Bill C-2

Government Employees Compensation Act

Clause 18: Relevant portion of the the definition:

“employee” means

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(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;

Non-smokers’ Health Act

Clause 19: Relevant portion of the definition:

“employer” means a person who employs one or more persons in employment described in subsection 123(1) of the Canada Labour Code, or

...

(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

Official Languages Act

Clause 20: Relevant portion of the definition:

“federal institution” includes any of the following institutions of the Parliament or government of Canada:

...

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

Clause 21: Existing text of section 33:

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.

Clause 22: (1) Relevant portion of subsection 38(1):

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) Relevant portion of subsection 38(2):

(2) The Governor in Council may make regulations

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(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.

Clause 23: Existing text of subsection 41(3):

(3) 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, prescribing the manner in which any duties of those institutions under this Part are to be carried out.

Clause 24: Existing text of subsection 46(1):

46. (1) 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 and office of the Ethics Commissioner.

Clause 25: Existing text of section 93:

93. The Governor in Council may make regulations

(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

(b) prescribing anything that is by this Act to be prescribed by regulation of the Governor in Council.

Parliament of Canada Act

Clause 26: Existing text of the heading and sections 20.1 to 20.7:

Senate Ethics Officer

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.

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.

(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.

20.3 (1) The Senate Ethics Officer shall be paid the remuneration set by the Governor in Council.

(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.

(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.

(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.

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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

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.

(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.

(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.

(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.

(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.

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.

(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.

(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.

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.

(2) The Senate Ethics Officer may not include in the annual report any information that he or she is required to keep confidential.

Clause 27: Existing text of the heading and sections 72.01 to 72.13:

Ethics Commissioner

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.

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.

(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.

72.03 (1) The Ethics Commissioner shall be paid the remuneration set by the Governor in Council.

(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.

(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.

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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

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.

(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.

(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.

(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.

(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.

72.06 For the purposes of sections 20.5, 72.05 and 72.07 to 72.09, “public office holder” means

(a) a minister of the Crown, a minister of state or a parliamentary secretary;

(b) a person, other than a public servant, who works on behalf of a minister of the Crown or a minister of state;

(c) a Governor in Council appointee, other than the following persons, namely,

(i) a lieutenant governor,

(ii) officers and staff of the Senate, House of Commons and Library of Parliament,

(iii) a person appointed or employed under the Public Service Employment Act who is a head of mission within the meaning of subsection 13(1) of the Department of Foreign Affairs and International Trade Act,

(iv) a judge who receives a salary under the Judges Act,

(v) a military judge within the meaning of subsection 2(1) of the National Defence Act, and

(vi) an officer of the Royal Canadian Mounted Police, not including the Commissioner; and

(d) a full-time ministerial appointee designated by the appropriate minister of the Crown as a public office holder.

72.061 The Prime Minister shall establish ethical principles, rules and obligations for public office holders.

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.

72.07 The mandate of the Ethics Commissioner in relation to public office holders is

(a) to administer any ethical principles, rules or obligations established by the Prime Minister for public office holders;

(b) to provide confidential advice to the Prime Minister with respect to those ethical principles, rules or obligations and ethical issues in general; and

(c) to provide confidential advice to a public office holder with respect to the application to him or her of those ethical principles, rules or obligations.

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.

(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.

(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.

(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.

(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.

(6) The Ethics Commissioner may not include in the report any information that he or she is required to keep confidential.

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.

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

(a) to give evidence — orally or in writing — on oath or, if they are persons entitled to affirm in civil matters, on solemn affirmation; and

(b) to produce any documents and things that the Ethics Commissioner considers necessary.

(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.

(3) The powers referred to in subsections (1) and (2) shall be exercised in private.

(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.

(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.

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.

(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

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.

(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.

(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.

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.

(2) The Ethics Commissioner may not include in the annual reports any information that he or she is required to keep confidential.

Article 28: New.

Parliamentary Employment and Staff Relations Act

Clause 29: Existing text of the long title:

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 Ethics Commissioner

Clause 30: Relevant portion of section 2:

2. Subject to this Act, this Act applies to and in respect of every person employed by, and applies to and in respect of,

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

Clause 31: Relevant portion of the definition:

“employer” means:

...

(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;

Clause 32: Relevant portion of section 85:

85. In this Part, “employer” means

...

(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

Public Service Superannuation Act

Clause 33: Existing text of the definition:

“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 federal public administration specified in Schedule I;

Radiocommunication Act

Clause 34: Existing text of subsections 3(1) and (2):

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.

(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

(a) in the case of an exemption of Her Majesty in right of Canada, in respect of Her Majesty in right of Canada generally, or only in respect of a department or other body named in the order;

(b) either absolute or qualified; and

(c) of either general or specific application.

Canada Elections Act

Clause 39: Relevant portion of subsection 2(2):

(2) For the purposes of this Act, the commercial value of property or a service is deemed to be nil if

Clause 40: New.

Clause 41: (1) Relevant portion of subsection 403.35(1):

403.35. (1) The financial agent of a registered association shall, for each fiscal period of the association, provide to the Chief Electoral Officer

...

(d) any statements and declarations provided to the financial agent by virtue of paragraph 405.3(2)(c) and subsection 405.3(4).

(2) Relevant portion of subsection 403.35(2):

(2) A financial transactions return must set out

(a) a statement of contributions received by the registered association from the following classes of contributor: individuals, corporations, trade unions and associations referred to in subsection 405.3(3);

(b) the number of contributors in each class listed in paragraph (a);

(b.1) in the case of a contributor that is an association referred to in subsection 405.3(3),

(i) the name and address of the association, the amount of its contribution and the date on which it was received by the registered association, and

(ii) the name and address of each individual whose money forms part of the contribution, the amount of money provided by that individual that is included in the contribution and the date on which it was provided to the association;

(c) the name and address of each other contributor in a class listed in paragraph (a) who made contributions of a total amount of more than $200 to the registered association, that total amount, as well as the amount of each such contribution and the date on which it was received by the association;

(d) in the case of a numbered company that is a contributor referred to in paragraph (c), the name of the chief executive officer or president of that company;

Clause 42: Existing text of section 403.36:

403.36 The financial agent of a registered association shall, without delay, pay an amount of money equal to the value of a contribution received by the association to the Chief Electoral Officer who shall forward it to the Receiver General, if

(a) the financial agent cannot determine to which of the classes listed in paragraph 403.35(2)(a) the contributor belongs; or

(b) the name of the contributor of a contribution of more than $25, the name or the address of the contributor having made contributions of a total amount of more than $200 or the name of the chief executive officer or president of a contributor referred to in paragraph 403.35(2)(d) is not known.

Clause 43: Existing text of section 404.1:

404.1 (1) Despite subsection 404(1), contributions may be made by a corporation or a trade union that do not exceed

(a) $1,000 in total in any calendar year to the registered associations, nomination contestants and candidates of a particular registered party; and

(b) $1,000 in total to a candidate for a particular election who is not the candidate of a registered party.

(1.1) Despite paragraph (1)(a), if two elections are held in an electoral district in a calendar year and a corporation or trade union has, before the polling day of the first election, made a contribution under that paragraph to the registered association, the nomination contestants or the candidate of a particular registered party in that electoral district, the corporation or trade union may make contributions not exceeding $1,000 in total to the registered association, the nomination contestants and the candidate of the registered party in that electoral district during the election period for the second election.

(1.2) A corporation or trade union may make contributions under subsection (1.1) in respect of the registered association, the nomination contestants and the candidate of any particular registered party in only one electoral district in any calendar year.

(1.3) Despite paragraph (1)(a), if a corporation or trade union has in any calendar year made a contribution under that paragraph to an individual who is a nomination contestant in an electoral district in a nomination contest held in that year but who is not endorsed by the registered party as its candidate, the corporation or trade union may during that year make contributions not exceeding $1,000 in total to the endorsed candidate after he or she is endorsed.

(1.4) A corporation or trade union may make contributions under subsection (1.3) in respect of the candidate of any particular registered party in respect of only one election and in only one electoral district in any calendar year.

(2) The following definitions apply in this section.

“corporation” means a corporation together with

(a) any other corporation controlled, directly or indirectly in any manner whatever, by the corporation; and

(b) any other corporation that is controlled by the same person or group of persons that controls the corporation, directly or indirectly in any manner whatever.

“trade union” means any organization of employees — the purposes of which include the regulation of relations between employers and employees — together with all of its branches or locals.

(3) The following are not eligible to make a contribution under subsection (1):

(a) a corporation that does not carry on business in Canada;

(b) a trade union that does not hold bargaining rights for employees in Canada;

(c) a Crown corporation as defined in section 2 of the Financial Administration Act; and

(d) a corporation in respect of which the Government of Canada contributes more than 50% of its funding.

Clause 44: (1) Relevant portion of subsection 404.2(2):

(2) A provision of goods or services or a transfer of funds is permitted and is not a contribution for the purposes of this Act if it is

(2) New.

(3) Existing text of subsections 404.2(4) and (5):

(4) A registered association, a nomination contestant or a candidate of a registered party may not transfer to the party any amount received in accordance with section 404.1 or 405.3.

(5) The provision, by an employer who is eligible to make a contribution, of a paid leave of absence during an election period to an employee for the purpose of allowing the employee to be a nomination contestant or candidate is not a contribution.

Clause 45: (1) Existing text of subsection 404.4(1):

404.4 (1) Any person who is authorized to accept contributions on behalf of a registered party, a registered association, a candidate, a leadership contestant or a nomination contestant shall issue a receipt — of which he or she shall keep a copy — for each contribution of more than $25 that he or she accepts.

(2) Relevant portion of subsection 404.4(2):

(2) Where anonymous contributions of $25 or less per person are collected in response to a general solicitation at a meeting or fundraising event related to the affairs of a registered party, a registered association, a candidate, a leadership contestant, or a nomination contestant, the person authorized to accept those contributions must record the following:

Clause 46: (1) Existing text of subsection 405(1):

405. (1) No individual shall make contributions that exceed

(a) $5,000 in total in any calendar year to a particular registered party and its registered associations, nomination contestants and candidates;

(b) $5,000 in total to a candidate for a particular election who is not the candidate of a registered party; and

(c) $5,000 in total to the leadership contestants in a particular leadership contest.

(2) and (3) Existing text of subsections 405(3) and (4):

(3) For the purposes of subsection (1), a contribution to a person who presents himself or herself as seeking the endorsement of a particular registered party shall be treated as a contribution referred to in paragraph (1)(a) to a candidate of that party and a contribution to a person who presents himself or herself as seeking to be a candidate not endorsed by any registered party shall be treated as a contribution referred to in paragraph (1)(b).

(4) The following contributions shall not be taken into account in calculating contributions for the purposes of subsection (1):

(a) contributions that do not exceed $5,000 in total by a nomination contestant or candidate of a registered party out of his or her own funds to his or her own campaign as a nomination contestant or candidate;

(b) contributions that do not exceed $5,000 in total by a candidate for a particular election who is not the candidate of a registered party out of his or her own funds to his or her own campaign; and

(c) contributions that do not exceed $5,000 in total by a leadership contestant in a particular leadership contest out of his or her own funds to his or her own campaign.

Clause 47: (1) Relevant portion of subsection 405.1(1):

405.1 (1) The inflation adjustment factor applicable to the limits established under subsections 404.1(1) and 405(1) and paragraph 405.3(2)(b), in effect for a period of one year beginning on each April 1, is a fraction with

(2) Existing text of subsection 405.1(2):

(2) The amounts set out in subsections 404.1(1) and 405(1) and paragraph 405.3(2)(b) shall be multiplied by the annual inflation adjustment factor referred to in subsection (1) and the resulting amounts apply

(a) in the cases referred to in paragraphs 404.1(1)(a) and 405(1)(a) and subparagraph 405.3(2)(b)(i), during the calendar year that commences in that year;

(b) in the cases referred to in paragraphs 404.1(1)(b) and 405(1)(b) and subparagraph 405.3(2)(b)(ii), with respect to an election whose writ is issued during that year; and

(c) in the case referred to in paragraph 405(1)(c), with respect to a leadership contest that begins during that year.

The resulting amounts shall be rounded to the nearest hundred dollars.

Clause 48: (1) Relevant portion of subsection 405.2(1):

405.2 (1) No person or entity shall

(a) circumvent, or attempt to circumvent, the prohibition under subsection 404(1) or a limit set out in subsection 404.1(1) or 405(1) or paragraph 405.3(2)(b); or

(2) Existing text of subsection 405.2(4):

(4) No person or entity shall enter into an agreement for the provision for payment of goods or services to a registered party or a candidate that includes a term that any person will make a contribution, directly or indirectly, to a registered party, a registered association, a candidate, a leadership contestant or a nomination contestant.

Clause 49: Existing text of sections 405.3 and 405.4:

405.3 (1) No person or entity shall make a contribution to a registered party, a registered association, a candidate or a leadership contestant or a nomination contestant that comes from money, property or the services of another person or entity that was provided to that person or entity for that purpose.

(2) Despite subsections (1) and 404(1), an association may make contributions that come from money provided by individuals who are eligible, under subsection 404(1), to make contributions if

(a) the contributions are made to a registered association, a nomination contestant or a candidate;

(b) the contributions do not exceed

(i) $1,000 in total in any calendar year to the recipients referred to in paragraph (a) of a particular registered party, and

(ii) $1,000 in total to a candidate for a particular election who is not the candidate of a registered party; and

(c) the association provides, along with each contribution, a statement containing the following information:

(i) the name and address of the individual who is responsible for the association,

(ii) the amount of the contribution, and

(iii) the name and address of each individual whose money forms part of the contribution, the amount of money provided by that individual that is included in the contribution and the date on which it was provided.

(2.1) Despite subparagraph (2)(b)(i), if two elections are held in an electoral district in a calendar year and an association has, before the polling day of the first election, made a contribution under that subparagraph to the registered association, the nomination contestants or the candidate of a particular registered party in that electoral district, the association may make contributions not exceeding $1,000 in total to the registered association, the nomination contestants and the candidate of the registered party in that electoral district during the election period for the second election.

(2.2) An association may make contributions under subsection (2.1) in respect of the registered association, the nomination contestants and the candidate of any particular registered party in only one electoral district in any calendar year.

(2.3) Despite subparagraph (2)(b)(i), if an association has in any calendar year made a contribution under that subparagraph to an individual who is a nomination contestant in an electoral district in a nomination contest held in that year but who is not endorsed by the registered party as its candidate, the association may during that year make contributions not exceeding $1,000 in total to the endorsed candidate after he or she is endorsed.

(2.4) An association may make contributions under subsection (2.3) in respect of the candidate of any particular registered party in respect of only one election and in only one electoral district in any calendar year.

(3) In this section, “association” means an unincorporated organization — other than a trade union — together with all of its branches, chapters or any other divisions.

(4) Together with the information referred to in paragraph (2)(c), the individual who is responsible for the association shall provide a declaration that the information is complete and accurate.

(5) No individual responsible for an association shall knowingly make a false or misleading declaration relating to the information referred to in paragraph (2)(c).

(6) For the application of subsection 405(1), an amount of money provided by an individual that was included in a contribution referred to in subsection (2) shall be taken into account in a calculation of contributions by the individual.

405.4 If a registered party, a registered association, a candidate, a leadership contestant or a nomination contestant receives a contribution made in contravention of subsection 405(1), 405.2(4) or 405.3(1), the chief agent of the registered party, the financial agent of the registered association, the official agent of the candidate or the financial agent of the leadership contestant or nomination contestant, as the case may be, shall, within 30 days of becoming aware of the contravention, return the contribution unused to the contributor, or, if that is not possible, pay the amount of it or, in the case of a non-monetary contribution, an amount of money equal to its commercial value, to the Chief Electoral Officer who shall forward that amount to the Receiver General.

Clause 50: Existing text of section 425:

425. A registered agent of a registered party shall, without delay, pay an amount of money equal to the value of a contribution received by the registered party, to the Chief Electoral Officer, who shall forward it to the Receiver General, if the name of the contributor of a contribution of more than $25, or the name or the address of the contributor having made contributions of a total amount of more than $200, is not known.

Clause 51: Existing text of section 435.32:

435.32 The financial agent of a leadership contestant shall, without delay, pay an amount of money equal to the value of a contribution that the contestant received to the Chief Electoral Officer, who shall forward it to the Receiver General, if the name of the contributor of a contribution of more than $25, or the name or the address of the contributor having made contributions of a total amount of more than $200, is not known.

Clause 52: (1) Relevant portion of subsection 451(2):

(2) The electoral campaign return shall include the following in respect of the candidate:

...

(f) a statement of contributions received from any of the following classes of contributor: individuals, corporations, trade unions and associations as defined in subsection 405.3(3);

(g) the number of contributors in each class listed in paragraph (f);

(g.1) in the case of a contributor that is an association as defined in subsection 405.3(3),

(i) the name and address of the association, the amount of its contribution and the date on which it was received by the candidate, and

(ii) the name and address of each individual whose money forms part of the contribution, the amount of money provided by that individual that is included in the contribution and the date on which it was provided to the association;

(h) the name and address of each other contributor in a class listed in paragraph (f) who made contributions of a total amount of more than $200 to the candidate, that total amount, as well as the amount of each such contribution and the date on which it was received by the candidate;

(h.1) in the case of a numbered company that is a contributor referred to in paragraph (h), the name of the chief executive officer or president of that company;

(2) Existing text of subsection 451(2.1):

(2.1) Together with the electoral campaign return, the official agent of a candidate shall provide to the Chief Electoral Officer documents evidencing expenses set out in the return, including bank statements, deposit slips, cancelled cheques, any statements and declarations provided to the official agent by virtue of paragraph 405.3(2)(c) and subsection 405.3(4) and the candidate’s written statement concerning personal expenses referred to in subsection 456(1).

Clause 53: Existing text of section 452:

452. An official agent of a candidate shall, without delay, pay an amount of money equal to the value of a contribution that the candidate received to the Chief Electoral Officer who shall forward it to the Receiver General if

(a) the official agent cannot determine to which of the classes listed in paragraph 451(2)(f) the contributor belongs; and

(b) the name of the contributor of a contribution of more than $25, the name or the address of the contributor having made contributions of a total amount of more than $200 or the name of the chief executive officer or president of a contributor referred to in paragraph 451(2)(h.1) is not known.

Clause 54: (1) Relevant portion of subsection 478.23(2):

(2) The nomination campaign return shall include the following in respect of the nomination contestant:

...

(d) a statement of contributions received from any of the following classes of contributor: individuals, corporations, trade unions and associations as defined in subsection 405.3(3);

(e) the number of contributors in each class listed in paragraph (d);

(e.1) in the case of a contributor that is an association as defined in subsection 405.3(3),

(i) the name and address of the association, the amount of its contribution and the date on which it was received by the nomination contestant, and

(ii) the name and address of each individual whose money forms part of the contribution, the amount of money provided by that individual that is included in the contribution and the date on which it was provided to the association;

(f) the name and address of each other contributor who made contributions of a total amount of more than $200 to the nomination contestant, that total amount, as well as the amount of each such contribution and the date on which it was received by the contestant;

(g) in the case of a numbered company that is a contributor referred to in paragraph (f), the name of the chief executive officer or president of that company;

(2) Existing text of subsection 478.23(3):

(3) Together with the nomination campaign return, the financial agent of a nomination contestant shall provide to the Chief Electoral Officer documents evidencing expenses set out in the return, including bank statements, deposit slips, cancelled cheques, any statements and declarations provided to the financial agent by virtue of paragraph 405.3(2)(c) and subsection 405.3(4) and the contestant’s written statement concerning personal expenses referred to in subsection 478.31(1).

Clause 55: Existing text of section 478.24:

478.24 The financial agent of a nomination contestant shall, without delay, pay an amount of money equal to the value of a contribution received by the contestant to the Chief Electoral Officer who shall forward it to the Receiver General, if

(a) the financial agent cannot determine to which of the classes listed in paragraph 478.23(2)(d) the contributor belongs; or

(b) the name of the contributor of a contribution of more than $25, the name or the address of the contributor having made contributions of a total amount of more than $200 or the name of the chief executive officer or president of a contributor referred to in paragraph 478.23(2)(g) is not known.

Clause 56: (1) Existing text of subsection 486(1):

486. (1) Every candidate who contravenes subsection 83(1) (failure to appoint official agent) or 83(2) (failure to appoint auditor) or section 87 (failure to appoint a replacement official agent or auditor) is guilty of an offence.

(2) and (3) Existing text of subsection 486(3) :

(3) Every person is guilty of an offence who

(a) contravenes section 89 (signing of nomination paper when ineligible);

(b) wilfully contravenes subsection 90(1) (ineligible person acting as official agent) or 90(2) (ineligible person acting as auditor);

(c) contravenes section 91 (making false statement re candidate); or

(d) contravenes section 92 (publication of false statement of withdrawal of candidate).

Clause 57: (1) Relevant portion of subsection 497(1):

497. (1) Every person is guilty of an offence who

...

(i.6) being a person or entity, contravenes subsection 405.3(1) (making contribution from others’ contributions);

(2) Relevant portion of subsection 497(3):

(3) Every person is guilty of an offence who

...

(f.17) being a person or entity, wilfully contravenes subsection 405.3(1) (making contribution from others’ contributions);

(f.18) being an individual, contravenes subsection 405.3(5) (knowingly making a false or misleading declaration);

Clause 58: Relevant portion of subsection 502(2):

(2) Every person is guilty of an offence that is a corrupt practice who

Clause 59: Existing text of subsection 514(1):

514. (1) A prosecution for an offence under this Act must be instituted within 18 months after the day on which the Commissioner becomes aware of the facts giving rise to the prosecution and not later than seven years after the day on which the offence was committed.