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Bill C-34

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R.S., c. G-5

Government Employees Compensation Act

18. Paragraph (e) of the definition ``employee'' in section 2 of the Government Employees Compensation Act is replaced by the following:

      (e) any officer or employee of the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner;

R.S., c. 44 (4th Supp.)

Lobbyists Registration Act

1995, c. 12, s. 1(2)

19. The definition ``Ethics Counsellor'' in subsection 2(1) of the Lobbyists Registration Act is repealed.

1995, c. 12, s. 5

20. Subsection 10(1) of the Act is replaced by the following:

Interpretation bulletins

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 10.2 to 10.6.

1995, c. 12, s. 5

21. Section 10.1 of the Act is repealed.

1995, c. 12, s. 5

22. (1) Subsection 10.2(1) of the Act is replaced by the following:

Lobbyists' Code of Conduct

10.2 (1) The registrar shall develop a Lobbyists' Code of Conduct respecting the activities described in subsections 5(1), 6(1) and 7(1).

1995, c. 12, s. 5

(2) Subsection 10.2(2) of the English version of the Act is replaced by the following:

Consultation

(2) In developing the Code, the registrar shall consult persons and organizations that the registrar considers are interested in the Code.

1995, c. 12, s. 5

23. Sections 10.4 to 10.6 of the Act are replaced by the following:

Investigation of breaches

10.4 (1) Where the registrar believes on reasonable grounds that a person has breached the Code, the registrar shall investigate to determine whether a breach has occurred.

Powers of investigation

(2) For the purpose of conducting the investigation, the registrar may

    (a) in the same manner and to the same extent as a superior court of record,

      (i) summon and enforce the attendance of persons before the registrar and compel them to give oral or written evidence on oath, and

      (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 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

    (b) administer oaths and receive and accept information, whether or not it would be admissible as evidence in a court of law.

Investigation in private

(3) The investigation shall be conducted in private.

Evidence in other proceedings

(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 registrar .

Opportunity to present views

(5) Before finding that a person has breached the Code, the registrar shall give the person a reasonable opportunity to present their views to the registrar .

Confidentialit y

(6) The registrar , and every person acting on behalf of or under the direction of the registrar, may not disclose any information that comes to their knowledge in the performance of their duties and functions under this section, unless

    (a) the disclosure is, in the opinion of the registrar , 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

    (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 registrar .

Report

10.5 (1) After conducting an investigation, the registrar shall prepare a report of the investigation, including the findings, conclusions and reasons for the registrar'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.

Contents of report

(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 registrar considers publication of the details to be in the public interest.

Annual report

10.6 The registrar 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 registrar 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.

1995, c. 12, s. 6

24. Subsection 11(1) of the Act is replaced by the following:

Annual report

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 10.2 to 10.6, during that fiscal year and submit the report to the Registrar General of Canada.

R.S., c. 15 (4th Supp.)

Non-smokers' Health Act

1989, c. 7, s. 1

25. Paragraph (c) of the definition ``employer'' in subsection 2(1) of the Non-smokers' Health Act is replaced by the following:

      (c) the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner , in relation to employees thereof or employees of a committee of the Senate or House of Commons, as the case may be, or

R.S., c. 31 (4th Supp.)

Official Languages Act

26. The definition ``federal institution'' in subsection 3(1) of the Official Languages Act is amended by adding the following after paragraph (c):

      (c.1) the office of the Senate Ethics Officer and the office of the Ethics Commissioner,

27. Section 33 of the Act is replaced by the following:

Regulations

33. The Governor in Council may make any regulations that the Governor in Council deems 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 or office of the Ethics Commissioner - in both official languages, where those communications and services are required under this Part to be provided in both official languages.

28. (1) The portion of subsection 38(1) of the Act before paragraph (a) is replaced by the following:

Regulations

38. (1) The 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 or office of the Ethics Commissioner,

(2) Paragraph 38(2)(b) of the English version of the Act is replaced by the following:

    (b) substituting, with respect to any federal institution other than the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner , 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.

29. Subsection 46(1) of the Act is replaced by the following:

Responsibiliti es of Treasury Board

46. (1) The Treasury Board has responsibility for the general direction and coordination of the policies and programs of the Govenment 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 and office of the Ethics Commissioner.

30. Paragraph 93(a) of the Act is replaced by the following:

    (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, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner ; and

R.S., c. 33 (2nd Supp.)

Parliamentary Employment and Staff Relations Act

31. The 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 and office of the Eth ics Commissioner

32. Paragraph 2(a) of the Act is replaced by the following:

    (a) the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner , and

33. The definition ``employer'' in section 3 of the Act is amended by striking out the word ``or'' at the end of paragraph (b) and by adding the following after paragraph (c):

      (d) the office of the Senate Ethics Officer as represented by the Ethics Officer, or

      (e) the office of the Ethics Commissioner as represented by the Ethics Commissioner;

34. Section 85 of the Act is amended by striking out the word ``or'' at the end of paragraph (c) and by adding the following after paragraph (c):

    (c.1) the office of the Senate Ethics Officer as represented by the Ethics Officer;

    (c.2) the office of the Ethics Commissioner as represented by the Ethics Commissioner; or

R.S., c. P-21

Privacy Act

1995, c. 12, s. 11

35. The schedule to the Privacy Act is amended by striking out the following under the heading ``Other Government Institutions'':

Ethics Counsellor

    Conseiller en éthique

R.S., c. P-36

Public Service Superannuation Act

1996, c. 18, s. 21

36. The definition ``Public Service'' in subsection 3(1) of the Public Service Superannuation Act is replaced by the following:

``Public Service''
« fonction publique »

``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 public service of Canada specified in Schedule I;

R.S., c. R-2; 1989, c. 17, s. 2

Radiocommunication Act

1989, c. 17, s. 4

37. (1) Subsection 3(1) of the Radiocommunication Act is replaced by the following:

Application to Her Majesty and Parliament

3. (1) Subject 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 and office of the Ethics Commissioner and on Her Majesty in right of a province.

1989, c. 17, s. 4

(2) The portion of subsection 3(2) of the Act before paragraph (a) is replaced by the following:

Exemptions

(2) The 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 or office of the Ethics Commissioner , 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