Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

An Act to amend the Parliament of Canada Act (Ethics Commissioner and Senate Ethics Officer) and other Acts in consequence (S.C. 2004, c. 7)

Assented to 2004-03-31

 Paragraph 24(a) of the Act is replaced by the following:

  • (a) specifying the place where service of documents on the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner must be effected in connection with garnishment proceedings permitted by this Division;

 Section 26 of the Act is replaced by the following:

Marginal note:No execution

26. No execution shall issue on a judgment given against the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner in garnishment proceedings permitted by this Part.

R.S., c. G-5Government Employees Compensation Act

 Paragraph (e) of the definition “employee” in section 2 of the Government Employees Compensation Act is replaced by the following:

  • (e) any officer or employee of the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner;

R.S., c. 44 (4th Supp.)Lobbyists Registration Act

Marginal note:1995, c. 12, s. 1(2)

 The definition “Ethics Counsellor” in subsection 2(1) of the Lobbyists Registration Act is repealed.

Marginal note:1995, c. 12, s. 5

 Subsection 10(1) of the Act is replaced by the following:

Marginal note:Interpretation bulletins
  • 10. (1) The registrar may issue advisory opinions and interpretation bulletins with respect to the enforcement, interpretation or application of this Act other than under sections 10.2 to 10.6.

Marginal note:1995, c. 12, s. 5

 Section 10.1 of the Act is repealed.

Marginal note:1995, c. 12, s. 5
  •  (1) Subsection 10.2(1) of the Act is replaced by the following:

    Marginal note:Lobbyists' Code of Conduct
    • 10.2 (1) The registrar shall develop a Lobbyists' Code of Conduct respecting the activities described in subsections 5(1), 6(1) and 7(1).

  • Marginal note:1995, c. 12, s. 5

    (2) Subsection 10.2(2) of the English version of the Act is replaced by the following:

    • Marginal note:Consultation

      (2) In developing the Code, the registrar shall consult persons and organizations that the registrar considers are interested in the Code.

Marginal note:1995, c. 12, s. 5

 Sections 10.4 to 10.6 of the Act are replaced by the following:

Marginal note:Investigation of breaches
  • 10.4 (1) Where the registrar believes on reasonable grounds that a person has breached the Code, the registrar shall investigate to determine whether a breach has occurred.

  • Marginal note:Powers of investigation

    (2) For the purpose of conducting the investigation, the registrar may

    • (a) in the same manner and to the same extent as a superior court of record,

      • (i) summon and enforce the attendance of persons before the registrar and compel them to give oral or written evidence on oath, and

      • (ii) compel persons to produce any documents or other things that the registrar considers necessary for the investigation, including any record of a payment received, disbursement made or expense incurred by an individual who is required to file a return under subsection 5(1) or 6(1) or by an individual who, in accordance with paragraph 7(3)(f), is named in a return filed under subsection 7(1), in respect of any matter referred to in any of subparagraphs 5(1)(a)(i) to (vi) or paragraphs 6(1)(a) to (e) or 7(1)(a) to (e), as the case may be; and

    • (b) administer oaths and receive and accept information, whether or not it would be admissible as evidence in a court of law.

  • Marginal note:Investigation in private

    (3) The investigation shall be conducted in private.

  • Marginal note:Evidence in other proceedings

    (4) Evidence given by a person in the investigation and evidence of the existence of the investigation are inadmissible against the person in a court or in any other proceeding, other than in a prosecution of a person for an offence under section 131 of the Criminal Code (perjury) in respect of a statement made to the registrar.

  • Marginal note:Opportunity to present views

    (5) Before finding that a person has breached the Code, the registrar shall give the person a reasonable opportunity to present their views to the registrar.

  • Marginal note:Confidentiality

    (6) The registrar, and every person acting on behalf of or under the direction of the registrar, may not disclose any information that comes to their knowledge in the performance of their duties and functions under this section, unless

    • (a) the disclosure is, in the opinion of the registrar, necessary for the purpose of conducting an investigation under this section or establishing the grounds for any findings or conclusions contained in a report under section 10.5; or

    • (b) the information is disclosed in a report under section 10.5 or in the course of a prosecution for an offence under section 131 of the Criminal Code (perjury) in respect of a statement made to the registrar.

Marginal note:Report
  • 10.5 (1) After conducting an investigation, the registrar shall prepare a report of the investigation, including the findings, conclusions and reasons for the registrar's conclusions, and submit it to the Registrar General of Canada who shall cause a copy of it to be laid before each House of Parliament on any of the first fifteen sitting days on which that House is sitting after it is received.

  • Marginal note:Contents of report

    (2) The report may contain details of any payment received, disbursement made or expense incurred by an individual who is required to file a return under subsection 5(1) or 6(1) or by an individual who, in accordance with paragraph 7(3)(f), is named in a return filed under subsection 7(1), in respect of any matter referred to in any of subparagraphs 5(1)(a)(i) to (vi) or paragraphs 6(1)(a) to (e) or 7(1)(a) to (e), as the case may be, if the registrar considers publication of the details to be in the public interest.

Marginal note:Annual report

10.6 The registrar shall, within three months after the end of each fiscal year, prepare a report with regard to the exercise of the powers, duties and functions conferred on the registrar under this Act during the fiscal year and submit the report to the Registrar General of Canada who shall cause a copy of it to be laid before each House of Parliament on any of the first fifteen sitting days on which that House is sitting after it is received.

Marginal note:1995, c. 12, s. 6

 Subsection 11(1) of the Act is replaced by the following:

Marginal note:Annual report
  • 11. (1) The registrar shall, within three months after the end of each fiscal year, prepare a report with regard to the administration of this Act, other than sections 10.2 to 10.6, during that fiscal year and submit the report to the Registrar General of Canada.

R.S., c. 15 (4th Supp.)Non-smokers' Health Act

Marginal note:1989, c. 7, s. 1

 Paragraph (c) of the definition “employer” in subsection 2(1) of the Non-smokers' Health Act is replaced by the following:

  • (c) ) the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner, in relation to employees thereof or employees of a committee of the Senate or House of Commons, as the case may be, or

R.S., c. 31 (4th Supp.)Official Languages Act

 The definition “federal institution” in subsection 3(1) of the Official Languages Act is amended by adding the following after paragraph (c):

  • (c.1) the office of the Senate Ethics Officer and the office of the Ethics Commissioner,

 Section 33 of the Act is replaced by the following:

Marginal note:Regulations

33. The Governor in Council may make any regulations that the Governor in Council deems necessary to foster actively communications with and services from offices or facilities of federal institutions — other than the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner — in both official languages, where those communications and services are required under this Part to be provided in both official languages.

  •  (1) The portion of subsection 38(1) of the Act before paragraph (a) is replaced by the following:

    Marginal note:Regulations
    • 38. (1) The Governor in Council may make regulations in respect of federal institutions, other than the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner,

  • (2) Paragraph 38(2)(b) of the English version of the Act is replaced by the following:

    • (b) substituting, with respect to any federal institution other than the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner, a duty in relation to the use of the official languages of Canada in place of a duty under section 36 or the regulations made under subsection (1), having regard to the equality of status of both official languages, where there is a demonstrable conflict between the duty under section 36 or the regulations and the mandate of the institution.

 Subsection 46(1) of the Act is replaced by the following:

Marginal note:Responsibilities of Treasury Board
  • 46. (1) The Treasury Board has responsibility for the general direction and coordination of the policies and programs of the Government of Canada relating to the implementation of Parts IV, V and VI in all federal institutions other than the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer and office of the Ethics Commissioner.

 
Date modified: