C-21714264Elizabeth II2015-2016An Act respecting the position and office of the Parliamentary Science Officer and to make consequential amendments to other ActsParliamentary Science Officer Act20162
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Mr. Stewart421038SUMMARYThis enactment establishes the position of the Parliamentary Science Officer. It also makes consequential amendments to other Acts.Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:Short TitleShort titleThis Act may be cited as the Parliamentary Science Officer Act.Parliamentary Science OfficerParliamentary Science OfficerThere is established the position of Parliamentary Science Officer.MandateThe mandate of the Parliamentary Science Officer is to advise and report to Parliament on all aspects related to science and technology in Canada in order toensure that the legislative process is informed by sound scientific and technical evidence;provide Parliament with accurate and timely advice on all scientific matters of relevance and on science and technology policy;promote transparency and integrity in scientific research;encourage coordination between all federal departments and agencies that conduct scientific and technical research; andraise awareness of science and technology issues across government and among Canadians.ResponsibilitiesThe mandate of the Parliamentary Science Officer includes the following responsibilities:to provide sound information and independent analysis — on his or her own initiative or when requested to do so under this section — to the Senate and to the House of Commons concerningfederal science and technology policy, including trends in public funding and support for scientific research,scientific integrity within federal departments and agencies, including the extent to which there is freedom from political influence in the research process and in the open communication of scientific results, andthe state of current scientific evi-dence — including accepted theories, established findings and existing uncer-tainties — relevant to any specific matter or proposal over which Parliament has jurisdiction;when requested to do so by a Committee of the Senate or of the House of Commons, or a committee of both Houses, to undertake research into any aspect of federal science and technology policy or to assess the state of scientific integrity within federal departments and agencies; when requested to do so by a member of either House or by a committee of the Senate or of the House of Commons, or a committee of both Houses, to assess the state of scientific and technical evidence — including accepted theories, established findings, and existing uncertainties — relevant to any specific matter or proposal over which Parliament has jurisdiction; andto communicate all of its research, analyses and reports to parliamentarians and Canadians in a clear and accessible manner.Complementary mandateWithout limiting the generality of subsections (1) and (2), the mandate of the Parliamentary Science Officer applies in such a way as to complement the activities and work of existing federal science and technology advisory bodies.Definition of legislative processFor the purposes of this section, legislative process meansthe consideration, analysis and study of bills, motions and regulations that are tabled in Parliament;the work of committees of the Senate or of the House of Commons and joint committees of both Houses; andthe work of individual parliamentarians in carrying out their parliamentary functions.AppointmentThe Governor in Council must, by commission under the Great Seal, appoint a Parliamentary Science Officer after consultation with the leader of every recognized party in both Houses of Parliament and approval of the appointment by resolution of those Houses.QualificationsIn order to be appointed under section 4, a person must, at the time of his or her appointment, be able to understand English and French without the aid of an interpreter and to express himself or herself clearly in both official languages; have an appropriate educational background, including a doctoral degree in natural sciences, engineering sciences, health sciences or social sciences; have experience conducting scientific research and a record of peer-reviewed publications in his or her field of specialization; and have extensive knowledge of federal science and technology policy, particularly within departments and agencies that undertake or support scientific research. Salary and travel and living expensesThe Parliamentary Science Officer is to be paid a salary equal to the salary of a judge of the Federal Court, other than the Chief Justice of the Federal Court, and is entitled to be paid reasonable travel and living expenses while absent from his or her ordinary place of residence in the course of his or her duties.TenureThe Parliamentary Science Officer holds office during good behaviour for a term of seven years, but may be removed for cause by the Governor in Council at any time on address of the Senate and House of Commons.One termNo person may be appointed as Parliamentary Science Officer for more than one term.New Parliamentary Science OfficerSix months prior to the expiration of the serving Parliamentary Science Officer’s term, the Governor in Council must confirm the appointment of a new Parliamentary Science Officer in accordance with section 4, to take effect upon the expiration of the serving Parliamentary Science Officer’s term.Cessation of officeIf the Parliamentary Science Officer ceases to hold office, the Governor in Council must appoint a new Parliamentary Science Officer, in accordance with section 4, no later than six months after the cessation of office.Circumstances of cessationA Parliamentary Science Officer ceases to hold office when he or she is removed for cause by the Governor in Council on address of the Senate and House of Commons;resigns;dies; oris otherwise incapacitated.No other office or employmentThe Parliamentary Science Officer must engage exclusively in the functions, duties and responsibilities assigned to his or her office under this Act or any other Act of Parliament and may not hold any other office under Her Majesty or engage in any other employment for reward.ExceptionDespite subsection (1), the Parliamentary Science Officer may conduct independent scientific research and participate in the peer-review process associated with being a scientist.Deputy headThe Parliamentary Science 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 Parliamentary Science Officer.Access to InformationAccess to data, information, etc.Except as provided by any other Act of Parliament that expressly refers to this section, the Parliamentary Science Officer is entitled, by request made to the deputy head of a department within the meaning of any of paragraphs (a), (a.1) and (d) of the definition department in section 2 of the Financial Administration Act, or to his or her equivalent, or to any other person designated by that deputy head or his or her equivalent for the purpose of this section, to free and timely access to any data, information, records, explanations and assistance that the Parliamentary Science Officer considers necessary for the performance of his or her mandate.Refusal to provide data, information, etc.If the deputy head of a department or his or her equivalent or designate refuses to provide the data, information, records, explanations or assistance requested under section 13, the Federal Court must, if it determines that there is no ground to refuse to provide the data, information, records, explanations or assistance, order the deputy head of the department or his or her equivalent or designate to provide the data, information, records, explanations or assistance, subject to such conditions as the Court deems appropriate.ExceptionSections 13 and 14 do not apply in respect of any data, information, records or explanations that are information the disclosure of which is restricted under section 19 of the Access to Information Act or any provision set out in Schedule II to that Act; or that are contained in a confidence of the Queen’s Privy Council for Canada described in subsection 69(1) of that Act, unless the data, information, records or explanations are also contained in any other record, within the meaning of section 3 of that Act, and are not information referred to in paragraph (a).ConfidentialityThe Parliamentary Science Officer, and every person acting on behalf or under the direction of the Parliamentary Science Officer, must not disclose any scientific data that come to their knowledge under section 13 or 14, unless the disclosure is essential for the performance of his or her mandate and the scientific data to which the disclosure relates are not information described in subsection 13(1), section 14, any of paragraphs 18(a) to (d), section 18.1, any of paragraphs 20(1)(b) to (d) or section 20.1 of the Access to Information Act.No other groundsNo grounds other than those described in section 15 may be relied upon to authorize a refusal to provide the data, information, records, explanations or assistance requested.PowersPowers to contractThe Parliamentary Science Officer may, in carrying out the work of the office of the Parliamentary Science Officer, enter into contracts, memoranda of understanding or other arrangements.StaffStaffThe Parliamentary Science Officer may employ any officers and employees and may engage the services of any agents, advisers and consultants that the Parliamentary Science Officer considers necessary for the proper conduct of the work of the office of the Parliamentary Science Officer.Technical assistanceThe Parliamentary Science Officer may engage on a temporary basis the services of persons having technical or specialized knowledge necessary for the performance of his or her mandate.EstimatesEstimates to be preparedPrior to each fiscal year, the Parliamentary Science Officer must cause to be prepared an estimate of the sums that will be required to pay the charges and ex-penses of the office of the Parliamentary Science Officer during the fiscal year.Inclusion in government estimatesThe estimate referred to in section 20 must be considered by the Speaker of the House of Commons and then transmitted to the President of the Treasury Board, who must lay it before the House of Commons with the estimates of the Government for the fiscal year.ReportAnnual reportThe Parliamentary Science Officer must report annually to the Senate and the House of Commons on the discharge of his or her mandate and the state of science and technology in Canada, calling attention in the report to anything that he or she considers to be of significance and of a nature that should be brought to the attention of the Senate or the House of Commons.Submission and tabling of annual reportThe report required by subsection (1) shall be submitted to the Speakers of the Senate and the House of Commons on or before December 31 in the year to which the report relates and the Speakers shall lay it before their respective Houses on any of the next 15 days on which that House is sitting after the Speaker receives the report.Release of reportsAny analysis, research or report that is prepared by the Parliamentary Science Officer pursuant to section 3 or 22 must immediately be made available to the public and to all members of the Senate and the House of Commons.Consequential AmendmentsR.S., c. F-11Financial Administration ActParagraph (c) of the definition appropriate minister in section 2 of the Financial Administration Act is replaced by the following: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 office of the Parliamentary Science Officer and the Parliamentary Protective Service, the Speakers of the Senate and the House of Commons, Paragraph (c) of the definition department in section 2 of the Act is replaced by the following:the staffs of the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, office of the Parliamentary Science Officer and Parliamentary Protective Service, andR.S., c. G-2Garnishment, Attachment and Pension Diversion ActThe heading 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, Office of the Conflict of Interest and Ethics Commissioner, Office of the Parliamentary Science Officer and Parliamentary Protective ServiceThe portion of paragraph (b) of the definition salary in section 16 of the Act before subparagraph (i) is replaced by the following:in the case of the staff of the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, office of the Parliamentary Science Officer or Parliamentary Protective Service 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, office of the Conflict of Interest and Ethics Commissioner, office of the Parliamentary Science Officer or Parliamentary Protective Service,The portion of section 17 of the Act before paragraph (a) is replaced by the following:
Garnishment of salaries, remunerationThe Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, office of the Parliamentary Science Officer and Parliamentary Protective Service are, subject to this Division and any regulation made under it, bound by provincial garnishment law in respect ofSubsection 18(1) of the Act is replaced by the following:Service binding Subject to this Division, service on the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, office of the Parliamentary Science Officer or Parliamentary Protective Service 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, office of the Conflict of Interest and Ethics Commissioner, office of the Parliamentary Science Officer or Parliamentary Protective Service, as the case may be, 15 days after the day on which those documents are served.Subsection 18(2) of the English version of the Act is replaced by the following:When service is effectiveA garnishee summons served on the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, office of the Parliamentary Science Officer or Parliamentary Protective Service is of no effect unless it is served on the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, office of the Parliamentary Science Officer or Parliamentary Protective Service, 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, office of the Conflict of Interest and Ethics Commissioner, office of the Parliamentary Science Officer or Parliamentary Protective Service, as the case may be.Subsection 19(1) of the Act is replaced by the following:Place of serviceService of documents on the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, office of the Parliamentary Science Officer or Parliamentary Protective Service in connection with garnishment proceedings permitted by this Division must be effected at the place specified in the regulations.Subsection 19(2) of the English version of the Act is replaced by the following:Method of serviceIn 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, office of the Conflict of Interest and Ethics Commissioner, office of the Parliamentary Science Officer or Parliamentary Protective Service under subsection (1) may be effected by registered mail, whether within or outside the province, or by any other method prescribed. Subsection 19(3) of the Act is replaced by the following:If service by registered mailIf service of a document on the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, office of the Parliamentary Science Officer or Parliamentary Protective Service 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, office of the Conflict of Interest and Ethics Commissioner, office of the Parliamentary Science Officer or Parliamentary Protective Service, as the case may be. Subparagraph 21(a)(i) of the English version of the Act is replaced by the following: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, office of the Conflict of Interest and Ethics Commissioner, office of the Parliamentary Science Officer or Parliamentary Protective Service, as the case may be, is bound by the garnishee summons, andParagraph 21(b) of the English version of the Act is replaced by the following:in the case of remuneration described in paragraph 17(b), the remuneration payable on the 15th day following the day on which the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, office of the Parliamentary Science Officer or Parliamentary Protective Service, as the case may be, is bound by the garnishee summons, andeither any remuneration becoming payable in the 30 days following the 15th day after the day on which the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, office of the Parliamentary Science Officer or Parliamentary Protective Service, as the case may be, is bound by the garnishee summons that is owing on that 15th day or that becomes owing in the 14 days following that 15th day, orif the garnishee summons has continuing effect under the law of the province, any remu-neration becoming payable subsequent to the 15th day after the day on which the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, office of the Parliamentary Science Officer or Parliamentary Protective Service, as the case may be, is bound by the garnishee summons.The portion of section 22 of the Act before paragraph (a) is replaced by the following:Time period to respond to garnishee summonsThe Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, office of the Parliamentary Science Officer or Parliamentary Protective Service has the following time period within which to respond to a garnishee summons:Subsection 22(a) of the English version of the Act is replaced by the following:in the case of a salary, 15 days, or any lesser number of days that 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, office of the Conflict of Interest and Ethics Commissioner, office of the Parliamentary Science Officer or Parliamentary Protective Service is bound by the garnishee summons; orSubsection 23(1) of the Act is replaced by the following:Method of responseIn 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, office of the Conflict of Interest and Ethics Commissioner, office of the Parliamentary Science Officer or Parliamentary Protective Service may respond to a garnishee summons by registered mail or by any other method prescribed.Subsection 23(2) of the English version of the Act is replaced by the following: Response by registered mailIf the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, office of the Parliamentary Science Officer or Parliamentary Protective Service 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, office of the Conflict of Interest and Ethics Commissioner, office of the Parliamentary Science Officer or Parliamentary Protective Service, as the case may be, has responded to the garnishee summons. Subsections 23(3) and (4) of the Act are replaced by the following: Effect of payment into courtA payment into court by the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, office of the Parliamentary Science Officer or Parliamentary Protective Service under this section is a good and sufficient discharge of liability, to the extent of the payment.Recovery of overpayment to debtorIf, in honouring a garnishee summons, the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, office of the Parliamentary Science Officer or Parliamentary Protective Service, 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, office of the Conflict of Interest and Ethics Commissioner, office of the Parliamentary Science Officer or Parliamentary Protective Service, 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. Paragraph 24(a) of the Act is replaced by the following:specifying the place where service of documents on the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, office of the Parliamentary Science Officer or Parliamentary Protective Service must be effected in connection with garnishment proceedings permitted by this Division;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, office of the Conflict of Interest and Ethics Commissioner, office of the Parliamentary Science Officer or Parliamentary Protective Service in garnishment proceedings permitted by this Part.R.S., c. G-5Government Employees Compensation ActParagraph (e) of the definition employee in section 2 of the Government Employees Compensation Act is replaced by the following:any officer or employee of the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, office of the Parliamentary Science Officer or Parliamentary Protective Service;R.S., c. 15 (4th Supp.)Non-smokers' Health ActParagraph (c) of the definition employer in subsection 2(1) of the Non-smokers' Health Act is replaced by the following: the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, office of the Parliamentary Science Officer or Parliamentary Protective Service, in relation to their employees or the employees of a committee of the Senate or House of Commons, as the case may be, orR.S., c. 31 (4th Supp.)Official Languages ActThe definition federal institution in subsection 3(1) of the Official Languages Act is amended by adding the following after paragraph (c.2):the office of the Parliamentary Science Officer,Section 33 of the Act is replaced by the following:Regulations The Governor in Council may make any regulations that the Governor in Council considers 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, office of the Conflict of Interest and Ethics Commissioner, office of the Parliamentary Science Officer or Parliamentary Protective Service — in both official languages, if those communications and services are required under this Part to be provided in both official languages.The portion of subsection 38(1) of the Act before paragraph (a) is replaced by the following:RegulationsThe 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, office of the Conflict of Interest and Ethics Commissioner, office of the Parliamentary Science Officer or Parliamentary Protective Service,Paragraph 38(2)(b) of the English version of the Act is replaced by the following:substituting, with respect to any federal institution other than the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, office of the Parliamentary Science Officer or Parliamentary Protective Service, 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.Subsection 46(1) of the Act is replaced by the following: Responsibilities of Treasury Board 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, office of the Conflict of Interest and Ethics Commissioner, office of the Parliamentary Science Officer and Parliamentary Protective Service.Paragraph 93(a) of the Act is replaced by the following: 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, office of the Conflict of Interest and Ethics Commissioner, office of the Parliamentary Science Officer or Parliamentary Protective Service; andR.S., c. 33 (2nd Supp.)Parliamentary Employment and Staff Relations ActThe 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, office of the Conflict of Interest and Ethics Commissioner, office of the Parliamentary Science Officer and Parliamentary Protective ServiceParagraph 2(a) of the Act is replaced by the following:the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, office of the Parliamentary Science Officer or Parliamentary Protective Service, andThe definition employer in section 3 of the Act is amended by adding the following after paragraph (c):the office of the Parliamentary Science Officer as represented by the Parliamentary Science Officer, Section 85 of the Act is amended by adding the following after paragraph (c):the office of the Parliamentary Science Officer as represented by the Parliamentary Science Officer,R.S., c. P-36Public Service Superannuation ActThe definition public service in subsection 3(1) of the Public Service Superannuation Act is replaced by the following:public servicefonction publiquepublic 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, office of the Conflict of Interest and Ethics Commissioner, office of the Parliamentary Science Officer and Parliamentary Protective Service and any board, commission, corporation or portion of the federal public administration specified in Schedule I;R.S., c. R-2Radiocommunication ActSubsection 3(1) of the Radiocommunication Act is replaced by the following:Application to Her Majesty and ParliamentSubject 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, office of the Conflict of Interest and Ethics Commissioner, office of the Parliamentary Science Officer and Parliamentary Protective Service and on Her Majesty in right of a province.The portion of subsection 3(2) of the Act before paragraph (a) is replaced by the following:ExemptionsThe 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, office of the Conflict of Interest and Ethics Commissioner, office of the Parliamentary Science Officer or Parliamentary Protective Service, 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