Bill C-388

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

First Reading

PDF

	PART 2
	INCOMPATIBLE OFFICES
Incompatible offices	6. (1) The office of minister is incompatible with
	(a) the office of member of a municipal council or a school board;
	(b) any mandate, office or employment to which remuneration or a benefit in lieu of remuneration is attached if it is held from or with
	(i) the Government of Canada or a department of such a government, except the regular force or the reserve force of the Canadian Forces within the meaning of section 15 of the National Defence Act,
	(ii) the government of a province or a department of such a government, or
	(iii) a foreign country; and
	(c) any office to which remuneration from a non-profit international organization is attached.
Appointment	(2) A person shall not be appointed to the office of minister if the person is in an office incompatible with ministerial duties referred to in subsection (1).
Resignation	(3) If an office incompatible with ministerial duties devolves upon a minister during his term, he must resign from one or the other within thirty days, and shall not serve as minister during that time.
	PART 3
	DISCLOSURE
	Certificate
Certificate	7. A person shall not be appointed minister unless the person has filed with the Commissioner a statement in the prescribed form certifying that the person promises to comply with the provisions of this Act.
	Confidential statement
Confidential statement	8. (1) Subject to subsection (2), within sixty days after the appointment of the person as minister or, if the person holds that office on the coming into force of this Act, within sixty days after the coming into force of this Act and, thereafter, once in every calendar year on a day determined by the Commissioner, the minister shall file with the Commissioner a confidential statement in the prescribed form that includes a description
	(a) of the minister's private interests and commitments and the private interests and commitments of the minister's family;
	(b) of all outside activities in which the minister or the minister's family participates or in which the minister or the minister's family have participated in the last twenty-four months prior to the month in which the minister files the statement, including any activity
	(i) of a philanthropic, charitable or non-commercial nature, or
	(ii) exercised as a trustee or executor or under a power of attorney.
Private interests of family members	(2) Information relating to the private interests of the minister's family shall be, to the best of the minister's knowledge, information and belief, and the minister shall make reasonable efforts to determine the information.
Material change	(3) Any material change to the information required by subsection (1) to be disclosed shall be reported in writing by the minister to the Commissioner not more than thirty days after the change occurs.
Confidentialit y	(4) Subject to subsection (5), every statement filed by a minister with the Commissioner under this section shall be kept confidential by the Commissioner.
Investigation	(5) The Commissioner may, in the course of an investigation under this Act, use the information contained in the confidential statement and refer to it in any report that the Commissioner may submit to the Speaker of the House under section 36.
Review of confidential statement	9. The Commissioner shall review the disclosure statement referred to in section 8 forthwith upon receiving it and shall cause to be sent to the minister a list of those assets that, in the opinion of the Commissioner, are unlikely to place the minister in a conflict of interest situation.
	Statement of divestment
Statement of divestment	10. (1) Where the minister divests himself of controlled assets under section 23, the minister, not later than ten days after the divestment, shall file with the Commissioner a statement in the prescribed form listing the assets that have been divested and a copy of the confirmation of sale and copy of any executed instrument.
Confidentialit y	(2) The Commissioner shall not disclose the content of any instrument filed with the Commissioner under subsection (1), but shall make available to the public the contents of the statement referred to in subsection (1).
	Statement of assets and outside activities
Statement of assets and outside activities	11. (1) Subject to subsection (2), not later than ninety days after the person is appointed as minister or, where the person holds office as minister on the coming into force of this Act, not later than ninety days after the coming into force of this Act and, thereafter, every year on the day determined by the Commissioner, the minister shall file with the Commissioner a public statement in the prescribed form containing
	(a) a description of the assets of the minister and those of the minister's family, with the exception of exempt assets;
	(b) a description of the outside activities exercised by the minister that were the subject of a confidential statement under section 8;
	(c) a description of the outside activities exercised by the minister that were authorized by the Commissioner under sections 18 and 19;
	(d) a description of the methods employed by the minister to comply with the measures referred to in sections 4 to 23; and
	(e) a statement certifying that the minister is familiar with the post-employment compliance measures set out in Part 7 of this Act.
Family assets	(2) Information relating to the private interests of the minister's family under subsection (1) shall be to the best of the minister's knowledge, information and belief, and the minister shall make reasonable efforts to determine the information.
Assistance by Commission- er	(3) At the request of the minister, the Commissioner shall assist the minister in preparing the statement referred to in subsection (1).
	Dealings with a former minister
Disclosure: dealings with a former minister	12. (1) Where a minister, within the scope of his or her duties, has dealings with a former minister who is subject to the provisions of Part 7, the minister shall file a statement with the Commissioner in the prescribed form, containing
	(a) the name of the former minister; and
	(b) a brief description of the type of official dealings that the minister has with the former minister.
Exception	(2) Subsection (1) does not apply to dealings that consist of the routine provision of a service to an individual.
Report	(3) Forthwith upon receipt of a statement under subsection (1), the Commissioner shall immediately determine whether the former minister is complying with the compliance measures set out in Part 7 and shall prepare a report on the Commissioner's conclusions and cause a copy to be sent to the minister.
Prohibition	(4) Where the Commissioner indicates in the report that the former minister is not complying with one of the provisions of Part 7, the minister shall not, upon receiving the report, continue to have official dealings with the former minister.
	Offer of employment
Offer of employment	13. (1) A minister shall disclose to the Commissioner in writing any firm offer of employment received from outside the federal Public Service within ten days of receiving the offer.
Acceptance of an offer of employment	(2) A minister shall immediately disclose to the Commissioner, in the prescribed form, any offer of employment referred to in subsection (1) that is accepted by the minister.
Report	(3) If the Commissioner considers that the offer of employment could place the minister in a position of conflict of interest, the Commissioner shall, as soon as possible after receiving a disclosure under subsection (2), send a report to the Speaker of the House containing the name of the minister, a description of the employment and whatever recommendations the Commissioner considers appropriate in the circumstances.
Tabling report	(4) Section 37 applies, with such modifications as the circumstances require, to any report prepared by the Commissioner under this section.
	Consultation
Consultation	14. Where a minister is unsure whether there is a need to file a public statement under this Act or a minister is unsure as to the contents of a statement required to be filed by the minister under this Act, the minister shall consult the Commissioner and comply with the decision of the Commissioner.
	Confidential registry
Confidential registry	15. The Commissioner shall maintain any statement received by the Commissioner under sections 8 and 10 in a confidential registry.
	Public access
Public access	16. Any statement received by the Commissioner under section 11 shall be made available by the Commissioner to the public for examination during normal office hours.
	PART 4
	PROHIBITED ACTIVITIES
	Prohibited outside activities
Prohibited outside activities	17. Subject to sections 18 and 19, a minister shall not participate in activities outside the minister's official duties and responsibilities where such participation
	(a) is inconsistent with the minister's official duties and responsibilities; or
	(b) calls into question the minister's capacity to perform the minister's official duties and responsibilities objectively.
Prohibited outside activities	18. (1) Subject to subsection (2), a minister shall not, outside the minister's official duties and responsibilities,
	(a) engage in the practice of a profession;
	(b) actively manage or operate a business or commercial activity;
	(c) retain or accept directorships or offices in a financial or commercial corporation;
	(d) hold office in a union or professional association; or
	(e) serve as a paid consultant.
Exception	(2) The minister may engage in an activity referred to in subsection (1) where
	(a) the activity is related to the minister's official duties and responsibilities; and
	(b) the Commissioner is satisfied that the activity would not be prejudicial to the minister's obligations under this Act.
Prohibited outside activities	19. (1) A minister shall not serve as administrator or director in a philanthropic, charitable or non-commercial organization without the approval of the Commissioner.
Authoriza- tion of the Commission- er	(2) The Commissioner shall grant authorization under subsection (1) only where the Commissioner is satisfied that involvement in the activity is unlikely to give rise to a conflict of interest under this Act.
Caution	(3) Where a minister holds a position referred to in subsection (1),
	(a) the minister may not receive any remuneration in connection with the position; and
	(b) the minister shall exercise utmost caution to prevent conflicts of interest from arising.