GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Conflict of Interest Act — C-36.65 35
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.
Conflict of Interest Act — C-36.65 36
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.
Conflict of Interest Act — C-36.65 37
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. 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. 2006, c. 9, ss. 2 "37", 36
Conflict of Interest Act — C-36.65 38
Exemption 38 (1) The Commissioner may, on application, 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. 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 ministerial 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 office of a minister of the Crown or a minister of state; and (d) the person’s salary level was not commensurate with the person having an important role in that office. Notice of decision (3) The decision made by the Commissioner shall be communicated in writing to the person who applied for the exemption. Publication (4) If the Commissioner has granted an exemption in accordance with this section, the Commissioner shall publish the decision and the reasons in the public registry maintained under section 51.
Conflict of Interest Act — C-36.65 39
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.
Conflict of Interest Act — C-36.65 40
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.
Conflict of Interest Act — C-36.65 41
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).
Conflict of Interest Act — C-36.65 42
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 section 39 affects any obligation or prohibition that applies to that person under the Lobbying Act . 2006, c. 9, ss. 2 "42", 35
Conflict of Interest Act — C-36.65 43
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.
Conflict of Interest Act — C-36.65 44
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 for believing a contravention has occurred. Confidentiality (5) 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, 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. Referral to Speaker (6) Where the Commissioner is of the opinion that a member of the Senate or House of Commons has failed to comply with the confidentiality provision of subsection (5), the Commissioner may refer the matter, in confidence, to the Speaker of the Senate or House of Commons. Report (7) 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 (8) The Commissioner shall, at the same time that the report is provided under subsection (7), 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 (9) The Commissioner may not include in the report any information that he or she is required to keep confidential.
Conflict of Interest Act — C-36.65 45
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.
Conflict of Interest Act — C-36.65 46
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.
Conflict of Interest Act — C-36.65 47
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.
Conflict of Interest Act — C-36.65 48
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.
Conflict of Interest Act — C-36.65 49
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.
Conflict of Interest Act — C-36.65 50
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 of the Parliament of Canada Act .
Conflict of Interest Act — C-36.65 51
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); (c.1) decisions on exemption applications under section 38 and the accompanying reasons; (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 and a public declaration is made in respect of that recusal under subsection 25(1) or section 30, (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 Foreign Interference and 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 Foreign Interference and 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. 2006, c. 9, s. 2 “51” 2024, c. 16, s. 57
Conflict of Interest Act — C-36.65 52
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).
Conflict of Interest Act — C-36.65 53
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.
Conflict of Interest Act — C-36.65 54
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.
Conflict of Interest Act — C-36.65 55
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.
Conflict of Interest Act — C-36.65 56
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.
Conflict of Interest Act — C-36.65 57
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.
Conflict of Interest Act — C-36.65 58
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.
Conflict of Interest Act — C-36.65 59
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.
Conflict of Interest Act — C-36.65 60
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.
Conflict of Interest Act — C-36.65 61
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.
Conflict of Interest Act — C-36.65 62
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.
Conflict of Interest Act — C-36.65 62.1
Minister designating public office holder 62.1 (1) The appropriate minister of the Crown may designate a full-time ministerial appointee as a public office holder for the purpose of paragraph (e) of the definition public office holder in subsection 2(1). Minister designating reporting public office holder (2) The appropriate minister of the Crown may designate a full-time ministerial appointee who is a public office holder as a reporting public office holder for the purpose of paragraph (f) of the definition reporting public office holder in subsection 2(1). 2013, c. 40, s. 289
Conflict of Interest Act — C-36.65 62.2
Governor in Council designating public office holder 62.2 (1) The Governor in Council may, by order, designate any person or class of persons as public office holders for the purpose of paragraph (e) of the definition public office holder in subsection 2(1). Governor in Council designating reporting public office holder (2) The Governor in Council may, by order, designate any person who is a public office holder or any class of persons who are public office holders as reporting public office holders for the purpose of paragraph (f) of the definition reporting public office holder in subsection 2(1). 2013, c. 40, s. 289