C-2 1 39 55 Elizabeth II 2006

An Act providing for conflict of interest rules, restrictions on election financing and measures respecting administrative transparency, oversight and accountability

Federal Accountability Act

2006 12 12 9 2006 90367

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.

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

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

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

This Act may be cited as the Conflict of Interest Act .

INTERPRETATION

Definitions

(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

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

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

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

(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

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

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

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

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

(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

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

(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

(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

(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

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

No reporting public office holder shall, unless otherwise provided in

Part 2, hold controlled assets as defined in that Part.

Anti-avoidance

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

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

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

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

(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

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

(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

(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

(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

(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

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

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

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

(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

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

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

(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

(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

(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

(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

(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

(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

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

(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

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

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

(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

(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

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

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

(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

(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

(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

(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

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

(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

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

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

(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

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

(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

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

(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

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

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

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

(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

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

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

(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

(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

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

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 .

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)

(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

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

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

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

The portion of

section 17 of the Act before paragraph (

a) is replaced by the following:

Garnishment of salaries, remuneration

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

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

Service binding

(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

(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

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

The portion of

section 22 of the Act before paragraph (

b) is replaced by the following:

Time period to respond to 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 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

Section 23 of the Act is replaced by the following:

Method of response

(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

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

Section 26 of the Act is replaced by the following:

No execution

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

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

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

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

Section 33 of the Act is replaced by the following:

Regulations

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)

(1) The portion of subsection 38(1) of the Act before paragraph (

a) is replaced by the following:

Regulations

(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

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

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

Responsibilities of Treasury Board

(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

Section 93 of the Act is replaced by the following:

Regulations

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

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

The heading before

section 72.01 and sections 72.01 to 72.13 of the Act are repealed.

The Act is amended by adding the following after

section 80:

Conflict of Interest and Ethics Commissioner

Appointment

(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

(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

(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

(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

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

(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

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

(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

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

(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

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

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

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

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)

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

Subsections 3(1) and (2) of the Radiocommunication Act are replaced by the following:

Application to Her Majesty and Parliament

(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

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

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

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

(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

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

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

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

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

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

(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

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

Section 404.1 of the Act is repealed.

2003, c. 19, s. 24

(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

(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 o