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52-53 ELIZABETH II |
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CHAPTER 7 |
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An Act to amend the Parliament of Canada
Act (Ethics Commissioner and Senate
Ethics Officer) and other Acts in
consequence
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[Assented to 31st March, 2004]
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| R.S., c. P-1
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PARLIAMENT OF CANADA ACT |
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1. Sections 14 and 15 of the Parliament of
Canada Act are repealed.
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2. The Act is amended by adding the
following after section 20:
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Senate Ethics Officer |
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| Appointment
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20.1 The Governor in Council shall, by
commission under the Great Seal, appoint a
Senate Ethics Officer after consultation with
the leader of every recognized party in the
Senate and after approval of the appointment
by resolution of the Senate.
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| Tenure
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20.2 (1) The Senate Ethics Officer holds
office during good behaviour for a term of
seven years and may be removed for cause by
the Governor in Council on address of the
Senate. He or she may be reappointed for one
or more terms of up to seven years each.
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| Interim
appointment
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(2) In the event of the absence or incapacity
of the Senate Ethics Officer, or if that office is
vacant, the Governor in Council may appoint
a qualified person to hold that office in the
interim for a term of up to six months.
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| Remunera- tion
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20.3 (1) The Senate Ethics Officer shall be
paid the remuneration set by the Governor in
Council.
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| Expenses
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(2) The Senate Ethics Officer is entitled to
be paid reasonable travel and living expenses
incurred in the performance of his or her duties
or functions while absent from his or her
ordinary place of residence, in the case of a
part-time appointment, and ordinary place of
work, in the case of a full-time appointment.
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| Functions -
part-time
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(3) In the case of a part-time appointment,
the Senate Ethics Officer may not accept or
hold any office or employment - or carry on
any activity - inconsistent with his or her
duties and functions under this Act.
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| Functions - f
ull-time
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(4) In the case of a full-time appointment,
the Senate Ethics Officer shall engage
exclusively in the duties and functions of the
Senate Ethics Officer and may not hold any
other office under Her Majesty or engage in
any other employment for reward.
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| Deputy head
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20.4 (1) The Senate Ethics Officer has the
rank of a deputy head of a department of the
Government of Canada and has the control
and management of the office of the Senate
Ethics Officer.
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| Powers to
contract
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(2) The Senate Ethics Officer may, in
carrying out the work of the office of the
Senate Ethics Officer, enter into contracts,
memoranda of understanding or other
arrangements.
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| Staff
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(3) The Senate Ethics Officer may employ
any officers and employees and may engage
the services of any agents, advisers and
consultants that the Senate Ethics Officer
considers necessary for the proper conduct of
the work of the office of the Senate Ethics
Officer.
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| Authoriza- tion
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(4) The Senate Ethics Officer may, subject
to the conditions he or she sets, authorize any
person to exercise any powers under
subsection (2) or (3) on behalf of the Senate
Ethics Officer that he or she may determine.
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| Salaries
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(5) The salaries of the officers and
employees of the office of the Senate Ethics
Officer shall be fixed according to the scale
provided by law.
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| Payment
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(6) The salaries of the officers and
employees of the office of the Senate Ethics
Officer, and any casual expenses connected
with the office, shall be paid out of moneys
provided by Parliament for that purpose.
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| Estimates to
be prepared
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(7) Prior to each fiscal year, the Senate
Ethics Officer shall cause to be prepared an
estimate of the sums that will be required to
pay the charges and expenses of the office of
the Senate Ethics Officer during the fiscal
year.
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| Inclusion in
Government
estimates
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(8) The estimate referred to in subsection
(7) shall be considered by the Speaker of the
Senate and then transmitted to the President of
the Treasury Board, who shall lay it before the
House of Commons with the estimates of the
government for the fiscal year.
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| Duties and
functions
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20.5 (1) The Senate Ethics Officer shall
perform the duties and functions assigned by
the Senate for governing the conduct of
members of the Senate when carrying out the
duties and functions of their office as members
of the Senate.
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| Privileges and
immunities
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(2) The duties and functions of the Senate
Ethics Officer are carried out within the
institution of the Senate. The Senate Ethics
Officer enjoys the privileges and immunities
of the Senate and its members when carrying
out those duties and functions.
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| General
direction of
committee
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(3) The Senate Ethics Officer shall carry out
those duties and functions under the general
direction of any committee of the Senate that
may be designated or established by the
Senate for that purpose.
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| Clarification
- ethical
principles, etc.
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(4) For greater certainty, the administration
of any ethical principles, rules or obligations
established by the Prime Minister for public
office holders within the meaning of section
72.06 and applicable to ministers of the
Crown, ministers of state or parliamentary
secretaries is not part of the duties and
functions of the Senate Ethics Officer or the
committee.
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| Clarification
- powers,
etc., of the
Senate
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(5) For greater certainty, this section shall
not be interpreted as limiting in any way the
powers, privileges, rights and immunities of
the Senate or its members.
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| No summons
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20.6 (1) The Senate Ethics Officer, or any
person acting on behalf or under the direction
of the Senate Ethics Officer, is not a competent
or compellable witness in respect of any
matter coming to his or her knowledge as a
result of exercising any powers or performing
any duties or functions of the Senate Ethics
Officer under this Act.
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| Protection
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(2) No criminal or civil proceedings lie
against the Senate Ethics Officer, or any
person acting on behalf or under the direction
of the Senate Ethics Officer, for anything
done, reported or said in good faith in the
exercise or purported exercise of any power,
or the performance or purported performance
of any duty or function, of the Senate Ethics
Officer under this Act.
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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 Senate Ethics Officer may otherwise
enjoy.
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| Annual report
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20.7 (1) The Senate Ethics Officer shall,
within three months after the end of each fiscal
year, submit a report on his or her activities
under section 20.5 for that year to the Speaker
of the Senate, who shall table the report in the
Senate.
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| Confidentia- lity
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(2) The Senate Ethics Officer may not
include in the annual report any information
that he or she is required to keep confidential.
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| 2000, c. 12,
s. 210
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3. Sections 34 to 40 of the Act are replaced
by the following:
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| Disqualifi- cation
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35. If any member of the House of
Commons accepts any office or commission
that, by virtue of this Division, renders a
person incapable of being elected to, or of
sitting or voting in, the House of Commons,
the seat of the member is vacated and the
member's election becomes void.
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4. The Act is amended by adding the
following after the heading ``GENERAL''
of Part V:
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Ethics Commissioner |
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| Appointment
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72.01 The Governor in Council shall, by
commission under the Great Seal, appoint an
Ethics Commissioner after consultation with
the leader of every recognized party in the
House of Commons and after approval of the
appointment by resolution of that House.
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| Tenure
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72.02 (1) The Ethics Commissioner holds
office during good behaviour for a term of five
years and may be removed for cause by the
Governor in Council on address of the House
of Commons. He or she may be reappointed
for one or more terms of up to five years each.
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| Interim
appointment
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(2) In the event of the absence or incapacity
of the Ethics Commissioner, or if that office is
vacant, the Governor in Council may appoint
a qualified person to hold that office in the
interim for a term of up to six months.
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| Remunera- tion
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72.03 (1) The Ethics Commissioner shall be
paid the remuneration set by the Governor in
Council.
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| Expenses
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(2) The Ethics Commissioner is entitled to
be paid reasonable travel and living expenses
incurred in the performance of his or her duties
or functions while absent from his or her
ordinary place of work.
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| Carrying out
functions
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(3) The Ethics Commissioner shall engage
exclusively in the duties and functions of the
Ethics Commissioner and may not hold any
other office under Her Majesty or engage in
any other employment for reward.
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| Deputy head
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72.04 (1) The Ethics Commissioner has the
rank of a deputy head of a department of the
Government of Canada and has the control
and management of the office of the Ethics
Commissioner.
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| Powers to
contract
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(2) The Ethics Commissioner may, in
carrying out the work of the office of the
Ethics Commissioner, enter into contracts,
memoranda of understanding or other
arrangements.
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| Staff
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(3) The Ethics Commissioner may employ
any officers and employees and may engage
the services of any agents, advisers and
consultants that the Ethics Commissioner
considers necessary for the proper conduct of
the work of the office of the Ethics
Commissioner.
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| Authoriza- tion
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(4) The Ethics Commissioner may, subject
to the conditions he or she sets, authorize any
person to exercise any powers under
subsection (2) or (3) on behalf of the Ethics
Commissioner that he or she may determine.
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| Salaries
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(5) The salaries of the officers and
employees of the office of the Ethics
Commissioner shall be fixed according to the
scale provided by law.
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| Payment
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(6) The salaries of the officers and
employees of the office of the Ethics
Commissioner, and any casual expenses
connected with the office, shall be paid out of
moneys provided by Parliament for that
purpose.
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| Estimates to
be prepared
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(7) Prior to each fiscal year, the Ethics
Commissioner shall cause to be prepared an
estimate of the sums that will be required to
pay the charges and expenses of the office of
the Ethics Commissioner during the fiscal
year.
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| Inclusion in
Government
estimates
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(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.
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Functions in Relation to Members of the House of Commons |
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| Duties and
functions
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72.05 (1) The Ethics Commissioner shall
perform the duties and functions assigned by
the House of Commons for governing the
conduct of its members when carrying out the
duties and functions of their office as members
of that House.
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| Privileges and
immunities
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(2) The duties and functions of the Ethics
Commissioner are carried out within the
institution of the House of Commons. The
Ethics Commissioner enjoys the privileges
and immunities of the House of Commons and
its members when carrying out those duties
and functions.
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| General
direction of
committee
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(3) The Ethics Commissioner shall carry
out those duties and functions under the
general direction of any committee of the
House of Commons that may be designated or
established by that House for that purpose.
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| Clarification
- ethical
principles, etc.
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(4) For greater certainty, the administration
of any ethical principles, rules or obligations
established by the Prime Minister for public
office holders, and applicable to ministers of
the Crown, ministers of state or parliamentary
secretaries, is not within the jurisdiction of the
Ethics Commissioner under subsection (1) or
the committee.
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| Clarification
- powers,
etc., of House
of Commons
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(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.
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Functions in Relation to Public Office Holders |
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| Definition of
``public office
holder''
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72.06 For the purposes of sections 20.5,
72.05 and 72.07 to 72.09, ``public office
holder'' means
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| Principles,
rules and
obligations
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72.061 The Prime Minister shall establish
ethical principles, rules and obligations for
public office holders.
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| Tabling
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72.062 The ethical principles, rules and
obligations for public office holders shall be
laid before each House of Parliament within
30 sitting days after the Prime Minister
assumes office, and any subsequent changes
to those ethical principles, rules and
obligations shall be laid before that House
within 15 sitting days after they are
established.
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| Mandate
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72.07 The mandate of the Ethics
Commissioner in relation to public office
holders is
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| Request from
parliamentaria
n
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72.08 (1) A member of the Senate or House
of Commons who has reasonable grounds to
believe that a minister of the Crown, a
minister of state or a parliamentary secretary
has not observed the ethical principles, rules
or obligations established by the Prime
Minister for public holders office may, in
writing, request that the Ethics Commissioner
examine the matter.
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| Content of
request
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(2) The request shall identify the alleged
non-observance of the ethical principles, rules
or obligations established by the Prime
Minister for public office holders and set out
the reasonable grounds for the belief that they
have not been observed.
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| Examination
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(3) The Ethics Commissioner shall examine
the matter described in a request and, having
regard to all the circumstances of the case,
may discontinue the examination.
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| Report
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(4) The Ethics Commissioner shall, even if
he or she discontinues the examination of a
request, provide the Prime Minister with a
report setting out the facts in question as well
as the Ethics Commissioner's analysis and
conclusions in relation to the request.
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| Making report
available
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(5) The Ethics Commissioner shall, at the
same time that the report is provided under
subsection (4), provide a copy to the member
who made the request - and the minister or
parliamentary secretary who is the subject of
the request - and make the report available
to the public.
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| Confidentia- lity
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(6) The Ethics Commissioner may not
include in the report any information that he or
she is required to keep confidential.
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| Presentation
of views
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72.09 Before providing confidential advice
under paragraph 72.07(b) or a report under
subsection 72.08(4), the Ethics Commissioner
shall provide the public office holder
concerned with a reasonable opportunity to
present his or her views.
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| Powers
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72.1 (1) For the purposes of paragraph
72.07(b) and section 72.08, the Ethics
Commissioner has the power to summon
witnesses and require them
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