Bill C-558

2nd Session, 41st Parliament,

62 Elizabeth II, 2013

house of commons of canada

BILL C-558

An Act to establish the position of Parliamentary Science Officer

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 Parliamentary Science Officer Act.

PARLIAMENTARY SCIENCE OFFICER

2. There is established the position of Parliamentary Science Officer, the holder of which is an officer of Parliament.

3. (1) The mandate of the Parliamentary Science Officer is to advise and report to Parliament on all aspects related to science and technology in Canada in order to

(a) ensure that the legislative process is informed by sound scientific and technical evidence;

(b) provide Parliament with accurate and timely advice on all scientific matters of relevance and on science and technology policy;

(c) promote transparency and integrity in scientific research;

(d) encourage coordination between all federal departments and agencies that conduct scientific and technical research; and

(e) raise awareness of science and technology issues across government and among Canadians.

(2) The mandate of the Parliamentary Science Officer includes the following responsibilities:

(a) to provide sound information and independent analysis — on his or her own initiative or when requested to do so under this section — to the Senate and to the House of Commons concerning

(i) federal science and technology policy, including trends in public funding and support for scientific research,

(ii) scientific integrity within federal departments and agencies, including the extent to which there is freedom from political influence in the research process and in the open communication of scientific results, and

(iii) the state of current scientific evi-dence — including accepted theories, established findings and existing uncer-tainties — relevant to any specific matter or proposal over which Parliament has jurisdiction;

(b) when requested to do so by the Standing Committee on Industry, Science and Technology of the House of Commons or the Standing Committee on Social Affairs, Science and Technology of the Senate, to undertake research into any aspect of federal science and technology policy or to assess the state of scientific integrity within federal departments and agencies;

(c) when requested to do so by a member of either House or by a committee of the Senate or of the House of Commons, or a committee of both Houses, to assess the state of scientific and technical evidence — including accepted theories, established findings, and existing uncertainties — relevant to any specific matter or proposal over which Parliament has jurisdiction; and

(d) to communicate all of its research, analyses and reports to parliamentarians and Canadians in a clear and accessible manner.

(3) Without limiting the generality of subsections (1) and (2), the mandate of the Parliamentary Science Officer applies in such a way as to complement the activities and work of existing federal science and technology advisory bodies, including the Science, Technology and Innovation Council, as well as the activities of the Council of Canadian Academies.

(4) For the purposes of this section, “legislative process” means

(a) the consideration, analysis and study of bills, motions and regulations that are tabled in Parliament;

(b) the work of committees of the Senate or of the House of Commons and joint committees of both Houses; and

(c) the work of individual parliamentarians in carrying out their parliamentary functions.

4. The Governor in Council must, by commission under the Great Seal, appoint a Parliamentary Science Officer after consultation with the leader of every recognized party in both Houses of Parliament and approval of the appointment by resolution of those Houses.

5. In order to be appointed under section 4, a person must, at the time of his or her appointment,

(a) be able to understand English and French without the aid of an interpreter and to express himself or herself clearly in both official languages;

(b) have an appropriate educational background, including a doctoral degree in natural sciences, engineering sciences, health sciences or social sciences;

(c) have experience conducting scientific research and a record of peer-reviewed publications in his or her field of specialization; and

(d) have extensive knowledge of federal science and technology policy, particularly within departments and agencies that undertake or support scientific research.

6. The Parliamentary Science Officer is to be paid a salary equal to the salary of a judge of the Federal Court, other than the Chief Justice of the Federal Court, and is entitled to be paid reasonable travel and living expenses while absent from his or her ordinary place of residence in the course of his or her duties.

7. The Parliamentary Science Officer holds office during good behaviour for a term of seven years, but may be removed for cause by the Governor in Council at any time on address of the Senate and House of Commons.

8. No person may be appointed as Parliamentary Science Officer for more than one term.

9. Six months prior to the expiration of the serving Parliamentary Science Officer’s term, the Governor in Council must confirm the appointment of a new Parliamentary Science Officer in accordance with section 4, to take effect upon the expiration of the serving Parliamentary Science Officer’s term.

10. (1) If the Parliamentary Science Officer ceases to hold office, the Governor in Council must appoint a new Parliamentary Science Officer, in accordance with section 4, no later than six months after the cessation of office.

(2) A Parliamentary Science Officer ceases to hold office when he or she

(a) is removed for cause by the Governor in Council on address of the Senate and House of Commons;

(b) resigns;

(c) dies; or

(d) is otherwise incapacitated.

11. (1) The Parliamentary Science Officer must engage exclusively in the functions, duties and responsibilities assigned to his or her office under this Act or any other Act of Parliament and may not hold any other office under Her Majesty or engage in any other employment for reward.

(2) Despite subsection (1), the Parliamentary Science Officer may conduct independent scientific research and participate in the peer-review process associated with being a scientist.

12. The Parliamentary Science 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 Parliamentary Science Officer.

REPORT

13. The Parliamentary Science Officer must report annually to the Senate and the House of Commons

(a) on the discharge of his or her mandate;

(b) on the state of science and technology in Canada, including the extent to which scientific work within federal departments and agencies is coordinated; and

(c) calling attention in the report to anything that he or she considers to be of significance and of a nature that should be brought to the attention of the Senate or the House of Commons.

14. Any analysis, research or report that is prepared by the Parliamentary Science Officer pursuant to section 3 or 13 must immediately be made available to the public and to all members of the Senate and the House of Commons.

ACCESS TO INFORMATION

15. Except as provided by any other Act of Parliament that expressly refers to this section, the Parliamentary Science Officer is entitled, by request made to the deputy head of a department within the meaning of any of paragraphs (a), (a.1) and (d) of the definition “department” in section 2 of the Financial Administration Act, or to his or her equivalent, or to any other person designated by that deputy head or his or her equivalent for the purpose of this section, to free and timely access to any data, information, records, explanations and assistance that the Parliamentary Science Officer considers necessary to fulfil his or her responsibilities under section 3.

16. If the deputy head of a department or his or her equivalent or designate refuses to provide the data, information, records, explanations or assistance requested under section 15, the Federal Court must, if it determines that there is no ground to refuse to provide the data, information, records, explanations or assistance, order the deputy head of the department or his or her equivalent or designate to provide the data, information, records, explanations or assistance, subject to such conditions as the Court deems appropriate.

17. Sections 15 and 16 do not apply in respect of any data, information, records or explanations

(a) that are information the disclosure of which is restricted under section 19 of the Access to Information Act or any provision set out in Schedule II to that Act; or

(b) that are contained in a confidence of the Queen’s Privy Council for Canada described in subsection 69(1) of that Act, unless the data, information, records or explanations are also contained in any other record, within the meaning of section 3 of that Act, and are not information referred to in paragraph (a).

18. The Parliamentary Science Officer, and every person acting on behalf or under the direction of the Parliamentary Science Officer, must not disclose any scientific data that come to their knowledge under section 15 or 16, unless the disclosure is essential for the performance of his or her mandate and the scientific data to which the disclosure relates are not information described in subsection 13(1), section 14, any of paragraphs 18(a) to (d), section 18.1, any of paragraphs 20(1)(b) to (d) or section 20.1 of the Access to Information Act.

19. No grounds other than those described in section 17 may be relied upon to authorize a refusal to provide the data, information, records, explanations or assistance requested.

POWERS

20. The Parliamentary Science Officer may, in carrying out the work of the office of the Parliamentary Science Officer, enter into contracts, memoranda of understanding or other arrangements.

STAFF

21. (1) The Parliamentary Science Officer may employ any officers and employees and may engage the services of any agents, advisers and consultants that the Parliamentary Science Officer considers necessary for the proper conduct of the work of the office of the Parliamentary Science Officer.

(2) The Parliamentary Science Officer may engage on a temporary basis the services of persons having technical or specialized knowledge necessary for the performance of his or her mandate.

ESTIMATES

22. Prior to each fiscal year, the Parliamentary Science Officer must cause to be prepared an estimate of the sums that will be required to pay the charges and expenses of the office of the Parliamentary Science Officer during the fiscal year.

23. The estimate referred to in section 22 must be considered by the Speaker of the House of Commons and then transmitted to the President of the Treasury Board, who must lay it before the House of Commons with the estimates of the Government for the fiscal year.