;

Bill C-4

If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.

PDF

	(b) to produce any documents and things that the Ethics Commissioner considers necessary.
Enforcement	(2) The Ethics Commissioner has the same power to enforce the attendance of witnesses and to compel them to give evidence as a court of record in civil cases.
Powers exercised in private	(3) The powers referred to in subsections (1) and (2) shall be exercised in private.
Inadmissibi- lity	(4) Information given by a person under this section is inadmissible against the person in a court or in any proceeding, other than in a prosecution of the person for an offence under section 131 of the Criminal Code (perjury) in respect of a statement made to the Ethics Commissioner.
Confidentia- lity	(5) The Ethics Commissioner, and every person acting on behalf or under the direction of the Ethics Commissioner, 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 Ethics Commissioner, essential for the purposes of this section; or
	(b) the information is disclosed 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 Ethics Commissioner.
Suspension of examination	72.11 (1) The Ethics Commissioner shall immediately suspend an examination referred to in section 72.08 if
	(a) the Ethics Commissioner believes on reasonable grounds that the minister or parliamentary secretary has committed an offence under an Act of Parliament in respect of the same subject matter, in which case the Ethics Commissioner shall notify the relevant authorities; or
	(b) it is discovered that the subject matter of the examination is also the subject matter of an investigation to determine whether an offence referred to in paragraph (a) has been committed or that a charge has been laid in respect of that subject matter.
Investigation continued	(2) The Ethics Commissioner may not continue an examination until any investigation or charge in respect of the same subject matter has been finally disposed of.
	General
No summons	72.12 (1) The Ethics Commissioner, or any person acting on behalf or under the direction of the Ethics Commissioner, 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 Ethics Commissioner under this Act.
Protection	(2) No criminal or civil proceedings lie against the Ethics Commissioner, or any person acting on behalf or under the direction of the Ethics Commissioner, 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 Ethics Commissioner under this Act.
Clarification	(3) The protection provided under subsections (1) and (2) does not limit any powers, privileges, rights and immunities that the Ethics Commissioner may otherwise enjoy.
Annual reports	72.13 (1) Within three months after the end of each fiscal year, the Ethics Commissioner
	(a) shall submit a report on his or her activities under section 72.05 for that year to the Speaker of the House of Commons, who shall table the report in that House; and
	(b) shall submit a report on his or her activities under sections 72.07 and 72.08 for that year to the Speaker of the Senate and the Speaker of the House of Commons, who shall each table the report in the House over which he or she presides.
Confidentia- lity	(2) The Ethics Commissioner may not include in the annual reports any information that he or she is required to keep confidential.
	CONSEQUENTIAL AMENDMENTS
R.S., c. A-1	Access to Information Act
1995, c. 12, s. 8	*5. Schedule I to the Access to Information Act* is amended by striking out the following under the heading ``Other Government Institutions'':**
	Ethics Counsellor
	Conseiller en éthique
R.S., c. C-10	Canada Post Corporation Act
	6. Subsection 35(2) of the Canada Post Corporation Act is amended by striking out the word ``or'' at the end of paragraph (b), by adding the word ``or'' at the end of paragraph (c) and by adding the following after paragraph (c):
	(d) the Ethics Commissioner or Senate Ethics Officer
R.S., c. F-7	Federal Court Act
1990, c. 8, s. 1(4)	*7. Subsection 2(2) of the Federal Court Act* is replaced by the following:**
Senate and House of Commons	(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.
R.S., c. F-11	Financial Administration Act
R.S., c. 1 (4th Supp.), s. 25	*8. (1) Paragraph (c) of the definition ``appropriate minister'' in section 2 of the Financial Administration Act* is replaced by the following:**
	(c) 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 Ethics Commissioner, the Speaker of the House of Commons, and with respect to the Library of Parliament, the Speakers of the Senate and the House of Commons,
	(2) Paragraph (c) of the definition ``department'' in section 2 of the Act is replaced by the following:
	(c) the staffs of the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer and office of the Ethics Commissioner, and
R.S., c. G-2	Garnishment, Attachment and Pension Diversion Act
	*9. The heading ``Senate, House of Commons and Library of Parliament'' 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 AND OFFICE OF THE ETHICS COMMISSIONER
	10. The portion of paragraph (b) of the definition ``salary'' in section 16 of the Act before subparagraph (i) is replaced by the following:
	(b) in the case of the staff of the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner 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 or office of the Ethics Commissioner,
	11. The portion of section 17 of the Act before paragraph (a) is replaced by the following:
Garnishment of salaries, remuneration	17. The Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer and office of the Ethics Commissioner are, subject to this Division and any regulation made under it, bound by provincial garnishment law in respect of
1997, c. 1, s. 29	12. Sections 18 and 19 of the Act are replaced by the following:
Service binding	18. (1) Subject to this Division, service on the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner 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 or office of the Ethics Commissioner, as the case may be, fifteen days after the day on which those documents are served.
When service is effective	(2) A garnishee summons served on the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner is of no effect unless it is served on 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, in the first thirty 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 or office of the Ethics Commissioner, as the case may be.
Place of service	19. (1) Service of documents on the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner in connection with garnishment proceedings permitted by this Division must be effected at the place specified in the regulations.
Method of service	(2) In 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 or office of the Ethics Commissioner under subsection (1) may be effected by registered mail, whether within or outside the province, or by any other method prescribed.
Where service by registered mail	(3) Where service of a document on the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner 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 or office of the Ethics Commissioner, as the case may be.
1997, c. 1, s. 30	13. Paragraphs 21(a) and (b) of the Act are replaced by the following:
	(a) in the case of a salary,
	(i) 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 or office of the Ethics Commissioner, as the case may be, is bound by the garnishee summons, and
	(ii) where the garnishee summons has continuing effect under the law of the province, the salary to be paid on the last day of each subsequent pay period; or
	(b) in the case of remuneration described in paragraph 17(b),
	(i) the remuneration payable on the fifteenth day following the day on which 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, is bound by the garnishee summons, and
	(ii) either
	(A) any remuneration becoming payable in the thirty days following the fifteenth day after the day on which 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, is bound by the garnishee summons that is owing on that fifteenth day or that becomes owing in the fourteen days following that fifteenth day, or
	(B) where the garnishee summons has continuing effect under the law of the province, any remuneration becoming payable subsequent to the fifteenth day after the day on which 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, is bound by the garnishee summons.
1997, c. 1, s. 30	14. The portion of section 22 of the Act before paragraph (b) is replaced by the following:
Time period to respond to a garnishee summons	22. The Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner has the following time period within which to respond to a garnishee summons:
	(a) in the case of a salary, fifteen days, or such lesser number of days as 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 or office of the Ethics Commissioner is bound by the garnishee summons; or
1997, c. 1, s. 31	15. Section 23 of the Act is replaced by the following:
Method of response	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.
Response by registered mail	(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.
Effect of payment into court	(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.
Recovery of overpayment to debtor	(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.
	16. Paragraph 24(a) of the Act is replaced by the following:
	(a) specifying the place where service of documents on the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner must be effected in connection with garnishment proceedings permitted by this Division;
	17. Section 26 of the Act is replaced by the following:
No execution	26. No execution shall issue on a judgment given against the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner in garnishment proceedings permitted by this Part.