  Federal Accountability Act - Text of Bill C-2
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
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