| Powers
exercised in
private
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(3) The powers referred to in subsections (1)
and (2) shall be exercised in private.
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| Inadmissibilit
y
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(4) Information given by a person under this
section is inadmissible against the person in a
court or in any proceeding, other than in a
prosecution of the person for an offence under
section 131 of the Criminal Code (perjury) in
respect of a statement made to the Ethics
Commissioner.
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| Confidentialit
y
|
(5) The Ethics Commissioner, and every
person acting on behalf or under the direction
of the Ethics Commissioner, may not disclose
any information that comes to their
knowledge in the performance of their duties
and functions under this section, unless
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(a) the disclosure is, in the opinion of the
Ethics Commissioner, essential for the
purposes of this section; or
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(b) the information is disclosed in the
course of a prosecution for an offence under
section 131 of the Criminal Code (perjury)
in respect of a statement made to the Ethics
Commissioner.
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| Suspension of
examination
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72.11 (1) The Ethics Commissioner shall
immediately suspend an examination referred
to in section 72.08 if
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(a) the Ethics Commissioner believes on
reasonable grounds that the minister or
parliamentary secretary has committed an
offence under an Act of Parliament in
respect of the same subject matter, in which
case the Ethics Commissioner shall notify
the relevant authorities; or
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(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.
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| Investigation
continued
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(2) The Ethics Commissioner may not
continue an examination until any
investigation or charge in respect of the same
subject matter has been finally disposed of.
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| No summons
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72.12 (1) The Ethics Commissioner, or any
person acting on behalf or under the direction
of the Ethics Commissioner, is not a
competent or compellable witness in respect
of any matter coming to his or her knowledge
as a result of exercising any powers or
performing any duties or functions of the
Ethics Commissioner under this Act.
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| Protection
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(2) No criminal or civil proceedings lie
against the Ethics Commissioner, or any
person acting on behalf or under the direction
of the Ethics Commissioner, for anything
done, reported or said in good faith in the
exercise or purported exercise of any power,
or the performance or purported performance
of any duty or function, of the Ethics
Commissioner under this Act.
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| Clarification
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(3) The protection provided under
subsections (1) and (2) does not limit any
powers, privileges, rights and immunities that
the Ethics Commissioner may otherwise
enjoy.
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| Annual
reports
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72.13 (1) Within three months after the end
of each fiscal year, the Ethics Commissioner
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(a) shall submit a report on his or her
activities under section 72.05 for that year
to the Speaker of the House of Commons,
who shall table the report in that House; and
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(b) shall submit a report on his or her
activities under sections 72.07 and 72.08
for that year to the Speaker of the Senate
and the Speaker of the House of Commons,
who shall each table the report in the House
over which he or she presides.
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| Confidentialit
y
|
(2) The Ethics Commissioner may not
include in the annual reports any information
that he or she is required to keep confidential.
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| R.S., c. A-1
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| 1995, c. 12,
s. 8
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5. Schedule I to the Access to Information
Act is amended by striking out the following
under the heading ``Other Government
Institutions'':
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Ethics Counsellor
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| R.S., c. C-10
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6. Subsection 35(2) of the Canada Post
Corporation Act is amended by striking out
the word ``or'' at the end of paragraph (b),
by adding the word ``or'' at the end of
paragraph (c) and by adding the following
after paragraph (c):
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(d) the Ethics Commissioner or Senate
Ethics Officer
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| R.S., c. F-7
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| 1990, c. 8,
s. 1(4)
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7. Subsection 2(2) of the Federal Court
Act is replaced by the following:
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| Senate and
House of
Commons
|
(2) For greater certainty, the expression
``federal board, commission or other
tribunal'', as defined in subsection (1), does
not include the Senate, the House of
Commons, any committee or member of
either House, the Senate Ethics Officer or the
Ethics Commissioner.
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| R.S., c. F-11
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| R.S., c. 1 (4th
Supp.), s. 25
|
8. (1) Paragraph (c) of the definition
``appropriate minister'' in section 2 of the
Financial Administration Act is replaced by
the following:
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(c) with respect to the Senate and the
office of the Senate Ethics Officer , the
Speaker of the Senate , with respect to the
House of Commons, the Board of
Internal Economy, with respect to the
office of the Ethics Commissioner, the
Speaker of the House of Commons, and
with respect to the Library of Parliament,
the Speakers of the Senate and the House
of Commons,
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(2) Paragraph (c) of the definition
``department'' in section 2 of the Act is
replaced by the following:
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(c) the staffs of the Senate, House of
Commons, Library of Parliament, office
of the Senate Ethics Officer and office of
the Ethics Commissioner , and
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| R.S., c. G-2
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9. The heading ``Senate, House of
Commons and Library of Parliament''
before section 16 of the Garnishment,
Attachment and Pension Diversion Act is
replaced by the following:
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10. The portion of paragraph (b) of the
definition ``salary'' in section 16 of the Act
before subparagraph (i) is replaced by the
following:
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(b) in the case of the staff of the Senate,
House of Commons, Library of
Parliament, office of the Senate Ethics
Officer or office of the Ethics
Commissioner or the staff of members of
the Senate or House of Commons, or in
the case of any other person paid out of
moneys appropriated by Parliament for
use by the Senate, House of Commons,
Library of Parliament, office of the
Senate Ethics Officer or office of the
Ethics Commissioner,
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11. The portion of section 17 of the Act
before paragraph (a) is replaced by the
following:
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| Garnishment
of salaries,
remuneration
|
17. The Senate, House of Commons,
Library of Parliament, office of the Senate
Ethics Officer and office of the Ethics
Commissioner are, subject to this Division
and any regulation made under it , bound by
provincial garnishment law in respect of
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| 1997, c. 1,
s. 29
|
12. Sections 18 and 19 of the Act are
replaced by the following:
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| Service
binding
|
18. (1) Subject to this Division, service on
the Senate, House of Commons, Library of
Parliament, office of the Senate Ethics Officer
or office of the Ethics Commissioner of a
garnishee summons, together with a copy of
the judgment or order against the debtor and
an application in the prescribed form, binds
the Senate, House of Commons, Library of
Parliament, office of the Senate Ethics Officer
or office of the Ethics Commissioner , as the
case may be, fifteen days after the day on
which those documents are served.
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| When service
is effective
|
(2) A garnishee summons served on the
Senate, House of Commons, Library of
Parliament, office of the Senate Ethics Officer
or office of the Ethics Commissioner is of no
effect unless it is served on the Senate, House
of Commons, Library of Parliament, office of
the Senate Ethics Officer or office of the
Ethics Commissioner , as the case may be, in
the first thirty days following the first day on
which it could have been validly served on the
Senate, House of Commons, Library of
Parliament, office of the Senate Ethics Officer
or office of the Ethics Commissioner , as the
case may be.
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| Place of
service
|
19. (1) Service of documents on the Senate,
House of Commons, Library of Parliament,
office of the Senate Ethics Officer or office of
the Ethics Commissioner in connection with
garnishment proceedings permitted by this
Division must be effected at the place
specified in the regulations.
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| 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
Ethics Commissioner or office of the Ethics
Commissioner under subsection (1) may be
effected by registered mail, whether within or
outside the province, or by any other method
prescribed.
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| Where service
by registered
mail
|
(3) Where service of a document on the
Senate, House of Commons, Library of
Parliament, office of the Senate Ethics Officer
or office of the Ethics Commissioner is
effected by registered mail, the document
shall be deemed to be served on the day of its
receipt by the Senate, House of Commons,
Library of Parliament, office of the Senate
Ethics Officer or office of the Ethics
Commissioner , as the case may be.
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| 1997, c. 1,
s. 30
|
13. Paragraphs 21(a) and (b) of the Act
are replaced by the following:
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(a) in the case of a salary,
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(i) the salary to be paid on the last day of
the second pay period next following the
pay period in which the Senate, House of
Commons, Library of Parliament, office
of the Senate Ethics Officer or office of
the Ethics Commissioner , as the case
may be, is bound by the garnishee
summons, and
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(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
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(b) in the case of remuneration described in
paragraph 17(b),
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(i) the remuneration payable on the
fifteenth day following the day on which
the Senate, House of Commons, Library
of Parliament, office of the Senate Ethics
Officer or office of the Ethics
Commissioner , as the case may be, is
bound by the garnishee summons, and
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(A) any remuneration becoming
payable in the thirty days following the
fifteenth day after the day on which the
Senate, House of Commons, Library
of Parliament, office of the Senate
Ethics Officer or office of the Ethics
Commissioner , as the case may be, is
bound by the garnishee summons that
is owing on that fifteenth day or that
becomes owing in the fourteen days
following that fifteenth day, or
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(B) where the garnishee summons has
continuing effect under the law of the
province, any remuneration becoming
payable subsequent to the fifteenth day
after the day on which the Senate,
House of Commons, Library of
Parliament, office of the Senate Ethics
Officer or office of the Ethics
Commissioner , as the case may be, is
bound by the garnishee summons.
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| 1997, c. 1,
s. 30
|
14. The portion of section 22 of the Act
before paragraph (b) is replaced by the
following:
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| Time period
to respond to
a garnishee
summons
|
22. The Senate, House of Commons,
Library of Parliament, office of the Senate
Ethics Officer or office of the Ethics
Commissioner has the following time period
within which to respond to a garnishee
summons:
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(a) in the case of a salary, fifteen days, or
such lesser number of days as is prescribed,
after the last day of the second pay period
next following the pay period in which the
Senate, House of Commons, Library of
Parliament, office of the Senate Ethics
Officer or office of the Ethics
Commissioner is bound by the garnishee
summons; or
|
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| 1997, c. 1,
s. 31
|
15. Section 23 of the Act is replaced by the
following:
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| Method of
response
|
23. (1) In addition to any method of
responding to a garnishee summons permitted
by provincial garnishment law, the Senate,
House of Commons, Library of Parliament,
office of the Senate Ethics Officer or office of
the Ethics Commissioner may respond to a
garnishee summons by registered mail or by
any other method prescribed.
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| Response by
registered
mail
|
(2) Where the Senate, House of Commons,
Library of Parliament, office of the Senate
Ethics Officer or office of the Ethics
Commissioner responds to a garnishee
summons by registered mail, the receipt
issued in accordance with regulations relating
to registered mail made under the Canada
Post Corporation Act shall be received in
evidence and is, unless the contrary is shown,
proof that the Senate, House of Commons,
Library of Parliament, office of the Senate
Ethics Officer or office of the Ethics
Commissioner , as the case may be, has
responded to the garnishee summons.
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| Effect of
payment into
court
|
(3) A payment into court by the Senate,
House of Commons, Library of Parliament,
office of the Senate Ethics Officer or office of
the Ethics Commissioner under this section is
a good and sufficient discharge of liability, to
the extent of the payment.
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| Recovery of
overpayment
to debtor
|
(4) Where, in honouring a garnishee
summons, the Senate, House of Commons,
Library of Parliament, office of the Senate
Ethics Officer or office of the Ethics
Commissioner , through error, pays to a debtor
by way of salary or remuneration an amount in
excess of the amount that it should have paid
to that debtor, the excess becomes a debt due
to the Senate, House of Commons, Library of
Parliament, office of the Senate Ethics Officer
or office of the Ethics Commissioner , as the
case may be, by that debtor and may be
recovered from the debtor at any time by
set-off against future moneys payable to the
debtor as salary or remuneration.
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16. Paragraph 24(a) of the Act is replaced
by the following:
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(a) specifying the place where service of
documents on the Senate, House of
Commons, Library of Parliament, office of
the Senate Ethics Officer or office of the
Ethics Commissioner must be effected in
connection with garnishment proceedings
permitted by this Division;
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17. Section 26 of the Act is replaced by the
following:
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| No execution
|
26. No execution shall issue on a judgment
given against the Senate, House of Commons,
Library of Parliament, office of the Senate
Ethics Officer or office of the Ethics
Commissioner in garnishment proceedings
permitted by this Part.
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