Bill C-30
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2nd Session, 40th Parliament,
57-58 Elizabeth II, 2009
house of commons of canada
BILL C-30
An Act to amend the Parliament of Canada Act and to make consequential amendments to other Acts
Preamble
Whereas it is important that Canada’s representative institutions, including the Senate, continue to evolve in accordance with the principles of modern democracy and the expectations of Canadians;
And whereas the consistent application of ethical standards to all members of the Senate and of the House of Commons would be promoted by a single conflict of interest and ethics commissioner;
Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
SHORT TITLE
Short title
1. This Act may be cited as the Senate Ethics Act.
R.S., c. P-1
PARLIAMENT OF CANADA ACT
2004, c. 7, s. 2; 2006, c. 9, ss. 26 and 112
2. The heading before section 20.1 and sections 20.1 to 20.7 of the Parliament of Canada Act are repealed.
2006, c. 9, s. 28
3. Subsection 81(1) of the Act is replaced by the following:
Appointment
81. (1) The Governor in Council shall, by commission under the Great Seal, appoint a Conflict of Interest and Ethics Commissioner after consultation with the leader of every recognized party in the Senate and House of Commons and approval of the appointment by resolution of the Senate and House of Commons.
2006, c. 9, s. 28
4. Subsection 82(1) of the Act is replaced by the following:
Tenure
82. (1) The Commissioner holds office during good behaviour for a term of seven years but may be removed for cause by the Governor in Council on address of the Senate and House of Commons.
2006, c. 9, s. 28
5. Subsection 84(8) of the Act is replaced by the following:
Inclusion in government estimates
(8) The estimate referred to in subsection (7) shall be considered by the Speaker of the Senate and 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.
2006, c. 9, s. 28
6. Paragraph 85(a) of the Act is replaced by the following:
(a) carry out the functions of the Commissioner referred to in sections 86, 86.01 and 87; and
2006, c. 9, s. 28
7. Subsection 86(3) of the Act is replaced by the following:
General direction of committee
(3) The Commissioner shall carry out those duties and functions under the general direction of any committee of the House of Commons or of both Houses of Parliament as may be designated or established by the House of Commons, or by both Houses of Parliament, as the case may be, for that purpose.
8. The Act is amended by adding the following after section 86:
Functions — members of the Senate
86.01 (1) The Commissioner shall perform the duties and functions assigned by the Senate for governing the conduct of members of the Senate when they are carrying out the duties and functions of their office as members of the Senate.
Privileges and immunities
(2) The duties and functions of the Commissioner under subsection (1) are carried out within the institution of the Senate. The Commissioner enjoys the privileges and immunities of the Senate and its members when carrying out those duties and functions.
General direction of committee
(3) The Commissioner shall carry out those duties and functions under the general direction of any committee of the Senate or of both Houses of Parliament as may be designated or established by the Senate, or by both Houses of Parliament, as the case may be, for that purpose.
Clarification — ethical principles, etc.
(4) For greater certainty, the general direction of the committee referred to in subsection (3) does not include the administration of the Conflict of Interest Act in respect of ministers of the Crown, ministers of state or parliamentary secretaries.
Clarification — powers, etc., of the Senate
(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.
9. Subsection 90(1) of the Act is amended by striking out “and” at the end of paragraph (a) and by adding the following after that paragraph:
(a.1) a report on his or her activities under section 86.01 for that year to the Speaker of the Senate, who shall table the report in that House; and
TRANSITIONAL PROVISIONS
No continuation in office
10. The person who holds the office of Senate Ethics Officer immediately before the coming into force of section 2 ceases to hold that office on the coming into force of that section.
Conflict of Interest and Ethics Commissioner
11. (1) Despite section 81 of the Parliament of Canada Act, the person who, immediately before the coming into force of section 3, holds the office of Conflict of Interest and Ethics Commissioner under section 81 of that Act continues in office during good behaviour and subject to removal for cause by the Governor in Council on address of the Senate and House of Commons until the earliest of the following:
(a) a resolution of the Senate is adopted approving the original appointment of the person as Conflict of Interest and Ethics Commissioner,
(b) a commissioner is appointed in accordance with section 81 of that Act, as amended by section 3, and
(c) a period of six months has elapsed after the day on which this section comes into force.
Approval of appointment by Senate
(2) If a resolution referred to in paragraph (1)(a) is adopted, the person holding office under subsection (1) continues in office during good behaviour and subject to removal for cause by the Governor in Council on address of the Senate and House of Commons until the expiry of a period of seven years after the date of the person’s original appointment as Conflict of Interest and Ethics Commissioner.
Positions
12. (1) An employee who occupies a position in the office of the Senate Ethics Officer immediately before the day on which section 2 comes into force continues in that position, except that from that day the employee occupies that position in the office of the Conflict of Interest and Ethics Commissioner.
Transfer of appropriation
(2) Any amount appropriated, for the fiscal year in which this section comes into force, by an appropriation Act based on the Estimates for that year for defraying the charges and expenses of the office of the Senate Ethics Officer that, on the day on which this section comes into force, is unexpended is deemed, on that day, to be an amount appropriated for defraying the charges and expenses of the office of the Conflict of Interest and Ethics Commissioner.
References
(3) Every reference to the Senate Ethics Officer in any deed, contract, agreement, act, instrument or other document executed or signed by the Senate Ethics Officer is to be read as a reference to the Conflict of Interest and Ethics Commissioner, unless the context otherwise requires.
Continuation of proceedings
(4) Any action, suit or other legal or administrative proceeding to which the Senate Ethics Officer is a party that is pending on the coming into force of this section may be continued by or against the Conflict of Interest and Ethics Commissioner in a similar manner and to the same extent as it would have been continued by or against the Senate Ethics Officer.
Transfer of data
(5) All information that, on the day on which this section comes into force, is in the possession or control of the Senate Ethics Officer relating to the exercise of the powers and the performance of the duties and functions of the Senate Ethics Officer under the Parliament of Canada Act is, as of that day, under the control of the Conflict of Interest and Ethics Commissioner.
CONSEQUENTIAL AMENDMENTS
R.S., c. C-10
Canada Post Corporation Act
2006, c. 9, s. 4
13. Paragraph 35(2)(d) of the Canada Post Corporation Act is replaced by the following:
(d) the Conflict of Interest and Ethics Commissioner
2009, c. 2, s. 393
Expenditure Restraint Act
14. Paragraph 13(1)(c) of the Expenditure Restraint Act is replaced by the following:
(c) the Senate, the House of Commons, the Library of Parliament and the office of the Conflict of Interest and Ethics Commissioner.
R.S., c. F-7; 2002, c. 8, s. 14
Federal Courts Act
2006, c. 9, s. 38
15. Subsection 2(2) of the Federal Courts 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, or the Conflict of Interest and Ethics Commissioner with respect to the exercise of the jurisdiction or powers referred to in sections 41.1 to 41.5, 86 and 86.01 of the Parliament of Canada Act.
R.S., c. F-11
Financial Administration Act
2006, c. 9, s. 7(1)
16. (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, 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 Speakers of the Senate and the House of Commons, and with respect to the Library of Parliament, the Speakers of the Senate and the House of Commons,
2006, c. 9, s. 7(2)
(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 and office of the Conflict of Interest and Ethics Commissioner, and
R.S., c. G-2
Garnishment, Attachment and Pension Diversion Act
2006, c. 9, s. 9
17. The heading of Division IV of Part 1 of the Garnishment, Attachment and Pension Diversion Act is replaced by the following:
Senate, House of Commons, Library of Parliament and Office of the Conflict of Interest and Ethics Commissioner
2006, c. 9, s. 10
18. 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 or office of the Conflict of Interest and 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 or office of the Conflict of Interest and Ethics Commissioner,
2006, c. 9, s. 11
19. 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 and office of the Conflict of Interest and Ethics Commissioner are, subject to this Division and any regulation made under it, bound by provincial garnishment law in respect of
2006, c. 9, s. 12
20. 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 or office of the Conflict of Interest and 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 or office of the Conflict of Interest and Ethics Commissioner, as the case may be, 15 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 or office of the Conflict of Interest and Ethics Commissioner is of no effect unless it is served on the Senate, House of Commons, Library of Parliament or office of the Conflict of Interest and Ethics Commissioner, 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 or office of the Conflict of Interest and Ethics Commissioner, as the case may be.
Place of service
19. (1) Service of documents on the Senate, House of Commons, Library of Parliament or office of the Conflict of Interest and 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 or office of the Conflict of Interest and Ethics Commissioner under subsection (1) may be effected by registered mail, whether within or outside the province, or by any other method prescribed.
If service by registered mail
(3) If service of a document on the Senate, House of Commons, Library of Parliament or office of the Conflict of Interest and Ethics Commissioner is effected by registered mail, the document is deemed to be served on the day of its receipt by the Senate, House of Commons, Library of Parliament or office of the Conflict of Interest and Ethics Commissioner, as the case may be.
2006, c. 9, s. 13
21. 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 or office of the Conflict of Interest and Ethics Commissioner, as the case may be, is bound by the garnishee summons, and
(ii) if 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 15th day following the day on which the Senate, House of Commons, Library of Parliament or office of the Conflict of Interest and Ethics Commissioner, as the case may be, is bound by the garnishee summons, and
(ii) either
(A) 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 or office of the Conflict of Interest and Ethics Commissioner, 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, or
(B) if the garnishee summons has continuing effect under the law of the province, any remuneration becoming payable subsequent to the 15th day after the day on which the Senate, House of Commons, Library of Parliament or office of the Conflict of Interest and Ethics Commissioner, as the case may be, is bound by the garnishee summons.
2006, c. 9, s. 14
22. 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 or office of the Conflict of Interest and Ethics Commissioner has the following time period within which to respond to a garnishee summons:
(a) 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 or office of the Conflict of Interest and Ethics Commissioner is bound by the garnishee summons; or
2006, c. 9, s. 15
23. 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 or office of the Conflict of Interest and Ethics Commissioner may respond to a garnishee summons by registered mail or by any other method prescribed.
Response by registered mail
(2) If the Senate, House of Commons, Library of Parliament or office of the Conflict of Interest and 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 or office of the Conflict of Interest and 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 or office of the Conflict of Interest and 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) If, in honouring a garnishee summons, the Senate, House of Commons, Library of Parliament or office of the Conflict of Interest and 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 or office of the Conflict of Interest and 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.
2006, c. 9, s. 16
24. 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 or office of the Conflict of Interest and Ethics Commissioner must be effected in connection with garnishment proceedings permitted by this Division;
2006, c. 9, s. 17
25. 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 or office of the Conflict of Interest and Ethics Commissioner in garnishment proceedings permitted by this Part.
R.S., c. G-5
Government Employees Compensation Act
2006, c. 9, s. 18
26. 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 or office of the Conflict of Interest and Ethics Commissioner;
R.S., c. 15 (4th Supp.)
Non-smokers’ Health Act
2006, c. 9, s. 19
27. 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 or office of the Conflict of Interest and Ethics Commissioner, in relation to its employees 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
2006, c. 9, s. 20
28. Paragraph (c.1) of the definition “federal institution” in subsection 3(1) of the Official Languages Act is replaced by the following:
(c.1) the office of the Conflict of Interest and Ethics Commissioner,
2006, c. 9, s. 21
29. 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 or office of the Conflict of Interest and Ethics Commissioner — in both official languages, if those communications and services are required under this Part to be provided in both official languages.
2006, c. 9, s. 22(1)
30. (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 or office of the Conflict of Interest and Ethics Commissioner,
2006, c. 9, s. 22(2)(E)
(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 or office of the Conflict of Interest and 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, if there is a demonstrable conflict between the duty under section 36 or the regulations and the mandate of the institution.
2006, c. 9, s. 23
31. Subsection 41(3) of the Act is replaced by the following:
Regulations
(3) The Governor in Council may make regulations in respect of federal institutions, other than the Senate, House of Commons, Library of Parliament or office of the Conflict of Interest and Ethics Commissioner, prescribing the manner in which any duties of those institutions under this Part are to be carried out.
2006, c. 9, s. 24
32. Subsection 46(1) of the Act is replaced by the following:
Responsibilities of Treasury Board
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 and office of the Conflict of Interest and Ethics Commissioner.
2006, c. 9, s. 25
33. Section 93 of the Act is replaced by the following:
Regulations
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 or office of the Conflict of Interest and Ethics Commissioner; and
(b) prescribing anything that is by this Act to be prescribed by regulation of the Governor in Council.
R.S., c. 33 (2nd Supp.)
Parliamentary Employment and Staff Relations Act
2006, c. 9, s. 29
34. 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 and office of the Conflict of Interest and Ethics Commissioner
2006, c. 9, s. 30
35. Paragraph 2(a) of the Act is replaced by the following:
(a) the Senate, House of Commons, Library of Parliament or office of the Conflict of Interest and Ethics Commissioner, and
2004, c. 7, s. 33
36. The definition “employer” in section 3 of the Act is amended by adding “or” at the end of paragraph (c) and by repealing paragraph (d).
2004, c. 7, s. 34
37. Paragraph 85(c.1) of the Act is repealed.
2003, c. 22, ss. 12 and 13
Public Service Employment Act
2006, c. 9, s. 101
38. The portion of section 35.3 of the Public Service Employment Act before paragraph (a) is replaced by the following:
Parliamentary employees
35.3 A person employed in the Senate, House of Commons, Library of Parliament or office of the Conflict of Interest and Ethics Commissioner
R.S., c. P-36
Public Service Superannuation Act
2006, c. 9, s. 33
39. The definition “public service” in subsection 3(1) of the Public Service Superannuation Act is replaced by the following:
“public service”
« fonction publique »
« 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 and office of the Conflict of Interest and Ethics Commissioner and any board, commission, corporation or portion of the federal public administration specified in Schedule I;
R.S., c. R-2; 1989, c. 17, s. 2
Radiocommunication Act
2006, c. 9, s. 34
40. Subsections 3(1) and (2) of the Radiocommunication Act are 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 and office of the Conflict of Interest and Ethics Commissioner and on Her Majesty in right of a province.
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 or office of the Conflict of Interest and 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.
COMING INTO FORCE
Order in council
41. The provisions of this Act come into force on a day or days to be fixed by order of the Governor in Council.
Published under authority of the Speaker of the House of Commons
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Explanatory Notes
Parliament of Canada Act
Clause 2: 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 any qualified person to hold that office in the interim for a term not exceeding six months, and that person shall, while holding office, be paid the salary or other remuneration and expenses that may be fixed by the Governor in Council.
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 the Conflict of Interest Act in respect of public office holders who are 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 3: Existing text of subsection 81(1):
81. (1) The Governor in Council shall, by commission under the Great Seal, appoint a Conflict of Interest and Ethics Commissioner after consultation with the leader of every recognized party in the House of Commons and approval of the appointment by resolution of that House.
Clause 4: Existing text of subsection 82(1):
82. (1) The Commissioner holds office during good behaviour for a term of seven years but may be removed for cause by the Governor in Council on address of the House of Commons.
Clause 5: Existing text of subsection 84(8):
(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.
Clause 6: Relevant portion of section 85:
85. The mandate of the Commissioner is to
(a) carry out the functions of the Commissioner referred to in sections 86 and 87; and
Clause 7: Existing text of subsection 86(3):
(3) The 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.
Clause 8: New.
Clause 9: Relevant portion of subsection 90(1):
90. (1) Within three months after the end of each fiscal year, the Commissioner shall submit
Canada Post Corporation Act
Clause 13: Relevant portion of subsection 35(2):
(2) Subject to subsection (3), mail to or from
...
(d) the Conflict of Interest and Ethics Commissioner or Senate Ethics Officer
is free of postage.
Expenditure Restraint Act
Clause 14: Relevant portion of subsection 13(1):
13. (1) This Act applies to employees who are employed in or by
...
(c) the Senate, the House of Commons, the Library of Parliament, the office of the Senate Ethics Officer and the office of the Conflict of Interest and Ethics Commissioner.
Federal Courts Act
Clause 15: Existing text of subsection 2(2):
(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 Conflict of Interest and Ethics Commissioner with respect to the exercise of the jurisdiction or powers referred to in sections 41.1 to 41.5 and 86 of the Parliament of Canada Act.
Financial Administration Act
Clause 16: (1) Relevant portion of the definition:
“appropriate Minister” means,
...
(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 Conflict of Interest and 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) Relevant portion of the definition:
“department” means
...
(c) the staffs of the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer and office of the Conflict of Interest and Ethics Commissioner, and
Garnishment, Attachment and Pension Diversion Act
Clause 17: Existing text of the heading:
Senate, House of Commons, Library of Parliament, Office of the Senate Ethics Officer and Office of the Conflict of Interest and Ethics Commissioner
Clause 18: Relevant portion of the definition:
“salary” means
...
(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 Conflict of Interest and 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 Conflict of Interest and Ethics Commissioner,
Clause 19: Relevant portion of section 17:
17. The Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer and office of the Conflict of Interest and Ethics Commissioner are, subject to this Division and any regulation made under it, bound by provincial garnishment law in respect of
Clause 20: Existing text of sections 18 and 19:
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 Conflict of Interest and 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 Conflict of Interest and Ethics Commissioner, as the case may be, 15 days after the day on which those documents are served.
(2) A garnishee summons served on the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Conflict of Interest and 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 Conflict of Interest and Ethics Commissioner, 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 or office of the Conflict of Interest and Ethics Commissioner, as the case may be.
19. (1) Service of documents on the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Conflict of Interest and Ethics Commissioner in connection with garnishment proceedings permitted by this Division must be effected at the place specified in the regulations.
(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 Conflict of Interest and Ethics Commissioner under subsection (1) may be effected by registered mail, whether within or outside the province, or by any other method prescribed.
(3) If service of a document on the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Conflict of Interest and 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 Conflict of Interest and Ethics Commissioner, as the case may be.
Clause 21: Existing text of section 21:
21. For the purposes of garnishment proceedings permitted by this Division, service of a garnishee summons is binding in respect of the following money to be paid to the debtor named in the garnishee summons:
(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 Conflict of Interest and 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 Conflict of Interest and 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 Conflict of Interest and 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) if 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 Conflict of Interest and Ethics Commissioner, as the case may be, is bound by the garnishee summons.
Clause 22: Relevant portion of section 22:
22. The Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Conflict of Interest and 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 Conflict of Interest and Ethics Commissioner is bound by the garnishee summons; or
Clause 23: Existing text of section 23:
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 Conflict of Interest and Ethics Commissioner may respond to a garnishee summons by registered mail or by any other method prescribed.
(2) If the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Conflict of Interest and 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 Conflict of Interest and Ethics Commissioner, as the case may be, has responded to the garnishee summons.
(3) A payment into court by the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Conflict of Interest and Ethics Commissioner under this section is a good and sufficient discharge of liability, to the extent of the payment.
(4) If, in honouring a garnishee summons, the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Conflict of Interest and 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 Conflict of Interest and 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.
Clause 24: Relevant portion of section 24:
24. The Governor in Council may, on the recommendation of the Minister, made after consultation between the Minister and the Speaker of the Senate and the Speaker of the House of Commons, make regulations
(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 Conflict of Interest and Ethics Commissioner must be effected in connection with garnishment proceedings permitted by this Division;
Clause 25: Existing text of section 26:
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 Conflict of Interest and Ethics Commissioner in garnishment proceedings permitted by this Part.
Government Employees Compensation Act
Clause 26: Relevant portion of the definition:
“employee” means
...
(e) any officer or employee of the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Conflict of Interest and Ethics Commissioner;
Non-smokers’ Health Act
Clause 27: 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 Conflict of Interest and 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 28: 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 Conflict of Interest and Ethics Commissioner,
Clause 29: 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 Conflict of Interest and Ethics Commissioner — in both official languages, if those communications and services are required under this Part to be provided in both official languages.
Clause 30: (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 Conflict of Interest and Ethics Commissioner,
(2) Relevant portion of subsection 38(2):
(2) The Governor in Council may make regulations
...
(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 Conflict of Interest and 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, if there is a demonstrable conflict between the duty under section 36 or the regulations and the mandate of the institution.
Clause 31: 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 Conflict of Interest and Ethics Commissioner, prescribing the manner in which any duties of those institutions under this Part are to be carried out.
Clause 32: 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 Conflict of Interest and Ethics Commissioner.
Clause 33: 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 Conflict of Interest and Ethics Commissioner; and
(b) prescribing anything that is by this Act to be prescribed by regulation of the Governor in Council.
Parliamentary Employment and Staff Relations Act
Clause 34: 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 Conflict of Interest and Ethics Commissioner
Clause 35: 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 Conflict of Interest and Ethics Commissioner, and
Clause 36: Relevant portion of the definition:
“employer” means
...
(d) the office of the Senate Ethics Officer as represented by the Ethics Officer, or
Clause 37: 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;
Public Service Employment Act
Clause 38: Relevant portion of section 35.3:
35.3 A person employed in the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Conflict of Interest and Ethics Commissioner
Public Service Superannuation Act
Clause 39: 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 Conflict of Interest and Ethics Commissioner and any board, commission, corporation or portion of the federal public administration specified in Schedule I;
Radiocommunication Act
Clause 40: 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 Conflict of Interest and 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 Conflict of Interest and 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.