Bill C-418

2nd Session, 40th Parliament,

57-58 Elizabeth II, 2009

house of commons of canada

BILL C-418

An Act to establish a Children's Commissioner of Canada

Whereas the true measure of a nation’s standing is how well it attends to its children, including their health and safety, their material security, their education and socialization, and their sense of being loved, valued, and included in the families and societies into which they are born;

And whereas Canada ratified the United Nations Convention on the Rights of the Child, which commits it to recognizing the right of every child to a standard of living adequate for the child’s physical, mental, spiritual, moral and social development;

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

1. This Act may be cited as the Children’s Commissioner of Canada Act.

INTERPRETATION

2. The definitions in this section apply in this Act.

“child” means a person who is less than 18 years of age.

“Commissioner” means the Children’s Commissioner of Canada appointed under section 4.

“Convention” means the United Nations Convention on the Rights of the Child, as amended from time to time.

“department” has the meaning assigned by paragraph (a) of the definition “department” in section 2 of the Financial Administration Act, and includes the Minister responsible for the department and any person acting on behalf of the Minister.

PURPOSE OF ACT

3. The purpose of this Act is to establish an independent official to ensure governmental accountability in respect of the Convention, and to promote, monitor and report on the effective implementation of Canada’s obligations under the Convention that are within the legislative authority of Parliament, in order to advance the principle that children are entitled to special safeguards, care and assistance, including appropriate legal protection.

OFFICE OF THE CHILDREN’S COMMISSIONER OF CANADA

4. (1) The Governor in Council shall, by commission under the Great Seal, appoint a 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.

(2) Subject to this section, the Commissioner holds office during good behaviour for a term of five years, but may be removed for cause by the Governor in Council at any time on address of the Senate and House of Commons.

(3) The Commissioner, on the expiration of a first or any subsequent term of office, is eligible to be re-appointed for a further term not exceeding five years.

(4) In the event of the absence or incapacity of the Commissioner, 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.

5. (1) The Commissioner shall rank as and have all the powers of a deputy head of a department, shall engage exclusively in the duties of the office of Commissioner under this Act or any other Act of Parliament and shall not hold any other office under Her Majesty for reward or engage in any other employment for reward.

(2) The Commissioner shall be paid a salary equal to the salary of a judge of the Federal Court, other than the Chief Justice of that Court, and is entitled to be paid reasonable travel and living expenses incurred in the performance of his or her duties under this Act or any other Act of Parliament.

(3) The Commissioner is deemed to be employed in the public service for the purposes of the Public Service Superannuation Act.

(4) The Commissioner is deemed to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act.

STAFF

6. (1) Such officers and employees as are necessary to enable the Commissioner to perform the duties and functions of the Commissioner under this Act or any other Act of Parliament shall be appointed in accordance with the Public Service Employment Act.

(2) The Commissioner may engage on a temporary basis the services of persons having technical or specialized knowledge of any matter relating to the work of the Commissioner to advise and assist the Commissioner in the performance of the duties and functions of the Commissioner under this Act or any other Act of Parliament and, with the approval of the Treasury Board, may fix and pay the remuneration and expenses of such persons.

DELEGATION

7. The Commissioner may authorize any person to exercise or perform, subject to such restrictions or limitations as the Commissioner may specify, any of the powers, duties or functions of the Commissioner under this Act except

(a) the power to delegate under this section; and

(b) the powers, duties or functions set out in section 10.

MANDATE

8. (1) The mandate of the Commissioner is to

(a) develop and conduct information programs to foster public understanding of the Convention and of the role and activities of the Commissioner as well as public recognition of the Convention and the principle described in section 3;

(b) monitor and report on the implementation of the Convention by departments in respect of services and programs affecting children and their rights;

(c) review any legislation, regulations, rules, orders, by-laws and other instruments within the legislative authority of Parliament and — in an annual report or a special report made under section 10 where deemed by the Commissioner to be appropriate — include reference to and comment on any provision thereof that, in the Commissioner’s opinion, is inconsistent with the Convention and the principle described in section 3;

(d) consider such recommendations, suggestions and requests concerning children’s rights as the Commissioner receives from any source, including a child or children, and include reference to and comment on those recommendations, suggestions or requests in an annual report or a special report made under section 10 where deemed by the Commissioner to be appropriate;

(e) review any report to any international organization on behalf of the Government of Canada in respect of the Convention or the rights of children and refer to and comment on that report in an annual report or a special report made under section 10 where deemed by the Commissioner to be appropriate;

(f) maintain close liaison with similar bodies or authorities in the provinces in order to foster common policies and practices and to avoid conflicts respecting the handling of matters in cases of overlapping jurisdiction; and

(g) encourage collaboration and consultation with organizations or service providers mandated to protect the rights of children.

(2) In addition to the mandate set out in subsection (1), the Commissioner shall

(a) carry out or cause to be carried out such studies as may be referred to the Commissioner by a committee of the Senate or House of Commons, and which relate to the Convention or the rights of children or to the systemic application of federal policies, services or programs that may affect the rights of children, and report thereon to that committee; and

(b) carry out or cause to be carried out such studies as may be referred to the Commissioner by the Minister of Justice, and which relate to the Convention or the rights of children or to the systemic application of federal policies, services or programs that may affect the rights of children, and report thereon to the Minister of Justice from time to time.

(3) The Minister of Justice shall cause each report by the Commissioner under paragraph (2)(b) to be laid before Parliament on any of the first fifteen days after receipt thereof that either House of Parliament is sitting.

ACCESS TO INFORMATION

9. (1) The Commissioner is entitled to free access at all convenient times to information that relates to the fulfilment of his or her responsibilities and he or she is also entitled to require and receive from departments and their employees any information, reports and explanations that he or she considers necessary for that purpose.

(2) In order to carry out his or her duties more effectively, the Commissioner may station in any department any person employed in his or her office, and the department shall provide the necessary office accommodation for any person so stationed.

(3) The Commissioner may examine any person on oath on any matter pertaining to a systemic inquiry into matters contained in his or her mandate and, for the purposes of any such inquiry, the Commissioner may exercise all the powers of a commissioner appointed under Part II of the Inquiries Act.

REPORTS

10. (1) The Commissioner shall, within three months after December 31 in each year, prepare and submit to Parliament a report on the activities of the Commissioner for that year, including the assessment by the Commissioner of the implementation of the Convention by the Government of Canada.

(2) The Commissioner may, at any time, prepare and submit to Parliament a special report referring to and commenting on any matter within the scope of his or her powers, duties and functions if, in his or her opinion, the matter is of such urgency or importance that a report on it should not be deferred until the time provided for submission of his or her next annual report under subsection (1).

(3) Every report under this section shall be made by being transmitted to the Speaker of the Senate and to the Speaker of the House of Commons for tabling in those Houses.

GENERAL PROVISIONS

11. The Commissioner and every person acting on behalf or under the direction of the Commissioner who receives or obtains information relating to any inquiry under this Act or any inquiry or investigation under any other Act of Parliament shall, with respect to access to and the use of that information, satisfy any security requirements applicable to, and take any oath of secrecy required to be taken by, persons who normally have access to and use of that information.

12. Subject to this Act, the Commissioner and every person acting on behalf or under the direction of the Commissioner shall not disclose any information that comes to their knowledge in the performance of their duties and functions under this Act.

13. (1) The Commissioner may disclose or may authorize any person acting on behalf or under the direction of the Commissioner to disclose information

(a) that, in the opinion of the Commissioner, is necessary to

(i) carry out an inquiry under this Act, or

(ii) establish the grounds for findings and recommendations contained in any report under this Act; or

(b) in the course of a prosecution for an offence under this Act, a prosecution for an offence under section 131 of the Criminal Code (perjury) in respect of a statement made under this Act, a review before the Court under this Act or an appeal from such a review.

(2) The Commissioner may disclose to the Attorney General of Canada information relating to the commission of an offence against a law of Canada or a province if, in the Commissioner’s opinion, there is evidence of such an offence.

14. The Commissioner or any person acting on behalf or under the direction of the Commissioner is not a competent or compellable witness, in respect of any matter coming to the knowledge of the Commissioner or that person as a result of performing any duties or functions under this Act during an investigation, in any proceedings other than a prosecution for an offence under this Act, a prosecution for an offence under section 131 of the Criminal Code (perjury) in respect of a statement made under this Act, a review before the Court under this Act or an appeal from such a review.

15. (1) No criminal or civil proceedings lie against the Commissioner, or against any person acting on behalf or under the direction of the Commissioner, for anything done, reported or said in good faith in the course of the exercise or performance or purported exercise or perform- ance of any power, duty or function of the Commissioner under this Act.

(2) For the purposes of any law relating to libel or slander,

(a) anything said, any information supplied or any document or thing produced in good faith in the course of an investigation carried out by or on behalf of the Commissioner under this Act is privileged; and

(b) any report made in good faith by the Commissioner under this Act and any fair and accurate account of the report made in good faith in a newspaper or any other periodical publication or in a broadcast is privileged.

OFFENCES

16. (1) No person shall obstruct the Commissioner or any person acting on behalf or under the direction of the Commissioner in the performance of the Commissioner’s duties and functions under this Act.

(2) Every person who contravenes this section is guilty of an offence and liable on summary conviction to a fine not exceeding one thousand dollars.

CONSEQUENTIAL AMENDMENTS

Access to Information Act

17. Subsection 16.1(1) of the Access to Information Act is amended by adding the following after paragraph (b):

18. Schedule I to the Act is amended by adding the following in alphabetical order under the heading “Other Government Institutions”:

Financial Administration Act

19. Schedule I.1 to the Financial Administration Act is amended by adding, in alphabetical order in column I, a reference to:

and a corresponding reference in column II to the “Minister of Justice”.

20. Schedule IV to the Act is amended by adding the following in alphabetical order:

Privacy Act

21. The schedule to the Privacy Act is amended by adding the following in alphabetical order under the heading “Other Government Institutions”:

Public Servants Disclosure Protection Act

22. Schedule 2 to the Public Servants Disclosure Protection Act is amended by adding the following in alphabetical order: