Bill C-388

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First Reading

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Considera- tion of report	(3) Within fifteen sitting days after a report has been laid before the House of Commons or within such further time as the House may authorize, that House shall, in accordance with its own rules of procedure, decide whether to implement a recommendation contained in the report.
Vote	(4) If, on the expiration of the appropriate time period, a decision has not been reached, the Speaker of the House of Commons shall, without further delay, put any question necessary for that purpose to the House.
	Meeting with the Commissioner
Meeting with the Commission- er	38. After reviewing the confidential statement received from a minister under subsection 8(1), the Commissioner may require the minister and the minister's family to meet, at a mutually agreeable time, to ensure that adequate disclosure has been made and to discuss the minister's obligations under this Act.
Directives of the Commission- er	39. (1) After reviewing the confidential statement of a minister under subsection 8(1), and taking into account the information obtained from the meeting under section 38, the Commissioner shall issue directives to the minister regarding the actions the minister is to take to fulfil the obligations imposed by this Act and specifying a time for compliance; the Commissioner may require the minister to take one of the actions described in subsection 23(3).
Obligation of the minister	(2) The minister shall comply with the directives issued by the Commissioner under subsection (1).
Annual meeting	40. (1) The Commissioner shall meet with each minister annually to discuss the minister's obligations under this Act, and the meeting shall be held at a mutually convenient time.
Directives of the Commission- er	(2) Following the annual meeting with each minister, the Commissioner shall issue directives to each minister concerning the actions the minister is to take to fulfil the obligations imposed by this Act, taking care to specify the time by which the minister must comply.
Obligation of the minister	(3) The minister shall comply with the directives issued by the Commissioner under subsection (2).
Meeting at the minister's request	41. (1) The minister may, at any time, request a meeting with the Commissioner to obtain advice regarding the provisions of this Act.
Meeting with the Commission- er	(2) On receiving a request for a meeting with a minister, the Commissioner shall meet with the minister as soon as possible and provide the minister with appropriate advice.
Meeting with the Commission- er	42. As soon as a person ceases to occupy the office of minister, the Commissioner shall meet with the person to advise about post-employment requirements under Part 7.
	Immunity
Immunity	43. (1) No action lies against the Commissioner or any members of the Commissioner's staff to the extent that the Commission has acted within its authority under this Act.
Minister not competent nor compellable	(2) The Commissioner and the members of the Commissioner's staff are not competent or compellable witnesses in any proceeding arising out of or in relation to any actions taken under the Act, except in relation to a question as to whether the Commissioner or member of the Commissioner's staff acted within their authority under this Act.
	Reimbursement for costs incurred
Reimburse- ment for costs incurred	44. Where application is made in the prescribed form by the minister, the Commissioner shall reimburse the minister from the money made available by Parliament for the expenses of the Commissioner's office, for the following costs in accordance with prescribed tariffs incurred by the minister to comply with this Act:
	(a) where a minister divests or has divested himself or herself of assets,
	(i) reasonable legal, accounting and transfer costs to establish or terminate a trust or management arrangement determined to be necessary by the Commissioner,
	(ii) extraordinary costs prescribed by regulation to maintain and administer the trust or management arrangement,
	(iii) commissions for the transfer, conversion or sale of assets where this was determined to be necessary by the Commissioner, and
	(iv) costs of other financial, legal or accounting services required because of the complexity of arrangements for dealing with such assets; and
	(b) where a minister withdraws from an activity, the cost of removing the minister's name from federal or provincial registries of companies.
Exception	(2) A minister shall not be reimbursed for the following costs:
	(a) charges for day-to-day operations of a business or commercial entity;
	(b) charges associated with winding down a business; or
	(c) costs for acquiring permitted assets using proceeds from the required sale of other assets.
	Public Registry
Public registry	45. The Commission shall establish and maintain a public registry in which the statement referred to in section 11 shall be kept.
	Conservation of documents
Conservation of documents	46. The Commissioner shall retain all documents concerning a minister or the minister's family, whether or not the documents have been placed in the public registry, for five years following the date on which the minister ceases to be a minister, and the documents shall be thereafter destroyed unless an investigation is in progress under this Act or a charge has been made against the minister and the document concerns or could concern this matter.
	Annual report
Annual report	47. (1) Not later than three months after the end of each fiscal year, the Commissioner shall prepare for the House of Commons a report on the operation of this Act during the preceding year.
Tabling of report	(2) The annual report shall be submitted to the Speaker of the House of Commons who shall lay it before that House within the first fifteen sitting days of the House following reception of the report.
No disclosure	(3) Subject to any other provisions of this Act, the Commissioner shall take all necessary precautions to avoid revealing in the annual report information from a confidential statement filed under this Act.
	PART 9
	OFFENCES AND PENALTIES
Offences and penalties	48. (1) Everyone who contravenes subsections 8(1) to (3), 10(1), 11(1) or (2), 12(1) or 13(1) or (2), section 14 or subsection 23(2) or 26(1) is guilty of an offence punishable on summary conviction and liable to a fine not exceeding $5,000.
Offences and penalties	(2) Everyone who contravenes subsection 12(4) or section 20 is guilty of an offence punishable on summary conviction and liable to a fine not exceeding $10,000.
Offences and penalties	(3) Everyone who contravenes section 17 or 18, subsection 19(1) or (3), section 21 or 25 or subsection 26(3) is guilty of an offence punishable on summary conviction and liable to a fine not exceeding $20,000.
Offences and penalties	(4) Everyone who contravenes section 22 or subsection 23(1), (4) or (5), 39(2) or 40(3) is guilty of an offence punishable on summary conviction and liable to a fine not exceeding $50,000.
Limitation period	(5) Any proceedings in respect of an offence described in subsections (1) to (3) may be instituted at any time within but not later than three years after the time when the subject matter of the proceedings arose.
Limitation period	(6) Any proceedings in respect of an offence described in subsection (4) may be instituted at any time but not later than five years after the time when the subject matter of the proceedings arose.
	PART 10
	REGULATIONS
Regulations	49. (1) The Governor in Council may make regulations
	(a) prescribing the form of statements, notices, divestment plans and other documents required to be submitted to the Commissioner under this Act;
	(b) prescribing the form of the applications and requests that may be submitted to the Commissioner under this Act;
	(c) defining any term or expression that is, by any provision of this Act, to have a meaning assigned by regulation;
	(d) establishing the tariffs for the reimbursements provided for in section 44;
	(e) prescribing extraordinary costs to be reimbursed to the minister under section 44; and
	(f) prescribing anything that is to be prescribed by the regulations.
Prior approval	(2) No regulation made by the Governor in Council under subsection (1) shall come into force unless it has been approved by the Committee of the House of Commons that normally considers matters relating to procedure and House affairs.
	COMING INTO FORCE
Coming into force	50. This Act shall come into force three months after the day it receives royal assent.