First Session, Thirty-ninth Parliament,
55 Elizabeth II, 2006
STATUTES OF CANADA 2006CHAPTER 9
An Act providing for conflict of interest rules, restrictions on election financing and measures respecting administrative transparency, oversight and accountability
ASSENTED TO
12th DECEMBER, 2006
BILL C-2
RECOMMENDATION
Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act providing for conflict of interest rules, restrictions on election financing and measures respecting administrative transparency, oversight and accountability”.
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. The amendments also provide that, in the event of a prosecution, a committee of the House of Commons may issue an opinion that is to be provided to the judge before whom the proceedings are held.
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.
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 House of Commons about the estimates of the government, the state of the nation’s finances and trends in the national economy, to undertake research into those things 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 Director 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 ensure that all parent Crown corporations, and their wholly-owned subsidiaries, within the meaning of section 83 of the Financial Administration Act are encompassed by the definition “government institution” in section 3 of the Access to Information Act and to add five officers, five foundations and the Canadian Wheat Board to Schedule I of that Act. It adjusts some of the exemption provisions accordingly and includes new exemptions or exclusions relating to the added officers and the Crown corporations. It empowers the Governor in Council to prescribe criteria for adding a body or an office to Schedule I and requires Ministers to publish annual reports of all expenses incurred by their offices and paid out of the Consolidated Revenue Fund. It adds any of those same officers and foundations that are not already included in the schedule to the Privacy Act to that schedule, ensures that all of those parent Crown corporations and subsidiaries are encompassed by the definition “government institution” in section 3 of that Act, and makes other consequential amendments to that 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 only 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; and
(e) permit the Public Sector Integrity Commissioner to provide access to legal advice relating to the Act.
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 committees 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 the 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.
Also available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca
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
PART 1
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.       Prohibitions after leaving office
34.       Previously acting for Crown
Rules for Former 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
67.       Review
Transitional Provisions
3.       Positions
3.1       Reference to Act
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 designated public office holders
88.1       Five-year prohibition — lobbying
88.2       Publication
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.       Order in council
PART 2
SUPPORTING PARLIAMENT
Access to Information Act
109.       Amendments
Auditor General Act
110.       Amendments
Official Languages Act
111.       Amendments
Parliament of Canada Act
Amendments to Act
112-116.       Amendments
Coordinating Amendments
117.       Coordinating Amendments
Privacy Act
118.       Amendments
Public Servants Disclosure Protection Act
119.       Amendments
Transitional Provision
120.       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
121.       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 committee
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.       Directives not statutory instruments
ISSUES OF GENERAL OR PUBLIC INTEREST
13.       Duty to inform
14.       Intervention
ASSUMING CONDUCT OF PROSECUTION
15.       Taking conduct of prosecution
ANNUAL REPORT
16.       Annual report
Transitional Provisions
122.       Definition of “other Act”
123.       Acting Director
124.       Transfer of employees
125.       Non-employed federal prosecutors
126.       Transfer of appropriations
127.       Continuation of prosecutions
128.       Election-related prosecutions
Consequential Amendments
129.       Access to Information Act
130-136.       Canada Elections Act
137.       Department of Justice Act
138-139.       Financial Administration Act
140.       Privacy Act
Access to Information Act
Amendments to Act
141-172.01       Amendments
Consequential Amendment
172.1       Canadian Wheat Board Act
Canada Elections Act
Amendments to Act
173-177.       Amendments
Transitional Provisions
178.       Incumbent returning officers
Export Development Act
179.       Amendment
Library and Archives of Canada Act
179.1-180.       Amendments
Privacy Act
181-193.       Amendments
Public Servants Disclosure Protection Act
Amendments to Act
194-225.       Amendments
Coordinating Amendment
226.       Coordinating Amendment
Salaries Act
227.       Amendment
Coming into Force
228.       Order in council
PART 4
ADMINISTRATIVE OVERSIGHT AND ACCOUNTABILITY
Business Development Bank of Canada Act
229.       Amendment
Canada Council for the Arts Act
230.       Amendment
Canada Mortgage And Housing Corporation Act
231-233.       Amendments
Canada Post Corporation Act
234-236.       Amendments
Canada Revenue Agency Act
237.       Amendment
Canadian Commercial Corporation Act
238.       Amendment
Canadian Dairy Commission Act
Amendments to Act
239-241.       Amendments
Transitional Provision
242.       Transitional — Chairman
Canadian Race Relations Foundation Act
243-244.       Amendments
Canadian Tourism Commission Act
244.1-244.2       Amendments
Cape Breton Development Corporation Act
245.       Amendment
Criminal Code
246.       Amendment
Enterprise Cape Breton Corporation Act
Amendments to Act
247-252.       Amendments
Transitional Provision
253.       Transitional — Vice-President
Export Development Act
254.       Amendment
Farm Credit Canada Act
255-256.       Amendments
Financial Administration Act
Amendments to Act
257-270.       Amendments
Coordinating Amendments
271.       Commissioner of Lobbying
272.       Commissioner of Lobbying
273.       Director of Public Prosecutions
274.       2005, c. 46
275.       2005, c. 46
Freshwater Fish Marketing Act
276-278.       Amendments
Museums Act
279.       Amendment
National Arts Centre Act
280-282.       Amendments
National Capital Act
283-289.       Amendments
Pilotage Act
290-294.       Amendments
Public Sector Pension Investment Board Act
295-297.       Amendments
Royal Canadian Mint Act
298.       Amendment
Standards Council of Canada Act
299.       Amendment
Coming into Force
300.       Order in council
PART 5
PROCUREMENT AND CONTRACTING
Auditor General Act
301-305.       Amendments
Department of Public Works and Government Services Act
306-307.       Amendments
Financial Administration Act
Amendments to Act
308-312.       Amendments
Coordinating Amendment
313.       Coordinating Amendment
Coming into Force
314.       Order in council
SCHEDULE
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55 ELIZABETH II
——————
CHAPTER 9
An Act providing for conflict of interest rules, restrictions on election financing and measures respecting administrative transparency, oversight and accountability
[Assented to 12th December, 2006]
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;
(d.1) a ministerial appointee whose appointment is approved by the Governor in Council; 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, but does not include the Senate or the House of Commons.
“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, or a ministerial appointee whose appointment is approved by the Governor in Council, 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, or a ministerial appointee whose appointment is approved by the Governor in Council, 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.
Abstention from voting
(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 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.
Public sector entity — ministers
(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.
Other ministers or party colleagues
(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 the general public.
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
(2) Despite paragraph (1)(c), a reporting public office holder who is a director or officer 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 reporting 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 reporting 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 discussion, 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 a public sector entity 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 Declaration
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, within 60 days after the day on which the recusal took place, 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 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) 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.
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 section 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 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.
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 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);
(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 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. (1) Subject to subsection 6(2) and sections 21 and 30, nothing in this Act prohibits a member of the Senate or the House of Commons who is a public office holder or former public office holder from engaging in those activities that he or she would normally carry out as a member of the Senate or the House of Commons.
Rights, etc. not affected
(2) Subject to subsection 6(2) and sections 21 and 30, nothing in this Act abrogates or derogates from any of the privileges, immunities and powers referred to in section 4 of the Parliament of Canada Act.
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.
Review
67. (1) Within five years after this section comes into force, a comprehensive review of the provisions and operation of this Act shall be undertaken by such committee of the Senate, of the House of Commons or of both Houses of Parliament as may be designated or established by the Senate or the House of Commons, or by both Houses of Parliament, as the case may be, for that purpose.
Report to Parliament
(2) The committee referred to in subsection (1) shall, within a year after a review is undertaken pursuant to that subsection or within such further time as may be authorized by the Senate, the House of Commons or both Houses of Parliament, as the case may be, submit a report on the review to Parliament, including a statement of any changes that the committee recommends.
Transitional Provisions
Positions
3. (1) An employee who occupies a position in 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 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 Ethics Commissioner in any deed, contract, agreement, instrument or other document executed by that 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 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 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 Ethics Commissioner relating to the exercise of his or her 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 Counsellor 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 person or obligation 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 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, make a request to the Conflict of Interest and Ethics Commissioner in accordance with section 44 of the Conflict of Interest Act.
Reference to Act
3.1 (1) In this section, 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.
Five-year prohibition — lobbying
(2) If, on the day on which section 27 of this Act comes into force, section 10.11 of the other Act, as enacted by section 75 of this Act, is not yet in force, persons who would otherwise be bound by section 29 of the Conflict of Interest and Post-Employment Code for Public Office Holders by virtue of their office and who cease to hold that office on or after that day but before the day on which that section 10.11 comes into force, are subject to the obligations established by section 29 of that Code, despite the coming into force of section 27 of this Act.
Jurisdiction of registrar
(3) The registrar referred to in section 8 of the other Act has, with respect to the persons and obligations referred to in subsection (2), the same powers, duties and functions that the Ethics Commissioner would have in relation to those persons and obligations if section 27 of this Act were not in force.
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 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, the Senate Ethics Officer or the Conflict of Interest and Ethics Commissioner with respect to the exercise of the jurisdiction or powers referred to in section 86 of the Parliament of Canada Act.
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;
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 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 Conflict of Interest and 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, office of the Senate Ethics Officer and office of the Conflict of Interest and 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.
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, OFFICE OF THE SENATE ETHICS OFFICER AND OFFICE OF THE CONFLICT OF INTEREST AND 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, office of the Senate Ethics Officer 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, office of the Senate Ethics Officer or office of the Conflict of Interest and 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, office of the Senate Ethics Officer 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
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, office of the Senate Ethics Officer 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, office of the Senate Ethics Officer 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, office of the Senate Ethics Officer 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, office of the Senate Ethics Officer 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, office of the Senate Ethics Officer 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, office of the Senate Ethics Officer 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, office of the Senate Ethics Officer 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, office of the Senate Ethics Officer 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, office of the Senate Ethics Officer or office of the Conflict of Interest and 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, office of the Senate Ethics Officer 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, office of the Senate Ethics Officer 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, office of the Senate Ethics Officer 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, office of the Senate Ethics Officer or office of the Conflict of Interest and 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, office of the Senate Ethics Officer 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, office of the Senate Ethics Officer or office of the Conflict of Interest and 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, office of the Senate Ethics Officer 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, office of the Senate Ethics Officer 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, office of the Senate Ethics Officer 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, office of the Senate Ethics Officer 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, office of the Senate Ethics Officer 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, office of the Senate Ethics Officer 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.
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, office of the Senate Ethics Officer or office of the Conflict of Interest and 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, office of the Senate Ethics Officer or office of the Conflict of Interest and 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, office of the Senate Ethics Officer or office of the Conflict of Interest and 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, office of the Senate Ethics Officer 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
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 Senate Ethics Officer and the office of the Conflict of Interest and 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, office of the Senate Ethics Officer 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.
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, office of the Senate Ethics Officer or office of the Conflict of Interest and 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, office of the Senate Ethics Officer 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.
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, office of the Senate Ethics Officer 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.
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, office of the Senate Ethics Officer and office of the Conflict of Interest and 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, office of the Senate Ethics Officer 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.
R.S., c. P-1
Parliament of Canada Act
2004, c. 7, s. 2
26. Subsection 20.5(4) of the Parliament of Canada Act is replaced by the following:
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.
2004, c. 7, s. 4
27. The heading before section 72.01 and sections 72.01 to 72.13 of the Act are repealed.
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 House of Commons and approval of the appointment by resolution of that House.
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;
(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; or
(c) a former Senate Ethics Officer or former Ethics Commissioner.
Reappointment
(3) 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 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 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.
Mandate
85. The mandate of the Commissioner is to
(a) carry out the functions of the Commissioner referred to in sections 86 and 87; 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 House of Commons
86. (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 acting in their capacity as 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.
No summons
86.1 (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.
Functions: public office holders
87. 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
88. (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
89. 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
90. (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 House of Commons, who shall table the report in that House; and
(b) a report on his or her activities under section 87 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.
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, office of the Senate Ethics Officer and office of the Conflict of Interest and 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, office of the Senate Ethics Officer or office of the Conflict of Interest and Ethics Commissioner, and
2004, c. 7, s. 33
31. The definition “employer” in section 3 of the Act is amended by replacing paragraph (e) with the following:
(e) the office of the Conflict of Interest and Ethics Commissioner as represented by the Conflict of Interest and Ethics Commissioner;
2004, c. 7, s. 34
32. Paragraph 85(c.2) of the Act is replaced by the following:
(c.2) the office of the Conflict of Interest and Ethics Commissioner as represented by the Conflict of Interest and 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, office of the Senate Ethics Officer 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;
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, office of the Senate Ethics Officer 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, office of the Senate Ethics Officer 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.
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 section 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 section 24 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 67:
Referral from Public Sector Integrity Commissioner
68. If a matter is referred to the Commissioner under subsection 24(2.1) 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, the Senate Ethics Officer or the Conflict of Interest and Ethics Commissioner with respect to the exercise of the jurisdiction or powers referred to in sections 41.1 to 41.5 and 86 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
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 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.
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).
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;
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.
2003, c. 19, s. 24
43. Section 404.1 of the Act is repealed.
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
(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.
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.
(4) Section 404.2 of the Act is amended by adding the following after subsection (6):
Contribution
(7) For greater certainty, the payment by or on behalf of an individual of fees to attend an annual, biennial or leadership convention of a particular registered party is a contribution to that party.
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.
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:
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.
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).
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
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.
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
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.
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.
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.
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.
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;
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).
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.
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;
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).
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.
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(b) (providing incomplete statement) 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).
(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(a) (providing statement containing false or misleading information) or knowingly contravenes paragraph 92.6(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);
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);
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);
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.
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
66. Section 1 of the Act is replaced by the following:
Short title
1. This Act may be cited as the Lobbying Act.
67. (1) The definition “registrar” in subsection 2(1) of the Act is repealed.
(2) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:
“designated public office holder”« titulaire d’une charge publique désignée »
“designated 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 other public office holder who, in a department within the meaning of paragraph (a), (a.1) or (d) of the definition “department” 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).
(3) Section 2 of the Act is amended by adding the following after subsection (2):
Transition team
(3) Any person identified by the Prime Minister as having had the task of providing support and advice to him or her during the transition period leading up to the swearing in of the Prime Minister and his or her ministry is subject to this Act, except subsections 10.11(2) to (4), as if the person were a designated public office holder during that period.
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.
Tenure of office and removal
(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.
Further terms
(3) 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
(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.
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 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.
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.
2003, c. 10, s. 4(4)(F)
(2) Paragraph 5(2)(g) of the Act is replaced by the following:
(g) the fact that the undertaking 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);
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 designated public office holder and the date on which the individual last ceased to hold such a designated 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 involving a designated public office holder and relating to the undertaking,
(i) the name of the designated 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 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 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 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).
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.
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).
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 designated public office holder and the date on which the employee last ceased to hold such a designated public office;
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 designated public office holder,
(i) the name of the designated 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).
71. Section 8 of the Act is repealed.
1995, c. 12, s. 5
72. (1) 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.
(2) Section 9 of the Act is amended by adding the following after subsection (3):
Clarifications and corrections
(3.1) Every individual who is required to submit returns or other documents referred to in subsection (1), or to provide responses referred to in that subsection, shall provide in the prescribed time, manner and form any clarification or correction to them that the Commissioner requires.
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 designated 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 designated public office holder to respond relative to information sent under subsection (1) or the provision by such a person of an unsatisfactory response.
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.
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 designated 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 designated 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 designated public office holder for a short period;
(b) was a designated 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.
Application for exemption
10.12 (1) Any person who is subject to this Act as if they were a designated public office holder by reason of subsection 2(3), may apply to the Commissioner for an exemption from section 10.11.
Commissioner may exempt
(2) The Commissioner may, on any conditions that the Commissioner specifies, exempt the person from the application of section 10.11 having regard to any circumstance or factor that the Commissioner considers relevant, including the following:
(a) the circumstances under which the person left the functions referred to in subsection 2(3);
(b) the nature, and significance to the Government of Canada, of information that the person possessed by virtue of the functions referred to in subsection 2(3);
(c) the degree to which the person’s new employer might gain unfair commercial advantage by hiring the person;
(d) the authority and influence that the person possessed while having the functions referred to in subsection 2(3); and
(e) the disposition of other cases.
Publication
(3) The Commissioner shall without delay cause every exemption and the Commissioner’s reasons for it to be made available to the public.
Audit
(4) The Commissioner may verify the information contained in any application under subsection (1).
76. The Act is amended by adding the following before section 10.4:
INVESTIGATIONS
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, including on the basis of information received from a member of the Senate or the House of Commons, 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 matter 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.
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.
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 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 forthwith after receiving it or, if that House is not then sitting, on any of the first fifteen days on which that House is sitting after the Speaker receives it.
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 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 forthwith after receiving it or, if that House is not then sitting, on any of the first fifteen days on which that House is sitting after the Speaker receives it.
Special reports
11.1 (1) The Commissioner may, at any time, prepare a special report 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.
Tabling of special report
(2) The Commissioner shall submit the special report 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 forthwith after receiving it or, if that House is not then sitting, on any of the first fifteen days on which that House is sitting after the Speaker receives it.
79. Section 12 of the Act is amended by adding the following after paragraph (c):
(c.1) designating, individually or by class, any position occupied by a public office holder as a position occupied by a designated public office holder for the purposes of paragraph (c) of the definition “designated public office holder” in subsection 2(1) if, in the opinion of the Governor in Council, doing so is necessary for the purposes of this Act;
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.
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 88.2 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(4) 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 designated 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 designated 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.
Five-year prohibition — lobbying
88.1 (1) No individual who was a member of a transition team who ceased to carry out his or her functions as a transition team member after January 24, 2006 but before the coming into force of section 10.11 of the other Act, as enacted by section 75 of this Act, shall, during a period of five years after the day on which he or she ceased to carry out those functions
(a) carry on any of the activities referred to in paragraph 5(1)(a) or (b) of the other Act in the circumstances referred to in subsection 5(1) of the other Act;
(b) if the individual is employed by an organization, carry on any of the activities referred to in paragraph 7(1)(a) of the other Act 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) of the other Act 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 to a member of a transition team in respect of any activities referred to in that subsection that were carried out before the day on which this Act is assented to.
Contravention
(3) Every individual who contravenes subsection (1) is guilty of an offence and liable on summary conviction to a fine not exceeding $50,000.
Limitation
(4) 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 registrar referred to in section 8 of the other Act 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.
Definition
(5) For the purposes of this section, members of a transition team are those persons identified by the Prime Minister as having had the task of providing support and advice to him or her during the transition period leading up to the swearing in of the Prime Minister and his or her ministry.
Application for exemption
88.11 (1) Any member of a transition team referred to in section 88.1 may apply to the Commissioner of Lobbying for an exemption from that section.
Commissioner of Lobbying may exempt
(2) The Commissioner of Lobbying may, on any conditions that the Commissioner of Lobbying specifies, exempt the member from the application of section 88.1 having regard to any circumstance or factor that the Commissioner of Lobbying considers relevant, including the following:
(a) the circumstances under which the member left the functions referred to in subsection 88.1(5);
(b) the nature, and significance to the Government of Canada, of information that the member possessed by virtue of the functions referred to in subsection 88.1(5);
(c) the degree to which the member’s new employer might gain unfair commercial advantage by hiring the member;
(d) the authority and influence that the member possessed while having the functions referred to in subsection 88.1(5); and
(e) the disposition of other cases.
Publication
(3) The Commissioner of Lobbying shall without delay cause every exemption and the Commissioner of Lobbying’s reasons for it to be made available to the public.
Audit
(4) The Commissioner of Lobbying may verify the information contained in any application under subsection (1).
Publication
88.2 The registrar referred to in section 8 of the other Act may make public the nature of an offence committed under section 88.1, the name of the person who committed it and the punishment imposed.
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 (1) 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.
Exception
(2) However, the Commissioner shall not refuse under subsection (1) to disclose any record that contains information that was 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 once the investigation and all related proceedings, if any, are finally concluded.
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.
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 of the House of Commons 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.
Notification of Committee
41.4 (1) Any person, including the Conflict of Interest and Ethics Commissioner, who has reasonable grounds to believe that an offence has been committed under section 41.1 shall, in writing, notify the Committee of the House of Commons designated to consider such matters.
Opinion of Committee
(2) The Committee may issue its opinion with respect to the notification within 30 sitting days of the House of Commons after being notified.
Order to be provided to Committee
41.5 (1) The Conflict of Interest and Ethics Commissioner shall provide any order made under section 41.3 to a Committee of the House of Commons designated to consider whether a member has contravened an order of the Commissioner.
Issuance of opinion
(2) The Committee may issue its opinion with respect to the order within 30 sitting days of the House of Commons after being provided with the order.
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);
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.
Parliamentary employees
35.3 A person employed in the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Conflict of Interest and Ethics Commissioner
(a) may participate in an advertised appointment process for which the organizational criterion established under section 34 entitles all employees to be considered, as long as the person meets the other criteria, if any, established under that section; and
(b) has the right to make a complaint under section 77.
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).
103. (1) Subsections 41(2) and (3) of the Act are repealed.
(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.
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).
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).
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 (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.
Application of Part 7
(2) For greater certainty, the provisions of Part 7 applicable to deputy heads apply to persons appointed as such or as deputy ministers under subsection (1), and the provisions of that Part applicable to employees apply to other persons appointed under subsection (1).
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 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 41 to 43, subsections 44(3) and (4) and sections 45 to 55, 57 and 60 to 64 come into force or are deemed to have come into force on January 1, 2007.
Coming into force
(4.1) Sections 63 and 64 come into force or are deemed to have come into force on January 1, 2007, but do not apply in respect of monetary contributions made before that day.
Order in council
(5) Sections 65 to 82, 84 to 88 and 89 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.
PART 2
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.
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.
(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.
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 an 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.
Tenure
(1.1) 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 (1.1), the Auditor General ceases to hold office on reaching 65 years of age.
(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.
R.S., c. 31 (4th Supp.)
Official Languages Act
111. (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.
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.
(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.
R.S., c. P-1
Parliament of Canada Act
Amendments to Act
2004, c. 7, s. 2
112. Subsection 20.2(2) of the Parliament of Canada 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.
2004, c. 7, s. 4
113. 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.
114. 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.
115. 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.
116. 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 five 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 independent analysis to the Senate and to the House of Commons about the state of the nation’s finances, the estimates of the government 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 committee of the Senate or of the House of Commons, or a committee of both Houses, that is mandated to consider the estimates of the government, undertake research for that committee into those estimates; 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 free and timely access 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) 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.
Authorization to assist
(3) The Parliamentary Budget Officer may authorize a person employed in the Library of Parliament to assist him or her to exercise any of the powers under subsection (1) or (2), subject to the conditions that the Parliamentary Budget Officer sets.
Clarification
(4) For greater certainty, section 74 and subsection 75(2) apply in respect of the exercise of the powers described in subsections (1) to (3).
Coordinating Amendments
117. (1) With respect to each of the following sections of the Access to Information Act, as of the day on which that section comes into force, a reference to that section is deemed to be included in the references to that Act in section 79.4 of the Parliament of Canada Act:
(a) section 18.1, as enacted by section 147 of this Act; and
(b) section 20.1, as enacted by section 148 of this Act.
(2) On the first day on which all of the following have occurred, namely, section 18.1 of the Access to Information Act, as enacted by section 147 of this Act, has come into force and section 20.1 of the Access to Information Act, as enacted by section 148 of this Act, has come into force, subsection (1) is repealed and section 79.4 of the Parliament of Canada Act is replaced by the following:
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, any of paragraphs 18(a) to (d), section 18.1, any of paragraphs 20(1)(b) to (d) or section 20.1 of the Access to Information Act.
R.S., c. P-21
Privacy Act
118. (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.
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.
(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.
2005, c. 46
Public Servants Disclosure Protection Act
119. (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.
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.
(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.
Transitional Provision
Transitional — continuation in office
120. 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 111, 118 and 119, 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 Commissioner of Official Languages for Canada under section 49 of the Official Languages Act;
(d) the Privacy Commissioner under section 53 of the Privacy Act; and
(e) 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
121. 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, except where the Attorney General has assumed conduct of a prosecution under section 15;
(b) intervenes in any matter that raises a question of public interest that may affect the conduct of prosecutions or related investigations, except in proceedings in which the Attorney General has decided to intervene under section 14;
(c) issues guidelines to persons acting as federal prosecutors respecting the conduct of prosecutions generally;
(d) 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;
(e) communicates with the media and the public on all matters respecting the initiation and conduct of prosecutions;
(f) 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
(g) exercises any other power or 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)(c) are not statutory instruments within the meaning of the Statutory Instruments Act.
Publication
(6) Any assignment under paragraph (3)(g) 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 shall be referred for approval to a committee designated or established by Parliament for that purpose.
Recommendation to Governor in Council
(5) The Attorney General shall, if the parliamentary committee gives its approval, recommend to the Governor in Council that the selected candidate be appointed as Director or, if the parliamentary committee does not give its approval, 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 with the support of a resolution of the House of Commons to that effect. 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 OR PUBLIC INTEREST
Duty to inform
13. The Director must inform the Attorney General in a timely manner of any prosecution, or intervention that the Director intends to make, that raises important questions of general interest.
Intervention
14. When, in the opinion of the Attorney General, proceedings raise questions of public interest, 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”
122. In sections 123 to 127 of this Act, “other Act” means the Director of Public Prosecutions Act, as enacted by section 121 of this Act.
Acting Director
123. (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 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.
Incapacity or death
(3) In the event of the incapacity or death of the person authorized to act as the Director of Public Prosecutions under subsection (1), the Attorney General of Canada shall designate one of the persons authorized to act as Deputy Director of Public Prosecutions under subsection (2) to act as Director of Public Prosecutions in the interim.
Transfer of employees
124. (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
125. 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
126. 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
127. (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
128. Any prosecution for an offence under the Canada Elections Act that is pending immediately before the day on which sections 121 and 130 to 136 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
129. 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
130. 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.
131. (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.
(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.
132. 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.
133. (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”).
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.
134. 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.
135. 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.
136. 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.
R.S., c. J-2
Department of Justice Act
137. 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.
R.S., c. F-11
Financial Administration Act
138. 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”.
139. 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
140. 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
Amendments to Act
141. (1) 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;
(2) The definition “government institution” in section 3 of the Act is replaced by the following:
“government institution”« institution fédérale »
“government institution” means
(a) any department or ministry of state of the Government of Canada, or any body or office, listed in Schedule I, and
(b) any parent Crown corporation, and any wholly-owned subsidiary of such a corporation, within the meaning of section 83 of the Financial Administration Act;
142. The Act is amended by adding the following after section 3:
For greater certainty
3.01 (1) For greater certainty, any provision of this Act that applies to a government institution that is a parent Crown corporation applies to any of its wholly-owned subsidiaries within the meaning of section 83 of the Financial Administration Act.
For greater certainty
(2) For greater certainty, the Canadian Race Relations Foundation and the Public Sector Pension Investment Board are parent Crown corporations for the purposes of this Act.
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.
143. 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 timely access to the record in the format requested.
144. The Act is amended by adding the following in numerical order:
Records relating to investigations, examinations and audits
16.1 (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.
Exception
(2) However, the head of a government institution referred to in paragraph (1)(c) or (d) shall not refuse under subsection (1) to disclose any record that contains information that was created by or on behalf of the head of the government institution in the course of an investigation or audit conducted by or under the authority of the head of the government institution once the investigation or audit and all related proceedings, if any, are finally concluded.
145. The Act is amended by adding the following in numerical order:
Investigations, examinations and reviews under the Canada Elections Act
16.3 Subject to section 541 of the Canada Elections Act, the Chief Electoral Officer may 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 investigation, examination or review in the performance of their functions under the Canada Elections Act.
146. (1) Paragraph 18(b) of the Act is replaced by the following:
(b) information the disclosure of which could reasonably be expected to prejudice the competitive position of a government institution or 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 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
147. The Act is amended by adding the following after section 18:
Economic interests of certain government institutions
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.
148. The Act is amended by adding the following after section 20:
Public Sector Pension Investment Board
20.1 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.
Canada Pension Plan Investment Board
20.2 The head of the Canada Pension Plan 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.
National Arts Centre Corporation
20.4 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.
149. (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;
(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;
150. 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 draft report of an internal audit of a government institution if a final report of the audit has been published or 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.
151. 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.
152. 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).
R.S., c. 27 (1st Supp.), s. 187 (Sch. V, item 1(1))
153. 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.
154. 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.
155. 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.
156. 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.
157. 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.
158. The heading before section 68 of the Act is replaced by the following:
EXCLUSIONS
159. 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.
160. The Act is amended by adding the following after section 69.1:
GENERAL
161. (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
(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).
162. The Act is amended by adding the following after section 72:
Report of expenses
72.1 The head of a department or a ministry of state of the Government of Canada shall publish an annual report of all expenses incurred by his or her office and paid out of the Consolidated Revenue Fund.
163. (1) 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);
(2) Subsection 77(1) of the Act is amended by striking out the word “and” at the end of paragraph (g), by adding the word “and” at the end of paragraph (h) and by adding the following after paragraph (h):
(i) prescribing criteria for adding a body or office to Schedule I.
164. Schedule I to the Act is amended by striking out the following under the heading “Other Government Institutions”:
Atlantic Pilotage Authority
Administration de pilotage de l’Atlantique
Bank of Canada
Banque du Canada
Blue Water Bridge Authority
Administration du pont Blue Water
Business Development Bank of Canada
Banque de développement du Canada
Canada Council for the Arts
Conseil des Arts du Canada
Canada Deposit Insurance Corporation
Société d’assurance-dépôts du Canada
Canada Development Investment Corporation
Corporation de développement des investissements du Canada
Canada Lands Company Limited
Société immobilière du Canada limitée
Canada Mortgage and Housing Corporation
Société canadienne d’hypothèques et de logement
Canadian Air Transport Security Authority
Administration canadienne de la sûreté du transport aérien
Canadian Commercial Corporation
Corporation commerciale canadienne
Canadian Dairy Commission
Commission canadienne du lait
Canadian Museum of Civilization
Musée canadien des civilisations
Canadian Museum of Nature
Musée canadien de la nature
Canadian Race Relations Foundation
Fondation canadienne des relations raciales
Canadian Tourism Commission
Commission canadienne du tourisme
Cape Breton Development Corporation
Société de développement du Cap-Breton
Cape Breton Growth Fund Corporation
Corporation Fonds d’investissement du Cap-Breton
Defence Construction (1951) Limited
Construction de défense (1951) Limitée
Enterprise Cape Breton Corporation
Société d’expansion du Cap-Breton
Farm Credit Canada
Financement agricole Canada
The Federal Bridge Corporation Limited
La Société des ponts fédéraux Limitée
Freshwater Fish Marketing Corporation
Office de commercialisation du poisson d’eau douce
Great Lakes Pilotage Authority
Administration de pilotage des Grands Lacs
International Development Research Centre
Centre de recherches pour le développement international
The Jacques-Cartier and Champlain Bridges Inc.
Les Ponts Jacques-Cartier et Champlain Inc.
Laurentian Pilotage Authority
Administration de pilotage des Laurentides
Marine Atlantic Inc.
Marine Atlantique S.C.C.
National Capital Commission
Commission de la capitale nationale
National Gallery of Canada
Musée des beaux-arts du Canada
National Museum of Science and Technology
Musée national des sciences et de la technologie
Old Port of Montreal Corporation Inc.
Société du Vieux-Port de Montréal Inc.
Pacific Pilotage Authority
Administration de pilotage du Pacifique
Parc Downsview Park Inc.
Parc Downsview Park Inc.
Queens Quay West Land Corporation
Queens Quay West Land Corporation
Ridley Terminals Inc.
Ridley Terminals Inc.
Royal Canadian Mint
Monnaie royale canadienne
The Seaway International Bridge Corporation, Ltd.
La Corporation du Pont international de la voie maritime, Ltée
Standards Council of Canada
Conseil canadien des normes
Telefilm Canada
Téléfilm Canada
165. Schedule I to the Act is amended by adding the following in alphabetical order under the heading “Other Government Institutions”:
Canadian Wheat Board
Commission canadienne du blé
166. Schedule I to the Act is amended by adding the following in alphabetical order under the heading “Other Government Institutions”:
Asia-Pacific Foundation of Canada
Fondation Asie-Pacifique du Canada
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
The Pierre Elliott Trudeau Foundation
La Fondation Pierre-Elliott-Trudeau
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”.
172.01 Schedule II to the Act is amended by adding, in alphabetical order, a reference to
Canada Elections Act
Loi électorale du Canada
and a corresponding reference to “section 540”.
Consequential Amendment
R.S., c. C-24
Canadian Wheat Board Act
172.1 The Canadian Wheat Board Act is amended by adding the following after section 76:
Review by Minister
Access to Information Act
76.1 In the event of a change to the Corporation's mandate, the Minister shall review the appropriateness of the Corporation's inclusion in Schedule I to the Access to Information Act.
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);
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 for returning officers an external appointment process within the meaning of subsection 2(1) of the Public Service Employment Act 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.
(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.
(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
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.
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 during an election period, the Chief Electoral Officer shall designate a person to act in place of the returning officer, and that person may, during and after that period, perform the duties of a returning officer in relation to that election.
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.
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 535.2 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.
2004, c. 11
Library and Archives of Canada Act
179.1 The definition “government institution” in section 2 of the Library and Archives of Canada Act is replaced by the following:
“government institution”« institution fédérale »
“government institution” has the same meaning as in section 3 of the Access to Information Act or in section 3 of the Privacy Act or means an institution designated by the Governor in Council.
180. The 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.
R.S., c. P-21
Privacy Act
181. (1) 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;
(2) The definition “government institution” in section 3 of the Act is replaced by the following:
“government institution”« institution fédérale »
“government institution” means
(a) any department or ministry of state of the Government of Canada, or any body or office, listed in the schedule, and
(b) any parent Crown corporation, and any wholly-owned subsidiary of such a corporation, within the meaning of section 83 of the Financial Administration Act;
182. The Act is amended by adding the following after section 3:
For greater certainty
3.01 (1) For greater certainty, any provision of this Act that applies to a government institution that is a parent Crown corporation applies to any of its wholly-owned subsidiaries within the meaning of section 83 of the Financial Administration Act.
For greater certainty
(2) For greater certainty, the Canadian Race Relations Foundation and the Public Sector Pension Investment Board are parent Crown corporations for the purposes of this Act.
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.
183. The Act is amended by adding the following in numerical order:
Information obtained by Privacy Commissioner
22.1 (1) The Privacy Commissioner shall refuse to disclose any personal information requested under this Act 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.
Exception
(2) However, the Commissioner shall not refuse under subsection (1) to disclose any personal information that was 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 once the investigation and all related proceedings, if any, are finally concluded.
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.
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.
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.
187. The heading before section 69 of the Act is replaced by the following:
EXCLUSIONS
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.
189. The Act is amended by adding the following after section 70.1:
GENERAL
190. The schedule to the Act is amended by striking out the following under the heading “Other Government Institutions”:
Atlantic Pilotage Authority
Administration de pilotage de l’Atlantique
Bank of Canada
Banque du Canada
Blue Water Bridge Authority
Administration du pont Blue Water
Business Development Bank of Canada
Banque de développement du Canada
Canada Council for the Arts
Conseil des Arts du Canada
Canada Deposit Insurance Corporation
Société d’assurance-dépôts du Canada
Canada Development Investment Corporation
Corporation de développement des investissements du Canada
Canada Lands Company Limited
Société immobilière du Canada limitée
Canada Mortgage and Housing Corporation
Société canadienne d’hypothèques et de logement
Canada Post Corporation
Société canadienne des postes
Canadian Air Transport Security Authority
Administration canadienne de la sûreté du transport aérien
Canadian Commercial Corporation
Corporation commerciale canadienne
Canadian Dairy Commission
Commission canadienne du lait
Canadian Museum of Civilization
Musée canadien des civilisations
Canadian Museum of Nature
Musée canadien de la nature
Canadian Race Relations Foundation
Fondation canadienne des relations raciales
Canadian Tourism Commission
Commission canadienne du tourisme
Cape Breton Development Corporation
Société de développement du Cap-Breton
Cape Breton Growth Fund Corporation
Corporation Fonds d’investissement du Cap-Breton
Defence Construction (1951) Limited
Construction de défense (1951) Limitée
Enterprise Cape Breton Corporation
Société d’expansion du Cap-Breton
Export Development Canada
Exportation et développement Canada
Farm Credit Canada
Financement agricole Canada
The Federal Bridge Corporation Limited
La Société des ponts fédéraux Limitée
Freshwater Fish Marketing Corporation
Office de commercialisation du poisson d’eau douce
Great Lakes Pilotage Authority
Administration de pilotage des Grands Lacs
International Development Research Centre
Centre de recherches pour le développement international
The Jacques-Cartier and Champlain Bridges Inc.
Les Ponts Jacques-Cartier et Champlain Inc.
Laurentian Pilotage Authority
Administration de pilotage des Laurentides
Marine Atlantic Inc.
Marine Atlantique S.C.C.
National Arts Centre Corporation
Corporation du Centre national des Arts
National Capital Commission
Commission de la capitale nationale
National Gallery of Canada
Musée des beaux-arts du Canada
National Museum of Science and Technology
Musée national des sciences et de la technologie
Old Port of Montreal Corporation Inc.
Société du Vieux-Port de Montréal Inc.
Pacific Pilotage Authority
Administration de pilotage du Pacifique
Parc Downsview Park Inc.
Parc Downsview Park Inc.
Queens Quay West Land Corporation
Queens Quay West Land Corporation
Ridley Terminals Inc.
Ridley Terminals Inc.
Royal Canadian Mint
Monnaie royale canadienne
The Seaway International Bridge Corporation, Ltd.
La Corporation du Pont international de la voie maritime, Ltée
Standards Council of Canada
Conseil canadien des normes
Telefilm Canada
Téléfilm Canada
191. The schedule to the Act is amended by adding the following in alphabetical order under the heading “Other Government Institutions”:
Asia-Pacific Foundation of Canada
Fondation Asie-Pacifique du Canada
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
The Pierre Elliott Trudeau Foundation
La Fondation Pierre-Elliott-Trudeau
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.
(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:
(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).
(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.
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;
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;
(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.
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.
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.
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.
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;
(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 an 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 power to request that a chief executive provide notice as referred to in section 36; and
(m) the power in section 37 and the power and duties in section 38 to make a report.
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.
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.
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.
(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.
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.
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.
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.
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
210. (1) Subsection 38(1) of the Act is replaced by the following:
Annual report
38. (1) Within three months after the end of each financial year, the Commissioner must prepare an annual report in respect of the activities of the Commissioner during that financial year.
(2) 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;
(3) 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;
(4) Subsections 38(3) to (5) of the Act are replaced by the following:
Special report
(3) The Commissioner may, at any time, prepare a special report referring to and commenting on any matter within the scope of his or her powers and duties under this Act if, in his or her opinion, the matter is of such urgency or importance that a report on it should not be deferred until the time provided for the submission of the annual report.
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, prepare a case report 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.
Tabling of report
(3.3) Within the period referred to in subsection (1) for the annual report and the period referred to in subsection (3.1) for a case report, and at any time for a special report, the Commissioner shall submit the report 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 forthwith after receiving it or, if that House is not then sitting, on any of the first fifteen days on which that House is sitting after the Speaker receives it.
Referral to Committee
(4) After it is tabled, every report the Commissioner stands referred to the committee of the Senate, the House of Commons or both Houses of Parliament that may be designated or established for the purpose of reviewing the Commissioner’s reports.
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.
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 may assign.
Scope of assigned duties and functions
(1.2) The assignment of powers, duties and functions by the Commissioner to the Deputy Commissioner may include the delegation to the Deputy Commissioner of any of the Commissioner's powers, duties and functions, including those referred to in paragraphs 25(1)(a) to (k) and the powers in sections 36 and 37, but it may not include the delegation of the Commissioner’s power or any of his or her duties in section 38.
213. The heading before section 40 of the Act is replaced by the following:
PROHIBITIONS
General 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.
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.
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.
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
(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
218. The portion of section 51 of the Act before paragraph (b) is replaced by the following:
Saving
51. Subject to subsections 19.1(4) and 21.8(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
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.
220. 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.
221. 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 (1) 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.
Exception
(2) Subsection (1) does not apply in respect of a record that contains information referred to in paragraph (1)(b) if the person who gave the information to the conciliator consents to the record being disclosed.
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
222. 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;
223. 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.
224. 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 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.
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
225. Subsection 59(1) of the Act is repealed.
Coordinating Amendment
226. On the later of the day on which section 45 of the Conflict of Interest 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
227. The Salaries Act is amended by adding the following after section 1:
PUBLIC APPOINTMENTS COMMISSION
Functions of Commission
1.1 (1) The Governor in Council may establish a Public Appointments Commission, consisting of a chairperson and not more than four other members
(a) to oversee, monitor, review and report on the selection process for appointments and reappointments by the Governor in Council to agencies, boards, commissions and Crown corporations, and to ensure that every such process is widely made public and conducted in a fair, open and transparent manner and that the appointments are based on merit;
(b) to evaluate and approve the selection processes proposed by ministers to fill vacancies and determine reappointments within their portfolios, monitor and review those processes, and ensure that they are implemented as approved, giving special attention to any instances in which ministers make appointments that are inconsistent with the recommendations of appointment panels;
(c) to develop and establish a code of practice for appointments by the Governor in Council and ministers that sets out the steps that are necessary for a fair, open and transparent appointment process, including requirements for appointments and criteria for appointments to be made fully public;
(d) to audit appointment policies and practices in order to determine whether the code of practice is being observed;
(e) to report publicly on compliance with the code of practice, in particular by providing an annual report to the Prime Minister to be transmitted to the Speaker of each House of Parliament for tabling and referral to the appropriate committee of that House for study;
(f) to provide public education and training of public servants involved in appointment and reappointment processes regarding the code of practice; and
(g) to perform any other function specified by the Governor in Council.
Appointment
(2) Before making a recommendation to the Governor in Council that a person be appointed to the Commission, the Prime Minister shall consult with the leader of every recognized party in the House of Commons. An announcement of an appointment shall be transmitted to the Speaker of the House of Commons for tabling in that House.
Term of office
(3) Members of the Commission hold office during good behaviour for a term of five years and may be reappointed for a further term or terms, but are removable for cause by the Governor in Council.
Report to Parliament
(4) In its report, the Commission shall identify any material failure to comply with its code of practice by any department, Minister or official.
Remuneration and expenses
1.2 (1) Members of the Public Appointments Commission shall be paid the remuneration and expenses fixed by the Governor in Council.
Appointment of staff
(2) Any employees that are required by the Commission to enable it to carry out its functions shall be appointed in accordance with the Public Service Employment Act.
Coming into Force
Order in council
228. (1) Sections 3.01 and 3.1 of the Access to Information Act, as enacted by section 142 of this Act, and section 3.01 of the Privacy Act, as enacted by section 182 of this Act, as well as subsection 141(2), sections 143 to 149, 154 and 157 to 160, subsection 163(1), sections 164 to 179, subsection 181(2) and sections 183, 184 and 186 to 193 of this Act and any provisions enacted by those provisions come into force on a day or days to be fixed by order of the Governor in Council.
Canada Pension Plan Investment Board
(2) Despite subsection (1), the definition “government institution” in section 3 of the Access to Information Act, as enacted by subsection 141(2) of this Act, and the definition “government institution” in section 3 of the Privacy Act, as enacted by subsection 181(2) of this Act, 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 application of those definitions to the Board.
PART 4
ADMINISTRATIVE OVERSIGHT AND ACCOUNTABILITY
1995, c. 28
Business Development Bank of Canada Act
229. 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.
R.S., c. C-2; 2001, c. 34, s. 14(E)
Canada Council for the Arts Act
1995, c. 29, s. 10(E)
230. 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.
R.S., c. C-7
Canada Mortgage And Housing Corporation Act
231. (1) The definition “Chairman” in section 2 of the English version of the Canada Mortgage and Housing Corporation Act is repealed.
(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);
1999, c. 27, s. 25(2)
232. 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.
Replacement of references
233. 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
234. (1) The definition “Chairman” in subsection 2(1) of the English version of the Canada Post Corporation Act is repealed.
(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;
235. 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.
Replacement of references
236. 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
237. 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.
R.S., c. C-14
Canadian Commercial Corporation Act
2002, c. 4, s. 2
238. 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.
R.S., c. C-15
Canadian Dairy Commission Act
Amendments to Act
239. 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;
240. (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.
(2) Subsection 3(4) of the Act is repealed.
241. 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.
Transitional Provision
Transitional — Chairman
242. 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
243. 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.
2005, c. 30, s. 45
244. 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.
2000, c. 28
Canadian Tourism Commission Act
244.1 Subsection 11(4) of the Canadian Tourism Commission Act is replaced by the following:
Term of office
(4) The directors appointed under subsection (1) hold office during pleasure on a part-time basis for a term not exceeding four years.
244.2 Subsection 12(3) of the Act is replaced by the following:
Term of office
(3) The directors appointed under subsection (1) hold office during pleasure on a part-time basis for a term not exceeding four years.
R.S., c. C-25
Cape Breton Development Corporation Act
2000, c. 23, s. 8(2)
245. 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.
R.S., c. C-46
Criminal Code
1995, c. 22, s. 6
246. 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.
R.S., c. 41 (4th Supp.), Part II
Enterprise Cape Breton Corporation Act
Amendments to Act
247. (1) The definition “Vice-President” in section 26 of the Enterprise Cape Breton Corporation Act is repealed.
(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);
(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;
248. 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).
249. 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.
250. 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.
251. (1) Subsection 31(1) of the Act is replaced by the following:
Salaries and fees
31. (1) The Chief Executive 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.
(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.
252. (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;
(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 Executive 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
253. 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)
254. 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.
1993, c. 14; 2001, c. 22, s. 2
Farm Credit Canada Act
1994, c. 38, par. 25(1)(j)
255. 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.
256. 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.
R.S., c. F-11
Financial Administration Act
Amendments to Act
257. 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.
258. 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;
259. 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.
Appointment
16.21 (1) A person who does not occupy a position in the federal public administration but who meets the qualifications established by directive of the Treasury Board may be appointed to an audit committee by the Treasury Board on the recommendation of the President of the Treasury Board.
Term of office
(2) A member of an audit committee so appointed holds office during pleasure for a term not exceeding four years, which may be renewed for a second term.
Remuneration
(3) A member of an audit committee so appointed shall be paid the remuneration and expenses fixed by the Treasury Board.
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 committees of the Senate and the House of Commons 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 committees of the Senate and the House of Commons 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 the Senate or the House of Commons 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.
260. 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.
261. 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.
2005, c. 30, s. 51
262. (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.
(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.
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.
1994, c. 47, s. 116
263. 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.
1996, c. 17, s. 16
264. 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.
1997, c. 14, s. 79
265. 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.
2001, c. 28, s. 51
266. 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.
267. 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.
1991, c. 24, s. 50 (Sch. II, item 22)(F)
268. 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.
269. 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.
270. The Act is amended by adding, after Schedule V, the Schedule VI set out in the schedule to this Act.
Coordinating Amendments
Commissioner of Lobbying
271. On the later of the day on which section 68 of this Act comes into force and the day on which section 270 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
272. On the later of the day on which section 68 of this Act comes into force and the day on which section 270 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
273. On the later of the day on which section 121 of this Act comes into force and the day on which section 270 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
274. 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 270 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
275. 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 270 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
276. (1) The definition “Chairman” in section 2 of the English version of the Freshwater Fish Marketing Act is repealed.
(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;
R.S., c. 1 (4th Supp.), s. 44 (Sch. II, item 15)(E)
277. 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.
Replacement of references
278. 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
279. 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.
R.S., c. N-3
National Arts Centre Act
280. 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;
1995, c. 29, s. 51
281. 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).
1995, c. 29, s. 52
282. 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.
R.S., c. N-4
National Capital Act
1995, c. 29, s. 55(E)
283. (1) The definition “Vice-Chairperson” in section 2 of the National Capital Act is repealed.
(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;
284. The heading before section 3 of the Act is replaced by the following:
COMMISSION CONTINUED
R.S., c. 1 (4th Supp.), s. 44 (Sch. II, item 16)(E); 1995, c. 29, s. 54(1) and s. 55(E)
285. (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.
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:
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.
286. 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 Commission 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.
1995, c. 29, s. 55(E)
287. 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.
1995, c. 29, s. 55(E)
288. 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.
1995, c. 29, s. 55(E)
289. 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.
R.S., c. P-14
Pilotage Act
290. (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.
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.
291. 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.
292. 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.
293. 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.
Replacement of references
294. 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
295. 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.
296. 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.
297. 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.
R.S., c. R-9
Royal Canadian Mint Act
R.S., c. 35 (3rd Supp.), s. 9
298. 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.
R.S., c. S-16
Standards Council of Canada Act
299. 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.
Coming into Force
Order in council
300. (1) Subject to subsection (2), sections 239 to 242, 244, 246 to 253 and 261, subsections 262(1) and (3) and sections 263 to 266, 269, 283 to 289 and 295 come into force on a day or days to be fixed by order of the Governor in Council.
Order in council
(2) Subsection 262(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.
PART 5
PROCUREMENT AND CONTRACTING
R.S., c. A-17
Auditor General Act
2005, c. 30, s. 32
301. (1) The definitions “not-for-profit corporation” and “recipient corporation” in section 2 of the Auditor General Act are repealed.
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(4) 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(4) of the Financial Administration Act;
2005, c. 30, s. 33
302. (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(4) of the Financial Administration Act, 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(4) 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.
303. The heading before section 5 of the Act is replaced by the following:
POWERS AND DUTIES
2005, c. 30, s. 34
304. 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 a recipient under any funding agreement, 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.
305. 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 or any other Act of Parliament.
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 or any other Act of Parliament, 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 or any other Act of Parliament, 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.
1996, c. 16
Department of Public Works and Government Services Act
306. The Department of Public Works and Government Services Act is amended by adding the following after section 22:
PROCUREMENT OMBUDSMAN
Appointment
22.1 (1) The Governor in Council may appoint a Procurement Ombudsman for a term of not more than five years.
Remuneration and expenses
(2) The Procurement Ombudsman shall be paid the remuneration and expenses that may be fixed by the Governor in Council.
General duties and functions
(3) The Procurement Ombudsman 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 Ombudsman 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 Ombudsman 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 Ombudsman 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 Ombudsman's fin­dings and any recommendations.
Limitation
(4) The Procurement Ombudsman may not recommend the cancellation of the contract to which the complaint relates.
Annual Report
22.3 (1) The Procurement Ombudsman shall, within four months after the end of each fiscal year, deliver a report respecting the activities of the Procurement Ombudsman 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.
307. 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 Ombudsman 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 Ombudsman may make in response to the complaints and the time within which they must be made.
R.S., c. F-11
Financial Administration Act
Amendments to Act
308. The Financial Administration Act is amended by adding the following after section 39:
PART III.1
CONTRACTS
1991, c. 24, s. 50 (Sch. II, item 10)(F)
309. (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.
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.
310. 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.
1991, c. 24, s. 50 (Sch. II, item 11)(F)
311. 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.
312. 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 a Crown corporation — 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; 
(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; and
(e) requiring the public disclosure of basic information on contracts entered into with Her Majesty for the performance of work, the supply of goods or the rendering of services and having a value in excess of $10,000.
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 a grant, contribution or other 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 or a municipality, or any of their agencies;
(c.1) a band, as defined in subsection 2(1) of the Indian Act, any member of the council or any agency of the band or an aboriginal body that is party to a self-government agreement given effect by an Act of Parliament 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.
Coordinating Amendment
313. 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
314. (1) Sections 306 and 307 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 312 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.
SCHEDULE 
(Section 270)
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
Published under authority of the Speaker of the House of CommonsAvailable from:Publishing and Depository ServicesPublic Works and Government Services Canada