Parliament of Canada Act (R.S.C., 1985, c. P-1)

Act current to 2016-04-12 and last amended on 2015-10-27. Previous Versions

Arrangement for Physical Security Services

Marginal note:Arrangement
  •  (1) The Speaker of the Senate and the Speaker of the House of Commons, being responsible for the Service, and the Minister of Public Safety and Emergency Preparedness shall enter into an arrangement to have the Royal Canadian Mounted Police provide physical security services throughout the parliamentary precinct and Parliament Hill.

  • Marginal note:RCMP to provide services

    (2) The Royal Canadian Mounted Police shall provide the physical security services in accordance with the terms of the arrangement.

  • 2015, c. 36, s. 98.
Marginal note:Selection process for Director
  •  (1) The arrangement entered into under section 79.55 shall provide for a process for selecting a person to act as the Director of the Parliamentary Protective Service. It shall also provide for a person — identified by name or position — to act as the Director on an interim basis if the Director is absent or incapacitated or if the office of Director is vacant, and set out the maximum period that the person may act as the Director on an interim basis.

  • Marginal note:Member of RCMP

    (2) The Director, or the person acting as the Director on an interim basis, must be a member as that term is defined in subsection 2(1) of the Royal Canadian Mounted Police Act.

  • 2015, c. 36, s. 98.

Estimates

Marginal note:Estimates to be prepared and transmitted

 Before each fiscal year, the Speaker of the Senate and the Speaker of the House of Commons shall cause to be prepared an estimate of the sums that will be required to pay the expenditures of the Service during the fiscal year and shall transmit the estimate 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.

  • 2015, c. 36, s. 98.

Powers, Privileges, Rights and Immunities

Marginal note:For greater certainty

 For greater certainty, nothing in sections 79.51 to 79.57 shall be construed as limiting in any way the powers, privileges, rights and immunities of the Senate and the House of Commons and their members.

  • 2015, c. 36, s. 98.

General

Marginal note:Statutory Instruments Act

 For greater certainty, the designation referred to in the definition parliamentary precinct in section 79.51 is not a statutory instrument for the purposes of the Statutory Instruments Act.

  • 2015, c. 36, s. 98.

Offence and Punishment

Marginal note:Prohibited use of expression “Parliament Hill”
  •  (1) Notwithstanding anything contained in any Act of Parliament or regulation made thereunder, no person shall use the words “Parliament Hill” in combination

    • (a) to describe or designate a property, place, site or location in the National Capital Region described in the schedule to the National Capital Act other than the area of ground in the City of Ottawa bounded by Wellington Street, the Rideau Canal, the Ottawa River and Kent Street;

    • (b) to identify any goods, merchandise, wares or articles for commercial use or sale; or

    • (c) in association with a commercial establishment providing services.

  • Marginal note:Offence and punishment

    (2) Every person who contravenes subsection (1) is guilty of an offence punishable on summary conviction.

  • Marginal note:Construction

    (3) This section shall not be construed as limiting in any way the powers, privileges, rights and immunities of both Houses of Parliament and of their members.

  • R.S., 1985, c. P-1, s. 80;
  • 2001, c. 20, s. 13.

Conflict of Interest and Ethics Commissioner

Marginal note:Appointment
  •  (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.

  • Marginal note:Qualifications

    (2) In order to be appointed under subsection (1), a person must be

    • (a) a former judge of a superior court in Canada or of any other court whose members are appointed under an Act of the legislature of a province;

    • (b) a former member of a federal or provincial board, commission or tribunal who, in the opinion of the Governor in Council, has demonstrated expertise in one or more of the following:

      • (i) conflicts of interest,

      • (ii) financial arrangements,

      • (iii) professional regulation and discipline, or

      • (iv) ethics; or

    • (c) a former Senate Ethics Officer or former Ethics Commissioner.

  • Marginal note:Reappointment

    (3) The Commissioner is eligible to be reappointed for one or more terms of up to seven years each.

  • 2006, c. 9, s. 28.
Marginal note:Tenure
  •  (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.

  • Marginal note:Interim appointment

    (2) 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.

  • 2006, c. 9, s. 28.
Marginal note:Remuneration
  •  (1) The Commissioner shall be paid the remuneration and expenses set by the Governor in Council.

  • Marginal note:Carrying out functions

    (2) The Commissioner shall engage exclusively in the duties and functions of the Commissioner and may not hold any office under Her Majesty or engage in any other employment for reward.

  • 2006, c. 9, s. 28.
Marginal note:Deputy head
  •  (1) The 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 Commissioner.

  • Marginal note:Powers to contract

    (2) The Commissioner may, in carrying out the work of the office of the Commissioner, enter into contracts, memoranda of understanding or other arrangements.

  • Marginal note:Staff

    (3) The Commissioner may employ any officers and employees and may engage the services of any agents and mandataries, advisers and consultants that the Commissioner considers necessary for the proper conduct of the work of the office of the Commissioner.

  • Marginal note:Authorization

    (4) The 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 Commissioner that he or she may determine.

  • Marginal note:Salaries

    (5) The salaries of the officers and employees of the office of the Commissioner shall be fixed according to the scale provided by law.

  • Marginal note:Payment

    (6) The salaries of the officers and employees of the office of the Commissioner, and any casual expenses connected with the office, shall be paid out of moneys provided by Parliament for that purpose.

  • Marginal note:Estimates to be prepared

    (7) Prior to each fiscal year, the 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 Commissioner during the fiscal year.

  • Marginal note:Inclusion in government estimates

    (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.

  • 2006, c. 9, s. 28.
Marginal note:Mandate

 The mandate of the Commissioner is to

  • (a) carry out the functions of the Commissioner referred to in sections 86 and 87; and

  • (b) provide confidential policy advice and support to the Prime Minister in respect of conflict of interest and ethical issues in general.

  • 2006, c. 9, s. 28.
 
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