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

Act current to 2014-06-12 and last amended on 2013-12-12. Previous Versions

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.