Canada, Limitée
Canadian Broadcasting
Corporation
Société
Radio-Canada
Public Sector Pension Investment
Board
Office
d'investissement des régimes de pensions du secteur public
VIA Rail Canada Inc.
VIA Rail Canada
Inc.
191. The schedule to the Act is amended by
adding the following in alphabetical order under the heading "Other Government
Institutions":
Canada Foundation for
Innovation
Fondation
canadienne pour l'innovation
Canada Foundation for Sustainable
Development Technology
Fondation du
Canada pour l'appui technologique au développement durable
Canada Millennium Scholarship
Foundation
Fondation
canadienne des bourses d'études du millénaire
192. The schedule to the Act is amended by
adding the following in alphabetical order under the heading "Other Government
Institutions":
Office of the Information
Commissioner
Commissariat à
l'information
193. The schedule to the Act is amended by
adding the following in alphabetical order under the heading "Other Government
Institutions":
Office of the Privacy
Commissioner
Commissariat à la
protection de la vie privée
2005, c. 46
Public Servants Disclosure Protection Act
Amendments to Act
194. (1) Section 2 of the Public Servants Disclosure Protection Act is renumbered as subsection 2(1).
(2) The
definition "Minister" in subsection 2(1) of the Act is replaced by the following:
"Minister"
« ministre »
"Minister" means, in
respect of sections 4, 5, 38.1 and 54, the Minister responsible for the Agency.
Public
Servants Disclosure Protection Act
Clause
194: (2) Existing text of the definition:
"Minister" means, in respect of sections 4, 5 and 54, the Minister responsible for the Public Service Human
Resources Management Agency of Canada.
(3) The portion
of the definition "reprisal" in subsection 2(1) of the Act before paragraph (a) is replaced by the following:
"reprisal"
« représailles »
"reprisal" means any of
the following measures taken against a public servant because the public servant has made a protected disclosure or
has, in good faith, cooperated in an investigation into a disclosure or an investigation commenced under
section 33:
(3) Relevant portion of the
definition:
"reprisal" means any of the following measures taken against a public servant because the public servant has made a
protected disclosure or has, in good faith, cooperated in an investigation carried out under this Act:
(4) Subsection
2(1) of the Act is amended by adding the following in alphabetical order:
"Agency"
« Agence »
"Agency" means the Public
Service Human Resources Management Agency of Canada.
"investigation"
« enquête »
"investigation" means,
for the purposes of sections 24, 25, 26 to 31, 33, 34, 36 and 37, an investigation into a disclosure and an
investigation commenced under section 33.
"Tribunal"
« Tribunal »
"Tribunal" means the
Public Servants Disclosure Protection Tribunal established under subsection 20.7(1).
(4) and (5) New.
(5) Section 2 of
the Act is amended by adding the following after subsection (1):
Taking a reprisal
(2) Every reference in this Act to a person who has
taken a reprisal includes a person who has directed the reprisal to be taken.
195. Section 2.1 of the Act is
repealed.
Clause
195: Existing text of section 2.1:
2.1 The Commissioner of the Royal Canadian Mounted Police may authorize a Deputy or Assistant Commissioner of the Royal
Canadian Mounted Police to exercise the powers or perform the duties and functions of the Commissioner of the Royal
Canadian Mounted Police as a chief executive in respect of any of paragraphs 22(g) and (h), subsections 26(1), 27(1) and (3), 28(1)
and 29(3) and sections 36 and 50.
196. Paragraph 3(a) of the Act is replaced by the following:
(a) Schedule
1 by adding the name of any Crown corporation or other public body;
Clause
196: Relevant portion of section 3:
3. The Governor in Council may, by order, amend
(a) Schedule 1 by adding or deleting the name of any Crown corporation or other public
body;
197. (1) Paragraph 8(a) of the Act is replaced by the following:
(a) a
contravention of any Act of Parliament or of the legislature of a province, or of any regulations made under any such
Act, other than a contravention of section 19 of this Act;
Clause
197: (1) and (2) Relevant portion of section 8:
8. This Act applies in respect of the following wrongdoings in or relating to the public sector:
(a) a contravention of any Act of Parliament or of the legislature of a province, or of any
regulations made under any such Act;
...
(f) the taking of a reprisal against a public servant; and
(2) Section 8 of
the Act is amended by adding the word "and" at the end of paragraph (e) and by
replacing paragraphs (f) and (g) with
the following:
(f)knowingly directing or counselling a person to commit a wrongdoing
set out in any of paragraphs (a) to (e).
198. Subsection 10(4) of the Act is
replaced by the following:
Exception
(4) Subsections (1) and (2) do not apply to a chief
executive if he or she declares, after giving notice to the Agency, that it is not practical to apply those subsections
given the size of that portion of the public sector.
Clause
198: Existing text of subsection 10(4):
(4) Subsections (1) and (2) do not
apply to a chief executive if he or she declares, after giving notice to the Public Service Human Resources Management
Agency of Canada, that it is not practical to apply those subsections given the size of that portion of the public
sector.
199. Section 11 of the Act is replaced by
the following:
Duty of chief executives
11. (1)Each chief executive must
(a) subject to
paragraph (c) and any other Act of
Parliament and to the principles of procedural fairness and natural justice, protect the identity of persons involved
in the disclosure process, including that of persons making disclosures, witnesses and persons alleged to be
responsible for wrongdoings;
(b) establish
procedures to ensure the confidentiality of information collected in relation to disclosures of wrongdoings;
and
(c) if wrongdoing
is found as a result of a disclosure made under section 12, promptly provide public access to information
that
(i) describes the wrongdoing, including information
that could identify the person found to have committed it if it is necessary to identify the person to adequately
describe the wrongdoing, and
(ii) sets out the recommendations, if any, set out
in any report made to the chief executive in relation to the wrongdoing and the corrective action, if any, taken by the
chief executive in relation to the wrongdoing or the reasons why no corrective action was taken.
Exception
(2) Nothing in paragraph (1)(c) requires a chief executive to provide public access to information the disclosure of
which is subject to any restriction created by or under any Act of Parliament.
Clause
199: Existing text of section 11:
11. Each chief executive must
(a) subject to any other Act of Parliament and to the principles of procedural fairness and
natural justice, protect the identity of persons involved in the disclosure process, including that of persons making
disclosures, witnesses and persons alleged to be responsible for wrongdoings; and
(b) establish procedures to ensure the confidentiality of information collected in relation
to disclosures of wrongdoings.
200. Subsection 13(1) of the Act is
replaced by the following:
Disclosure to the Commissioner
13. (1) A public
servant may disclose information referred to in section 12 to the Commissioner.
Clause
200: Existing text of subsection 13(1):
13. (1) A public servant may disclose information referred to in section 12 to the Commissioner if
(a) the public servant believes on reasonable grounds that it would not be appropriate to
disclose the information to his or her supervisor, or to the appropriate senior officer, by reason of the
subject-matter of the wrongdoing or the person alleged to have committed it;
(b) the public servant has already disclosed the information to his or her supervisor or to
the appropriate senior officer and is of the opinion that the matter has not been appropriately dealt with;
or
(c) the portion of the public sector in which the public servant is employed is subject to a
declaration made under subsection 10(4).
201. The heading before section 19 and
sections 19 to 21.1 of the Act are replaced by the following:
COMPLAINTS RELATING TO
REPRISALS
Prohibition Against Reprisals
Prohibition against reprisal
19. No person shall take
any reprisal against a public servant or direct that one be taken against a public
servant.
Complaints
Complaints
19.1 (1) A public
servant or a former public servant who has reasonable grounds for believing that a reprisal has been taken against him
or her may file with the Commissioner a complaint in a form acceptable to the Commissioner. The complaint may also be
filed by a person designated by the public servant or former public servant for the purpose.
Time for making complaint
(2) The complaint must be filed not later than 60
days after the day on which the complainant knew, or in the Commissioner's opinion ought to have known, that the
reprisal was taken.
Time extended
(3) The complaint may be filed after the period
referred to in subsection (2) if the Commissioner feels it is appropriate considering the circumstances of the
complaint.
Effect of filing
(4) Subject to subsection 19.4(4), the filing of a
complaint under subsection (1) precludes the complainant from commencing any procedure under any other Act of
Parliament or collective agreement in respect of the measure alleged to constitute the reprisal.
Exception - RCMP
(5) A member or former member of the Royal Canadian
Mounted Police may not make a complaint under subsection (1) in relation to any matter that is the subject of an
investigation or proceeding under Part IV or V of the Royal Canadian Mounted Police
Act or an investigation or proceeding relating to administrative discharge under the Royal Canadian Mounted Police Regulations, 1988 unless
(a) he or she has
exhausted every procedure available under that Act or those regulations for dealing with the matter; and
(b) the complaint
is filed within 60 days after those procedures have been exhausted.
Complaint in respect of past
disclosures
19.2 (1) A public servant who alleges that a reprisal was taken against him or her by reason that he or she, in
good faith, disclosed, after February 10, 2004 and before the day on which section 19.1 comes
into force, a wrongdoing in the course of a parliamentary proceeding or an inquiry under Part I of the Inquiries Act may file a complaint under that section in respect of
the reprisal.
Time limit
(2) The public servant may file the complaint within 60 days after the later of
(a) the day on
which section 19.1 comes into force, and
(b) the day on
which he or she knew or, in the opinion of the Commissioner, ought to have known that the
reprisal was taken.
Refusal to deal with complaint
19.3 (1) The
Commissioner may refuse to deal with a complaint if he or she is of the opinion that
(a) the
subject-matter of the complaint has been adequately dealt with, or could more appropriately be dealt with, according to
a procedure provided for under an Act of Parliament, other than this Act, or a collective agreement;
(b) if the
complainant is a member or former member of the Royal Canadian Mounted Police, the subject-matter of the complaint has
been adequately dealt with by the procedures referred to in subsection 19.1(5);
(c) the complaint
is beyond the jurisdiction of the Commissioner; or
(d) the complaint
was not made in good faith.
Restriction
(2) The Commissioner may not deal with a complaint
if a person or body acting under another Act of Parliament or a collective agreement is dealing with the subject-matter
of the complaint other than as a law enforcement authority.
Royal Canadian Mounted Police
Act
(3) For the purpose of subsection (2), a person or
body dealing with a matter in the course of an investigation or proceeding under the Royal Canadian Mounted Police Act is deemed not to be dealing with the matter as a law
enforcement authority.
No jurisdiction
(4) The Commissioner ceases to have jurisdiction to
deal with a complaint filed by a member or former member of the Royal Canadian Mounted Police if an application for
judicial review of any decision relating to the procedures referred to in subsection 19.1(5) is made by the
member.
Time limit
19.4 (1) The
Commissioner must decide whether or not to deal with a complaint within 15 days after it is filed.
Notice - decision to deal with
complaint
(2) If the Commissioner decides to deal with a
complaint, he or she must send a written notice of his or her decision to the complainant and to the person or entity
that has the authority to take disciplinary action against each person who participated in the taking of a measure
alleged by the complainant to constitute a reprisal.
Reasons - decision not to deal with
complaint
(3) If the Commissioner decides not to deal with a
complaint, he or she must send a written notice of his or her decision to the complainant and set out the reasons for
the decision.
Effect of not dealing with
complaint
(4) If the Commissioner decides not to deal with a
complaint and sends the complainant a written notice setting out the reasons for that decision,
(a) subsection
19.1(4) ceases to apply; and
(b) the period of
time that begins on the day on which the complaint was filed and ends on the day on which the notice is sent is not to
be included in the calculation of any time the complainant has to avail himself or herself of any procedure under any
other Act of Parliament or collective agreement in respect of the measure alleged to constitute the
reprisal.
Exception
(5) Subsection (4) does not apply if the
Commissioner has decided not to deal with the complaint for the reason that it was not made in good faith.
Disciplinary Action
Restriction on disciplinary
action
19.5 (1) If the
Commissioner decides to deal with a complaint and sends a written notice under subsection 19.4(2) and no disciplinary
action has yet been taken against a person by reason of that person's participation in the taking of a measure alleged
by the complainant to constitute a reprisal, no disciplinary action may be taken during the period referred to in
subsection (3) in relation to the person's participation in the taking of the measure.
Exception
(2) Subsection (1) does not apply in respect of
disciplinary action taken as a result of a settlement approved by the Commissioner or an order of the Tribunal.
Period during which no disciplinary action
may be taken
(3) For the purposes of subsection (1), the period
during which no disciplinary action may be taken is the period that begins on the day on which the Commissioner sends
the notice referred to in subsection 19.4(2) and ends on the earliest of
(a) the day on
which the complaint is withdrawn or dismissed,
(b) the day on
which the Commissioner makes an application to the Tribunal for an order referred to in paragraph 20.4(1)(a) in respect of the complaint, and
(c) in the case
where the Commissioner makes an application to the Tribunal for the orders referred to in paragraph
20.4(1)(b) in respect of the complaint, the day on which the Tribunal makes a
determination that the complainant was not subject to a reprisal taken by the person.
Period not to be included
(4) If a time limit is provided for under any Act
of Parliament or collective agreement for the taking of disciplinary action, the period during which disciplinary
action may not be taken against the person by reason of subsection (1) is not to be included in the calculation of the
prescribed time limit.
Application
(5) This section applies despite Part IV of the
Royal Canadian Mounted Police Act.
Suspension of disciplinary
action
19.6 (1) If the
Commissioner decides to deal with a complaint and sends a written notice under subsection 19.4(2) and disciplinary
action has already been taken against a person by reason of the person's participation in the taking of a measure
alleged by the complainant to constitute a reprisal
(a) the
implementation of the disciplinary action - and the commencement or continuation of any procedure in relation to the
disciplinary action by the person under any other Act of Parliament or collective agreement - is suspended for the
period referred to in subsection (3); and
(b) the
appropriate chief executive must take the measures necessary to put the person in the situation the person was in
before the disciplinary action was implemented.
Exception
(2) If the disciplinary action already taken
against a person by reason of the person's participation in the taking of a measure alleged by the complainant to
constitute a reprisal has been the subject of a decision of a court, tribunal or arbitrator dealing with it on the
merits, other than a decision made under the Royal Canadian Mounted Police
Act,
(a) subsection (1)
does not apply; and
(b) neither the
Commissioner nor the Tribunal may deal with the issue of disciplinary action against that person.
Period of suspension
(3) For the purposes of paragraph (1)(a), the suspension begins on the day on which the Commissioner sends the notice referred to
in subsection 19.4(2) and ends on the earliest of
(a) the day on
which the complaint is withdrawn or dismissed,
(b) the day on
which the Commissioner makes an application to the Tribunal for an order referred to in paragraph 20.4(1)(a) in respect of the complaint,
(c) in the case
where the Commissioner makes an application to the Tribunal for the orders referred to in paragraph
20.4(1)(b) in respect of the complaint, the day on which the Tribunal makes a
determination that the complainant was not subject to a reprisal taken by the person, and
(d) the day on
which the disciplinary action is taken as a result of a settlement approved by the Commissioner or an order of the
Tribunal.
Prior disciplinary action
cancelled
(4) Disciplinary action taken as a result of a
settlement approved by the Commissioner or an order of the Tribunal cancels any prior disciplinary action.
Application
(5) This section applies despite Part IV of the
Royal Canadian Mounted Police Act.
Investigations into Complaints
Designation of complaint
investigator
19.7 (1) The
Commissioner may designate a person as an investigator to investigate a complaint.
Informality
(2) Investigations into complaints are to be
conducted as informally and expeditiously as possible.
Notice to chief executive
19.8 (1) When
commencing an investigation, the investigator must notify the chief executive concerned and inform that chief executive
of the substance of the complaint to which the investigation relates.
Notice to others
(2) The investigator may also notify any other
person he or she considers appropriate, including every person whose conduct is called into question by the complaint,
and inform the person of the substance of the complaint.
Access
19.9 (1) If the
investigator so requests, chief executives and public servants must provide the investigator with any facilities,
assistance, information and access to their respective offices that the investigator may require for the purposes of
the investigation.
Insufficient cooperation
(2) If the investigator concludes that he or she is
unable to complete an investigation because of insufficient cooperation on the part of chief executives or public
servants, he or she must make a report to the Commissioner to that effect under section 20.3.
Conciliation
Recommendation - conciliation
20. (1) At any time
during the course of the investigation into a complaint the investigator may recommend to the Commissioner that a
conciliator be appointed to attempt to bring about a settlement.
Appointment of conciliator
(2) The Commissioner may appoint a person as a
conciliator for the purpose of attempting to bring about a settlement of the complaint.
Eligibility
(3) A person is not eligible to act as a
conciliator in respect of a complaint if that person has already acted as an investigator in respect of that
complaint.
Confidentiality
(4) Any information received by a conciliator in
the course of attempting to reach a settlement of a complaint is confidential and may not be disclosed except with the
consent of the person who gave the information.
Who may settle - remedy
20.1 (1) A
settlement that relates to the remedy to be provided to the complainant must be agreed to by the complainant and the
person with the authority to implement the remedy.
Who may settle - disciplinary
action
(2) A settlement that relates to the disciplinary
action, if any, that is to be imposed on a person identified by the investigator as being the person or one of the
persons who took the alleged reprisal must be agreed to by the person identified by the investigator and the person
with the authority to take the disciplinary action.
Referral of a settlement to
Commissioner
20.2 (1) The terms
of a settlement must be referred to the Commissioner for approval or rejection and the Commissioner must, without delay
after approving or rejecting them, so certify and notify the parties to the settlement.
Complaint dismissed
(2) If the Commissioner approves a settlement that
relates to the remedy to be provided to the complainant, the complaint to which it relates is dismissed.
Application barred
(3) If the Commissioner approves a settlement that
relates to disciplinary action, if any, that is to be imposed on a person, the Commissioner may not apply to the
Tribunal for an order referred to in paragraph 20.4(1)(b) in respect of the
person.
Enforcement of settlement
(4) A settlement approved by the Commissioner may,
for the purpose of enforcement, be made an order of the Federal Court on application to that Court by the Commissioner
or a party to the settlement.
Decision After Investigation
Investigator's report to
Commissioner
20.3 As soon as possible
after the conclusion of the investigation, the investigator must submit a report of his or her findings to the
Commissioner.
Application to Tribunal
20.4 (1) If, after
receipt of the report, the Commissioner is of the opinion that an application to the Tribunal in relation to the
complaint is warranted, the Commissioner may apply to the Tribunal for a determination of whether or not a reprisal was
taken against the complainant and, if the Tribunal determines that a reprisal was taken, for
(a) an order
respecting a remedy in favour of the complainant; or
(b) an order
respecting a remedy in favour of the complainant and an order respecting disciplinary action against any person or
persons identified by the Commissioner in the application as being the person or persons who took the
reprisal.
Exception
(2) The order respecting disciplinary action
referred in paragraph (1)(b) may not be applied for in relation to a complaint
the filing of which is permitted by section 19.2.
Factors
(3) In considering whether making an application to
the Tribunal is warranted, the Commissioner must take into account whether
(a) there are
reasonable grounds for believing that a reprisal was taken against the complainant;
(b) the
investigation into the complaint could not be completed because of lack of cooperation on the part of one or more chief
executives or public servants;
(c) the complaint
should be dismissed on any ground mentioned in paragraphs 19.3(1)(a) to
(d); and
(d) having regard
to all the circumstances relating to the complaint, it is in the public interest to make an application to the
Tribunal.
Dismissal of complaint
20.5 If, after receipt of
the report, the Commissioner is of the opinion that an application to the Tribunal is not warranted in the
circumstances, he or she must dismiss the complaint.
Notice
20.6 The Commissioner must
notify in writing each of the following of his or her action under section 20.4 or 20.5:
(a) the
complainant;
(b) if the
complainant is a public servant, the complainant's employer;
(c) if the
complainant is a former public servant, the person or entity who was the complainant's employer at the time the alleged
reprisal was taken;
(d) the person or
persons identified in the investigator's report as being the person or persons who may have taken the alleged
reprisal;
(e) the person or
entity with the authority to take disciplinary action against any person referred to in paragraph (d); and
(f) every person,
other than the complainant, or entity that was sent a notice under subsection 19.4(2) in respect of the
complaint.
Public
Servants Disclosure Protection Tribunal
Establishment
Establishment
20.7 (1) There is
established a tribunal to be known as the Public Servants Disclosure Protection Tribunal consisting of a Chairperson
and not less than two and not more than six other members to be appointed by the Governor in Council. All of the
members must be judges of the Federal Court or a superior court of a province.
Tenure
(2) Each member of the Tribunal is to be appointed
for a term of not more than seven years and holds office so long as he or she remains a judge.
Re-appointment
(3) A member of the Tribunal, on the expiration of
a first or any subsequent term of office, is eligible to be re-appointed for a further term.
Temporary members
(4) Subject to subsection (5), in addition to the
members appointed under subsection (1), any judge or former judge of the Federal Court of Canada or the Federal Court
or of a superior or district court of a province may, on the request of the Chairperson of the Tribunal made with the
approval of the Governor in Council, act as a temporary member of the Tribunal.
Consent required
(5) Except in relation to a former judge, no
request may be made under subsection (4)
(a) to a judge of
the Federal Court without the consent of the Chief Justice of that Court or of the Attorney General of Canada;
or
(b) to a judge of
a superior court of a province without the consent of the chief justice or chief judge of that court or of the attorney
general of the province.
Approval of requests by Governor in
Council
(6) The Governor in Council may approve the making
of requests under subsection (4) in general terms or for particular periods or purposes, and may limit the number of
persons who may act as temporary members of the Tribunal.
Remuneration of temporary
members
(7) Each temporary member of the Tribunal who is a
former judge is to be paid the remuneration determined by the Governor in Council.
Expenses
(8) Each member of the Tribunal and each temporary
member of the Tribunal is entitled to be paid the expenses fixed by the Governor in Council.
Acting after expiration of
appointment
(9) A member of the Tribunal whose appointment
expires may, with the approval of the Chairperson, conclude any hearing that the member has begun and he or she is
deemed to be a temporary member of the Tribunal for the purpose.
Administration
Registry
20.8 (1) There
shall be a Registry of the Tribunal consisting of an office in the National Capital Region described in the schedule to
the National Capital Act.
Registrar and other staff
(2) The registrar of the Tribunal and the other
officers and employees necessary for the proper conduct of the work of the Tribunal are to be appointed in accordance
with the Public Service Employment Act.
Technical experts
(3) If requested to do so by the Chairperson, the
registrar of the Tribunal may engage persons having technical or special knowledge to assist or advise members of the
Tribunal in any matter and may, with the approval of the Treasury Board, fix and pay their remuneration and reimburse
their expenses.
Sittings
20.9 The Tribunal may sit
at the times and at the places throughout Canada that it considers necessary or desirable for the proper conduct of its
business.
Proceedings
Conduct of proceedings
21. (1) Proceedings
before the Tribunal are to be conducted as informally and expeditiously as the requirements of natural justice and the
rules of procedure allow.
Tribunal rules of procedure
(2) The Chairperson of the Tribunal may make rules
of procedure governing the practice and procedure before the Tribunal, including, but not limited to, rules
governing
(a) the giving of
notices to parties;
(b) the addition
of parties and interested persons to the proceedings;
(c) the summoning
of witnesses;
(d) the production
and service of documents;
(e) discovery
proceedings; and
(f) pre-hearing
conferences.
RCMP
(3) The Chairperson must consult with the Royal
Canadian Mounted Police before making any rules and must ensure that the rules take that organization's security and
confidentiality needs into account.
Publication of proposed rules
(4) A copy of each rule that the Chairperson
proposes to make must be published in the Canada Gazette, and a reasonable
opportunity must be given to interested persons to make representations with respect to it.
Exception
(5) A proposed rule need not be published more than
once, whether or not it has been amended as a result of any representations.
Applications
by Commissioner
Assignment of member or
members
21.1 (1) On receipt
of an application made by the Commissioner under subsection 20.4(1) the Chairperson of the Tribunal must assign a
member of the Tribunal to deal with the application, but the Chairperson may assign a panel of three members if he or
she considers that the complexity of the matter requires that it be dealt with by three members. Every decision of the
member or panel is a decision of the Tribunal.
Chair of panel
(2) If a panel of three members has been assigned,
the Chairperson must designate one of them to chair the proceedings, but the Chairperson must chair the proceedings if
he or she is a member of the panel.
Powers
21.2 (1) The member
or panel may
(a) in the same
manner and to the same extent as a superior court of record, summon and enforce the attendance of witnesses and compel
them to give oral or written evidence on oath and to produce any documents and things that the member or panel
considers necessary for the full hearing and consideration of the application;
(b) administer
oaths;
(c) subject to
subsection (2), receive and accept any evidence and other information, whether on oath or by affidavit or otherwise,
that the member or panel sees fit, whether or not that evidence or information is or would be admissible in a court of
law;
(d) lengthen or
shorten any time limit established by the rules of procedure; and
(e) decide any
procedural or evidentiary question.
Conciliators as witnesses
(2) A conciliator appointed to settle the complaint
is not a competent or compellable witness at a hearing.
Witness fees
(3) Any person summoned to attend a hearing is
entitled, at the discretion of the member or panel, to receive the same fees and allowances as those paid to persons
summoned to attend before the Federal Court.
Hearing may be in camera
21.3 A hearing before the
Tribunal may be held in camera at the request of any party if the party
establishes to the satisfaction of the Tribunal that the circumstances of the case so require.
Determination - paragraph
20.4(1)(a)
21.4 (1) On
application made by the Commissioner for an order referred to in paragraph 20.4(1)(a) the Tribunal must determine whether the complainant has been subject to a reprisal and,
if it so determines, the Tribunal may make an order granting a remedy to the complainant.
Parties
(2) The parties in respect of the application are
the Commissioner and
(a) the
complainant;
(b) if the
complainant is a public servant, the complainant's employer; and
(c) if the
complainant is a former public servant, the person or entity who was the complainant's employer at the time the alleged
reprisal was taken.
Addition of party
(3) If the Tribunal is of the opinion that a person
who has been identified as being a person who may have taken the alleged reprisal may be directly affected by a
determination of the Tribunal, the Tribunal may add that person as a party.
Determination - paragraph
20.4(1)(b)
21.5 (1) On
application made by the Commissioner for the orders referred to in paragraph 20.4(1)(b) the Tribunal must determine whether the complainant has been subject to a reprisal and
whether the person or persons identified by the Commissioner in the application as having taken the alleged reprisal
actually took it. If it determines that a reprisal was taken, the Tribunal may, regardless of whether or not it has
determined that the reprisal was taken by the person or persons named in the application, make an order granting a
remedy to the complainant.
Parties
(2) The parties in respect of proceedings held for
the purpose of subsection (1) are the Commissioner and
(a) the
complainant;
(b) if the
complainant is a public servant, the complainant's employer;
(c) if the
complainant is a former public servant, the person or entity who was the complainant's employer at the time the alleged
reprisal was taken; and
(d) the person or
persons identified in the application as being the person or persons who may have taken the alleged
reprisal.
Reasons
(3) The Tribunal must issue written reasons for its
decisions under subsection (1) as soon as possible.
Order respecting disciplinary
action
(4) After issuing the reasons under subsection (3),
the Tribunal may make an order respecting the disciplinary action to be taken against any person who was determined by
it to have taken the reprisal.
Parties
(5) The parties in respect of proceedings held for
the purpose of subsection (4) are the Commissioner, the person against whom the disciplinary action would be taken and,
for the purpose of making submissions regarding disciplinary action on behalf of the person or entity who would be
required to implement the order if it were made, any person designated by the Tribunal.
Rights of parties
21.6 (1) Every
party must be given a full and ample opportunity to participate at any proceedings before the Tribunal - including, but
not limited to, by appearing at any hearing, by presenting evidence and by making representations - and to be assisted
or represented by counsel, or by any person, for that purpose.
Duty of Commissioner
(2) The Commissioner must, in proceedings before
the Tribunal, adopt the position that, in his or her opinion, is in the public interest having regard to the nature of
the complaint.
Limitation - proceedings relating to
remedy
(3) With respect to the portions of proceedings
that relate solely to the remedy, if any, to be ordered in favour of the complainant, the Tribunal may, despite
subsection (1), limit the participation of any person or persons identified as being the person or persons who may have
taken the alleged reprisal.
Remedies
21.7 (1) To provide
an appropriate remedy to the complainant, the Tribunal may, by order, require the employer or the appropriate chief
executive, or any person acting on their behalf, to take all necessary measures to
(a) permit the
complainant to return to his or her duties;
(b) reinstate the
complainant or pay compensation to the complainant in lieu of reinstatement if, in the Tribunal's opinion, the
relationship of trust between the parties cannot be restored;
(c) pay to the
complainant compensation in an amount not greater than the amount that, in the Tribunal's opinion, is equivalent to the
remuneration that would, but for the reprisal, have been paid to the complainant;
(d) rescind any
measure or action, including any disciplinary action, and pay compensation to the complainant in an amount not greater
than the amount that, in the Tribunal's opinion, is equivalent to any financial or other penalty imposed on the
complainant;
(e) pay to the
complainant an amount equal to any expenses and any other financial losses incurred by the complainant as a direct
result of the reprisal; or
(f) compensate the
complainant, by an amount of not more than $10,000, for any pain and suffering that the complainant experienced as a
result of the reprisal.
Royal Canadian Mounted Police
Act
(2) The Tribunal may make an order under subsection
(1) in relation to a member of the Royal Canadian Mounted Police despite subsections 42(4) and (6), 45.16(7) and
45.26(6) of the Royal Canadian Mounted Police Act.
Disciplinary action
21.8 (1) The
Tribunal may, by order, require the Governor in Council, the employer or the appropriate chief executive, or any person
acting on their behalf, to take all necessary measures to take the disciplinary action, including termination of
employment or revocation of appointment, specified by the Tribunal against any person named in the application who was
determined by it to have taken the reprisal.
Factors
(2) In making the order the Tribunal must take into
account the factors ordinarily considered by employers when they discipline their employees, including, but not limited
to,
(a) the gravity of
the reprisal;
(b) the level of
responsibility inherent in the position that the person occupies;
(c) the person's
previous employment record;
(d) whether the
reprisal was an isolated incident;
(e) the person's
rehabilitative potential; and
(f) the deterrent
effect of the disciplinary action.
Additional factors
(3) In making the order the Tribunal must also take
into account
(a) the extent to
which the nature of the reprisal discourages the disclosure of wrongdoing under this Act; and
(b) the extent to
which inadequate disciplinary action in relation to the reprisal would have an adverse effect on confidence in public
institutions.
Grievance precluded
(4) The person against whom disciplinary action is
taken as a result of an order made under subsection (1) may not initiate a grievance or other similar procedure under
an Act of Parliament or a collective agreement in respect of the disciplinary action.
Restriction - RCMP
(5) The disciplinary action that the Tribunal may
order with respect to a member of the Royal Canadian Mounted Police is limited to a disciplinary action referred to in
subsection 41(1), or a sanction referred to in subsection 45.12(3), of the Royal
Canadian Mounted Police Act, or any combination of them.
Royal Canadian Mounted Police
Act
(6) The Tribunal may make an order under subsection
(1) in relation to a member of the Royal Canadian Mounted Police despite subsections 42(4) and (6), 45.16(7) and
45.26(6) of the Royal Canadian Mounted Police Act.
Royal Canadian Mounted Police
Act
(7) An order made under subsection (1) in relation
to a member of the Royal Canadian Mounted Police may be implemented by the Governor in Council or Commissioner of the
Royal Canadian Mounted Police despite subsection 12(2) and Part IV of the Royal
Canadian Mounted Police Act.
Filing of orders in Federal
Court
21.9 (1) The
Commissioner must, on the request in writing of any person or employer affected by any order of the Tribunal, file a
certified copy of the order, exclusive of the reasons for the order, in the Federal Court, unless, in his or her
opinion,
(a) there is no
indication of failure or likelihood of failure to comply with the order; or
(b) there is other
good reason why the filing of the order in the Federal Court would serve no useful purpose.
Effect of filing
(2) An order of the Tribunal becomes an order of
the Federal Court when a certified copy of the order is filed in that court, and it may subsequently be enforced as
such.
Clause
201: Existing text of the heading and sections 19 to 21.1:
PROTECTION OF
PERSONS MAKING DISCLOSURES
19. No person shall take any reprisal against a public servant.
20. (1) In this section and section 21, "Board" means,
(a) in relation to a public servant who is employed in the Public Service Labour Relations
Board or a person whose complaint relates to a reprisal taken while he or she was so employed, the Canada Industrial
Relations Board;
(b) in relation to any other public servant who is employed in any portion of the public
sector referred to in Schedule I to the Public Service Staff
Relations Act or a person whose complaint relates to a reprisal taken while he or she
was so employed, the Public Service Staff Relations Board; and
(c) in relation to any other public servant, the Canada Industrial Relations
Board.
(2) Subject to
subsection (2.1), a public servant, or former public servant, or a person designated by a public servant or former
public servant for the purpose, who alleges that a person has taken a reprisal against the public servant may make a
complaint in writing to the Board in respect of the reprisal.
(2.1) A member
of the Royal Canadian Mounted Police may not make a complaint under subsection (2) in relation to any matter that is
the subject of an investigation or proceeding under Part IV or V of the Royal Canadian Mounted Police Act unless
(a) the member has exhausted every procedure available under that Act for dealing with the
matter; and
(b) the member has been granted leave by the Board to make the complaint.
(2.2) The Board
may grant the leave only if
(a) the application for leave is made within 60 days after the procedures referred to in
paragraph (2.1)(a) have been exhausted; and
(b) the Board is of the opinion that the issue of reprisal was not adequately dealt with by
those procedures.
(2.3) The Board
ceases to have jurisdiction if an application for judicial review of any decision relating to the procedures referred
to in paragraph (2.1)(a) is made by the member.
(3) Subject to
subsection (3.1), the complaint must be made to the Board not later than
(a) 60 days after the date on which the complainant knew, or in the Board's opinion ought to
have known, that the reprisal was taken;
(b) if the complainant has made a disclosure to the Commissioner in respect of the reprisal
during the 60-day period referred to in paragraph (a) and the Commissioner has
decided to deal with the disclosure, 60 days after the Commissioner reports his or her findings to the complainant and
the appropriate chief executive; or
(c) if the complainant is a member of the Royal Canadian Mounted Police and the complaint is
in relation to a matter referred to in subsection (2.1), 60 days after the member was granted leave.
(3.1) The
complaint may be made after the periods referred to in subsection (3) if the Board feels it is appropriate considering
the circumstances of the complaint.
(4) Despite any
law or agreement to the contrary, a complaint made under this section may not be referred by a public servant to
arbitration or adjudication.
(5) On receipt
of a complaint, the Board may assist the parties to the complaint to settle the complaint. The Board must hear and
determine the complaint if it decides not to so assist the parties or the complaint is not settled within a period
considered by the Board to be reasonable in the circumstances.
(6) If the Board
determines that the complainant has been subject to a reprisal taken in contravention of section 19, the Board may, by
order, require the employer or the appropriate chief executive, or any person acting on behalf of the employer or
appropriate chief executive, to take all necessary measures to
(a) permit the complainant to return to his or her duties;
(b) reinstate the complainant or pay damages to the complainant in lieu of reinstatement if,
in the Board's opinion, the relationship of trust between the parties cannot be restored;
(c) pay to the complainant compensation in an amount not greater than the amount that, in
the Board's opinion, is equivalent to the remuneration that would, but for the reprisal, have been paid to the
complainant;
(d) rescind any measure or action, including any disciplinary action, and pay compensation
to the complainant in an amount not greater than the amount that, in the Board's opinion, is equivalent to any
financial or other penalty imposed on the complainant; and
(e) pay to the complainant an amount equal to any expenses and any other financial losses
incurred by the complainant as a direct result of the reprisal.
(6.1) The Board
may make an order in relation to a member of the Royal Canadian Mounted Police despite subsections 42(4) and (6),
45.16(7) and 45.26(6) of the Royal Canadian Mounted Police
Act.
(7) The
Commissioner has standing in any proceedings under this section for the purpose of making submissions.
20.1 (1) After having consulted with the Royal Canadian Mounted Police and taken its security and confidentiality needs
into account, the Public Service Labour Relations Board shall establish procedures for the processing and hearing of
complaints relating to reprisals involving that organization.
(2) A complaint
relating to a reprisal involving the Royal Canadian Mounted Police shall not be heard or determined by any person other
than a full-time member of the Public Service Labour Relations Board.
21. (1) A public servant who alleges that a reprisal was taken against him or her by reason that he or she, in good
faith, disclosed a wrongdoing in the course of a parliamentary proceeding or an inquiry under Part I of the
Inquiries Act - after February 10,
2004 and before the day on which section 20 comes into force - may make a complaint under that section in respect of
the reprisal.
(2) The public
servant may make the complaint within 60 days after the later of
(a) the day on which section 20 comes into force, and
(b) the day on which he or she knew or, in the opinion of the Board, ought to have known
that the reprisal was taken.
21.1 (1) A chief executive may temporarily assign other duties to a public servant who is involved in a disclosure or a
complaint in respect of a reprisal if the chief executive believes on reasonable grounds that the public servant's
involvement has become known in the public servant's workplace and that the temporary assignment is necessary to
maintain the effective operation of the workplace.
(2) For the
purposes of this section, the public servants involved in a disclosure or a complaint in respect of a reprisal
are
(a) the public servant who made the disclosure and every public servant who is the subject
of the disclosure;
(b) the public servant who filed the complaint and every public servant who is alleged to
have taken the reprisal to which the complaint relates; and
(c) every public servant who is a witness or potential witness in the investigation, if any,
relating to the disclosure or in any proceeding dealing with the complaint.
(3) The
assignment may be for a period of up to three months, but the chief executive may renew the assignment one or more
times if he or she believes that the conditions giving rise to it continue to exist on the expiry of a previous
period.
(4) Subject to
subsection (6), the duties that may be assigned must be in the same portion of the public sector in which the public
servant is employed and must be comparable to the public servant's normal duties.
(5) Subsection
(1) applies to a public servant who made a disclosure under this Act, or who is a witness or potential witness in any
investigation relating to the disclosure or in any proceeding dealing with a complaint in respect of a reprisal, only
if the public servant consents in writing to the assignment. The assignment is deemed not to be a reprisal if the
public servant's consent is given.
(6) The public
servant may be temporarily assigned duties in another portion of the public sector if both the chief executive of that
other portion and the public servant consent to the assignment and the duties are comparable to the public servant's
normal duties. The assignment is deemed not to be a reprisal if the public servant's consent is given.
202. (1) Paragraph 22(a) of the Act is replaced by the following:
(a) provide
information and advice regarding the making of disclosures under this Act and the
conduct of investigations by the Commissioner;
Clause
202: (1) and (2) Relevant portion of section 22:
22. The duties of the Commissioner under this Act are to
(a) provide advice to public servants who are considering making a disclosure under this
Act;
...
(g) review the results of investigations and report his or her findings to the persons who
made the disclosures and to the appropriate chief executives; and
(h) make recommendations to chief executives concerning the measures to be taken to correct
wrongdoings and review reports on measures taken by chief executives in response to those recommendations.
(2) Paragraphs
22(g) and (h) of the Act are replaced
by the following:
(g) review
the results of investigations into disclosures and those commenced under section 33 and report
his or her findings to the persons who made the disclosures and to the appropriate chief executives;
(h) make
recommendations to chief executives concerning the measures to be taken to correct wrongdoings and review reports on
measures taken by chief executives in response to those recommendations; and
(i) receive,
review, investigate and otherwise deal with complaints made in respect of reprisals.
203. Sections 24 and 25 of the Act are
replaced by the following:
Right to refuse
24. (1) The
Commissioner may refuse to deal with a disclosure or to commence an investigation - and he or she
may cease an investigation - if he or she is of the opinion that
(a) the
subject-matter of the disclosure or the investigation has been adequately dealt with, or could
more appropriately be dealt with, according to a procedure provided for under another Act of Parliament;
(b) the
subject-matter of the disclosure or the investigation is not sufficiently important;
(c) the disclosure
was not made in good faith or the information that led to the investigation under section 33 was not provided in good
faith;
(d)the length of time that has elapsed since the
date when the subject-matter of the disclosure or the investigation arose is such that dealing
with it would serve no useful purpose;
(e)the subject-matter of the disclosure
or the investigation relates to a matter that results from a balanced and informed
decision-making process on a public policy issue; or
(f)there is a valid reason for not dealing with the subject-matter of the disclosure or the investigation.
Adjudicative decisions
(2) The Commissioner must refuse to deal with a
disclosure or to commence an investigation if he or she is of the opinion that the subject-matter
of the disclosure or the investigation relates solely to a decision that was made in the exercise
of an adjudicative function under an Act of Parliament, including a decision of the Commissioner of the Royal Canadian
Mounted Police under Part IV or V of the Royal Canadian Mounted Police
Act.
Notice of refusal
(3) If the Commissioner refuses to deal with a
disclosure or to commence an investigation, he or she must inform the person who made the
disclosure, or who provided the information referred to in section 33, as the case may be, and
give reasons why he or she did so.
Delegation
25. (1) The
Commissioner may delegate to any employee in the Office of the Public Sector Integrity
Commissioner any of his or her powers and duties under this Act, except
(a) the power to
delegate under this section;
(b) the power to
decide not to deal with a complaint filed under subsection 19.1(1);
(c) the power in
section 20.2 to approve or reject a settlement;
(d) the power in
section 20.4 to apply to the Tribunal;
(e) the power in
section 20.5 to dismiss a complaint;
(f)the duties in paragraphs 22(g) and (h) to review the result of investigations,
to report findings and to make recommendations;
(g)the power in section 24 to refuse to deal with a disclosure
or to commence an investigation, the power in that section to cease an investigation and the duty
in that section to provide reasons;
(h)the power to issue, in the exercise of any powers referred to in
subsection 29(1), a subpoena or other request or summons to appear before the Commissioner or a person appointed to
conduct an investigation;
(i)the power in section 33 to commence another
investigation;
(j)the power in section 34 to refer a matter to another
authority;
(k)the power in subsection 35(1) to remit information;
(l)the duty or power in any of sections 36 to 38 in relation to making
a report; and
(m) the power to
make a financial award under section 53.1.
Restriction concerning certain
investigations
(2) The Commissioner may not delegate the conduct
of an investigation that involves or may involve information relating to international relations,
national defence, national security or the detection, prevention or suppression of criminal, subversive or hostile
activities, except to one of a maximum of four officers or employees of the Office of the Public Sector Integrity
Commissioner specifically designated by the Commissioner for the purpose of conducting those investigations.
Access to legal advice
25.1 (1) The
Commissioner may provide access to legal advice to
(a) any public
servant who is considering making a disclosure of wrongdoing under this Act;
(b) any person who
is not a public servant who is considering providing information to the Commissioner in relation to any act or omission
that may constitute a wrongdoing under this Act;
(c) any public
servant who has made a disclosure under this Act;
(d) any person who
is or has been involved in any investigation conducted by a senior officer or by or on behalf of the Commissioner under
this Act;
(e) any public
servant who is considering making a complaint under this Act regarding an alleged reprisal taken against him or her;
or
(f) any person who
is or has been involved in a proceeding under this Act regarding an alleged reprisal.
Condition
(2) The Commissioner may provide the access to
legal advice only if the public servant or person satisfies the Commissioner that they do not have other access to
legal advice at no cost to them.
Additional condition
(3) In addition to the condition referred to in
subsection (2), the Commissioner may provide access to legal advice to a public servant referred to in paragraph
(1)(a) or a person referred to in paragraph (1)(b) only if the Commissioner is of the opinion that the act or omission to which the
disclosure or the information relates, as the case may be, likely constitutes a wrongdoing under this Act and that the
disclosure or the provision of the information is likely to lead to an investigation being conducted under this
Act.
Maximum payment
(4) The maximum amount that may be paid by the
Commissioner under this section for legal advice provided or to be provided to any particular public servant or person
in relation to any particular act or omission that may constitute a wrongdoing or reprisal is $1,500.
Maximum value
(5) If, for the purpose of this section, the
Commissioner chooses to provide access to legal advice to any particular public servant or person in relation to a
particular act or omission that may constitute a wrongdoing or reprisal through legal counsel employed in his or her
office, the monetary value of the time spent by them in providing the legal advice may not be more than $1,500.
Deemed amount
(6) If the Commissioner is of the opinion that
there are exceptional circumstances, the maximum amount provided for in subsections (4) and (5) is deemed to be
$3,000.
Factors
(7) In determining the amount to be paid for legal
advice, or the monetary value of the time to be spent providing it, as the case may be, the Commissioner must take into
account
(a) the degree to
which the public interest may be affected by the subject-matter of the disclosure or the information provided;
and
(b) the degree to
which the public servant or person seeking the legal advice may be adversely affected as a result of his or her
involvement in making the disclosure, providing the information, making the complaint or participating in the
investigation or the proceeding, as the case may be.
Grants and contributions
(8) For the purpose of providing access to legal
advice under this section, the Commissioner may make grants or contributions in accordance with terms and conditions
approved by the Treasury Board.
Solicitor-client basis
(9) The relationship between the public servant or
person to whom access to legal advice is provided under this section and the legal counsel providing the advice is that
of solicitor and client.
Clause
203: Existing text of sections 24 and 25:
24. (1) The Commissioner may refuse to deal with a disclosure or cease an investigation if he or she is of the opinion
that
(a) the subject-matter of the disclosure is one that could more appropriately be dealt with,
initially or completely, according to a procedure provided for under another Act of Parliament;
(b) the subject-matter of the disclosure is not sufficiently important or the disclosure is
not made in good faith;
(c) the length of time that has elapsed between the date when the subject-matter of the
disclosure arose and the date when the disclosure was made is such that dealing with the disclosure would serve no
useful purpose;
(d) the disclosure relates to a matter that results from a balanced and informed
decision-making process on a public policy issue; or
(e) there is a valid reason for not dealing with the disclosure.
(2) The
Commissioner must refuse to deal with a disclosure or must cease an investigation if he or she is of the opinion that
the subject-matter of the disclosure relates solely to a decision that was made in the exercise of an adjudicative
function under an Act of Parliament, including a decision of the Commissioner of the Royal Canadian Mounted Police
under Part IV or V of the Royal Canadian Mounted Police
Act.
(3) If the
Commissioner refuses to deal with a disclosure or ceases an investigation under this Act, he or she must inform the
person who made the disclosure and give reasons why he or she did so.
25. (1) The Commissioner may delegate to any employee of the Office of the Public Sector Integrity Commissioner any of
his or her powers and duties under this Act, except
(a) the power to delegate under this section;
(b) the duties in paragraphs 22(g) and (h) to review the result of investigations, to report findings and to make
recommendations;
(c) the power in section 24 to refuse to deal with a disclosure and the duty in that section
to provide reasons for the refusal;
(d) the power to issue, in the exercise of any powers referred to in subsection 29(1), a
subpoena or other request or summons to appear before the Commissioner or a person appointed to conduct an
investigation;
(e) the power in section 33 to commence another investigation;
(f) the power in section 34 to refer a matter to another authority;
(g) the power in subsection 35(1) to remit information; and
(h) the duty or power in any of sections 36 to 38 in relation to making a
report.
(2) The
Commissioner may not delegate the conduct of any investigation that involves or may involve information relating to
international relations, national defence, national security or the detection, prevention or suppression of criminal,
subversive or hostile activities, except to one of a maximum of four officers or employees of the Office of the Public
Sector Integrity Commissioner specifically designated by the Commissioner for the purpose of conducting those
investigations.
204. Subsection 26(1) of the Act is
replaced by the following:
Purpose of investigations
26. (1)
Investigations into disclosures and investigations commenced under section 33 are for the purpose
of bringing the existence of wrongdoings to the attention of chief executives and making recommendations concerning
corrective measures to be taken by them.
Clause
204: Existing text of subsection 26(1):
26. (1) Investigations under this Act are for the purpose of bringing the existence of wrongdoings to the attention of
chief executives and making recommendations concerning corrective measures to be taken by them.
205. (1) Subsection 27(1) of the English
version of the Act is replaced by the following:
Notice to chief executive
27. (1) When
commencing an investigation, the Commissioner must notify the chief executive concerned and inform that chief executive
of the substance of the disclosure to which the investigation relates.
Clause
205 (1): Existing text of subsection 27(1):
27. (1) When commencing an investigation under this Act, the Commissioner must notify the chief executive concerned and
inform that chief executive of the substance of the disclosure to which the investigation relates.
(2) Subsection
27(3) of the English version of the Act is replaced by the following:
Opportunity to answer
allegations
(3) It is not necessary for the Commissioner to
hold any hearing and no person is entitled as of right to be heard by the Commissioner, but if at any time during the
course of an investigation it appears to the Commissioner that there may be sufficient grounds to make a report or
recommendation that may adversely affect any individual or any portion of the public sector, the Commissioner must,
before completing the investigation, take every reasonable measure to give to that individual or the chief executive
responsible for that portion of the public sector a full and ample opportunity to answer any allegation, and to be
assisted or represented by counsel, or by any person, for that purpose.
(2) Existing text of subsection
27(3):
(3) It is not necessary for the
Commissioner to hold any hearing and no person is entitled as of right to be heard by the Commissioner, but if at any
time during the course of an investigation under this Act it appears to the Commissioner that there may be sufficient
grounds to make a report or recommendation that may adversely affect any individual or any portion of the public
sector, the Commissioner must, before completing the investigation, take every reasonable measure to give to that
individual or the chief executive responsible for that portion of the public sector a full and ample opportunity to
answer any allegation, and to be assisted or represented by counsel, or by any person, for that purpose.
206. Subsection 28(1) of the Act is
replaced by the following:
Access
28. (1) If the
Commissioner so requests for the purposes of an investigation, chief executives and public
servants must provide him or her, or the person conducting the investigation, with any
facilities, assistance, information and access to their respective offices that the Commissioner may require.
Clause
206: Existing text of subsection 28(1):
28. (1) If the Commissioner so requests, chief executives and public servants must provide him or her, or the person
conducting an investigation, with any facilities, assistance, information and access to their respective offices that
the Commissioner may require for the carrying out of his or her duties under this Act.
207. Subsection 29(1) of the Act is
replaced by the following:
Powers
29. (1) In
conducting an investigation, the Commissioner has all the powers of a commissioner under Part II
of the Inquiries Act.
Clause
207: Existing text of subsection 29(1):
29. (1) In conducting any investigation under this Act, the Commissioner has all the powers of a commissioner under Part
II of the Inquiries Act.
208. Section 36 of the English version of
the Act is replaced by the following:
Request for notice of action
36. In making a report to
a chief executive in respect of an investigation, the Commissioner may, if he or she considers it appropriate to do so,
request that the chief executive provide the Commissioner, within a time specified in the report, with notice of any
action taken or proposed to be taken to implement the recommendations contained in the report or reasons why no such
action has been or is proposed to be taken.
Clause
208: Existing text of section 36:
36. In making a report to a chief executive in respect of an investigation under this Act, the Commissioner may, if he
or she considers it appropriate to do so, request that the chief executive provide the Commissioner, within a time
specified in the report, with notice of any action taken or proposed to be taken to implement the recommendations
contained in the report or reasons why no such action has been or is proposed to be taken.
209. The portion of section 37 of the Act
before paragraph (a) is replaced by the following:
Report to appropriate Minister or governing
council
37. If the Commissioner
considers it necessary, he or she may report any matter that arises out of an
investigation to the Minister responsible for the portion of the public sector concerned or, if the matter
relates to a Crown corporation, to its board or governing council, including, but not limited to, when the Commissioner
is of the opinion that
Clause
209: Relevant portion of section 37:
37. If the Commissioner considers it necessary, he or she may report a matter to the Minister responsible for the
portion of the public sector concerned or, if the matter relates to a Crown corporation, to its board or governing
council, including, but not limited to, when the Commissioner is of the opinion that
210. (1) Paragraph 38(2)(b) of the Act is replaced by the following:
(b) the
number of disclosures received and complaints made in relation to reprisals, and the number of
them that were acted on and those that were not acted on;
Clause
210: (1) and (2) Relevant portion of subsection 38(2):
(2) The annual report must set
out
...
(b) the number of disclosures received and the number of those that were acted on and those
that were not acted on;
(2) Subsection
38(2) of the Act is amended by adding the following after paragraph (d):
(d.1) in
relation to complaints made in relation to reprisals, the number of settlements, applications to the Tribunal and
decisions to dismiss them;
(3) Section 38
of the Act is amended by adding the following after subsection (3):
Case report
(3.1) If the Commissioner makes a report to a chief
executive in respect of an investigation into a disclosure or an investigation commenced under section 33 and there is
a finding of wrongdoing in the report, the Commissioner must, within 60 days after making the report, make a case
report to Parliament setting out
(a) the finding of
wrongdoing;
(b) the
recommendations, if any, set out in the report made to the chief executive;
(c) the time, if
any, that was specified in the report to the chief executive for the chief executive to provide the notice referred to
in section 36;
(d) the
Commissioner's opinion as to whether the chief executive's response to the report to the chief executive, up to that
point in time, is satisfactory; and
(e) the chief
executive's written comments, if any.
Opportunity to make
representations
(3.2) Before making a case report, the Commissioner
must provide the chief executive with a reasonable opportunity to make written comments.
(3) New.
211. The Act is amended by adding the
following after section 38:
Report to Agency - disclosures under
section 12
38.1 (1) Within 60
days after the end of each financial year, each chief executive must prepare and submit to the Agency a report for that
financial year on the activities, in the portion of the public sector for which the chief executive is responsible,
respecting disclosures made under section 12.
Report to Minister - disclosures under
section 12
(2) Within six months after the end of each
financial year, the President of the Agency must prepare and submit to the Minister a report for that financial year
that provides an overview of the activities, throughout the public sector, respecting disclosures made under section
12.
Content
(3) The report under subsection (2) must set
out
(a) the number of
general inquiries relating to this Act;
(b) the number of
disclosures received, the number of those that were acted on and the number of those that were not acted
on;
(c) the number of
investigations commenced as a result of disclosures made under section 12;
(d) whether there
are any systemic problems that give rise to wrongdoings; and
(e) any other
matter that the President of the Agency considers necessary.
Report to Parliament
(4) The Minister must cause the report to be laid
before each House of Parliament on any of the first 15 days on which that House is sitting after the Minister receives
the report.
Clause
211: New.
212. Subsection 39.3(1) of the Act is
replaced by the following:
Staff
39.3 (1)
The Deputy Commissioner and the officers and employees that are necessary to enable the
Commissioner to perform his or her duties and functions are to be appointed in accordance with the Public Service Employment Act.
Duties and powers of Deputy
Commissioner
(1.1) The Deputy Commissioner exercises any of the
powers and performs any of the duties and functions that the Commissioner assigns, other than the duty or power in
section 38 to make a report.
Clause
212: Existing text of subsection 39.3(1):
39.3 (1) The officers and employees that are necessary to enable the Commissioner to perform his or her duties and
functions are to be appointed in accordance with the Public
Service Employment Act.
213. The heading before section 40 of the
Act is replaced by the following:
PROHIBITIONS
General Prohibitions
Clause
213: Existing text of the heading:
PROHIBITIONS
214. Section 40 of the English version of
the Act is replaced by the following:
False statements
40. No person shall, in a
disclosure of a wrongdoing or in the course of any investigation under this Act, knowingly make a false or misleading
statement, either orally or in writing, to a supervisor, a senior officer, the Commissioner or a person acting on
behalf of or under the direction of any of them.
Clause
214: Existing text of section 40:
40. No person shall, in a disclosure of a wrongdoing or in the course of any investigation under this Act of a
wrongdoing, knowingly make a false or misleading statement, either orally or in writing, to a supervisor, a senior
officer, the Commissioner or a person acting on behalf of or under the direction of any of them.
215. The Act is amended by adding the
following after section 42:
Employers
Prohibition - employer
42.1 (1) No
employer shall take any of the following measures against an employee by reason only that the employee has, in good
faith and on the basis of reasonable belief, provided information concerning an alleged wrongdoing in the public sector
to the Commissioner or, if the alleged wrongdoing relates to the Office of the Public Sector Integrity Commissioner, to
the Auditor General of Canada - or by reason only that the employer believes that the employee will do so:
(a) take a
disciplinary measure against the employee;
(b) demote the
employee;
(c) terminate the
employment of the employee;
(d) take any
measure that adversely affects the employment or working conditions of the employee; or
(e) threaten to
take any measure referred to in paragraphs (a) to (d).
Saving
(2) Nothing in subsection (1) impairs any right of
an employee either at law or under an employment contract or collective agreement.
Meaning of "employer"
(3) For the purpose of subsection (1), "employer" does not include an employer in the public sector.
Contracts
Prohibition - termination of contract or
withholding of payments
42.2 (1) A public
servant or any person purporting to act on behalf of Her Majesty in right of Canada or a portion of the public sector
shall not terminate any contract with Her Majesty in right of Canada or any portion of the public sector, or withhold
any payment that is due and payable in respect of any such contract, by reason only that the other party to the
contract or any of that other party's employees has, in good faith and on the basis of reasonable belief, provided
information concerning an alleged wrongdoing in the public sector to the Commissioner or, if the alleged wrongdoing
relates to the Office of the Public Sector Integrity Commissioner, to the Auditor General of Canada.
Prohibition - entering into
contract
(2) A public servant or any person purporting to
act on behalf of Her Majesty in right of Canada or a portion of the public sector shall not, in considering whether to
enter into a contract with a person, take into account that the person or any of the person's employees has, in the
past, in good faith and on the basis of reasonable belief, provided information concerning an alleged wrongdoing in the
public sector to the Commissioner or, if the alleged wrongdoing relates to the Office of the Public Sector Integrity
Commissioner, to the Auditor General of Canada.
Meaning of "contract"
(3) In this section, "contract" includes, but is not limited to, an agreement for the supply of goods or the provision of
services, an agreement relating to real property or immoveables, a loan, a grant and a contribution, but does not
include an agreement by a public servant, or by a person appointed by the Governor in Council or by a minister of the
Crown, to perform the duties to which their employment or appointment relates.
OFFENCE
Offence and punishment
42.3 Every person who
knowingly contravenes section 19 or contravenes any of sections 40 to 42.2 commits an offence and is guilty
of
(a) an indictable
offence and liable to a fine of not more than $10,000 or to imprisonment for a term of not more than two years, or to
both that fine and that imprisonment; or
(b) an offence
punishable on summary conviction and liable to a fine of not more than $5,000 or to imprisonment for a term of not more
than six months, or to both that fine and that imprisonment.
Clause
215: New.
216. Section 46 of the Act is renumbered
as subsection 46(1) and is amended by adding the following:
Exceptions
(2) Subsection (1) does not apply to
(a) the
Commissioner or any person acting on behalf of or under the direction of the Commissioner, with respect to the
Commissioner's participation in any proceedings before the Tribunal; or
(b) a person
designated as an investigator under section 19.7 with regard to his or her participation in the investigation for which
he or she was so designated.
Clause
216: New.
217. (1) The portion of subsection 49(1)
of the Act before paragraph (a) is replaced by the following:
Restriction
49. (1) Subject to
subsections (2) and (3), when referring any matter under section 34 or making a report under section
38, the Commissioner shall not disclose any information that the Government of Canada or any portion of the
public sector is taking measures to protect, including, but not limited to, information that
Clause
217: (1) Relevant portion of subsection 49(1):
49. (1) Subject to subsections (2) and (3), when referring any matter under section 34 or making a special or annual
report under this Act, the Commissioner shall not disclose any information that the Government of Canada or any portion
of the public sector is taking measures to protect, including, but not limited to, information that
(2) Paragraph
49(3)(a) of the Act is replaced by the following:
(a) the
disclosure is necessary to refer any matter under section 34 or to establish the grounds for any finding or
recommendation in a report under section 38; and
(2) Relevant portion of subsection
49(3):
(3) The Commissioner may disclose
any information referred to in subsection (1) if, in his or her opinion,
(a) the disclosure is necessary to refer any matter under section 34 or to establish the
grounds for any finding or recommendation in a special or annual report under this Act; and
218. The portion of section 51 of the Act
before paragraph (b) is replaced by the following:
Saving
51. Subject to subsection
19.1(4), nothing in this Act is to be construed as prohibiting
(a) the presentation of an individual grievance under subsection 208(1) of the Public Service Labour Relations Act; or
Clause
218: Relevant portion of section 51:
51. Subject to subsection 20(4), nothing in this Act is to be construed as prohibiting
(a) a person from presenting a grievance under section 91 of the Public Service Staff Relations Act; or
219. The Act is amended by adding the
following after section 51:
Power to temporarily assign other
duties
51.1 (1) A chief
executive may temporarily assign other duties to a public servant who is involved in a disclosure or a complaint in
respect of a reprisal if the chief executive believes on reasonable grounds that the public servant's involvement has
become known in the public servant's workplace or that the temporary assignment is necessary to maintain the effective
operation of the workplace.
Public servants who may be assigned other
duties
(2) For the purposes of this section, the public
servants involved in a disclosure or a complaint in respect of a reprisal are
(a) the public
servant who made the disclosure and every public servant who is the subject of the disclosure;
(b) the public
servant who filed the complaint and every public servant who is alleged to have taken the reprisal to which the
complaint relates; and
(c) every public
servant who is a witness or potential witness in the investigation, if any, relating to the disclosure or in any
proceeding dealing with the complaint.
Duration
(3) The assignment may be for a period of up to
three months, but the chief executive may renew the assignment one or more times if he or she believes that the
conditions giving rise to it continue to exist on the expiry of a previous period.
Duties
(4) Subject to subsection (7), the duties that may
be assigned must be in the same portion of the public sector in which the public servant is employed and must be
comparable to the public servant's normal duties.
Consent
(5) Subsection (1) applies to a public servant,
other than a public servant who is the subject of the disclosure or who is alleged to have taken the reprisal, as the
case may be, only if the public servant consents in writing to the assignment. The assignment is deemed not to be a
reprisal if the public servant's consent is given.
Not disciplinary action
(6) The assignment of other duties to a public
servant who is the subject of the disclosure or who is alleged to have taken the reprisal, as the case may be, is
deemed not to be a disciplinary action.
Duties in other portion of the public
sector
(7) A public servant may be temporarily assigned
duties in another portion of the public sector if both the chief executive of that other portion and the public servant
consent to the assignment and the duties are comparable to the public servant's normal duties. The assignment is deemed
not to be a reprisal or a disciplinary action if the public servant's consent is given.
Judicial review
51.2 (1) For the
purposes of section 18.1 of the Federal Courts Act,
(a) a public
servant who has made a disclosure to the Commissioner under section 13 is deemed to be directly affected by any report
made by the Commissioner in relation to the disclosure;
(b) a public
servant or former public servant who files a complaint under subsection 19.1(1) is deemed to be directly affected by a
decision of the Commissioner to refuse to deal with or to dismiss the complaint; and
(c) a party to a
proceeding before the Tribunal is deemed to be directly affected by a decision of the Tribunal in relation to that
proceeding.
Rights of action
(2) Nothing in this Act affects any right of action
that a public servant may otherwise have in relation to any act or omission giving rise to a dispute that does not
relate to his or her terms or conditions of employment.
Authority to act for Commissioner of the
Royal Canadian Mounted Police
51.3 The Commissioner of
the Royal Canadian Mounted Police may authorize a Deputy or Assistant Commissioner of the Royal Canadian Mounted Police
to exercise the powers or perform the duties and functions of the Commissioner of the Royal Canadian Mounted Police as
a chief executive in respect of section 11, subsection 19.4(2), paragraph 19.6(1)(b), subsections 19.8(1) and 19.9(1), paragraphs 22(g) and (h), subsections 26(1), 27(1) and (3), 28(1)
and 29(3) and sections 36 and 50.
Clause
219: New.
220. The Act is amended by adding the
following after section 53:
AWARDS
Awards
53.1 If a finding of
wrongdoing results from a disclosure made under this Act or from the provision of information to the Commissioner
referred to in section 33 and the Commissioner is of the opinion that the person who made the disclosure or provided
the information has shown courage in defending the public interest, the Commissioner may
(a) pay to the
person a financial award in an amount of not more than $1,000; or
(b) make any other
award to the person that the Commissioner, in his or her discretion, considers to be appropriate in the circumstances,
the value of which may not be more than $1,000.
Clause
220: New.
221. Subsection 54.1(1) of the Act is
replaced by the following:
Transitional - staff
54.1 (1) Each
person employed in the Agency in the administrative unit known as the Office of the Public Service Integrity Officer
assumes, on the coming into force of this section, a position in the Office of the Public Sector Integrity
Commissioner.
Clause
221: Existing text of subsection 54.1(1):
54.1 (1) Each person employed in the Public Service Human Resources Management Agency of Canada in the administrative
unit known as the Office of the Public Service Integrity Officer assumes, on the coming into force of this section, a
position in the Office of the Public Sector Integrity Commissioner.
222. Section 55 of the Act is replaced by
the following:
55. The Access to Information Act is amended by adding the following in numerical
order:
Public Sector Integrity
Commissioner
16.4 The Public Sector
Integrity Commissioner shall refuse to disclose any record requested under this Act that contains
information
(a) obtained or
created by him or her or on his or her behalf in the course of an investigation into a disclosure made under the
Public Servants Disclosure Protection Act or an investigation commenced under
section 33 of that Act; or
(b) received by a
conciliator in the course of attempting to reach a settlement of a complaint filed under subsection 19.1(1) of that
Act.
Public Servants Disclosure Protection
Act
16.5 The head of a
government institution shall refuse to disclose any record requested under this Act that contains information created
for the purpose of making a disclosure under the Public Servants Disclosure
Protection Act or in the course of an investigation into a disclosure under that Act.
55.1 Schedule I to the Act is amended by
adding the following in alphabetical order under the heading "Other Government
Institutions":
Office of the Public Sector
Integrity Commissioner
Commissariat à
l'intégrité du secteur public
Registry of the Public Servants
Disclosure Protection Tribunal
Greffe du
Tribunal de la protection des fonctionnaires divulgateurs d'actes répréhensibles
Clause
222: Existing text of section 55:
55. Section 16 of the Access to Information Act is amended by adding the following after subsection
(1):
(1.1) If the record came into
existence less than five years before the request, the head of a government institution may refuse to disclose any
record requested under this Act that contains information
(a) prepared in relation to or as a result of a disclosure or an investigation under the
Public Servants Disclosure Protection Act; or
(b) obtained by a supervisor or a senior officer designated under subsection 10(2) of that
Act, or by the Public Sector Integrity Commissioner, in relation to or as a result of a disclosure or an investigation
under that Act, if the information identifies, or could reasonably be expected to lead to the identification of, a
public servant who made a disclosure under that Act or who cooperated in an investigation under that Act.
223. Section 56 of the Act is replaced by
the following:
56. The schedule to the Canada Evidence Act is amended by adding the following after item 19:
20. The Public Sector
Integrity Commissioner, for the purposes of sections 26 to 35 of the Public Servants Disclosure Protection Act.
R.S., c. F-7; 2002, c. 8, s.
14
Federal Courts Act
56.1 Subsection 28(1) of the Federal Courts Act is amended by striking out the word "and" at the end of paragraph
(o), by adding the word "and" at the end of paragraph (p) and by adding the following after paragraph (p):
(q) the
Public Servants Disclosure Protection Tribunal established by the Public Servants
Disclosure Protection Act.
R.S., c. F-11
Financial Administration Act
56.2 Schedule I.1 to the Financial Administration Act is amended by adding the following in alphabetical order in
column I:
Office of the Public Sector
Integrity Commissioner
Commissariat à
l'intégrité du secteur public
and a corresponding reference in column II
to the "President of the Treasury Board".
56.3 Schedule I.1 to the Act is amended by
adding the following in alphabetical order in column I:
Registry of the Public Servants
Disclosure Protection Tribunal
Greffe du
Tribunal de la protection des fonctionnaires divulgateurs d'actes répréhensibles
and a corresponding reference in column II
to the "Minister of Canadian Heritage".
56.4 Schedule IV to the Act is amended by
adding the following in alphabetical order:
Office of the Public Sector
Integrity Commissioner
Commissariat à
l'intégrité du secteur public
Registry of the Public Servants
Disclosure Protection Tribunal
Greffe du
Tribunal de la protection des fonctionnaires divulgateurs d'actes répréhensibles
R.S., c. 31 (4th Supp.)
Official Languages Act
56.5 Subsection 24(3) of the Official Languages Act is amended by adding the following after paragraph (b):
(b.1) the
Office of the Public Sector Integrity Commissioner;
Clause
223: Existing text of section 56:
56. The schedule to the Canada Evidence Act is amended by adding the following after item 19:
20. The Public Sector
Integrity Commissioner, for the purposes of the Public Servants Disclosure Protection
Act.
224. Section 57 of the Act is replaced by
the following:
57. Subsection 9(3) of the Personal Information Protection and Electronic Documents Act is amended by striking out
the word "or" at the end of paragraph (c.1), by adding the word "or" at the end
of paragraph (d) and by adding the following after paragraph (d):
(e) the
information was created for the purpose of making a disclosure under the Public
Servants Disclosure Protection Act or in the course of an investigation into a disclosure under that
Act.
Clause
224: Existing text of section 57:
57. Subsection 9(3) of the
Personal Information Protection and Electronic Documents Act is amended by
striking out the word "or" at the end of paragraph (c.1), by adding the word
"or" at the end of paragraph (d) and by adding the following after paragraph
(d):
(e) the information came into existence less than five years before it is requested and the
information was
(i) prepared in relation to or
as a result of a disclosure or an investigation under the Public Servants Disclosure
Protection Act; or
(ii) collected or used by a
supervisor or a senior officer designated under subsection 10(2) of that Act, or by the Public Sector Integrity
Commissioner, in relation to or as a result of a disclosure or an investigation under that Act, if the information
identifies, or could reasonably be expected to lead to the identification of, a public servant who made a disclosure
under that Act or who cooperated in an investigation under that Act.
225. Sections 58 and 58.1 of the Act are
replaced by the following:
58. The Privacy Act is amended by adding the following in numerical
order:
Public Sector Integrity
Commissioner
22.2 The Public Sector
Integrity Commissioner shall refuse to disclose any personal information requested under subsection 12(1) that
was
(a) obtained or
created by him or her or on his or her behalf in the course of an investigation into a disclosure made under the
Public Servants Disclosure Protection Act or an investigation commenced under
section 33 of that Act; or
(b) received by a
conciliator in the course of attempting to reach a settlement of a complaint filed under subsection 19.1(1) of that
Act.
Public Servants Disclosure Protection
Act
22.3 The head of a
government institution shall refuse to disclose personal information requested under subsection 12(1) that was created
for the purpose of making a disclosure under the Public Servants Disclosure
Protection Act or in the course of an investigation into a disclosure under that Act.
58.1 The schedule to the Act is amended by
adding the following in alphabetical order under the heading "Other Government
Institutions":
Office of the Public Sector
Integrity Commissioner
Commissariat à
l'intégrité du secteur public
Registry of the Public Servants
Disclosure Protection Tribunal
Greffe du
Tribunal de la protection des fonctionnaires divulgateurs d'actes répréhensibles
Clause
225: Existing text of sections 58 and 58.1:
58. Section 22 of the Privacy Act is amended by adding the following after subsection (1):
(1.1) If the information came into
existence less than five years before the request, the head of a government institution may refuse to disclose any
personal information requested under subsection 12(1) that was
(a) prepared in relation to or as a result of a disclosure or an investigation under the
Public Servants Disclosure Protection Act; or
(b) obtained by a supervisor or a senior officer designated under subsection 10(2) of that
Act, or by the Public Sector Integrity Commissioner, in relation to or as a result of a disclosure or an investigation
under that Act, if the information identifies, or could reasonably be expected to lead to the identification of, a
public servant who made a disclosure under that Act or who cooperated in an investigation under that Act.
58.1 The schedule to the Act is
amended by adding the following in alphabetical order under the heading "Other Government Institutions":
Office of the
Public Sector Integrity Commissioner
Commissariat à l'intégrité du secteur public
226. Subsection 59(1) of the Act is
repealed.
Clause
226: Existing text of subsection 59(1):
59. (1) On the later of the coming
into force of section 2 of the Public Service Modernization Act and the coming
into force of subsection 20(1) of this Act,
(a) paragraph 20(1)(b) of this Act is replaced by
the following:
(b) in relation to any other public servant who is employed in any portion of the public
sector referred to in Schedule I, IV or V to the Financial Administration Act
or a person whose complaint relates to a reprisal taken while he or she was so employed, the Public Service Labour
Relations Board; and
(b) paragraph 51(a) of this Act is replaced by the
following:
(a) the presentation of an individual grievance under subsection 208(1) of the Public Service Labour Relations Act; or
Coordinating Amendment
227. On the later of the day on which
section 81 of the Parliament of Canada Act, as enacted by section 28 of this Act, comes into force and the day on which section 24 of the Public Servants Disclosure Protection Act comes into force - or, if those days are the
same day, then on that day - section 24 of the Public Servants Disclosure Protection
Act is amended by adding the following after subsection (2):
Jurisdiction of the Conflict of Interest
and Ethics Commissioner
(2.1) The Commissioner must refuse to deal with a
disclosure or to commence an investigation if he or she is of the opinion that the subject-matter of the disclosure or
the investigation is within the jurisdiction of the Conflict of Interest and Ethics Commissioner under the Conflict of Interest Act and must refer the matter to the Conflict of Interest and Ethics
Commissioner.
R.S., c. S-3
Salaries Act
228. The Salaries Act is amended by adding the following after section 1:
PUBLIC APPOINTMENTS
COMMISSION
Establishment of Commission
1.1 The Governor in
Council may establish a Public Appointments Commission consisting of a chairperson and not more than four other members
to perform such functions as the Governor in Council may specify, and may appoint the chairperson and other members and
fix their remuneration and expenses.
Salaries
Act
Clause
228: New.
Coming into Force
Order in council
229. Section 3.1 of the Access to Information Act, as enacted by section 144 of this Act, as
well as sections 145 to 151, 156, 159 to 162, 164 to 179, 183, 184 and 186 to 193 of this Act and any
provisions enacted by those sections come into force on a day or days to be fixed by order of the Governor in
Council.
ADMINISTRATIVE
OVERSIGHT AND ACCOUNTABILITY
1991, c. 11
Broadcasting Act
230. Subsection 36(3) of the Broadcasting Act is replaced by the following:
Tenure
(3) A director shall be appointed to hold office
during good behaviour for a term not exceeding four years and may be removed at any time by the
Governor in Council for cause.
Broadcasting
Act
Clause
230: Existing text of subsection 36(3):
(3) A director shall be appointed
to hold office during good behaviour for a term not exceeding five years and may be removed at any time by the Governor
in Council for cause.
1995, c. 28
Business Development Bank of Canada Act
231. Subsection 6(4) of the Business Development Bank of Canada Act is replaced by the following:
Appointment of directors
(4) The other directors are to be appointed by the
Designated Minister, with the approval of the Governor in Council, for a term not exceeding four
years that will ensure, as far as possible, the expiration in any one year of the terms of office
of not more than half of the directors.
Business
Development Bank of Canada Act
Clause
231: Existing text of subsection 6(4):
(4) The other directors are to be
appointed by the Designated Minister, with the approval of the Governor in Council, for a term of no more than three
years so as to ensure, as far as possible, the expiration in any one year of the terms of office of not more than half
of the directors.
R.S., c. C-2; 2001, c. 34, s.
14(E)
Canada Council for the Arts Act
1995, c. 29, s. 10(E)
232. Subsection 4(2) of the Canada Council for the Arts Act is replaced by the following:
Other members
(2) Each of the other members
of the Council shall be appointed for a term of four years.
Canada
Council for the Arts Act
Clause
232: Existing text of subsection 4(2):
(2) Each of the members of the
Council, other than the Chairperson and Vice-Chairperson, shall be appointed for a term of three years.
R.S., c. C-7
Canada Mortgage And Housing Corporation Act
233. (1) The definition "Chairman" in section 2 of the English version of the Canada Mortgage and
Housing Corporation Act is repealed.
Canada
Mortgage and Housing Corporation Act
Clause
233: (1) Existing text of the definition:
"Chairman" means the Chairman of the Board, appointed pursuant to subsection 6(2);
(2) Section 2 of
the English version of the Act is amended by adding the following in alphabetical order:
"Chairperson"
Version anglaise
seulement
"Chairperson" means the
Chairperson of the Board, appointed pursuant to subsection 6(2);
(2) New.
1999, c. 27, s. 25(2)
234. Subsection 6(4) of the Act is replaced by
the following:
Appointment of directors
(4) Each director, other than the Chairperson and the President, shall be appointed by the Minister, with the approval of the Governor in
Council, to hold office during pleasure for a term not exceeding four years that will ensure, as
far as possible, the expiration in any one year of the terms of office of not more than one half of the
directors.
Clause
234: Existing text of subsection 6(4):
(4) Each director, other than the
Chairman and the President, shall be appointed by the Minister, with the approval of the Governor in Council, to hold
office during pleasure for a term not exceeding three years that will ensure, as far as possible, the expiration in any
one year of the terms of office of not more than one half of the directors.
Replacement of references
235. The English version of the Act is amended
by replacing "Chairman" with "Chairperson" wherever it occurs in the following provisions:
(a)
subsections 6(1) to (3);
(b)
section 9;
(c)
subsection 10(2);
(d)
subsection 12(1); and
(e)
section 15.
R.S., c. C-10
Canada Post Corporation Act
236. (1) The definition "Chairman" in subsection 2(1) of the English version of the Canada Post
Corporation Act is repealed.
Canada Post
Corporation Act
Clause
236: (1) Existing text of the definition:
"Chairman" means the Chairman of the Board appointed pursuant to section 7;
(2) Subsection
2(1) of the English version of the Act is amended by adding the following in alphabetical order:
"Chairperson"
« président du conseil »
"Chairperson" means the
Chairperson of the Board, appointed pursuant to section 7;
(2) New.
237. Subsection 6(2) of the Act is
replaced by the following:
Appointment of directors
(2) Each director, other than the Chairperson and the President, shall be appointed by the Minister, with the approval of the Governor in
Council, to hold office during pleasure for a term not exceeding four years
that will ensure, as far as possible, the expiration in any one year of the terms of office of
not more than one half of the directors.
Clause
237: Existing text of subsection 6(2):
(2) Each director, other than the
Chairman and the President, shall be appointed by the Minister, with the approval of the Governor in Council, to hold
office during pleasure for such term, not exceeding three years, as will ensure, as far as possible, the expiration in
any one year of the terms of office of not more than one-half of the directors.
Replacement of references
238. The English version of the Act is amended
by replacing "Chairman" with "Chairperson" wherever it occurs in the following provisions:
(a)
subsection 6(1);
(b)
subsection 6(5);
(c)
section 7 and the heading before it;
(d)
paragraph 11(c); and
(e)
subsections 13(3) and (4).
1999, c. 17; 2005, c. 38, s.
35
Canada Revenue Agency Act
239. Subsection 30(1) of the Canada Revenue Agency Act is amended by striking out the word "and" at the end of
paragraph (c), by adding the word "and" at the end of paragraph (d) and by adding the following at the end of paragraph (d):
(e) internal
audit in the Agency.
Canada
Revenue Agency Act
Clause
239: Relevant portion of subsection 30(1):
30. (1) The Agency has authority over all matters relating to
R.S., c. C-14
Canadian Commercial Corporation Act
2002, c. 4, s. 2
240. Subsection 3.1(3) of the Canadian Commercial Corporation Act is replaced by the following:
Appointment of directors
(3) Each director of the Corporation, other than
the Chairperson and the President, shall be appointed by the Minister, with the approval of the Governor in Council, to
hold office during pleasure for a term not exceeding four years that will
ensure, as far as possible, the expiry in any one year of the terms of office of not more than one half of the
directors.
Canadian
Commercial Corporation Act
Clause
240: Existing text of subsection 3.1(3):
(3) Each director of the
Corporation, other than the Chairperson and the President, shall be appointed by the Minister, with the approval of the
Governor in Council, to hold office during pleasure for any term not greater than three years that will ensure, as far
as possible, the expiry in any one year of the terms of office of not more than one-half of the directors.
R.S., c. C-15
Canadian Dairy Commission Act
Amendments to Act
241. The definition "Commission" in section 2 of the Canadian Dairy Commission Act is
replaced by the following:
"Commission"
« Commission »
"Commission" means the
Canadian Dairy Commission continued by section 3;
Canadian
Dairy Commission Act
Clause
241: Existing text of the definition:
"Commission" means the Canadian Dairy Commission established by section 3;
242. (1) Subsection 3(1) of the Act is
replaced by the following:
Commission continued
3. (1) The Canadian
Dairy Commission is continued as a corporation consisting of a Chairperson, a
Chief Executive Officer and one other member.
Clause
242: (1) Existing text of subsection 3(1):
3. (1) There is hereby established a corporation, to be known as the Canadian Dairy Commission, consisting of a
Chairman, a Vice-Chairman and one other member.
(2) Subsection
3(4) of the Act is repealed.
(2) Existing text of subsection
3(4):
(4) The Chairman is the chief
executive officer of the Commission.
243. Subsection 5(1) of the English
version of the Act is replaced by the following:
Consultative Committee
5. (1) The Minister
shall appoint a Consultative Committee consisting of a chairperson and eight other members.
Clause
243: Existing text of subsection 5(1):
5. (1) The Minister shall appoint a Consultative Committee consisting of a chairman and eight other
members.
Transitional
Provision
Transitional - Chairman
244. On the day on which this section comes into
force, the person occupying the position of Chairman of the Canadian Dairy Commission ceases to occupy that position
and becomes the Chief Executive Officer of the Commission as if appointed to that position under section 3 of
the Canadian Dairy Commission Act for a period equal
to the remainder of the person's term of office as Chairman.
1991, c. 8
Canadian Race Relations Foundation Act
245. Subsection 7(1) of the Canadian Race Relations Foundation Act is replaced by the following:
Term of office
7. (1) Each
director shall be appointed to hold office for a term not exceeding four years.
Canadian
Race Relations Foundation Act
Clause
245: Existing text of subsection 7(1):
7. (1) Each director shall be appointed to hold office for a term not exceeding three years.
2005, c. 30, s. 45
246. Subsection 17(3) of the Act is replaced by
the following:
Financial Administration Act
(3) Part X of the Financial Administration Act, except for sections 131 to 148 and
154.01, does not apply to the Foundation.
Clause
246: Existing text of subsection 17(3):
(3) Part X of the
Financial Administration Act, except
for sections 131 to 148, does not apply to the Foundation.
R.S., c. C-25
Cape Breton Development Corporation Act
2000, c. 23, s. 8(2)
247. Subsection 4(2) of the Cape Breton Development Corporation Act is replaced by the following:
Appointment of directors
(2) Each director, other than the Chairperson and
the President, shall be appointed by the Minister, with the approval of the Governor in Council, to hold office during
pleasure for a term not exceeding four years.
Cape Breton
Development Corporation Act
Clause
247: Existing text of subsection 4(2):
(2) Each director, other than the
Chairperson and the President, shall be appointed by the Minister, with the approval of the Governor in Council, to
hold office during pleasure for a term not exceeding three years.
R.S., c. C-46
Criminal Code
1995, c. 22, s. 6
248. Subsection 750(3) of the Criminal Code is replaced by the following:
Disability to contract
(3) No person who is convicted of
(a)an offence under section 121, 124 or 418,
(b) an offence
under section 380 committed against Her Majesty, or
(c) an offence
under paragraph 80(1)(d), subsection 80(2) or section 154.01 of the
Financial Administration Act,
has, after that conviction, capacity to contract with Her
Majesty or to receive any benefit under a contract between Her Majesty and any other person or to hold office under Her
Majesty.
Criminal
Code
Clause
248: Existing text of subsection 750(3):
(3) No person who is convicted of
an offence under section 121, 124 or 418 has, after that conviction, capacity to contract with Her Majesty or to
receive any benefit under a contract between Her Majesty and any other person or to hold office under Her
Majesty.
R.S., c. 41 (4th Supp.), Part
II
Enterprise Cape Breton Corporation Act
Amendments to Act
249. (1) The definition "Vice-President" in section 26 of the Enterprise Cape Breton Corporation
Act is repealed.
Enterprise
Cape Breton Corporation Act
Clause
249: (1) and (2) Existing text of the definitions:
"President" means the President of the Atlantic Canada Opportunities Agency appointed pursuant to subsection 11(1)
of the Atlantic Canada Opportunities Agency
Act;
"Vice-President"
means the Vice-President of the Corporation appointed pursuant to subsection
28(1).
(2) The
definition "President" in section 26 of the English version of the Act is repealed.
(3) Section 26
of the Act is amended by adding the following in alphabetical order:
"Chief Executive Officer"
« premier dirigeant »
"Chief Executive Officer" means the Chief Executive Officer of the Corporation appointed under subsection 28(1);
(3) and (4) New.
(4) Section 26
of the English version of the Act is amended by adding the following in alphabetical order:
"Chairperson"
« président »
"Chairperson" means the
President of the Atlantic Canada Opportunities Agency appointed pursuant to subsection 11(1) of the Atlantic Canada Opportunities Agency Act;
250. Section 27 of the Act and the heading
before it are replaced by the following:
Corporation Continued
Composition
27. The Enterprise Cape
Breton Corporation is continued as a corporation consisting of a Board of Directors comprising the Chairperson, a Chief Executive Officer and five other directors appointed in accordance with subsection 28(2).
Clause
250: Existing text of section 27 and the heading:
Corporation Established
27. A corporation is hereby established to be called the Enterprise Cape Breton Corporation, consisting of a Board of
Directors comprised of the President, the Vice-President and five other directors to be appointed in the manner
provided in subsection 28(2).
251. Subsections 28(1) to (3) of the Act
are replaced by the following:
Appointment of Chief Executive
Officer
28. (1) The
Chief Executive Officer shall be appointed by the Governor in Council for a
term that the Governor in Council considers appropriate, and may be removed
at any time by the Governor in Council.
Appointment of directors
(2) Each director, other than the Chairperson and the Chief Executive Officer, shall be appointed by the Minister, with
the approval of the Governor in Council, to hold office for a term not exceeding four years that will ensure, as far as possible, the expiration in any one year of the
terms of office of not more than one half of the directors. Each director may be removed at any
time by the Minister, with the approval of the Governor in Council.
Re-appointment
(3) The Chief Executive
Officer is eligible for re-appointment on the expiration of a term of office. Notwithstanding subsection 105(3)
of the Financial Administration Act, any other director who has served two
consecutive terms is not, during the twelve months following the completion of a second term, eligible for appointment
except as Chairperson or Chief Executive Officer.
Clause
251: Existing text of subsections 28(1) to (3):
28. (1) The Vice-President shall be appointed by the Governor in Council for such term as the Governor in Council deems
appropriate and may be removed at any time by the Governor in Council.
(2) Each
director, other than the President and the Vice-President, shall be appointed by the Minister, with the approval of the
Governor in Council, to hold office for such term, not exceeding three years, as will ensure, as far as possible, the
expiration in any one year of the terms of office of not more than one-half of the directors, but may be removed at any
time by the Minister, with the approval of the Governor in Council.
(3) The
Vice-President is eligible for re-appointment on the expiration of a term of office, but, notwithstanding subsection
105(3) of the Financial Administration Act, any other director who has served two consecutive terms is not, during the twelve months following the
completion of a second term, eligible for appointment except as President or Vice-President.
252. Sections 29 and 30 of the Act are
replaced by the following:
Chairperson to preside
29. The Chairperson shall preside at meetings of the Board, but in the event of the absence or incapacity of the
Chairperson or a vacancy in that office, the Chief Executive Officer shall
preside.
Authority of Chief Executive
Officer
30. (1) The
Chief Executive Officer of the Corporation has, on behalf of the Board, the direction and control
of the business of the Corporation with authority to act in the conduct of that business in all
matters that are not by this Part or by the by-laws of the Corporation specifically reserved to be done by the
Board.
Absence or incapacity
(2)In the event of the absence or
incapacity of the Chief Executive Officer or a vacancy in that office, the Board shall authorize
another officer or director of the Corporation to act as the Chief Executive
Officer, but no person may act as such for a period exceeding sixty days without the
approval of the Governor in Council.
Clause
252: Existing text of sections 29 and 30:
29. The President shall preside at meetings of the Board but in the event of the absence or incapacity of the President,
or if the office of President is vacant, the Vice-President shall preside at such meetings.
30. (1) The President is the chief executive officer of the Corporation and has, on behalf of the Board, the direction
and control of the business of the Corporation with authority to act in the conduct of the business of the Corporation
in all matters that are not by this Part or by the by-laws of the Corporation specifically reserved to be done by the
Board.
(2) The
Vice-President is the chief operating officer of the Corporation and has, on behalf of the President, the direction and
control of the day-to-day operations of the Corporation with authority to act in the conduct of the business of the
Corporation in all matters that are not by this Part or by the by-laws of the Corporation specifically reserved to be
done by the Board or the President.
(3) In the event
of the absence or incapacity of the Vice-President, or if the office of Vice-President is vacant, the Board shall
authorize an officer or director of the Corporation to act as the Vice-President for the time being, but no person so
authorized by the Board has authority to act as Vice-President for a period exceeding sixty days without the approval
of the Governor in Council.
253. (1) Subsection 31(1) of the Act is
replaced by the following:
Salaries and fees
31. (1) The
Chief Exceutive Officer shall be paid by the Corporation a salary to be fixed by the Governor in
Council. The other directors, except the Chairperson, shall be paid by the Corporation
the fees fixed by the Governor in Council for attendance at meetings of the
Board or any committee of the Board.
Clause
253: (1) and (2) Existing text of section 31:
31. (1) The Vice-President shall be paid by the Corporation a salary to be fixed by the Governor in Council and the
other directors, other than the President, shall be paid by the Corporation such fees for attendances at meetings of
the Board or any committee thereof as are fixed by the Governor in Council.
(2) Each
director other than the President is entitled to be paid by the Corporation such travel and living expenses incurred in
the performance of duties as such as are fixed by by-law of the Corporation.
(2) Subsection
31(2) of the English version of the Act is replaced by the following:
Expenses
(2) Each director other than the Chairperson is entitled to be paid by the Corporation the travel and living expenses
incurred in the performance of the director's duties that are fixed by
by-law of the Corporation.
254. (1) Paragraph 39(c) of the English version of the Act is replaced by the following:
(c) fixing
the travel and living expenses to be paid to directors other than the Chairperson;
Clause
254: (1) and (2) Relevant portion of section 39:
39. The Board may make by-laws
...
(c) fixing the travel and living expenses to be paid to directors other than the
President;
...
(e) respecting the establishment, management and administration of a pension fund for the
Vice-President, the officers and employees of the Corporation and dependants of those persons, the contributions
thereto to be made by the Corporation and the investment of the pension fund moneys thereof; and
(2) Paragraph
39(e) of the Act is replaced by the following:
(e)
respecting the establishment, management and administration of a pension fund for the Chief Exceutive
Officer and the officers and employees of the Corporation and dependants of those persons, the contributions to
be made to the fund by the Corporation and the investment of the pension fund moneys;
and
Transitional
Provision
Transitional - Vice-President
255. On the day on which this section comes into
force, the person occupying the position of Vice-President of the Enterprise Cape Breton Corporation ceases to occupy
that position and becomes the Chief Executive Officer of the Corporation, as if appointed to that position under
subsection 28(1) of the Enterprise Cape Breton Corporation Act, for a term of office equivalent to the remainder of the person's term as Vice-President.
R.S., c. E-20; 2001, c. 33, s.
2(F)
Export Development Act
2001, c. 33, s. 13(E)
256. Subsection 4(1) of the Export Development Act is replaced by the following:
Appointment of directors
4. (1) Each
director, other than the Chairperson and the President, shall be appointed by the Minister, with the approval of the
Governor in Council, to hold office during pleasure for a term not exceeding four years that will ensure, as far as possible, the expiration in any one year of the
terms of office of not more than one half of the directors.
Export
Development Act
Clause
256: Existing text of subsection 4(1):
4. (1) Each director, other than the Chairperson and the President, shall be appointed by the Minister, with the
approval of the Governor in Council to hold office during pleasure for such term, not exceeding three years, as will
ensure, as far as possible, the expiration in any one year of the terms of office of not more than one-half of the
directors.
1993, c. 14; 2001, c. 22, s. 2
Farm Credit Canada Act
1994, c. 38, par. 25(1)(j)
257. Subsection 5(2) of the Farm Credit Canada Act is replaced by the following:
Appointment
(2) The directors, other than the Chairperson and
the President, shall be appointed by the Minister of Agriculture and Agri-Food, with the approval of the Governor in
Council, for a term not exceeding four years that will
ensure, as far as possible, the expiration in any one year of the terms of office of not more than one half of
the directors.
Farm Credit
Canada Act
Clause
257: Existing text of subsection 5(2):
(2) The directors, other than the
Chairperson and the President, shall be appointed by the Minister of Agriculture and Agri-Food, with the approval of
the Governor in Council, for such term not exceeding three years as ensures, as far as possible, the expiration in any
one year of the terms of office of not more than one half of the directors.
258. Subsection 8(1) of the Act is
replaced by the following:
Committees
8. (1) The Board
may establish an executive committee and any other committees that the Board considers advisable,
and may determine their composition and duties and the tenure of their members.
Clause
258: Existing text of subsection 8(1):
8. (1) The Board shall establish an audit committee and may establish an executive committee or any other committees
that the Board considers advisable, and determine their composition and duties and the tenure of their
members.
R.S., c. F-11
Financial Administration Act
Amendments to Act
259. Section 3 of the Financial Administration Act is amended by adding the following after subsection
(9):
Schedule VI
(10) The Governor in Council may, by order,
(a) add to Part I
of Schedule VI the name of any department named in Schedule I;
(b) add to Part II
or III of Schedule VI the name of any department and a reference to the accounting officer for the
department;
(c) amend Part II
or III of Schedule VI by replacing a reference to the accounting officer for a department with a new
reference;
(d) move from Part
II to Part III of Schedule VI, or from Part III to Part II of that Schedule, the name of a department and the reference
to its accounting officer;
(e) amend Part I,
II or III of Schedule VI by replacing the former name of a department with the new name; and
(f) delete the
name of a department and the reference to its accounting officer from Part I, II or III of Schedule VI, where the
department has ceased to exist or become part of another department.
Financial
Administration Act
Clause
259: New.
260. Subsection 7(1) of the Act is amended
by adding the following after paragraph (e.1):
(e.2)
internal audit in the federal public administration;
Clause
260: Relevant portion of subsection 7(1):
7. (1) The Treasury Board may act for the Queen's Privy Council on all matters relating to
261. The Act is amended by adding the
following after section 16:
PART I.1
INTERNAL AUDIT AND ACCOUNTING
OFFICERS
Audit capacity
16.1 The deputy head or
chief executive officer of a department is responsible for ensuring an internal audit capacity appropriate to the needs
of the department.
Audit committees
16.2 Subject to and except
as otherwise provided in any directives issued by the Treasury Board under paragraph 7(1)(e.2), the deputy head or chief executive officer of a department shall establish an audit
committee for the department.
Definition of "accounting officer"
16.3 In sections 16.4 and
16.5, "accounting officer"
(a) with respect
to a department named in Part I of Schedule VI, means its deputy minister; and
(b) with respect
to a department named in Part II or III of Schedule VI, means the person occupying the position set out opposite that
name.
Accountability of accounting officers
within framework of ministerial accountability
16.4 (1) Within the
framework of the appropriate minister's responsibilities and his or her accountability to Parliament, and subject to
the appropriate minister's management and direction of his or her department, the accounting officer of a department
named in Part I of Schedule VI is accountable before the appropriate committee of Parliament for
(a) the measures
taken to organize the resources of the department to deliver departmental programs in compliance with government
policies and procedures;
(b) the measures
taken to maintain effective systems of internal control in the department;
(c) the signing of
the accounts that are required to be kept for the preparation of the Public Accounts pursuant to section 64;
and
(d) the
performance of other specific duties assigned to him or her by or under this or any other Act in relation to the
administration of the department.
Accountability of accounting officers
within framework of ministerial accountability
(2) Within the framework of the appropriate
minister's responsibilities under the Act or order constituting the department and his or her accountability to
Parliament, the accounting officer of a department named in Part II or III of Schedule VI is accountable before the
appropriate committee of Parliament for
(a) the measures
taken to organize the resources of the department to deliver departmental programs in compliance with government
policies and procedures;
(b) the measures
taken to maintain effective systems of internal control in the department;
(c) the signing of
the accounts that are required to be kept for the preparation of the Public Accounts pursuant to section 64;
and
(d) the
performance of other specific duties assigned to him or her by or under this or any other Act in relation to the
administration of the department.
Appearance before committee
(3) The obligation of an accounting officer under
this section is to appear before the appropriate committee of Parliament and answer questions put to him or her by
members of the committee in respect of the carrying out of the responsibilities and the performance of the duties
referred to in subsection (1) or (2), as the case may be.
Written guidance from
Secretary
16.5 (1) Where the
appropriate minister and the accounting officer for a department named in Part I or II of Schedule VI are unable to
agree on the interpretation or application of a policy, directive or standard issued by the Treasury Board, the
accounting officer shall seek guidance in writing on the matter from the Secretary of the Treasury Board.
Referral to Treasury Board
(2) Where guidance is provided under subsection (1)
and the matter remains unresolved, the appropriate minister shall refer the matter to the Treasury Board for a
decision.
Copy to Auditor General
(3) A decision by the Treasury Board shall be in
writing and a copy shall be provided to the Auditor General of Canada.
Cabinet confidence
(4) The copy of a decision provided to the Auditor
General of Canada is a confidence of the Queen's Privy Council for Canada for the purposes of any Act of
Parliament.
Clause
261: New.
262. The Act is amended by adding the
following before the heading "PART IV" before section 43:
Five-year reviews
42.1 (1) Subject to
and except as otherwise provided in any directives issued by the Treasury Board, every department shall conduct a
review every five years of the relevance and effectiveness of each ongoing program for which it is responsible.
Definition of "program"
(2) In this section, "program" means a program of grants or contributions made to one or more recipients that are administered so
as to achieve a common objective and for which spending authority is provided in an appropriation Act.
Clause
262: New.
263. Section 80 of the Act is renumbered
as subsection 80(1) and is amended by adding the following:
Fraud against Her Majesty
(2) Every officer or person acting in any office or
employment connected with the collection, management or disbursement of public money who, by deceit, falsehood or other
fraudulent means, defrauds Her Majesty of any money, securities, property or service is guilty of an indictable offence
and liable on conviction,
(a) if the amount
of the money or the value of the securities, property or service does not exceed $5,000, to a fine not exceeding $5,000
and to imprisonment for a term not exceeding five years; or
(b) if the amount
of the money or the value of the securities, property or service exceeds $5,000, to a fine not exceeding that amount or
that value and to imprisonment for a term not exceeding fourteen years.
Clause
263: New.
2005, c. 30, s. 51
264. (1) Subsection 85(1) of the Act is replaced
by the following:
Exemption for Bank of Canada
85. (1) Divisions I
to IV, except for section 154.01, do not apply to the Bank of Canada.
Clause
264: (1) Existing text of subsection 85(1):
85. (1) Divisions I to IV do not apply to the Bank of Canada or the Canada Pension Plan Investment Board.
(2) Section 85
of the Act is amended by adding the following after subsection (1):
Exemption for Canada Pension Plan
Investment Board
(1.01) Divisions I to IV, except for section
154.01, do not apply to the Canada Pension Plan Investment Board.
(2) New.
2005, c. 30, s. 51
(3) Subsections 85(1.1) and (1.2) of the
Act are replaced by the following:
Exempted Crown corporations
(1.1) Divisions I to IV, except for sections 131 to
148 and 154.01, do not apply to the Canada Council for the Arts, the Canadian Broadcasting
Corporation, the International Development Research Centre or the National Arts Centre Corporation.
Exemption for Telefilm Canada
(1.2) Divisions I to IV, except for sections 131 to
148 and 154.01 and subject to subsection 21(2) of the Telefilm
Canada Act, do not apply to Telefilm Canada.
(3) Existing text of subsections 85(1.1) and
(1.2):
(1.1) Divisions I to IV, except for
sections 131 to 148, do not apply to the Canada Council for the Arts, the Canadian Broadcasting Corporation, the
International Development Research Centre or the National Arts Centre Corporation.
(1.2) Divisions I to IV, except for
sections 131 to 148 and subject to subsection 21(2) of the Telefilm Canada Act, do not apply to Telefilm
Canada.
1994, c. 47, s. 116
265. Subsection 89.2(1) of the Act is replaced
by the following:
Directive
89.2 (1)
Notwithstanding subsections 85(1) to (1.2), the Governor in Council may
give a directive pursuant to subsection 89(1) to any parent Crown corporation for the purpose of implementing any
provision of the WTO Agreement that pertains to that Crown corporation.
Clause
265: Existing text of subsection 89.2(1):
89.2 (1) Notwithstanding subsection 85(1), the Governor in Council may give a directive pursuant to subsection 89(1) to
any parent Crown corporation for the purpose of implementing any provision of the WTO Agreement that pertains to that
Crown corporation.
1996, c. 17, s. 16
266. Section 89.3 of the Act is replaced by the
following:
Directive
89.3 Notwithstanding
subsections 85(1) to (1.2), the Governor in Council may give a directive
pursuant to subsection 89(1) to any parent Crown corporation for the purpose of implementing any provision of the
Agreement as that term is defined in section 2 of the Agreement on Internal Trade
Implementation Act that pertains to that Crown corporation.
Clause
266: Existing text of section 89.3:
89.3 Notwithstanding subsection 85(1), the Governor in Council may give a directive pursuant to subsection 89(1) to any
parent Crown corporation for the purpose of implementing any provision of the Agreement as that term is defined in
section 2 of the Agreement on Internal Trade Implementation
Act that pertains to that Crown corporation.
1997, c. 14, s. 79
267. Subsection 89.4(1) of the Act is replaced
by the following:
Directive
89.4 (1)
Notwithstanding subsections 85(1) to (1.2), the Governor in Council may
give a directive under subsection 89(1) to any parent Crown corporation for the purpose of implementing any provision
of the Canada-Chile Free Trade Agreement that pertains to that Crown corporation.
Clause
267: Existing text of subsection 89.4(1):
89.4 (1) Notwithstanding subsection 85(1), the Governor in Council may give a directive under subsection 89(1) to any
parent Crown corporation for the purpose of implementing any provision of the Canada-Chile Free Trade Agreement that
pertains to that Crown corporation.
2001, c. 28, s. 51
268. Subsection 89.5(1) of the Act is replaced
by the following:
Directive
89.5 (1)
Notwithstanding subsections 85(1) to (1.2), the Governor in Council may
give a directive under subsection 89(1) to any parent Crown corporation for the purpose of implementing any provision
of the Canada-Costa Rica Free Trade Agreement that pertains to that Crown corporation.
Clause
268: Existing text of subsection 89.5(1):
89.5 (1) Notwithstanding subsection 85(1), the Governor in Council may give a directive under subsection 89(1) to any
parent Crown corporation for the purpose of implementing any provision of the Canada - Costa Rica Free Trade Agreement
that pertains to that Crown corporation.
269. Subsection 105(1) of the Act is
replaced by the following:
Appointment of directors
105. (1) Each
director, other than an officer-director, of a parent Crown corporation shall be appointed by the appropriate Minister,
with the approval of the Governor in Council, to hold office during pleasure for a term not
exceeding four years that will ensure, as far as possible, the expiration
in any one year of the terms of office of not more than one half of the directors of the corporation.
Clause
269: Existing text of subsection 105(1):
105. (1) Each director, other than an officer-director, of a parent Crown corporation shall be appointed by the
appropriate Minister, with the approval of the Governor in Council, to hold office during pleasure for such term, not
exceeding three years, as will ensure, as far as possible, the expiration in any one year of the terms of office of not
more than one-half of the directors of the corporation.
1991, c. 24, s. 50 (Sch. II, item
22)(F)
270. Subsection 148(1) of the Act is replaced by
the following:
Audit committee
148. (1) Each
parent Crown corporation that has four or more directors shall establish an audit committee composed of not less than
three directors of the corporation, none of whom may be officers or
employees of the corporation or any of its affiliates.
Clause
270: Existing text of subsection 148(1):
148. (1) Each parent Crown corporation that has four or more directors shall establish an audit committee composed of not
less than three directors of the corporation, the majority of whom are not officers or employees of the corporation or
any of its affiliates.
271. The Act is amended by adding the
following after section 154:
Offence
Fraud against Her Majesty
154.01 (1) A
director, officer or employee of a Crown corporation who, by deceit, falsehood or other fraudulent means, in connection
with the collection, management or disbursement of money belonging to the corporation, defrauds the corporation of any
money, securities, property or service is guilty of an indictable offence and liable on conviction
(a) if the amount
of the money or the value of the securities, property or service does not exceed $5,000, to a fine not exceeding $5,000
and to imprisonment for a term not exceeding five years; or
(b) if the amount
of the money or the value of the securities, property or service exceeds $5,000, to a fine not exceeding that amount or
that value and to imprisonment for a term not exceeding fourteen years.
Employment
(2) A person who is convicted of an offence under
subsection (1) in respect of a corporation is, after the time for final appeal has expired, ineligible to be an
employee of the corporation.
Clause
271: New.
272. The Act is amended by adding, after
Schedule V, the Schedules VI and VII set out in the schedule to this Act.
Coordinating
Amendments
Commissioner of Lobbying
273. On the later of the day on which section
68 of this Act comes into force and the day on which section 272 of this
Act comes into force - or, if those days are the same day, then on that day - Part III of Schedule VI to the
Financial Administration Act is amended by deleting the
following from column I:
Office of the Registrar of
Lobbyists
Bureau du
directeur des lobbyistes
and the corresponding reference in column
II to the "Registrar of Lobbyists".
Commissioner of Lobbying
274. On the later of the day on which section
68 of this Act comes into force and the day on which section 272 of this
Act comes into force - or, if those days are the same day, then on that day - Part III of Schedule VI to the
Financial Administration Act is amended by adding the following in
alphabetical order in column I:
Office of the Commissioner of
Lobbying
Commissariat au
lobbying
and a corresponding reference in column II
to the "Commissioner of Lobbying".
Director of Public
Prosecutions
275. On the later of the day on which section
123 of this Act comes into force and the day on which section 272 of this
Act comes into force - or, if those days are the same day, then on that day - Part II of Schedule VI to the
Financial Administration Act is amended by adding the following in
alphabetical order in column I:
Office of the Director of Public
Prosecutions
Bureau du
directeur des poursuites pénales
and a corresponding reference in column II
to the "Director of Public Prosecutions".
2005, c. 46
276. On the later of the day on which subsection
39(1) of the Public Servants Disclosure Protection Act comes into force and
the day on which section 272 of this Act comes into force - or, if those days are the same day,
then on that day - Part III of Schedule VI to the Financial Administration Act
is amended by adding the following in alphabetical order in column I:
Office of the Public Sector
Integrity Commissioner
Commissariat à
l'intégrité du secteur public
and a corresponding reference in column II
to the "Public Sector Integrity Commissioner".
2005, c. 46
277. On the later of the day on which section
20.7 of the Public Servants Disclosure Protection Act comes into force and the
day on which section 272 of this Act comes into force - or, if those days are the same day, then
on that day - Part III of Schedule VI to the Financial Administration Act is
amended by adding the following in alphabetical order in column I:
Public Servants Disclosure
Protection Tribunal
Tribunal de la
protection des fonctionnaires divulgateurs d'actes répréhensibles
and a corresponding reference in column II
to the "Registrar".
R.S., c. F-13
Freshwater Fish Marketing Act
278. (1) The definition "Chairman" in section 2 of the English version of the Freshwater Fish
Marketing Act is repealed.
Freshwater
Fish Marketing Act
Clause
278: (1) Existing text of the definition:
"Chairman" means the Chairman of the Board;
(2) Section 2 of
the English version of the Act is amended by adding the following in alphabetical order:
"Chairperson"
Version anglaise
seulement
"Chairperson" means the
Chairperson of the Board;
(2) New.
R.S., c. 1 (4th Supp.), s. 44 (Sch. II,
item 15)(E)
279. Subsection 3(3) of the Act is replaced by
the following:
Appointment of directors
(3) Each director, other than the Chairperson and the President, shall be appointed by the Minister, with the approval of the Governor in
Council, to hold office during pleasure for a term not exceeding four years
that will ensure, as far as possible, the expiration in any one year of the terms of office of
not more than one half of the directors.
Clause
279: Existing text of subsection 3(3):
(3) Each director, other than the
Chairman and the President, shall be appointed by the Minister, with the approval of the Governor in Council, to hold
office during pleasure for such term not exceeding three years as will ensure, as far as possible, the expiration in
any one year of the terms of office of not more than one-half of the directors.
Replacement of references
280. The English version of the Act is amended
by replacing "Chairman" with "Chairperson" wherever it occurs in the following provisions:
(a)
subsections 3(1) and (2);
(b)
subsection 3(8);
(c)
section 4;
(d)
subsection 6(1); and
(e)
subsection 17(1).
1990, c. 3
Museums Act
281. Subsection 19(2) of the Museums Act is replaced by the following:
Appointment of trustees
(2) The trustees of a museum, other than the
Chairperson and Vice-Chairperson, shall be appointed by the Minister, with the approval of the Governor in Council, to
hold office during pleasure for a term, not exceeding four years,
that will ensure, as far as possible, the expiration in any one year of the terms of office of
not more than four of those trustees.
Museums
Act
Clause
281: Existing text of subsection 19(2):
(2) The trustees of a museum, other
than the Chairperson and Vice-Chairperson, shall be appointed by the Minister, with the approval of the Governor in
Council, to hold office during pleasure for such term, not exceeding three years, as will ensure, as far as possible,
the expiration in any one year of the terms of office of not more than four of those trustees.
R.S., c. N-3
National Arts Centre Act
282. The definition "Corporation" in section 2 of the National Arts Centre Act is
replaced by the following:
"Corporation"
« Société »
"Corporation" means the
National Arts Centre Corporation continued by section 3;
National
Arts Centre Act
Clause
282: Existing text of the definition:
"Corporation"
means the National Arts Centre Corporation established by section 3;
1995, c. 29, s. 51
283. Section 3 of the Act is replaced by the
following:
Corporation continued
3. The National Arts
Centre Corporation is continued as a corporation consisting of a Board of
Trustees composed of a Chairperson, a Vice-Chairperson, the mayors of the cities of Ottawa and Gatineau and six other members to be appointed as provided in
subsection 4(2).
Clause
283: Existing text of section 3:
3. There is hereby established a corporation, to be known as the National Arts Centre Corporation, consisting of a
Board of Trustees composed of a Chairperson, a Vice-Chairperson, the persons from time to time holding office as the
Mayor of the city of Ottawa and the Mayor of the city of Hull and six other members to be appointed as provided in
subsection 4(2).
1995, c. 29, s. 52
284. Subsection 4(2) of the Act is replaced by
the following:
Appointment of other members
(2) Each of the members of the Board, other than
the Chairperson and Vice-Chairperson and the mayors referred to in section 3, shall be appointed by the Governor in
Council for a term not exceeding four years.
Clause
284: Existing text of subsection 4(2):
(2) Each of the members of the
Board, other than the Chairperson and Vice-Chairperson and the Mayors referred to in section 3, shall be appointed by
the Governor in Council for a term not exceeding three years.
R.S., c. N-4
National Capital Act
1995, c. 29, s. 55(E)
285. (1) The definition "Vice-Chairperson" in section 2 of the National Capital Act is
repealed.
National
Capital Act
Clause
285: (1) and (2) Existing text of the definitions:
"Commission" means the National Capital Commission referred to in section 3;
"Vice-Chairperson"
means the Vice-Chairperson of the Commission;
(2) The
definition "Commission" in section 2 of the Act is replaced by the following:
"Commission"
« Commission »
"Commission" means the
National Capital Commission continued by section 3;
(3) Section 2 of
the Act is amended by adding the following in alphabetical order:
"Chief Executive Officer"
« premier dirigeant »
"Chief Executive Officer" means the Chief Executive Officer of the Commission;
(3) New.
286. The heading before section 3 of the
Act is replaced by the following:
COMMISSION CONTINUED
Clause
286: Existing text of the heading:
CONSTITUTION OF
COMMISSION
R.S., c. 1 (4th Supp.), s. 44 (Sch. II,
item 16)(E); 1995, c. 29, s. 54(1) and s. 55(E)
287. (1) Subsections 3(1) to (3) of the Act are
replaced by the following:
Corporation continued
3. (1) The corporation called the National Capital Commission is continued, consisting of
fifteen members including a Chairperson and a Chief Executive
Officer.
Appointment of members
(2) Each member, other than the Chairperson and the
Chief Executive Officer, shall be appointed by the Minister, with the approval of the Governor in
Council, to hold office during pleasure for a term not exceeding four years
that will ensure, as far as possible, the expiration in any one year of the terms of office of
not more than one half of the members.
Appointment of Chairperson and Chief
Executive Officer
(3) The Chairperson and the Chief
Executive Officer shall each be appointed by the Governor in Council to hold office during pleasure for
a term that the Governor in Council considers appropriate.
Clause
287: (1) Existing text of subsections 3(1) to (3):
3. (1) There is hereby established a corporation, to be called the National Capital Commission, consisting of a
Chairperson, a Vice-Chairperson and thirteen other members.
(2) Each member,
other than the Chairperson and the Vice-Chairperson, shall be appointed by the Minister, with the approval of the
Governor in Council, to hold office during pleasure for such term not exceeding three years as will ensure, as far as
possible, the expiration in any one year of the terms of office of not more than one-half of the members.
(3) The
Chairperson and the Vice-Chairperson shall each be appointed by the Governor in Council to hold office during pleasure
for such term as the Governor in Council considers appropriate.
1995, c. 29, s. 54(2)
(2) The portion of subsection 3(4) of the
Act before paragraph (a) is replaced by the following:
Members
(4) The members, other than the Chairperson and
the Chief Executive Officer, shall be appointed as follows:
(2) Relevant portion of subsection
3(4):
(4) The members, other than the
Chairperson and Vice-Chairperson, shall be appointed as follows:
1995, c. 29, s. 55(E)
(3) Subsection 3(6) of the Act is
replaced by the following:
Re-appointment
(6) A person who has served two consecutive terms
as a member, other than as Chief Executive Officer, is not eligible to be re-appointed to the
Commission, during the twelve months following the completion of the person's second term, in the
same capacity in which the person served.
(3) Existing text of subsection
3(6):
(6) A person who has served two
consecutive terms as a member, other than Chairperson, is not, during the twelve months following the completion of his
second term, eligible to be re-appointed to the Commission in the same capacity in which the person
served.
288. Section 6 of the Act is replaced by
the following:
Absence or incapacity
6. In the event of the
absence or incapacity of the Chairperson or the Chief Executive Officer or of a vacancy in either office, the Board
shall authorize another member to act as such, but no person may act as such for a period exceeding sixty days without
the approval of the Governor in Council.
Clause
288: Existing text of section 6:
6. (1) The Chairperson is the chief executive officer of the Commission.
(2) If the
Chairperson is absent or unable to act or the office is vacant, the Vice-Chairperson has all the powers and may perform
all the functions of the Chairperson.
(3) The
Commission may authorize one of its members to act as Chairperson for the time being in the event that the Chairperson
and Vice-Chairperson are absent or unable to act or the offices of the Chairperson and Vice-Chairperson are
vacant.
1995, c. 29, s. 55(E)
289. Subsections 7(1) and (2) of the Act are
replaced by the following:
Salary of Chief Executive
Officer
7. (1) The
Chief Executive Officer shall be paid a salary to be fixed by the Governor in Council.
Remuneration of other members
(2) The Governor in Council may authorize the
payment of allowances or other remuneration to the Chairperson and to any other member having
special duties.
Clause
289: Existing text of subsections 7(1) and (2):
7. (1) The Chairperson shall be paid a salary to be fixed by the Governor in Council.
(2) The Governor
in Council may authorize the payment of allowances or other remuneration to the Vice-Chairperson and to any other
member having special duties.
1995, c. 29, s. 55(E)
290. Subsection 9(1) of the Act is replaced by
the following:
Executive Committee
9. (1) There shall
be an Executive Committee of the Commission consisting of the Chairperson, the Chief Executive
Officer and three other members to be appointed by the Commission, at least one of whom shall be from the
Province of Quebec.
Clause
290: Existing text of subsection 9(1):
9. (1) There shall be an Executive Committee of the Commission consisting of the Chairperson, the Vice-Chairperson and
three other members to be appointed by the Commission, at least one of whom shall be from the Province of
Quebec.
1995, c. 29, s. 55(E)
291. Section 22 of the Act is replaced by the
following:
Evidence
22. In a prosecution for
the contravention of any regulation made under subsection 20(1), a certificate stating that any property described
in it is under the control of the Commission and purporting to be certified by the Commission or
the Chief Executive Officer, General Manager, Chief Engineer, or Secretary of the Commission
shall be admitted in evidence without proof of the signature or official character of the person appearing to have
signed the certificate and without further proof and, in the absence of evidence to the contrary, is proof that the
property is under the control of the Commission.
Clause
291: Existing text of section 22:
22. In a prosecution for the contravention of any regulation made under subsection 20(1), a certificate stating that any
property described therein is under the control of the Commission and purporting to be certified by the Commission or
the Chairperson, General Manager, Chief Engineer, or Secretary of the Commission shall be admitted in evidence without
proof of the signature or official character of the person appearing to have signed the certificate and without further
proof thereof, and is proof, in the absence of evidence to the contrary, that the property is under the control of the
Commission.
R.S., c. P-14
Pilotage Act
292. (1) Subsection 3(3) of the
Pilotage Act is replaced by the following:
Other members
(3) Each of the other members
of an Authority shall be appointed by the Minister, with the approval of the Governor in Council, to hold office during
pleasure for a term, not exceeding four years, that
will ensure, as far as possible, the expiration in any one year of the terms of office of not more than one half of the
members.
Pilotage
Act
Clause
292: (1) and (2) Existing text of subsections 3(3) and (3.1):
(3) Each member, other than the
Chairman, of an Authority shall be appointed by the Minister, with the approval of the Governor in Council, to hold
office during pleasure for such term, not exceeding three years, as will ensure, as far as possible, the expiration in
any one year of the terms of office of not more than one-half of the members of the Authority.
(3.1) The Chairman and the
Vice-Chairman may be appointed to serve full-time or part-time.
1998, c. 10, s. 145(2)
(2) Subsection 3(3.1) of the English
version of the Act is replaced by the following:
Full- or part-time
(3.1) The Chairperson and the
Vice-Chairperson may be appointed to serve full-time or part-time.
293. Section 10 of the English version of
the Act is replaced by the following:
Vice-Chairperson
10. The Governor in
Council may appoint one of the members, other than the Chairperson, of an Authority to be
Vice-Chairperson.
Clause
293: Existing text of section 10:
10. The Governor in Council may appoint one of the members, other than the Chairman, of an Authority to be Vice-Chairman
thereof.
294. Subsection 13(2) of the English
version of the Act is replaced by the following:
When Vice-Chairperson to act
(2) In the event of the absence or incapacity of
the Chairperson of an Authority, or if the office of Chairperson is vacant,
the Vice-Chairperson, if any, of the Authority shall act as Chairperson.
Clause
294: Existing text of subsection 13(2):
(2) In the event of the absence or
incapacity of the Chairman of an Authority, or if the office of Chairman is vacant, the Vice-Chairman, if any, of the
Authority shall act as Chairman.
295. Subsections 14(1) and (2) of the
English version of the Act are replaced by the following:
Remuneration
14. (1) The
Chairperson and Vice-Chairperson of an Authority shall be paid remuneration
to be fixed by the Governor in Council.
Members' allowances
(2) A member, other than the Chairperson or Vice-Chairperson, of an Authority shall be paid a
daily allowance to be fixed by the Governor in Council for each day that the member is engaged on
the business of the Authority.
Clause
295: Existing text of subsections 14(1) and (2):
14. (1) The Chairman and Vice-Chairman of an Authority shall be paid such remuneration as may be fixed by the Governor
in Council.
(2) A member,
other than the Chairman or Vice-Chairman, of an Authority shall be paid such daily allowance as may be fixed by the
Governor in Council for each day that the member is engaged on the business of the Authority.
Replacement of references
296. The English version of the Act is amended
by replacing "Chairman" with "Chairperson" wherever it occurs in the following provisions:
(a)
subsections 3(1) and (2);
(b)
subsections 13(1) and (1.1);
(c)
subparagraph 17(1)(b)(i);
(d)
subsections 27(1) to (3); and
(e)
subsection 27(5).
1999, c. 34
Public Sector Pension Investment Board Act
2005, c. 30, s. 47
297. Subsection 3(6) of the Public Sector Pension Investment Board Act is replaced by the following:
Financial Administration Act
(6) Part X of the Financial Administration Act, except for sections 132 to 147 and
154.01, does not apply to the Board. For the purposes of those sections, any reference to section 131 of that
Act shall be read as a reference to section 35 of this Act.
Public
Sector Pension Investment Board Act
Clause
297: Existing text of subsection 3(6):
(6) Part X of the
Financial Administration Act, except
for sections 132 to 147, does not apply to the Board. For the purposes of those sections, any reference to section 131
of that Act shall be read as a reference to section 35 of this Act.
298. Subsection 9(1) of the Act is
replaced by the following:
Appointment of directors
9. (1) Each
director shall be appointed by the Governor in Council, on the recommendation of the Minister, to hold office during
good behaviour for a term, not exceeding four years, that will ensure, as
far as possible, the expiry in any one year of the terms of office of not more than one half of the directors.
Clause
298: Existing text of subsection 9(1):
9. (1) Each director shall be appointed by the Governor in Council, on the recommendation of the Minister, to hold
office during good behaviour for the term, not exceeding three years, that will ensure, as far as possible, the expiry
in any one year of the terms of office of not more than one half of the directors.
299. Section 27 of the Act is amended by
adding the following after subsection (1):
Restriction - audit committee
(1.1) None of the members of the audit committee
may be officers or employees of the Board or any of its affiliates, within the meaning of section 83 of the
Financial Administration Act.
Clause
299: New.
R.S., c. R-9
Royal Canadian Mint Act
R.S., c. 35 (3rd Supp.), s. 9
300. Section 11 of the Royal Canadian Mint Act is replaced by the following:
Appointment of directors
11. Each director, other
than the Chairperson and the Master of the Mint, shall be appointed by the Minister, with the
approval of the Governor in Council, to hold office during pleasure for a term not exceeding
four years that will ensure, as far as possible, the expiration in any one
year of the terms of office of not more than one half of the directors.
Royal
Canadian Mint Act
Clause
300: Existing text of section 11:
11. Each director, other than the Chairman and the Master of the Mint, shall be appointed by the Minister, with the
approval of the Governor in Council, to hold office during pleasure for such term not exceeding three years as will
ensure, as far as possible, the expiration in any one year of the terms of office of not more than one-half of the
directors.
R.S., c. S-16
Standards Council of Canada Act
301. Subsection 6(1) of the Standards Council of Canada Act is replaced by the following:
Appointment of members
6. (1) Each member
of the Council, other than the persons referred to in paragraphs 3(b) and
(c), shall be appointed by the Governor in Council, on the recommendation of
the Minister, to hold office during pleasure for a term not exceeding four
years that will ensure, as far as possible, the expiration in any one year of the terms of office
of not more than one half of the members.
Standards
Council of Canada Act
Clause
301: Existing text of subsection 6(1):
6. (1) Each member of the Council, other than the persons referred to in paragraphs 3(b) and (c), shall be appointed by the Governor in
Council, on the recommendation of the Minister, to hold office during pleasure for such term not exceeding three years
as will ensure, as far as possible, the expiration in any one year of the terms of office of not more than one half of
the members.
R.S., c. C-16; 2002, c. 17, s.
6
Telefilm Canada Act
302. Subsection 4(1) of the Telefilm Canada Act is replaced by the following:
Appointment and tenure of
office
4. (1) Each of the
members of the Corporation other than the Government Film Commissioner shall be appointed to hold office for a term of
four years.
Telefilm
Canada Act
Clause
302: Existing text of subsection 4(1):
4. (1) Each of the members of the Corporation, other than the Government Film Commissioner, shall be appointed to hold
office for a term of five years, except that, of those members first appointed, three shall be appointed for a term of
three years and three shall be appointed for a term of five years.
Coming into Force
Order in council
303. (1) Subject to subsection (2), sections
241 to 244, 246, 248 to
255 and 263, subsections 264(1) and (3) and sections
265 to 268, 271, 285 to
291 and 297 come into force on a day or days to be fixed by order of the
Governor in Council.
Order in council
(2) Subsection 264(2) comes into force, in accordance with subsection 114(4) of the Canada
Pension Plan, on a day to be fixed by order of the Governor in Council.
PROCUREMENT AND
CONTRACTING
R.S., c. A-17
Auditor General Act
2005, c. 30, s. 32
304. (1) The definitions "not-for-profit corporation" and "recipient corporation" in section 2 of the
Auditor General Act are repealed.
Auditor
General Act
Clause
304: (1) and (2) Existing text of the definitions:
"funding
agreement", in respect of a corporation, means an agreement in writing under which
the corporation receives funding from Her Majesty in right of Canada, either directly or through an agent or mandatary
of Her Majesty, including by way of a loan, but does not include a construction contract, a goods contract or a service
contract;
"not-for-profit
corporation" means a corporation no part of whose income is payable to or otherwise
available for the personal benefit of any of its members or shareholders;
"recipient corporation"
means any not-for-profit corporation, or any corporation without share capital, that has, in
any five consecutive fiscal years, received a total of $100,000,000 or more under one or more funding agreements, but
does not include any such corporation that is
(a) a Crown corporation,
(b) a departmental corporation as defined in section 2 of the Financial Administration Act,
(c) a municipality,
(d) a cooperative, other than a non-profit cooperative,
(e) a corporation that receives, on an ongoing basis, at least half of its funding from a
municipality or the government of a province or of a foreign state, or from any agency of a municipality or any such
government,
(f) a corporation that is controlled by a municipality or a government other than the
Government of Canada, or
(g) an international organization;
2005, c. 30, s. 32
(2) The definition "funding agreement" in section 2 of the Act is replaced by the following:
"funding agreement"
« accord de financement »
"funding agreement" has the meaning given to that expression by subsection 42(5) of the Financial Administration Act;
(3) Section 2 of
the Act is amended by adding the following in alphabetical order:
"recipient"
« bénéficiaire »
"recipient" has the
meaning given to that expression by subsection 42(5) of the Financial Administration
Act;
(3) New.
2005, c. 30, s. 33
305. (1) The portion of subsection 2.1(1) of the
Act before paragraph (a) is replaced by the following:
Control
2.1 (1) For the
purpose of paragraph (d) of the
definition "recipient" in subsection 42(5) of the Financial Administration Act, a municipality or government controls a corporation with
share capital if
Clause
305: (1) Relevant portion of subsection 2.1(1):
2.1 (1) For the purpose of paragraph (f) of the definition "recipient corporation" in section 2, a municipality or government
controls a corporation with share capital if
2005, c. 30, s. 33
(2) Subsection 2.1(2) of the Act is
replaced by the following:
Control
(2) For the purpose of paragraph (d) of the definition "recipient" in subsection 42(5) of the Financial Administration Act, a corporation
without share capital is controlled by a municipality or government if it is able to appoint the majority of the
directors of the corporation, whether or not it does so.
(2) Existing text of subsection
2.1(2):
(2) For the purpose of paragraph
(f) of the definition "recipient
corporation" in section 2, a corporation without share capital is controlled by a
municipality or government if it is able to appoint the majority of the directors of the corporation, whether or not it
does so.
306. The heading before section 5 of the
Act is replaced by the following:
POWERS AND DUTIES
Clause
306: Existing text of the heading:
DUTIES
2005, c. 30, s. 34
307. Subsection 7.1(1) of the Act is replaced by
the following:
Inquiry and report
7.1 (1) The Auditor
General may, with respect to any recipient, inquire into its use of funds received from Her Majesty in right of Canada
and inquire into whether
(a) the
recipient has failed to fulfil its obligations under any funding agreement;
(b) money the
recipient has received under any funding agreement has been used without due regard to economy
and efficiency;
(c) the
recipient has failed to establish satisfactory procedures to measure and report on the
effectiveness of its activities in relation to the objectives for which it received funding under any funding
agreement;
(d) the
recipient has failed to faithfully and properly maintain accounts and essential records in
relation to any amount it has received under any funding agreement; or
(e) money the
recipient has received under any funding agreement has been expended without due regard to the
environmental effects of those expenditures in the context of sustainable development.
Clause
307: Existing text of subsection 7.1(1):
7.1 (1) The Auditor General may, with respect to any recipient corporation, inquire into its use of funds received from
Her Majesty in right of Canada and inquire into whether
(a) the corporation has failed to fulfil its obligations under any funding
agreement;
(b) money the corporation has received under any funding agreement has been used without due
regard to economy and efficiency;
(c) the corporation has failed to establish satisfactory procedures to measure and report on
the effectiveness of its activities in relation to the objectives for which it received funding under any funding
agreement;
(d) the corporation has failed to faithfully and properly maintain accounts and essential
records in relation to any amount it has received under any funding agreement; or
(e) money the corporation has received under any funding agreement has been expended without
due regard to the environmental effects of those expenditures in the context of sustainable development.
308. The Act is amended by adding the
following after section 18:
IMMUNITIES
Immunity as witness
18.1 The Auditor General,
or any person acting on behalf or under the direction of the Auditor General, is not a competent or compellable witness
- in respect of any matter coming to the knowledge of the Auditor General or that person as a result of performing
audit powers, duties or functions under this or any other Act of Parliament during an examination or inquiry - in any
proceedings other than a prosecution for an offence under section 131 of the Criminal
Code (perjury) in respect of a statement made under this Act.
Protection from prosecution
18.2 (1) No
criminal or civil proceedings lie against the Auditor General, or against any person acting on behalf or under the
direction of the Auditor General, for anything done, reported or said in good faith in the course of the performance or
purported performance of audit powers, duties or functions under this Act.
Defamation
(2) For the purposes of any law relating to
defamation,
(a) anything said,
any information supplied or any document or thing produced in good faith by or on behalf of the Auditor General, in the
course of the performance or purported performance of audit powers, duties or functions under this Act, is privileged;
and
(b) any report
made in good faith by the Auditor General in the course of the performance or purported performance of audit powers,
duties or functions under this Act, and any fair and accurate account of the report made in good faith in a newspaper
or any other periodical publication or in a broadcast, is privileged.
Clause
308: New.
1996, c. 16
Department of Public Works and Government Services Act
309. The Department of Public Works and Government Services Act is amended by adding the following
after section 22:
PROCUREMENT AUDITOR
Appointment
22.1 (1) The
Governor in Council may appoint a Procurement Auditor for a term of not more than five years.
Remuneration and expenses
(2) The Procurement Auditor shall be paid the
remuneration and expenses that may be fixed by the Governor in Council.
General duties and functions
(3) The Procurement Auditor shall, in accordance
with the regulations,
(a) review the
practices of departments for acquiring materiel and services to assess their fairness, openness and transparency and
make any appropriate recommendations to the relevant department for the improvement of those practices;
(b) review any
complaint respecting the compliance with any regulations made under the Financial
Administration Act of the award of a contract for the acquisition of materiel or services by a department to
which the Agreement, as defined in section 2 of the Agreement on Internal Trade
Implementation Act, would apply if the value of the contract were not less than the amount referred to in
article 502 of that Agreement;
(c) review any
complaint respecting the administration of a contract for the acquisition of materiel or services by a department;
and
(d) ensure that an
alternative dispute resolution process is provided, on request of each party to such a contract.
Other duties and functions
(4) The Procurement Auditor shall also perform any
other duty or function respecting the practices of departments for acquiring materiel and services that may be assigned
to the Procurement Auditor by order of the Governor in Council or the Minister.
Person who may complain
22.2 (1) A person
may only file a complaint referred to in paragraph 22.1(3)(b) or (c) if that person is a Canadian supplier within the meaning of article 518 of the agreement
referred to in paragraph 22.1(3)(b) and meets any requirements prescribed by
the regulations.
Timing of complaint
(2) The complaint may only be filed after the award
of the contract to which the complaint relates.
Findings and recommendations
(3) The Procurement Auditor shall, within the
period after the complaint is filed that may be established by the regulations, provide the complainant, the relevant
minister and the Minister with the Procurement Auditor's findings and any recommendations.
Limitation
(4) The Procurement Auditor may not recommend the
cancellation of the contract to which the complaint relates.
Annual Report
22.3 (1) The
Procurement Auditor shall, within four months after the end of each fiscal year, deliver a report respecting the
activities of the Procurement Auditor in that year to the Minister.
Annual report to be laid
(2) The Minister shall cause a copy of the report
to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the
Minister receives the report.
Department
of Public Works and Government Services Act
Clause
309: New.
310. The Act is amended by adding the
following after section 23:
Regulations
23.1 The Governor in
Council may make regulations respecting
(a) the performing
of the duties and functions of the Procurement Auditor referred to in subsection 22.1(3), including the departments in
respect of which those duties and functions shall not be performed;
(b) the filing of
complaints referred to in paragraphs 22.1(3)(b) and (c), including any conditions that must be met before a complaint may be filed and the
manner in which it must be filed; and
(c) the types of
recommendations that the Procurement Auditor may make in response to the complaints and the time within which they must
be made.
Clause
310: New.
R.S., c. F-11
Financial Administration Act
Amendments to Act
311. The Financial Administration Act is amended by adding the following after section
39:
PART III.1
CONTRACTS
Financial
Administration Act
Clause
311: New.
1991, c. 24, s. 50 (Sch. II, item
10)(F)
312. (1) Section 40 of the French version of the
Act is replaced by the following:
Clause automatique des
contrats
40. Tout contrat prévoyant des paiements à effectuer par Sa Majesté est censé comporter une clause qui les subordonne
à l'existence d'un crédit particulier ouvert pour l'exercice au cours duquel des engagements découlant du contrat sont susceptibles d'arriver à échéance.
Clause
312: Existing text of section 40:
40. The registered parties that have the right to provide the returning officer with lists of names of suitable persons
to be appointed as election officers for the purposes of a by-election under subsection 29(1.1) of the
Parliament of Canada Act because of an
equality of votes are the same registered parties as those who had that right for the purposes of the election that
resulted in the equality of votes.
1991, c. 24, s. 50 (Sch. II, item
10)(F)
(2) Section 40 of the Act is renumbered
as subsection 40(1) and is amended by adding the following:
Public opinion research
(2) It is a term of every contract for public
opinion research entered into by any person with Her Majesty that a written report will be provided by that
person.
(2) New.
313. The Act is amended by adding the
following after section 40:
Commitment
40.1 The Government of
Canada is committed to taking appropriate measures to promote fairness, openness and transparency in the bidding
process for contracts with Her Majesty for the performance of work, the supply of goods or the rendering of
services.
Clause
313: New.
1991, c. 24, s. 50 (Sch. II, item
11)(F)
314. Subsection 41(1) of the French version of
the Act is replaced by the following:
Règlements sur les contrats
41. (1) Le
gouverneur en conseil peut, par règlement, régir les conditions de passation des contrats. Il
peut en outre, par dérogation aux autres lois fédérales :
a)
ordonner l'interdiction ou l'invalidation des contrats prévoyant un paiement qui dépasse un
plafond fixé par lui sans que lui-même ou le Conseil du Trésor ait approuvé leur passation;
b)
prendre par règlement des mesures touchant les cautionnements à fournir à Sa Majesté et au nom de celle-ci en garantie
de la bonne exécution des contrats.
Clause
314: Existing text of subsection 41(1):
41. (1) When a new electoral district is established, the Chief Electoral Officer shall transpose the results from the
previous general election to the polling divisions that are in the new electoral district in order to determine which
registered parties' candidates have the right to provide the returning officer with lists of persons to be appointed as
election officers.
315. The Act is amended by adding the
following after section 41:
Regulations - deemed terms of
contracts
42. (1) The
Governor in Council may make regulations fixing terms that are deemed to be expressly set out in contracts, or classes
of contracts, that provide for the payment of any money by Her Majesty - or in documents, or classes of documents,
relating to such contracts and their formation - including terms
(a) prohibiting
payment of a contingency fee by any party to the contract to a person to whom the Lobbyists Registration Act applies;
(b) respecting
corruption and collusion in the bidding process for contracts for the performance of work, the supply of goods or the
rendering of services;
(c) requiring that
a bidder on a contract for the performance of work, the supply of goods or the rendering of services make a declaration
that the bidder has not committed an offence under section 121, 124 or 418 of the Criminal Code; and
(d) respecting the
provision of information or records to enable the Auditor General of Canada to inquire into the use of funds provided
under funding agreements.
Powers of Auditor General
(2) Regulations made under subsection (1) may not
infringe on the powers of the Auditor General under section 7.1 of the Auditor
General Act.
Regulations - public opinion
research
(3) The Governor in Council may, in respect of
contracts for public opinion research, make regulations
(a) prescribing
the form and content of the term of the contract and of the written report referred to in subsection 40(2);
and
(b) requiring the
report to be made available to the public in the manner, and subject to the conditions, specified in the
regulations.
Definitions
(4) The following definitions apply in this
section.
"funding agreement"
« accord de financement »
"funding
agreement", in respect of a recipient, means an agreement in writing under which the recipient
receives funding from Her Majesty in right of Canada or a Crown corporation, either directly or through an agent or
mandatary of Her Majesty, including by way of loan, but excludes contracts for the performance of work, the supply of
goods or the rendering of services.
"recipient"
« bénéficiaire »
"recipient"
means an individual, body corporate, partnership or unincorporated organization that has, in any five
consecutive fiscal years, received a total of one million dollars or more under one or more funding agreements, but
does not include
(a) a Crown
corporation;
(b) a departmental
corporation;
(c) the government
of a foreign state, a provincial government, a municipality or an aboriginal body named in Schedule VII, or any of
their agencies;
(d) a corporation
that is controlled by a municipality or a government other than the Government of Canada; or
(e) an
international organization.
Clause
315: New.
Coordinating Amendment
316. On the day on which section
66 of this Act comes into force, paragraph 42(1)(a) of
the Financial Administration Act is replaced by the following:
(a)
prohibiting payment of a contingency fee by any party to the contract to a person to whom the Lobbying Act applies;
Coming into Force
Order in council
317. (1) Sections 309 and
310 come into force on a day or days to be fixed by order of the Governor in
Council.
Order in council
(2) Notwithstanding subsection 114(4) of
the Canada Pension Plan, section 315
comes into force on the day on which this Act is assented to, but that section does not apply in respect of the Canada
Pension Plan Investment Board unless the lieutenant governor in council of each of at least two thirds of the included
provinces, within the meaning of subsection 114(1) of that Act, having in the aggregate not less than two thirds of the
population of all of the included provinces, has signified the consent of that province to the amendment made by that
section.
Accountability - Schedule
SCHEDULE
(Section
272)
SCHEDULE VI
(Sections 3 and
16.3 to 16.5)
PART I
Department of Agriculture and
Agri-Food
Ministère de
l'Agriculture et de l'Agroalimentaire
Department of Canadian
Heritage
Ministère du
Patrimoine canadien
Department of Citizenship and
Immigration
Ministère de la
Citoyenneté et de l'Immigration
Department of the
Environment
Ministère de
l'Environnement
Department of Finance
Ministère des
Finances
Department of Fisheries and
Oceans
Ministère des
Pêches et des Océans
Department of Foreign Affairs and
International Trade
Ministère des
Affaires étrangères et du Commerce international
Department of Health
Ministère de la
Santé
Department of Human Resources and
Skills Development
Ministère des
Ressources humaines et du Développement des compétences
Department of Indian Affairs and
Northern Development
Ministère des
Affaires indiennes et du Nord canadien
Department of Industry
Ministère de
l'Industrie
Department of Justice
Ministère de la
Justice
Department of National
Defence
Ministère de la
Défense nationale
Department of Natural
Resources
Ministère des
Ressources naturelles
Department of Public Safety and
Emergency Preparedness
Ministère de la
Sécurité publique et de la Protection civile
Department of Public Works and
Government Services
Ministère des
Travaux publics et des Services gouvernementaux
Department of Social
Development
Ministère du
Développement social
Department of Transport
Ministère des
Transports
Department of Veterans
Affairs
Ministère des
Anciens Combattants
Department of Western Economic
Diversification
Ministère de la
Diversification de l'économie de l'Ouest canadien
PART II
PART III
Accountability - Schedule
SCHEDULE VII
(Section
42)
1. Crees and Naskapis of
Quebec
2. Sechelt Indian
Band
3. Vuntut Gwitchin First
Nation
4. Teslin Tlingit
Council
5. Champagne and Aishihik
First Nations
6. Tr'onkëk
Hwëch'in
7. First Nation of Nacho
Nyak Dun
8. Little Salmon/Carmacks
First Nation
9. Carcross/Tagish First
Nation
10. Kwanlin Dun First
Nation
11. Kluane First
Nation
12. Selkirk First
Nation
13. Ta'an Kwach'an
Council
14. Nisga'a Nation
15. Westbank First
Nation
16. Tlicho First
Nation
17. Labrador Inuit
Association
|
|