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COORDINATING AMENDMENTS |
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| 2002, c. 8
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38. If section 14 of the Courts
Administration Service Act comes into force
before section 7 of this Act, then section 7 of
this Act and the heading before it are
replaced by the following:
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| R.S., c. F-7;
2002, c. 8,
s. 14
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Federal Courts Act |
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| 1990, c. 8,
s. 1(4)
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7. Subsection 2(2) of the Federal Courts
Act is replaced by the following:
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| Senate and
House of
Commons
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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, any committee or member of
either House, the Senate Ethics Officer or the
Ethics Commissioner.
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| Bill C-15
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39. If Bill C-15, introduced in the 2nd
session of the 37th Parliament and entitled
An Act to amend the Lobbyists Registration
Act (the ``other Act''), receives royal assent,
then the provisions mentioned in
subsections (2) to (4) are amended as
provided in those subsections.
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(2) On the later of the coming into force
of section 8 of the other Act and subsection
22(1) of this Act, subsection 10.2(1) of the
Lobbyists Registration Act is replaced by the
following:
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| Lobbyists'
Code of
Conduct
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10.2 (1) The registrar shall develop a
Lobbyists' Code of Conduct respecting the
activities described in subsections 5(1) and
7(1).
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(3) On the later of the coming into force
of section 10 of the other Act and section 23
of this Act,
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****(ii) compel persons to produce any
documents or other things that the registrar
considers necessary for the investigation,
including any record of a payment received,
disbursement made or expense incurred by an
individual who is required to file a return
under subsection 5(1) or by an employee who,
in accordance with paragraph 7(3)(f) or (f.1),
is named in a return filed under subsection
7(1), in respect of any matter referred to in any
of subparagraphs 5(1)(a)(i) to (vi) or 7(1)(a)(i)
to (v), as the case may be; and
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| Advice to
peace officers
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(7) If, during the course of performing
duties and functions under this section, the
registrar believes on reasonable grounds that
a person has committed an offence under this
or any other Act of Parliament or of the
legislature of a province, the registrar shall
advise a peace officer having jurisdiction to
investigate the alleged offence.
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| Suspension of
investigation
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(8) The registrar must immediately suspend
an investigation under this section of an
alleged breach of the Code by any person if
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| Investigation
continued
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(9) The registrar may not continue an
investigation under this section until any
investigation or charge regarding the same
subject-matter has been finally disposed of.
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(4) On the later of the coming into force
of section 11 of the other Act and section 23
of this Act, subsection 10.5(2) of the
Lobbyists Registration Act is replaced by the
following:
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| Contents of
report
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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 by an employee who, in accordance with
paragraph 7(3)(f) or (f.1), is named in a return
filed under subsection 7(1), in respect of any
matter referred to in any of subparagraphs
5(1)(a)(i) to (vi) or 7(1)(a)(i) to (v), as the case
may be, if the registrar considers publication
of the details to be in the public interest.
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| Bill C-22
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40. (1) If Bill C-22, introduced in the 2nd
session of the 37th Parliament and entitled
An Act to amend the Divorce Act, the Family
Orders and Agreements Enforcement
Assistance Act, the Garnishment,
Attachment and Pension Diversion Act and
the Judges Act and to amend other Acts in
consequence (the ``other Act''), receives
royal assent, then the provisions mentioned
in subsections (2) to (6) are amended as
provided in those subsections.
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(2) On the later of the coming into force
of section 48 of the other Act and section 12
of this Act, section 19 of the French version
of the Garnishment, Attachment and
Pension Diversion Act is replaced by the
following:
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| Lieu de la
signification
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19. (1) Les documents relatifs à une
saisie-arrêt prévue par la présente section
doivent être signifiés au Sénat, à la Chambre
des communes, à la bibliothèque du
Parlement, au bureau du conseiller sénatorial
en éthique ou au commissariat à l'éthique au
lieu indiqué dans les règlements.
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| Modes de
signification
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(2) En plus des modes de signification
prévus par le droit d'une province, la
signification de documents prévue au
paragraphe (1) peut se faire soit par courrier
recommandé, à l'intérieur ou à l'extérieur de
la province, soit de toute autre manière
réglementaire.
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| Date de
signification
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(3) La date de la signification de tout
document effectuée au Sénat, à la Chambre
des communes, à la bibliothèque du
Parlement, au bureau du conseiller sénatorial
en éthique ou au commissariat à l'éthique par
courrier recommandé est celle de sa réception.
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(3) On the later of the coming into force
of section 49 of the other Act and section 15
of this Act, section 23 of the Garnishment,
Attachment and Pension Diversion Act is
replaced by the following:
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| Method of
response
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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, 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
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(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
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(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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| Effect of
payment to
provincial
enforcement
service
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(3.1) Where a payment to a provincial
enforcement service is permitted under the
provincial garnishment law of the province of
a provincial enforcement service, a payment
to the provincial enforcement service by the
Senate, House of Commons, Library of
Parliament, office of the Senate Ethics Officer
or office of the Ethics Commissioner is a good
and sufficient discharge of liability, to the
extent of the payment.
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| Recovery of
overpayment
to debtor
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(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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| Payments to
party that
instituted
proceedings
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(5) Where moneys are paid to or for the
benefit of a party that instituted garnishment
proceedings permitted by this Division in
excess of the amount that should be paid to or
for the benefit of that party, the excess
becomes a debt due to the Senate, House of
Commons, Library of Parliament, office of the
Senate Ethics Officer or office of the Ethics
Commissioner, as the case may be, by that
party and may be recovered from the party by
deduction or set-off against any moneys
payable to or for the benefit of that party under
this Division.
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(4) On the later of the coming into force
of section 50 of the other Act and section 5
of this Act, section 28.2 of the Garnishment,
Attachment and Pension Diversion Act is
replaced by the following:
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| No liability
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28.2 No action lies against Her Majesty, any
Minister of the Crown in right of Canada or
any officer or employee of Her Majesty, or
against the Senate, House of Commons,
Library of Parliament, office of the Senate
Ethics Officer or office of the Ethics
Commissioner, or any of its officers or
employees, for anything done or omitted to be
done, or purported to be done or omitted to be
done, in good faith in the administration of this
Part or the discharge of any obligation, power
or duty under this Part.
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(5) On the later of the coming into force
of section 52 of the other Act and section 5
of this Act, paragraphs 30.1(2)(a) and (b) of
the Garnishment, Attachment and Pension
Diversion Act are replaced by the following:
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(6) On the later of the coming into force
of section 59 of the other Act and section 5
of this Act, paragraphs 48(2)(a) and (b) of
the Garnishment, Attachment and Pension
Diversion Act are replaced by the following:
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| Bill C-25
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41. (1) If Bill C-25, introduced in the 2nd
session of the 37th Parliament and entitled
the Public Service Modernization Act (the
``other Act''), receives royal assent, then the
provisions mentioned in subsections (2) and
(3) are amended as provided in those
subsections.
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(2) If section 210 of the other Act comes
into force before or at the same time as
section 36 of this Act, then section 36 of the
English version of this Act is replaced by the
following:
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36. The definition ``public service'' in
subsection 3(1) of the Public Service
Superannuation Act is replaced by the
following:
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| ``public
service'' « fonction publique »
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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, House
of Commons, Library of Parliament, office
of the Senate Ethics Officer and office of the
Ethics Commissioner and any board,
commission, corporation or portion of the
federal public administration specified in
Schedule I;
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(3) If section 210 of the other Act comes
into force after section 36 of this Act, then
section 210 of the other Act is replaced by
the following:
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| 1996, c. 18,
s. 21
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210. The definition ``Public Service'' in
subsection 3(1) of the English version of the
Act is replaced by the following:
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| ``public
service'' « fonction publique »
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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, House
of Commons, Library of Parliament, office
of the Senate Ethics Officer and office of the
Ethics Commissioner and any board,
commission, corporation or portion of the
federal public administration specified in
Schedule I;
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COMING INTO FORCE |
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| Order
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42. The provisions of this Act, other than
sections 38 to 41, come into force on a day
or days to be fixed by order of the Governor
in Council.
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