GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Parliament of Canada Act — P-1 19.5
Regulations 19.5 (1) The Committee may make regulations (a) governing the use by senators of funds, goods, services and premises made available to them for the carrying out of their parliamentary functions; (b) prescribing the terms and conditions of the management of, and accounting for, by senators, of funds referred to in paragraph (a); and (c) respecting all such things as are necessary or incidental to the exercise of its powers and the carrying out of its functions. Chairman to table regulations (2) The Chairman of the Committee shall table before the Senate the regulations made under this section on any of the first thirty days after the making thereof. Chairman to make regulations available (3) When the Senate is not sitting, the Chairman of the Committee shall cause the regulations made under this section to be deposited with the Clerk of that House and such regulations shall thereupon be deemed to have been tabled before the Senate. Coming into force (4) Subject to subsection (5), regulations made under this section come into force on such day as may be fixed by resolution of the Senate. Earlier effect (5) Regulations made and tabled under this section during a period of prorogation or dissolution of Parliament have effect without a resolution of the Senate until the end of the thirtieth sitting day of the session of Parliament immediately following the prorogation or dissolution, unless they are earlier rescinded by the Senate. Regulations not statutory instruments (6) Regulations made under this section shall be deemed not to be statutory instruments for the purposes of the Statutory Instruments Act . 1991, c. 20, s. 1
Parliament of Canada Act — P-1 19.6
Exclusive authority 19.6 (1) The Committee has the exclusive authority to determine whether any previous, current or proposed use by a senator of any funds, goods, services or premises made available to that senator for the carrying out of parliamentary functions is or was proper, given the discharge of the parliamentary functions of senators, including whether any such use is or was proper having regard to the intent and purpose of the regulations made under subsection 19.5(1). Senator may apply (2) Any senator may apply to the Committee for an opinion with respect to any use by that senator of any funds, goods, services or premises referred to in subsection (1). 1991, c. 20, s. 1
Parliament of Canada Act — P-1 19.7
Opinion during investigation 19.7 (1) During any investigation by a peace officer in relation to the use by a senator of funds, goods, services or premises referred to in subsection 19.6(1), the peace officer may apply to the Committee for, or the Committee may, on its own initiative, provide the peace officer with, an opinion concerning the propriety of such use. Opinion to be considered (2) Where an opinion is provided to a peace officer pursuant to subsection (1) and where an application for a process is made to a judge, the judge shall be provided with the opinion and shall consider it in determining whether to issue the process. Definition of process (3) For the purposes of this section, process means (a) an authorization to intercept a private communication under section 185, (b) an order for a special warrant under section 462.32 or 462.321, (c) an order for a search warrant under section 487, (d) a restraint order under section 462.33, (e) the laying of an information under section 504 or 505, (f) a summons or an arrest warrant under section 507, or (g) the confirmation of an appearance notice or undertaking under section 508 of the Criminal Code . Issuance of process by judge (4) The issuance of a process referred to in paragraphs (3)(c), (e), (f) and (g) that is based on the use by a senator of any funds, goods, services or premises made available to that senator for the carrying out of parliamentary functions shall be authorized by a judge of a provincial court within the meaning of section 2 of the Criminal Code . 1991, c. 20, s. 1 2019, c. 25, s. 389 2023, c. 26, s. 221
Parliament of Canada Act — P-1 19.8
General opinions 19.8 In addition to issuing opinions under section 19.6, the Committee may issue general opinions regarding the proper use of funds, goods, services and premises within the intent and purpose of the regulations made under subsection 19.5(1). 1991, c. 20, s. 1
Parliament of Canada Act — P-1 19.9
Comments may be included 19.9 (1) The Committee may include in its opinions any comments that the Committee considers relevant. Publication of opinions (2) Subject to subsection (3), the Committee may publish, in whole or in part, its opinions for the guidance of senators. Privacy and notification (3) Subject to subsection (4), the Committee shall take the necessary measures to assure the privacy of any senator who applies for an opinion and shall notify the senator of its opinion. Making opinions available (4) For the purposes of subsection 19.7(1), the Committee may, if it considers it appropriate to do so, make any of its opinions, including opinions issued under section 19.6, available to the peace officer. 1991, c. 20, s. 1
Parliament of Canada Act — P-1 20
Expenditure for service of Senate 20 (1) Credits for all sums voted by Parliament and payable in respect of allowances to members of the Senate as provided in Part IV and in respect of other expenditure for the service of the Senate shall issue from time to time. Credits on banks of Canada (2) Credits referred to in subsection (1) shall issue on one of the banks of Canada in favour of the Clerk of the Senate and the assistant accountant of the Senate, or such other persons as the Speaker of the Senate from time to time designates for the purpose. Clerk to apply for credits (3) The Clerk of the Senate shall, by an order signed by the Clerk, apply for such credits as the Clerk deems necessary. R.S., c. S-8, s. 47
Parliament of Canada Act — P-1 20.1
Appointment 20.1 The Governor in Council shall, by commission under the Great Seal, appoint a Senate Ethics Officer after consultation with the Leader of the Government in the Senate or Government Representative in the Senate, the Leader of the Opposition in the Senate and the Leader or Facilitator of every other recognized party or parliamentary group in the Senate and after approval of the appointment by resolution of the Senate. 2004, c. 7, s. 2 2022, c. 10, s. 239
Parliament of Canada Act — P-1 20.2
Tenure 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. 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. 2004, c. 7, s. 2; 2006, c. 9, s. 112
Parliament of Canada Act — P-1 20.3
Remuneration 20.3 (1) The Senate Ethics Officer shall be paid the remuneration set by the Governor in Council. Expenses (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. Functions — part-time (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. Functions — full-time (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. 2004, c. 7, s. 2
Parliament of Canada Act — P-1 20.4
Deputy head 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. Powers to contract (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. Staff (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. Authorization (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. Salaries (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. Payment (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. Estimates to be prepared (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. Inclusion in Government estimates (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. 2004, c. 7, s. 2
Parliament of Canada Act — P-1 20.5
Duties and functions 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. Privileges and immunities (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. General direction of committee (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. Conflict of Interest Act (4) For greater certainty, the administration of the Conflict of Interest Act in respect of public office holders who are 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. 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. 2004, c. 7, s. 2; 2006, c. 9, s. 26
Parliament of Canada Act — P-1 20.6
No summons 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. Protection (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. Clarification (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. 2004, c. 7, s. 2
Parliament of Canada Act — P-1 20.7
Annual report 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. Confidentiality (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. 2
Parliament of Canada Act — P-1 21
Nomination for one electoral district only 21 No person shall be nominated and consent to be nominated so as to be a candidate for election as a member of the House of Commons for more than one electoral district at the same time and, if any person is nominated contrary to this section and consents thereto, all the nominations are void. R.S., c. H-9, s. 14
Parliament of Canada Act — P-1 22
Ineligibility of member of provincial legislature 22 (1) No person who, on the day of the nomination at any election to the House of Commons, is a member of the legislature of any province is eligible to be a member of the House of Commons or is capable of being nominated or voted for at that election or of being elected to, or of sitting or voting in, the House of Commons. Election void (2) If any person declared ineligible by subsection (1) is elected and returned as a member of the House of Commons, the election of that person is void. R.S., c. H-9, s. 2
Parliament of Canada Act — P-1 23
Member elected to provincial legislature 23 (1) If any member of the House of Commons is elected and returned to the legislature of any province and accepts the seat, that member’s election as a member of the House of Commons thereupon becomes void, the seat of that member is vacated and a writ shall issue forthwith for the election of a member to fill the vacancy. If elected or appointed without knowledge (2) A member of the House of Commons elected to the legislature of any province without the member’s knowledge or consent shall continue to hold a seat in the House of Commons, as if no such election had been made, if the member, without taking a seat in that legislature and within ten days after being notified of the election thereto or, in the event of the member’s absence from the province at the time, within ten days after arriving within the province, resigns the seat in that legislature and notifies the Speaker of the House of Commons of the resignation. R.S., c. H-9, ss. 3, 4
Parliament of Canada Act — P-1 24
Penalty for person ineligible sitting or voting 24 (1) Any person who is, by this Division, declared ineligible to be a member of the House of Commons or incapable of sitting or voting therein and who nevertheless sits or votes in the House shall forfeit the sum of two thousand dollars for each day on which the person so sits or votes. Recovery of penalty (2) A sum forfeited under subsection (1) may be recovered by any person who sues for it, by action in any form allowed by law in the province in which the action is brought, in any court having jurisdiction. R.S., c. H-9, s. 5
Parliament of Canada Act — P-1 25
Resignation in House or by declaration to Speaker 25 (1) Any person holding a seat in the House of Commons may resign the seat (a) by giving, in that person’s place in the House, notice of intention to resign, in which case the Speaker of the House shall, immediately after entry of that notice by the Clerk of the House on the journals thereof, address a warrant under the hand and seal of the Speaker to the Chief Electoral Officer for the issue of a writ for the election of a new member in the place of that person; or (b) by addressing and causing to be delivered to the Speaker of the House, either during a session of Parliament or in the interval between two sessions thereof, a declaration of intention to resign made in writing under the hand and seal of that person before two witnesses, in which case the Speaker shall, on receiving the declaration, forthwith address a warrant under the hand and seal of the Speaker to the Chief Electoral Officer for the issue of a writ for the election of a new member in the place of that person. Entry in journals (2) An entry of the declaration delivered under paragraph (1)(b) shall be thereafter made in the journals of the House of Commons. R.S., c. H-9, s. 6
Parliament of Canada Act — P-1 26
Proceedings where Speaker absent 26 (1) If any person holding a seat in the House of Commons wishes to resign the seat in the interval between two sessions of Parliament and if there is then no Speaker of the House, the Speaker is absent from Canada or that person is the Speaker, the person may address and cause to be delivered to any two members of the House a declaration of intention to resign described in section 25. Warrant for election writ (2) On receiving the declaration pursuant to subsection (1), the two members shall forthwith address their warrant, under their hands and seals, to the Chief Electoral Officer for the issue of a writ for the election of a new member in the place of the person making that declaration. R.S., c. H-9, s. 7
Parliament of Canada Act — P-1 27
Effect of resignation 27 (1) Any person holding a seat in the House of Commons who tenders a resignation of the seat in any manner provided in section 25 or 26 is deemed to have vacated the seat and ceases to be a member of the House. When member not to resign (2) A person holding a seat in the House of Commons shall not tender a resignation of the seat while the election of that person as a member of the House is lawfully contested or until after the expiration of the time during which the election may by law be contested on grounds other than corruption or bribery. R.S., c. H-9, ss. 8, 9
Parliament of Canada Act — P-1 28
Vacancy in House of Commons 28 (1) If a vacancy occurs in the House of Commons by reason of the death of a member of the House or the acceptance of an office by a member of the House, or as a result of the contestation of the election of a member of the House under Part 20 of the Canada Elections Act , the Speaker of the House shall, without delay, on being informed of the vacancy by any member of the House in the member’s place or by written notice signed by any two members of the House, or on receipt of the final decision on the contestation of the election, address a warrant of the Speaker to the Chief Electoral Officer for the issue of a writ for the election of a member to fill the vacancy. Proceedings where Speaker absent (2) If, when a vacancy occurs as described in subsection (1), or at any time thereafter, before the warrant of the Speaker for a writ has issued, there is no Speaker of the House, the Speaker is absent from Canada or the member whose seat is vacated is the Speaker, any two members of the House may address their warrant, under their hands and seals, to the Chief Electoral Officer for the issue of a writ for the election of a member to fill that vacancy. R.S., 1985, c. P-1, s. 28; 2000, c. 9, s. 561
Parliament of Canada Act — P-1 29
Vacancy before Parliament meets after a general election 29 (1) A warrant may issue to the Chief Electoral Officer for the issue of a writ for the election of a member of the House of Commons to fill any vacancy that, after a general election and before the first session of Parliament thereafter, occurs by reason of the death of, or the acceptance of an office by, any member of the House. Deemed vacancy (1.1) A warrant may be issued to the Chief Electoral Officer for the issue of a writ for the election of a member of the House of Commons to fill any vacancy that is deemed to occur where a report sent under paragraph 318(a) of the Canada Elections Act is received stating that no candidate was declared elected in the electoral district because of the equality of votes. Deemed by-election (1.2) An election held in the circumstances set out in subsection (1.1) is deemed to be a by-election. When writ may be issued (2) A writ may be issued (a) in the case of a writ referred to in subsection (1), at any time after the death or acceptance of office by a member; and (b) in the case of a writ referred to in subsection (1.1), at any time after the receipt of the report referred to in that subsection. R.S., 1985, c. P-1, s. 29; 2000, c. 9, s. 562
Parliament of Canada Act — P-1 30
Effect of election 30 (1) The election to be held under a writ issued pursuant to section 29 does not in any manner affect the rights of any person entitled to contest the election (in this section referred to as the “previous election”), at the general election referred to in subsection 29(1), of the member by reason of whose death or acceptance of office the vacancy occurs. (2) and (3) [Repealed, 2000, c. 9, s. 563] R.S., 1985, c. P-1, s. 30; 2000, c. 9, s. 563
Parliament of Canada Act — P-1 31
Issuance of election writ 31 (1) Where a vacancy occurs in the House of Commons, a writ shall be issued between the 11th day and the 180th day after the receipt by the Chief Electoral Officer of the warrant for the issue of a writ for the election of a member of the House. Exception (1.1) Despite subsection (1), no writ for the election of a member of the House shall be issued if the vacancy occurs in the House of Commons less than nine months before the date fixed under subsection 56.1(2) of the Canada Elections Act for the holding of a general election. Exception (2) This section does not apply where the vacancy in respect of which the warrant has issued occurs within six months of the expiration of the time limited for the duration of the House of Commons. Dissolution after issue of writ (3) If Parliament is dissolved after the issue of a writ in accordance with this section, the writ shall thereupon be deemed to have been superseded and withdrawn. R.S., 1985, c. P-1, s. 31; 1996, c. 35, s. 87.1; 2000, c. 9, s. 564(F) 2018, c. 31, s. 378
Parliament of Canada Act — P-1 32
Ineligibility 32 (1) Except as specially provided in this Division, (a) no person accepting or holding any office, commission or employment, permanent or temporary, in the service of the Government of Canada, at the nomination of the Crown or at the nomination of any of the officers of the Government of Canada, to which any salary, fee, wages, allowance, emolument or profit of any kind is attached, and (b) no sheriff, registrar of deeds, clerk of the peace or county crown attorney in any of the provinces, is eligible to be a member of the House of Commons or shall sit or vote therein. Exception (2) Nothing in subsection (1) renders ineligible to be a member of the House of Commons, or disqualifies from sitting or voting therein, any person described in paragraph (a) of that subsection, if it is, by the commission or other instrument of appointment of the person, declared or provided that the person shall hold his office, commission or employment without any salary, fee, wages, allowance, emolument or other profit of any kind attached thereto. R.S., c. S-8, ss. 10, 11