An Act to amend the Parliament of Canada Act (Ethics Commissioner and Senate Ethics Officer) and other Acts in consequence

Link to law: http://laws-lois.justice.gc.ca/eng/AnnualStatutes/2004_7/FullText.html

An Act to amend the Parliament of Canada Act (Ethics Commissioner and Senate Ethics Officer) and other Acts in consequence

S.C. 2004, c. 7

Assented to 2004-03-31

An Act to amend the Parliament of Canada Act (Ethics Commissioner and Senate Ethics Officer) and other Acts in consequence

SUMMARY

This enactment amends the Parliament of Canada Act to provide for the appointment of a Senate Ethics Officer. It also requires the Senate Ethics Officer to perform the duties and functions assigned by the Senate regarding the conduct of its members.

The Bill also amends the Act to provide for the appointment of an Ethics Commissioner. It also provides for the Ethics Commissioner to perform the duties and functions assigned by the House of Commons regarding the conduct of its members and to administer any ethical principles, rules or obligations established by the Prime Minister for public office holders.

This enactment also amends or repeals some sections of the Act and makes consequential amendments to other Acts of Parliament.

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

R.S., c. P-1 PARLIAMENT OF CANADA ACT

1. Sections 14 and 15 of the Parliament of Canada Act are repealed.

2. The Act is amended by adding the following after section 20:

Senate Ethics Officer

Marginal note:Appointment

20.1 The Governor in Council shall, by commission under the Great Seal, appoint a Senate Ethics Officer after consultation with the leader of every recognized party in the Senate and after approval of the appointment by resolution of the Senate.

Marginal note:Tenure

20.2 (1) The Senate Ethics Officer holds office during good behaviour for a term of seven years and may be removed for cause by the Governor in Council on address of the Senate. He or she may be reappointed for one or more terms of up to seven years each.

Marginal note: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 a qualified person to hold that office in the interim for a term of up to six months.

Marginal note:Remuneration

20.3 (1) The Senate Ethics Officer shall be paid the remuneration set by the Governor in Council.

Marginal note:Expenses

(2) The Senate Ethics Officer is entitled to be paid reasonable travel and living expenses incurred in the performance of his or her duties or functions while absent from his or her ordinary place of residence, in the case of a part-time appointment, and ordinary place of work, in the case of a full-time appointment.

Marginal note:Functions — part-time

(3) In the case of a part-time appointment, the Senate Ethics Officer may not accept or hold any office or employment — or carry on any activity — inconsistent with his or her duties and functions under this Act.

Marginal note:Functions — full-time

(4) In the case of a full-time appointment, the Senate Ethics Officer shall engage exclusively in the duties and functions of the Senate Ethics Officer and may not hold any other office under Her Majesty or engage in any other employment for reward.

Marginal note:Deputy head

20.4 (1) The Senate Ethics Officer has the rank of a deputy head of a department of the Government of Canada and has the control and management of the office of the Senate Ethics Officer.

Marginal note:Powers to contract

(2) The Senate Ethics Officer may, in carrying out the work of the office of the Senate Ethics Officer, enter into contracts, memoranda of understanding or other arrangements.

Marginal note:Staff

(3) The Senate Ethics Officer may employ any officers and employees and may engage the services of any agents, advisers and consultants that the Senate Ethics Officer considers necessary for the proper conduct of the work of the office of the Senate Ethics Officer.

Marginal note:Authorization

(4) The Senate Ethics Officer may, subject to the conditions he or she sets, authorize any person to exercise any powers under subsection (2) or (3) on behalf of the Senate Ethics Officer that he or she may determine.

Marginal note:Salaries

(5) The salaries of the officers and employees of the office of the Senate Ethics Officer shall be fixed according to the scale provided by law.

Marginal note:Payment

(6) The salaries of the officers and employees of the office of the Senate Ethics Officer, and any casual expenses connected with the office, shall be paid out of moneys provided by Parliament for that purpose.

Marginal note:Estimates to be prepared

(7) Prior to each fiscal year, the Senate Ethics Officer shall cause to be prepared an estimate of the sums that will be required to pay the charges and expenses of the office of the Senate Ethics Officer during the fiscal year.

Marginal note:Inclusion in Government estimates

(8) The estimate referred to in subsection (7) shall be considered by the Speaker of the Senate and then transmitted to the President of the Treasury Board, who shall lay it before the House of Commons with the estimates of the government for the fiscal year.

Marginal note:Duties and functions

20.5 (1) The Senate Ethics Officer shall perform the duties and functions assigned by the Senate for governing the conduct of members of the Senate when carrying out the duties and functions of their office as members of the Senate.

Marginal note:Privileges and immunities

(2) The duties and functions of the Senate Ethics Officer are carried out within the institution of the Senate. The Senate Ethics Officer enjoys the privileges and immunities of the Senate and its members when carrying out those duties and functions.

Marginal note:General direction of committee

(3) The Senate Ethics Officer shall carry out those duties and functions under the general direction of any committee of the Senate that may be designated or established by the Senate for that purpose.

Marginal note:Clarification — ethical principles, etc.

(4) For greater certainty, the administration of any ethical principles, rules or obligations established by the Prime Minister for public office holders within the meaning of section 72.06 and applicable to ministers of the Crown, ministers of state or parliamentary secretaries is not part of the duties and functions of the Senate Ethics Officer or the committee.

Marginal note:Clarification — powers, etc., of the Senate

(5) For greater certainty, this section shall not be interpreted as limiting in any way the powers, privileges, rights and immunities of the Senate or its members.

Marginal note:No summons

20.6 (1) The Senate Ethics Officer, or any person acting on behalf or under the direction of the Senate Ethics Officer, is not a competent or compellable witness in respect of any matter coming to his or her knowledge as a result of exercising any powers or performing any duties or functions of the Senate Ethics Officer under this Act.

Marginal note:Protection

(2) No criminal or civil proceedings lie against the Senate Ethics Officer, or any person acting on behalf or under the direction of the Senate Ethics Officer, for anything done, reported or said in good faith in the exercise or purported exercise of any power, or the performance or purported performance of any duty or function, of the Senate Ethics Officer under this Act.

Marginal note:Clarification

(3) The protection provided under subsections (1) and (2) does not limit any powers, privileges, rights and immunities that the Senate Ethics Officer may otherwise enjoy.

Marginal note:Annual report

20.7 (1) The Senate Ethics Officer shall, within three months after the end of each fiscal year, submit a report on his or her activities under section 20.5 for that year to the Speaker of the Senate, who shall table the report in the Senate.

Marginal note:Confidentiality

(2) The Senate Ethics Officer may not include in the annual report any information that he or she is required to keep confidential.

Marginal note:2000, c. 12, s. 210

3. Sections 34 to 40 of the Act are replaced by the following:

Marginal note:Disqualification

35. If any member of the House of Commons accepts any office or commission that, by virtue of this Division, renders a person incapable of being elected to, or of sitting or voting in, the House of Commons, the seat of the member is vacated and the member's election becomes void.

4. The Act is amended by adding the following after the heading “GENERAL” of Part V:

Ethics Commissioner

Marginal note:Appointment

72.01 The Governor in Council shall, by commission under the Great Seal, appoint an Ethics Commissioner after consultation with the leader of every recognized party in the House of Commons and after approval of the appointment by resolution of that House.

Marginal note:Tenure

72.02 (1) The Ethics Commissioner holds office during good behaviour for a term of five years and may be removed for cause by the Governor in Council on address of the House of Commons. He or she may be reappointed for one or more terms of up to five years each.

Marginal note: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 a qualified person to hold that office in the interim for a term of up to six months.

Marginal note:Remuneration

72.03 (1) The Ethics Commissioner shall be paid the remuneration set by the Governor in Council.

Marginal note:Expenses

(2) The Ethics Commissioner is entitled to be paid reasonable travel and living expenses incurred in the performance of his or her duties or functions while absent from his or her ordinary place of work.

Marginal note:Carrying out functions

(3) The Ethics Commissioner shall engage exclusively in the duties and functions of the Ethics Commissioner and may not hold any other office under Her Majesty or engage in any other employment for reward.

Marginal note:Deputy head

72.04 (1) The Ethics Commissioner has the rank of a deputy head of a department of the Government of Canada and has the control and management of the office of the Ethics Commissioner.

Marginal note:Powers to contract

(2) The Ethics Commissioner may, in carrying out the work of the office of the Ethics Commissioner, enter into contracts, memoranda of understanding or other arrangements.

Marginal note:Staff

(3) The Ethics Commissioner may employ any officers and employees and may engage the services of any agents, advisers and consultants that the Ethics Commissioner considers necessary for the proper conduct of the work of the office of the Ethics Commissioner.

Marginal note:Authorization

(4) The Ethics Commissioner may, subject to the conditions he or she sets, authorize any person to exercise any powers under subsection (2) or (3) on behalf of the Ethics Commissioner that he or she may determine.

Marginal note:Salaries

(5) The salaries of the officers and employees of the office of the Ethics Commissioner shall be fixed according to the scale provided by law.

Marginal note:Payment

(6) The salaries of the officers and employees of the office of the Ethics Commissioner, and any casual expenses connected with the office, shall be paid out of moneys provided by Parliament for that purpose.

Marginal note:Estimates to be prepared

(7) Prior to each fiscal year, the Ethics Commissioner shall cause to be prepared an estimate of the sums that will be required to pay the charges and expenses of the office of the Ethics Commissioner during the fiscal year.

Marginal note: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.

Functions in Relation to Members of the House of Commons

Marginal note:Duties and functions

72.05 (1) The Ethics Commissioner shall perform the duties and functions assigned by the House of Commons for governing the conduct of its members when carrying out the duties and functions of their office as members of that House.

Marginal note:Privileges and immunities

(2) The duties and functions of the Ethics Commissioner are carried out within the institution of the House of Commons. The Ethics Commissioner enjoys the privileges and immunities of the House of Commons and its members when carrying out those duties and functions.

Marginal note:General direction of committee

(3) The Ethics Commissioner shall carry out those duties and functions under the general direction of any committee of the House of Commons that may be designated or established by that House for that purpose.

Marginal note:Clarification — ethical principles, etc.

(4) For greater certainty, the administration of any ethical principles, rules or obligations established by the Prime Minister for public office holders, and applicable to ministers of the Crown, ministers of state or parliamentary secretaries, is not within the jurisdiction of the Ethics Commissioner under subsection (1) or the committee.

Marginal note:Clarification — powers, etc., of House of Commons

(5) For greater certainty, this section shall not be interpreted as limiting in any way the powers, privileges, rights and immunities of the House of Commons or its members.

Functions in Relation to Public Office Holders

Definition of “public office holder”

72.06 For the purposes of sections 20.5, 72.05 and 72.07 to 72.09, “public office holder” means

(a) a minister of the Crown, a minister of state or a parliamentary secretary;

(b) a person, other than a public servant, who works on behalf of a minister of the Crown or a minister of state;

(c) a Governor in Council appointee, other than the following persons, namely,

(i) a lieutenant governor,

(ii) officers and staff of the Senate, House of Commons and Library of Parliament,

(iii) a person appointed or employed under the Public Service Employment Act who is a head of mission within the meaning of subsection 13(1) of the Department of Foreign Affairs and International Trade Act

(iv) a judge who receives a salary under the Judges Act

(v) a military judge within the meaning of subsection 2(1) of the National Defence Act, and

(vi) an officer of the Royal Canadian Mounted Police, not including the Commissioner; and

(d) a full-time ministerial appointee designated by the appropriate minister of the Crown as a public office holder.

Marginal note:Principles, rules and obligations

72.061 The Prime Minister shall establish ethical principles, rules and obligations for public office holders.

Marginal note:Tabling

72.062 The ethical principles, rules and obligations for public office holders shall be laid before each House of Parliament within 30 sitting days after the Prime Minister assumes office, and any subsequent changes to those ethical principles, rules and obligations shall be laid before that House within 15 sitting days after they are established.

Marginal note:Mandate

72.07 The mandate of the Ethics Commissioner in relation to public office holders is

(a) to administer any ethical principles, rules or obligations established by the Prime Minister for public office holders;

(b) to provide confidential advice to the Prime Minister with respect to those ethical principles, rules or obligations and ethical issues in general; and

(c) to provide confidential advice to a public office holder with respect to the application to him or her of those ethical principles, rules or obligations.

Marginal note:Request from parliamentarian

72.08 (1) A member of the Senate or House of Commons who has reasonable grounds to believe that a minister of the Crown, a minister of state or a parliamentary secretary has not observed the ethical principles, rules or obligations established by the Prime Minister for public holders office may, in writing, request that the Ethics Commissioner examine the matter.

Marginal note:Content of request

(2) The request shall identify the alleged non-observance of the ethical principles, rules or obligations established by the Prime Minister for public office holders and set out the reasonable grounds for the belief that they have not been observed.

Marginal note:Examination

(3) The Ethics Commissioner shall examine the matter described in a request and, having regard to all the circumstances of the case, may discontinue the examination.

Marginal note:Report

(4) The Ethics Commissioner shall, even if he or she discontinues the examination of a request, provide the Prime Minister with a report setting out the facts in question as well as the Ethics Commissioner's analysis and conclusions in relation to the request.

Marginal note:Making report available

(5) The Ethics Commissioner shall, at the same time that the report is provided under subsection (4), provide a copy to the member who made the request — and the minister or parliamentary secretary who is the subject of the request — and make the report available to the public.

Marginal note:Confidentiality

(6) The Ethics Commissioner may not include in the report any information that he or she is required to keep confidential.

Marginal note:Presentation of views

72.09 Before providing confidential advice under paragraph 72.07(b) or a report under subsection 72.08(4), the Ethics Commissioner shall provide the public office holder concerned with a reasonable opportunity to present his or her views.

Marginal note:Powers

72.1 (1) For the purposes of paragraph 72.07(b) and section 72.08, the Ethics Commissioner has the power to summon witnesses and require them

(a) to give evidence — orally or in writing — on oath or, if they are persons entitled to affirm in civil matters, on solemn affirmation; and

(b) to produce any documents and things that the Ethics Commissioner considers necessary.

Marginal note:Enforcement

(2) The Ethics Commissioner has the same power to enforce the attendance of witnesses and to compel them to give evidence as a court of record in civil cases.

Marginal note:Powers exercised in private

(3) The powers referred to in subsections (1) and (2) shall be exercised in private.

Marginal note: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 Ethics Commissioner.

Marginal note:Confidentiality

(5) The Ethics Commissioner, and every person acting on behalf or under the direction of the Ethics Commissioner, may not disclose any information that comes to their knowledge in the performance of their duties and functions under this section, unless

(a) the disclosure is, in the opinion of the Ethics Commissioner, essential for the purposes of this section;

(b) or the information is disclosed in the course of a prosecution for an offence under section 131 of the Criminal Code (perjury) in respect of a statement made to the Ethics Commissioner.

Marginal note:Suspension of examination

72.11 (1) The Ethics Commissioner shall immediately suspend an examination referred to in section 72.08 if

(a) the Ethics Commissioner believes on reasonable grounds that the minister or parliamentary secretary has committed an offence under an Act of Parliament in respect of the same subject matter, in which case the Ethics Commissioner shall notify the relevant authorities; or

(b) it is discovered that the subject matter of the examination is also the subject matter of an investigation to determine whether an offence referred to in paragraph (a) has been committed or that a charge has been laid in respect of that subject matter.

Marginal note:Investigation continued

(2) The Ethics Commissioner may not continue an examination until any investigation or charge in respect of the same subject matter has been finally disposed of.

General

Marginal note:No summons

72.12 (1) The Ethics Commissioner, or any person acting on behalf or under the direction of the Ethics Commissioner, is not a competent or compellable witness in respect of any matter coming to his or her knowledge as a result of exercising any powers or performing any duties or functions of the Ethics Commissioner under this Act.

Marginal note:Protection

(2) No criminal or civil proceedings lie against the Ethics Commissioner, or any person acting on behalf or under the direction of the Ethics Commissioner, for anything done, reported or said in good faith in the exercise or purported exercise of any power, or the performance or purported performance of any duty or function, of the Ethics Commissioner under this Act.

Marginal note:Clarification

(3) The protection provided under subsections (1) and (2) does not limit any powers, privileges, rights and immunities that the Ethics Commissioner may otherwise enjoy.

Marginal note:Annual reports

72.13 (1) Within three months after the end of each fiscal year, the Ethics Commissioner

(a) shall submit a report on his or her activities under section 72.05 for that year to the Speaker of the House of Commons, who shall table the report in that House; and

(b) shall submit a report on his or her activities under sections 72.07 and 72.08 for that year to the Speaker of the Senate and the Speaker of the House of Commons, who shall each table the report in the House over which he or she presides.

Marginal note:Confidentiality

(2) The Ethics Commissioner may not include in the annual reports any information that he or she is required to keep confidential.

CONSEQUENTIAL AMENDMENTS

R.S., c. A-1Access to Information Act

Marginal note:1995, c. 12, s. 8

5. Schedule I to the Access to Information Act is amended by striking out the following under the heading “Other Government Institutions”:

Ethics Counsellor

Conseiller en éthique

R.S., c. C-10Canada Post Corporation Act

6. Subsection 35(2) of the Canada Post Corporation Act is amended by striking out the word “or” at the end of paragraph (b), by adding the word “or” at the end of paragraph (c) and by adding the following after paragraph (c):

(d) the Ethics Commissioner or Senate Ethics Officer

R.S., c. F-7Federal Court Act

Marginal note:1990, c. 8, s. 1(4)

7. Subsection 2(2) of the Federal Court Act is replaced by the following:

Marginal note: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 Ethics Commissioner.

R.S., c. F-11Financial Administration Act

Marginal note:R.S., c. 1 (4th Supp.), s. 25

8. (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 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,

(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 Ethics Commissioner, and

R.S., c. G-2Garnishment, Attachment and Pension Diversion Act

9. The heading “SENATE, HOUSE OF COMMONS AND LIBRARY OF PARLIAMENT” 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 ETHICS COMMISSIONER
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 Ethics Commissioner or the staff of members of the Senate or House of Commons, or in the case of any other person paid out of moneys appropriated by Parliament for use by the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner,

11. The portion of section 17 of the Act before paragraph (a) is replaced by the following:

Marginal note:Garnishment of salaries, remuneration

17. The Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer and office of the Ethics Commissioner are, subject to this Division and any regulation made under it, bound by provincial garnishment law in respect of

Marginal note:1997, c. 1, s. 29

12. Sections 18 and 19 of the Act are replaced by the following:

Marginal note: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 Ethics Commissioner of a garnishee summons, together with a copy of the judgment or order against the debtor and an application in the prescribed form, binds the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner, as the case may be, fifteen days after the day on which those documents are served.

Marginal note: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 Ethics Commissioner is of no effect unless it is served on the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner, as the case may be, in the first thirty days following the first day on which it could have been validly served on the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner, as the case may be.

Marginal note: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 Ethics Commissioner in connection with garnishment proceedings permitted by this Division must be effected at the place specified in the regulations.

Marginal note: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 Ethics Commissioner under subsection (1) may be effected by registered mail, whether within or outside the province, or by any other method prescribed.

Marginal note:Where service by registered mail

(3) Where service of a document on the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner is effected by registered mail, the document shall be deemed to be served on the day of its receipt by the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner, as the case may be.

Marginal note:1997, c. 1, s. 30

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 Ethics Commissioner, as the case may be, is bound by the garnishee summons, and

(ii) where the garnishee summons has continuing effect under the law of the province, the salary to be paid on the last day of each subsequent pay period; or

(b) in the case of remuneration described in paragraph 17(b),

(i) the remuneration payable on the fifteenth day following the day on which the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner, as the case may be, is bound by the garnishee summons, and

(ii) either

(A) any remuneration becoming payable in the thirty days following the fifteenth day after the day on which the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner, as the case may be, is bound by the garnishee summons that is owing on that fifteenth day or that becomes owing in the fourteen days following that fifteenth day, or

(B) where the garnishee summons has continuing effect under the law of the province, any remuneration becoming payable subsequent to the fifteenth day after the day on which the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner, as the case may be, is bound by the garnishee summons.

Marginal note:1997, c. 1, s. 30

14. The portion of section 22 of the Act before paragraph (b) is replaced by the following:

Marginal note: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 Ethics Commissioner has the following time period within which to respond to a garnishee summons:

(a) in the case of a salary, fifteen days, or such lesser number of days as is prescribed, after the last day of the second pay period next following the pay period in which the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner is bound by the garnishee summons; or

Marginal note:1997, c. 1, s. 31

15. Section 23 of the Act is replaced by the following:

Marginal note: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 Ethics Commissioner may respond to a garnishee summons by registered mail or by any other method prescribed.

Marginal note:Response by registered mail

(2) Where the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner responds to a garnishee summons by registered mail, the receipt issued in accordance with regulations relating to registered mail made under the Canada Post Corporation Act shall be received in evidence and is, unless the contrary is shown, proof that the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner, as the case may be, has responded to the garnishee summons.

Marginal note: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 Ethics Commissioner under this section is a good and sufficient discharge of liability, to the extent of the payment.

Marginal note:Recovery of overpayment to debtor

(4) Where, in honouring a garnishee summons, the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner, through error, pays to a debtor by way of salary or remuneration an amount in excess of the amount that it should have paid to that debtor, the excess becomes a debt due to the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner, as the case may be, by that debtor and may be recovered from the debtor at any time by set-off against future moneys payable to the debtor as salary or remuneration.

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 Ethics Commissioner must be effected in connection with garnishment proceedings permitted by this Division;

17. Section 26 of the Act is replaced by the following:

Marginal note: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 Ethics Commissioner in garnishment proceedings permitted by this Part.

R.S., c. G-5Government Employees Compensation Act

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 Ethics Commissioner;

R.S., c. 44 (4th Supp.)Lobbyists Registration Act

Marginal note:1995, c. 12, s. 1(2)

19. The definition “Ethics Counsellor” in subsection 2(1) of the Lobbyists Registration Act is repealed.

Marginal note:1995, c. 12, s. 5

20. Subsection 10(1) of the Act is replaced by the following:

Marginal note:Interpretation bulletins

10. (1) The registrar may issue advisory opinions and interpretation bulletins with respect to the enforcement, interpretation or application of this Act other than under sections 10.2 to 10.6.

Marginal note:1995, c. 12, s. 5

21. Section 10.1 of the Act is repealed.

Marginal note:1995, c. 12, s. 5

22. (1) Subsection 10.2(1) of the Act is replaced by the following:

Marginal note:Lobbyists' Code of Conduct

10.2 (1) The registrar shall develop a Lobbyists' Code of Conduct respecting the activities described in subsections 5(1), 6(1) and 7(1).

Marginal note:1995, c. 12, s. 5

(2) Subsection 10.2(2) of the English version of the Act is replaced by the following:

Marginal note:Consultation

(2) In developing the Code, the registrar shall consult persons and organizations that the registrar considers are interested in the Code.

Marginal note:1995, c. 12, s. 5

23. Sections 10.4 to 10.6 of the Act are replaced by the following:

Marginal note:Investigation of breaches

10.4 (1) Where the registrar believes on reasonable grounds that a person has breached the Code, the registrar shall investigate to determine whether a breach has occurred.

Marginal note:Powers of investigation

(2) For the purpose of conducting the investigation, the registrar may

(a) in the same manner and to the same extent as a superior court of record,

(i) summon and enforce the attendance of persons before the registrar and compel them to give oral or written evidence on oath, and

(ii) compel persons to produce any documents or other things that the registrar considers necessary for the investigation, including any record of a payment received, disbursement made or expense incurred by an individual who is required to file a return under subsection 5(1) or 6(1) or by an individual who, in accordance with paragraph 7(3)(f), 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 paragraphs 6(1)(a) to (e) or 7(1)(a) to (e), as the case may be; and

(b) administer oaths and receive and accept information, whether or not it would be admissible as evidence in a court of law.

Marginal note:Investigation in private

(3) The investigation shall be conducted in private.

Marginal note:Evidence in other proceedings

(4) Evidence given by a person in the investigation and evidence of the existence of the investigation are inadmissible against the person in a court or in any other proceeding, other than in a prosecution of a person for an offence under section 131 of the Criminal Code (perjury) in respect of a statement made to the registrar.

Marginal note:Opportunity to present views

(5) Before finding that a person has breached the Code, the registrar shall give the person a reasonable opportunity to present their views to the registrar.

Marginal note:Confidentiality

(6) The registrar, and every person acting on behalf of or under the direction of the registrar, may not disclose any information that comes to their knowledge in the performance of their duties and functions under this section, unless

(a) the disclosure is, in the opinion of the registrar, necessary for the purpose of conducting an investigation under this section or establishing the grounds for any findings or conclusions contained in a report under section 10.5; or

(b) the information is disclosed in a report under section 10.5 or in the course of a prosecution for an offence under section 131 of the Criminal Code (perjury) in respect of a statement made to the registrar.

Marginal note:Report

10.5 (1) After conducting an investigation, the registrar shall prepare a report of the investigation, including the findings, conclusions and reasons for the registrar's conclusions, and submit it to the Registrar General of Canada who shall cause a copy of it to be laid before each House of Parliament on any of the first fifteen sitting days on which that House is sitting after it is received.

Marginal note: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 6(1) or by an individual who, in accordance with paragraph 7(3)(f), 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 paragraphs 6(1)(a) to (e) or 7(1)(a) to (e), as the case may be, if the registrar considers publication of the details to be in the public interest.

Marginal note:Annual report

10.6 The registrar shall, within three months after the end of each fiscal year, prepare a report with regard to the exercise of the powers, duties and functions conferred on the registrar under this Act during the fiscal year and submit the report to the Registrar General of Canada who shall cause a copy of it to be laid before each House of Parliament on any of the first fifteen sitting days on which that House is sitting after it is received.

Marginal note:1995, c. 12, s. 6

24. Subsection 11(1) of the Act is replaced by the following:

Marginal note:Annual report

11. (1) The registrar shall, within three months after the end of each fiscal year, prepare a report with regard to the administration of this Act, other than sections 10.2 to 10.6, during that fiscal year and submit the report to the Registrar General of Canada.

R.S., c. 15 (4th Supp.)Non-smokers' Health Act

Marginal note:1989, c. 7, s. 1

25. 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 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

26. The definition “federal institution” in subsection 3(1) of the Official Languages Act is amended by adding the following after paragraph (c):

(c.1) the office of the Senate Ethics Officer and the office of the Ethics Commissioner,

27. Section 33 of the Act is replaced by the following:

Marginal note: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 Ethics Commissioner — in both official languages, where those communications and services are required under this Part to be provided in both official languages.

28. (1) The portion of subsection 38(1) of the Act before paragraph (a) is replaced by the following:

Marginal note: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 Ethics Commissioner,

(2) Paragraph 38(2)(b) of the English version 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 Ethics Commissioner, a duty in relation to the use of the official languages of Canada in place of a duty under section 36 or the regulations made under subsection (1), having regard to the equality of status of both official languages, where there is a demonstrable conflict between the duty under section 36 or the regulations and the mandate of the institution.

29. Subsection 46(1) of the Act is replaced by the following:

Marginal note: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 Ethics Commissioner.

30. Paragraph 93(a) of the Act is replaced by the following:

(a) prescribing anything that the Governor in Council considers necessary to effect compliance with this Act in the conduct of the affairs of federal institutions other than the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner; and

R.S., c. 33 (2nd Supp.)Parliamentary Employment and Staff Relations Act

31. 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 Ethics Commissioner32. 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 Ethics Commissioner, and

33. The definition “employer” in section 3 of the Act is amended by striking out the word “or” at the end of paragraph (b) and by adding the following after paragraph (c):

(d) the office of the Senate Ethics Officer as represented by the Ethics Officer, or

(e) the office of the Ethics Commissioner as represented by the Ethics Commissioner;

34. Section 85 of the Act is amended by striking out the word “or” at the end of paragraph (c) and by adding the following after paragraph (c):

(c.1) the office of the Senate Ethics Officer as represented by the Ethics Officer;

(c.2) the office of the Ethics Commissioner as represented by the Ethics Commissioner; or

R.S., c. P-21Privacy Act

Marginal note:1995, c. 12, s. 11

35. The schedule to the Privacy Act is amended by striking out the following under the heading Other Government Institutions:

Ethics Counsellor

Conseiller en éthique

R.S., c. P-36Public Service Superannuation Act

Marginal note:1996, c. 18, s. 21

36. 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 Ethics Commissioner and any board, commission, corporation or portion of the public service of Canada specified in Schedule I;

R.S., c. R-2; 1989, c. 17, s. 2Radiocommunication Act

Marginal note:1989, c. 17, s. 4

37. (1) Subsection 3(1) of the Radiocommunication Act is replaced by the following:

Marginal note: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 Ethics Commissioner and on Her Majesty in right of a province.

Marginal note:1989, c. 17, s. 4

(2) The portion of subsection 3(2) of the Act before paragraph (a) is replaced by the following:

Marginal note: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 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

COORDINATING AMENDMENTS

Marginal note:2002, c. 8

38. If section 14 of the Courts Administration Service Act comes into force before section 7 of this Act, then section 7 of this Act and the heading before it are replaced by the following:

Marginal note:R.S., c. F-7; 2002, c. 8, s. 14

Federal Courts Act

Marginal note:1990, c. 8, s. 1(4)

7. Subsection 2(2) of the Federal Courts Act is replaced by the following:

Marginal note: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 Ethics Commissioner.

Marginal note:Bill C-15

39. (1) If Bill C-15, introduced in the 2nd session of the 37th Parliament and entitled An Act to amend the Lobbyists Registration Act (the “other Act”), receives royal assent, then the provisions mentioned in subsections (2) to (4) are amended as provided in those subsections.

(2) On the later of the coming into force of section 8 of the other Act and subsection 22(1) of this Act, subsection 10.2(1) of the Lobbyists Registration Act is replaced by the following:

Marginal note:Lobbyists' Code of Conduct

10.2 (1) The registrar shall develop a Lobbyists' Code of Conduct respecting the activities described in subsections 5(1) and 7(1).

(3) On the later of the coming into force of section 10 of the other Act and section 23 of this Act,

(a) subparagraph 10.4(2)(a)(ii) of the Lobbyists Registration Act is replaced by the following:

(ii) compel persons to produce any documents or other things that the registrar considers necessary for the investigation, including any record of a payment received, disbursement made or expense incurred by an individual who is required to file a return under subsection 5(1) or by an employee who, in accordance with paragraph 7(3)(f) or (f.1), is named in a return filed under subsection 7(1), in respect of any matter referred to in any of subparagraphs 5(1)(a)(i) to (vi) or 7(1)(a)(i) to (v), as the case may be; and

(b) subsection 10.4(6) of the Lobbyists Registration Act is amended by striking out the word “or” at the end of paragraph (a), by adding the word “or” at the end of paragraph (b)and by adding the following after paragraph (wing after paragraph (b):

(c) the registrar believes on reasonable grounds that the disclosure is necessary for the purpose of advising a peace officer having jurisdiction to investigate an alleged offence under this or any other Act of Parliament or of the legislature of a province.

(c) ) section 10.4 of the Lobbyists Registration Act is amended by adding the following after subsection (6):

Marginal note:Advice to peace officers

(7) If, during the course of performing duties and functions under this section, the registrar believes on reasonable grounds that a person has committed an offence under this or any other Act of Parliament or of the legislature of a province, the registrar shall advise a peace officer having jurisdiction to investigate the alleged offence.

Marginal note:Suspension of investigation

(8) The registrar must immediately suspend an investigation under this section of an alleged breach of the Code by any person if

(a) the registrar believes on reasonable grounds that the person has committed an offence under this or any other Act of Parliament or of the legislature of a province in respect of the same subject-matter; or

(b) it is discovered that the subject-matter of the investigation under this section is also the subject-matter of an investigation to determine whether an offence referred to in paragraph (a) has been committed or that a charge has been laid with respect to that subject-matter.

Marginal note:Investigation continued

(9) The registrar may not continue an investigation under this section until any investigation or charge regarding the same subject-matter has been finally disposed of.

(4) On the later of the coming into force of section 11 of the other Act and section 23 of this Act, subsection 10.5(2) of the Lobbyists Registration Act is replaced by the following:

Marginal note: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, if the registrar considers publication of the details to be in the public interest.

Marginal note:Bill C-22

40. (1) If Bill C-22, introduced in the 2nd session of the 37th Parliament and entitled An Act to amend the Divorce Act, the Family Orders and Agreements Enforcement Assistance Act, the Garnishment, Attachment and Pension Diversion Act and the Judges Act and to amend other Acts in consequence (the “other Act”), receives royal assent, then the provisions mentioned in subsections (2) to (6) are amended as provided in those subsections.

(2) On the later of the coming into force of section 48 of the other Act and section 12 of this Act, section 19 of the French version of the Garnishment, Attachment and Pension Diversion Act is replaced by the following:

Marginal note:Lieu de la signification

19. (1) Les documents relatifs à une saisie-arrêt prévue par la présente section doivent être signifiés au Sénat, à la Chambre des communes, à la bibliothèque du Parlement, au bureau du conseiller sénatorial en éthique ou au commissariat à l'éthique au lieu indiqué dans les règlements.

Marginal note:Modes de signification

(2) En plus des modes de signification prévus par le droit d'une province, la signification de documents prévue au paragraphe (1) peut se faire soit par courrier recommandé, à l'intérieur ou à l'extérieur de la province, soit de toute autre manière réglementaire.

Marginal note:Date de signification

(3) La date de la signification de tout document effectuée au Sénat, à la Chambre des communes, à la bibliothèque du Parlement, au bureau du conseiller sénatorial en éthique ou au commissariat à l'éthique par courrier recommandé est celle de sa réception.

(3) On the later of the coming into force of section 49 of the other Act and section 15 of this Act, section 23 of the Garnishment, Attachment and Pension Diversion Act is replaced by the following:

Marginal note: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 Ethics Commissioner may respond to a garnishee summons by registered mail or by any other method prescribed.

Marginal note:Response by registered mail

(2) Where the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner responds to a garnishee summons by registered mail, the receipt issued in accordance with regulations relating to registered mail made under the Canada Post Corporation Act shall be received in evidence and is, unless the contrary is shown, proof that the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner, as the case may be, has responded to the garnishee summons.

Marginal note: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 Ethics Commissioner under this section is a good and sufficient discharge of liability, to the extent of the payment.

Marginal note:Effect of payment to provincial enforcement service

(3.1) Where a payment to a provincial enforcement service is permitted under the provincial garnishment law of the province of a provincial enforcement service, a payment to the provincial enforcement service by the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner is a good and sufficient discharge of liability, to the extent of the payment.

Marginal note:Recovery of overpayment to debtor

(4) Where, in honouring a garnishee summons, the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner, through error, pays to a debtor by way of salary or remuneration an amount in excess of the amount that it should have paid to that debtor, the excess becomes a debt due to the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner, as the case may be, by that debtor and may be recovered from the debtor at any time by set-off against future moneys payable to the debtor as salary or remuneration.

Marginal note:Payments to party that instituted proceedings

(5) Where moneys are paid to or for the benefit of a party that instituted garnishment proceedings permitted by this Division in excess of the amount that should be paid to or for the benefit of that party, the excess becomes a debt due to the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner, as the case may be, by that party and may be recovered from the party by deduction or set-off against any moneys payable to or for the benefit of that party under this Division.

(4) On the later of the coming into force of section 50 of the other Act and section 5 of this Act, section 28.2 of the Garnishment, Attachment and Pension Diversion Act is replaced by the following:

Marginal note:No liability

28.2 No action lies against Her Majesty, any Minister of the Crown in right of Canada or any officer or employee of Her Majesty, or against the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner, or any of its officers or employees, for anything done or omitted to be done, or purported to be done or omitted to be done, in good faith in the administration of this Part or the discharge of any obligation, power or duty under this Part.

(5) On the later of the coming into force of section 52 of the other Act and section 5 of this Act, paragraphs 30.1(2)(a) and (b) of the Garnishment, Attachment and Pension Diversion Act are replaced by the following:

(a) an officer or employee of Her Majesty, the Senate, the House of Commons, the Library of Parliament, the office of the Senate Ethics Officer or the office of the Ethics Commissioner;

(b) a person hired on a contractual basis by Her Majesty, the Senate, the House of Commons, the Library of Parliament, the office of the Senate Ethics Officer or the office of the Ethics Commissioner to assist in carrying out those activities; and

(6) On the later of the coming into force of section 59 of the other Act and section 5 of this Act, paragraphs 48(2)(a) and (b) of the Garnishment, Attachment and Pension Diversion Act are replaced by the following:

(a) an officer or employee of Her Majesty in right of Canada, the Senate, the House of Commons, the Library of Parliament, the office of the Senate Ethics Officer or the office of the Ethics Commissioner;

(b) a person hired on a contractual basis by Her Majesty in right of Canada, the Senate, the House of Commons, the Library of Parliament, the office of the Senate Ethics Officer or the office of the Ethics Commissioner to assist in carrying out those activities; and

Marginal note:Bill C-25

41. (1) If Bill C-25, introduced in the 2nd session of the 37th Parliament and entitled the Public Service Modernization Act (the “other Act”), receives royal assent, then the provisions mentioned in subsections (2) and (3) are amended as provided in those subsections.

(2) If section 210 of the other Act comes into force before or at the same time as section 36 of this Act, then section 36 of the English version of this Act is replaced by the following:

36. 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 Ethics Commissioner and any board, commission, corporation or portion of the federal public administration specified in Schedule I;

(3) If section 210 of the other Act comes into force after section 36 of this Act, then section 210 of the other Act is replaced by the following:

Marginal note:1996, c. 18, s. 21

210. The definition “public service” in subsection 3(1) of the English version of the 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 Ethics Commissioner and any board, commission, corporation or portion of the federal public administration specified in Schedule I;

COMING INTO FORCE

Marginal note:Order

42. The provisions of this Act, other than sections 38 to 41, come into force on a day or days to be fixed by order of the Governor in Council.
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