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Her Excellency the Governor General recommends to the House of
Commons the appropriation of public revenue under the circumstances,
in the manner and for the purposes set out in a measure entitled ``An Act
to amend the Parliament of Canada Act (Ethics Commissioner and
Senate Ethics Officer) and other Acts in consequence''.
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This enactment amends the Parliament of Canada Act to provide for
the appointment of a Senate Ethics Officer. It also requires the Senate
Ethics Officer to perform the duties and functions assigned by the
Senate regarding the conduct of its members.
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The Bill also amends the Act to provide for the appointment of an
Ethics Commissioner. It also provides for the Ethics Commissioner to
perform the duties and functions assigned by the House of Commons
regarding the conduct of its members and to administer any ethical
principles, rules or obligations established by the Prime Minister for
public office holders.
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This enactment also amends or repeals some sections of the Act and
makes consequential amendments to other Acts of Parliament.
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Clause 1: Sections 14 and 15 read as follows:
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14. (1) No person who is a member of the Senate shall, directly or
indirectly, knowingly and wilfully be a party to or be concerned in any
contract under which the public money of Canada is to be paid.
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(2) Any person who contravenes subsection (1) shall forfeit the sum
of two hundred dollars for each day during which the contravention
continues.
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(3) A sum forfeited by any person under subsection (2) is
recoverable from that person by any person who sues for it in any court
of competent jurisdiction in Canada.
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(4) This section does not render any person liable to forfeiture by
reason only that the person
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(a) is a shareholder in any corporation having a contract or
agreement with the Government of Canada, except any company
that undertakes a contract for the building of any public work;
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(b) is, or has been, a contractor for the loan of money or of securities
for the payment of money to the Government of Canada under the
authority of Parliament, after public competition; or
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(c) is, or has been, a contractor in respect of the purchase or payment
of the public stock or debentures of Canada, on terms common to all
persons.
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15. Proceedings for the recovery of any forfeiture imposed by
section 14 may be instituted at any time within but not later than one
year after the time when the forfeiture was incurred.
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Clause 2: New.
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Clause 3: Sections 34 to 40 read as follows:
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34. Where a person, directly or indirectly, alone or with any other,
personally or by the interposition of any trustee or third party, holds,
enjoys, undertakes or executes any contract or agreement, expressed or
implied, with or for the Government of Canada on behalf of the Crown,
or with or for any of the officers of the Government of Canada, for which
any public money of Canada is to be paid, the person is not eligible to
be a member of the House of Commons and shall not sit or vote therein.
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35. If any member of the House of Commons
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(a) accepts any office or commission, or is concerned or interested
in any contract, agreement, service or work, that, by virtue of this
Division, renders a person incapable of being elected to, or of sitting
or voting in, the House of Commons, or
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(b) knowingly sells to the Government of Canada any goods, wares
or merchandise, or knowingly performs for the Government of
Canada or for any of the officers of that Government any service, for
which any public money of Canada is paid or to be paid,
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whether the contract, agreement or sale is expressed or implied and
whether the transaction is single or continuous, the seat of the member
is thereby vacated and the member's election is thenceforth void.
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36. (1) Any person who, by this Division, is declared ineligible to be
a member of the House of Commons or is disqualified from sitting or
voting therein or, having been duly elected, is disqualified pursuant to
section 35 from continuing to be such a member or continuing to so sit
or vote, and who nevertheless sits or votes in the House of Commons
or continues to do so, shall forfeit the sum of two hundred dollars for
each day on which the person so sits or votes.
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(2) A sum forfeited by any person under subsection (1) is
recoverable from that person by any person who sues for it in any court
of competent civil jurisdiction in Canada.
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37. Sections 34 to 36 extend to any transaction or act begun and
concluded during a recess of Parliament.
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38. (1) In every contract, agreement or commission to be made,
entered into or accepted by any person with the Government of Canada
or any of the departments or officers of that Government, for which any
public money of Canada is to be paid, there shall be inserted an express
condition that no member of the House of Commons shall be admitted
to any share or part of the contract, agreement or commission or to any
benefit to arise therefrom.
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(2) Where any person who has entered into or accepted, or enters into
or accepts, any contract, agreement or commission described in
subsection (1) admits any of the members of the House of Commons to
any part or share of the contract, agreement or commission or to receive
any benefit thereby, that person shall, for each such admission, forfeit
and pay the sum of two thousand dollars, recoverable with costs in any
court of competent civil jurisdiction by any person who sues for it.
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39. Proceedings for the recovery of any forfeiture imposed by
section 36 or 38 may be instituted at any time within but not later than
one year after the time when the forfeiture was incurred.
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40. (1) This Division does not extend to render ineligible to be a
member of the House of Commons, or disqualify from sitting or voting
therein, any person by reason only that the person is
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(a) a shareholder in any corporation having a contract or agreement
with the Government of Canada, except any company that
undertakes a contract for the building of any public work;
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(b) a person on whom the completion of any contract or agreement,
expressed or implied, devolves by descent, limitation, marriage,
common-law partnership or by virtue of a marriage contract, or a
pre-nuptial or co-habitation agreement, or as devisee, legatee,
executor or administrator, where less than twelve months have
elapsed after the devolution;
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(c) a contractor for the loan of money or of securities for the payment
of money to the Government of Canada under the authority of
Parliament, after public competition; or
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(d) a contractor in respect of the purchase or payment of the public
stock or debentures of Canada, on terms common to all persons.
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(2) For the purposes of this section, persons are in a common-law
partnership if they cohabit together in a conjugal relationship, having
so cohabited for a period of at least one year.
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Clause 4: New.
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Clause 6: New. The relevant portion of subsection
35(2) reads as follows:
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(2) Subject to subsection (3), mail to or from
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is free of postage.
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Clause 7: Subsection 2(2) reads as follows:
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(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 or any committee or member of either
House.
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Clause 8: (1) The relevant portion of the definition
``appropriate minister'' in section 2 reads as follows:
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``appropriate Minister'' means,
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(c) with respect to the Senate, the Speaker, with respect to the
House of Commons, the Board of Internal Economy, and with
respect to the Library of Parliament, the Speakers of the Senate
and the House of Commons,
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(2) The relevant portion of the definition
``department'' in section 2 reads as follows:
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``department'' means
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(c) the staffs of the Senate, the House of Commons and the
Library of Parliament, and
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Clause 10: The relevant portion of the definition
``salary'' in section 16 reads as follows:
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``salary'' means
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(b) in the case of the staff of the Senate, House of Commons or
Library of Parliament 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 or Library of Parliament,
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(i) the basic pay payable to a person for the performance of the
regular duties of a position or office, and
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(ii) any amount payable as allowances, special remuneration,
payment for overtime or other compensation or as a gratuity,
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excluding any amount deemed to be or to have been excluded from
that person's salary pursuant to regulations made under paragraph
24(b).
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Clause 11: The relevant portion of section 17 reads as
follows:
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17. The Senate, House of Commons and Library of Parliament are,
subject to this Division and any regulation made thereunder, bound by
provincial garnishment law in respect of
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Clause 12: Sections 18 and 19 read as follows:
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18. (1) Subject to this Division, service on the Senate, House of
Commons or Library of Parliament 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 or Library of Parliament, as the case may be, fifteen days
after the day on which those documents are served.
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(2) A garnishee summons served on the Senate, House of Commons
or Library of Parliament is of no effect unless it is served on the Senate,
House of Commons or Library of Parliament, 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 or Library of
Parliament, as the case may be.
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19. (1) Service of documents on the Senate, House of Commons or
Library of Parliament in connection with garnishment proceedings
permitted by this Division must be effected at the place specified in the
regulations.
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(2) In addition to any method of service permitted by the law of a
province, service of documents on the Senate, House of Commons or
Library of Parliament 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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(3) Where service of a document on the Senate, House of Commons
or Library of Parliament 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 or Library of Parliament, as the case may be.
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Clause 13: Section 21 reads as follows:
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21. For the purposes of garnishment proceedings permitted by this
Division, service of a garnishee summons is binding in respect of the
following money to be paid to the debtor named in the garnishee
summons:
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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 or Library of Parliament, 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 or Library of
Parliament, 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 or Library of Parliament, 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 or Library of Parliament, as the
case may be, is bound by the garnishee summons.
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Clause 14: The relevant portion of section 22 reads as
follows:
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22. The Senate, House of Commons or Library of Parliament 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
or Library of Parliament is bound by the garnishee summons; or
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Clause 15: Section 23 reads as follows:
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23. (1) In addition to any method of responding to a garnishee
summons permitted by provincial garnishment law, the Senate, House
of Commons or Library of Parliament may respond to a garnishee
summons by registered mail or by any other method prescribed.
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(2) Where the Senate, House of Commons or Library of Parliament
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
or Library of Parliament, as the case may be, has responded to the
garnishee summons.
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(3) A payment into court by the Senate, House of Commons or
Library of Parliament under this section is a good and sufficient
discharge of liability, to the extent of the payment.
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(4) Where, in honouring a garnishee summons, the Senate, House of
Commons or Library of Parliament, 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 or Library of Parliament, 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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Clause 16: The relevant portion of section 24 reads as
follows:
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24. The Governor in Council may, on the recommendation of the
Minister, made after consultation between the Minister and the Speaker
of the Senate and the Speaker of the House of Commons, make
regulations
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(a) specifying the place where service of documents on the Senate,
House of Commons or Library of Parliament must be effected in
connection with garnishment proceedings permitted by this
Division;
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Clause 17: Section 26 reads as follows:
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26. No execution shall issue on a judgment given against the Senate,
House of Commons or Library of Parliament in garnishment
proceedings permitted by this Part.
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Clause 18: The relevant portion of the definition
``employee'' in section 2 reads as follows:
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``employee'' means
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(e) any officer or employee of the Senate, the House of Commons
or the Library of Parliament;
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Clause 19: The definition ``Ethics Counsellor'' in
subsection 2(1) reads as follows:
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``Ethics Counsellor'' means the Ethics Counsellor designated pursuant
to section 10.1;
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Clause 20: Subsection 10(1) reads as follows:
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10. (1) The registrar may issue advisory opinions and interpretation
bulletins with respect to the enforcement, interpretation or application
of this Act other than under sections 10.1 to 10.6.
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Clause 21: Section 10.1 reads as follows:
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10.1 The Governor in Council may designate any person as the
Ethics Counsellor for the purposes of this Act.
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Clause 22: (1) and (2) Subsections 10.2(1) and (2)
read as follows:
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10.2 (1) The Ethics Counsellor shall develop a Lobbyists' Code of
Conduct respecting the activities described in subsections 5(1), 6(1)
and 7(1).
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(2) In developing the Code, the Ethics Counsellor shall consult
persons and organizations that he or she considers are interested in the
Code.
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Clause 23: Sections 10.4 to 10.6 read as follows:
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10.4 (1) Where the Ethics Counsellor believes on reasonable
grounds that a person has breached the Code, the Ethics Counsellor
shall investigate to determine whether a breach has occurred.
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(2) For the purpose of conducting the investigation, the Ethics
Counsellor may
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(a) in the same manner and to the same extent as a superior court of
record,
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(i) summon and enforce the attendance of persons before the
Ethics Counsellor and compel them to give oral or written
evidence on oath, and
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(ii) compel persons to produce any documents or other things that
the Ethics Counsellor considers necessary for the investigation,
including any record of a payment received, disbursement made
or expense incurred by an individual who is required to file a
return under subsection 5(1) or 6(1) or by an individual who, in
accordance with paragraph 7(3)(f), is named in a return filed
under subsection 7(1), in respect of any matter referred to in any
of subparagraphs 5(1)(a)(i) to (vi) or paragraphs 6(1)(a) to (e) or
7(1)(a) to (e), as the case may be; and
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(b) administer oaths and receive and accept information, whether or
not it would be admissible as evidence in a court of law.
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(3) The investigation shall be conducted in private.
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(4) Evidence given by a person in the investigation and evidence of
the existence of the investigation are inadmissible against the person in
a court or in any other proceeding, other than in a prosecution of a
person for an offence under section 131 of the Criminal Code (perjury)
in respect of a statement made to the Ethics Counsellor.
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(5) Before finding that a person has breached the Code, the Ethics
Counsellor shall give the person a reasonable opportunity to present
their views to the Ethics Counsellor.
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(6) The Ethics Counsellor, and every person acting on behalf of or
under the direction of the Ethics Counsellor, shall 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 Counsellor,
necessary for the purpose of conducting an investigation under this
section or establishing the grounds for any findings or conclusions
contained in a report under section 10.5; or
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(b) the information is disclosed in a report under section 10.5 or in
the course of a prosecution for an offence under section 131 of the
Criminal Code (perjury) in respect of a statement made to the Ethics
Counsellor.
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10.5 (1) After conducting an investigation, the Ethics Counsellor
shall prepare a report of the investigation, including the findings,
conclusions and reasons for the Ethics Counsellor's conclusions, and
submit it to the Registrar General of Canada who shall cause a copy of
it to be laid before each House of Parliament on any of the first fifteen
sitting days on which that House is sitting after it is received.
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(2) The report may contain details of any payment received,
disbursement made or expense incurred by an individual who is
required to file a return under subsection 5(1) or 6(1) or by an individual
who, in accordance with paragraph 7(3)(f), is named in a return filed
under subsection 7(1), in respect of any matter referred to in any of
subparagraphs 5(1)(a)(i) to (vi) or paragraphs 6(1)(a) to (e) or 7(1)(a)
to (e), as the case may be, if the Ethics Counsellor considers publication
of the details to be in the public interest.
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10.6 The Ethics Counsellor shall, within three months after the end
of each fiscal year, prepare a report with regard to the exercise of the
powers, duties and functions conferred on the Ethics Counsellor under
this Act during the fiscal year and submit the report to the Registrar
General of Canada who shall cause a copy of it to be laid before each
House of Parliament on any of the first fifteen sitting days on which that
House is sitting after it is received.
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Clause 24: Subsection 11(1) reads as follows:
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11. (1) The registrar shall, within three months after the end of each
fiscal year, prepare a report with regard to the administration of this Act,
other than sections 10.1 to 10.6, during that fiscal year and submit the
report to the Registrar General of Canada.
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Clause 25: The relevant portion of the definition
``employer'' in subsection 2(1) reads as follows:
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``employer'' means a person who employs one or more persons in
employment described in subsection 123(1) of the Canada Labour
Code, or
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(c) the Senate, House of Commons or Library of Parliament, in
relation to employees thereof or employees of a committee of the
Senate or House of Commons, as the case may be, or
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Clause 26: New. The relevant portion of the definition
``federal institution'' in subsection 3(1) reads as follows:
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``federal institution'' includes any of the following institutions of the
Parliament or government of Canada:
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(i) any institution of the Council or government of the Northwest
Territories or the Yukon Territory or of the Legislative Assembly
or government of Nunavut, or
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(j) any Indian band, band council or other body established to
perform a governmental function in relation to an Indian band or
other group of aboriginal people;
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Clause 27: Section 33 reads as follows:
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33. The Governor in Council may make such regulations as the
Governor in Council deems necessary to foster actively
communications with and services from offices or facilities of federal
institutions, other than the Senate, the House of Commons or the
Library of Parliament, in both official languages, where those
communications and services are required under this Part to be
provided in both official languages.
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Clause 28: (1) The relevant portion of subsection
38(1) reads as follows:
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38. (1) The Governor in Council may make regulations in respect of
federal institutions, other than the Senate, the House of Commons or the
Library of Parliament,
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(2) The relevant portion of subsection 38(2) reads as
follows:
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(2) The Governor in Council may make regulations
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(b) substituting, with respect to any federal institution other than the
Senate, the House of Commons or the Library of Parliament, a duty
in relation to the use of the official languages of Canada in place of
a duty under section 36 or the regulations made under subsection (1),
having regard to the equality of status of both official languages,
where there is a demonstrable conflict between the duty under
section 36 or the regulations and the mandate of the institution.
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Clause 29: Subsection 46(1) reads as follows:
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46. (1) The Treasury Board has responsibility for the general
direction and coordination of the policies and programs of the
Government of Canada relating to the implementation of Parts IV, V and
VI in all federal institutions other than the Senate, the House of
Commons and the Library of Parliament.
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Clause 30: The relevant portion of section 93 reads as
follows:
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93. The Governor in Council may make regulations
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(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, the House of
Commons or the Library of Parliament; and
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Clause 31: The long title reads as follows:
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An Act respecting employment and employer and employee relations
in the Senate, the House of Commons and the Library of Parliament
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Clause 32: The relevant portion of section 2 reads as
follows:
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2. Subject to this Act, this Act applies to and in respect of every
person employed by, and applies to and in respect of,
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(a) the Senate, the House of Commons or the Library of Parliament,
and
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and, except as provided in this Act, nothing in any other Act of
Parliament that provides for matters similar to those provided for under
this Act and nothing done thereunder, whether before or after the
coming into force of this section, shall apply to or in respect of or have
any force or effect in relation to the institutions and persons described
in this section.
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Clause 33: New. The relevant portion of the definition
``employer'' in section 3 reads as follows:
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``employer'' means
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Clause 34: New. The relevant portion of section 85
reads as follows:
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85. In this Part, ``employer'' means
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Clause 36: The definition ``Public Service'' in
subsection 3(1) reads as follows:
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``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 and House of Commons, the
Library of Parliament and any board, commission, corporation or
portion of the public service of Canada specified in Schedule I;
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Clause 37: (1) Subsection 3(1) reads as follows:
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3. (1) Subject to subsection (2), this Act is binding on Her Majesty
in right of Canada, on the Senate, the House of Commons and the
Library of Parliament and on Her Majesty in right of a province.
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(2) The relevant portion of subsection 3(2) reads as
follows:
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(2) The Governor in Council may by order exempt Her Majesty in
right of Canada, or the Senate, House of Commons or Library of
Parliament, 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
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