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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 93(a) of the Act is replaced by the following:

  • (a) prescribing anything that the Governor in Council considers necessary to effect compliance with this Act in the conduct of the affairs 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; and

R.S., c. 33 (2nd Supp.)Parliamentary Employment and Staff Relations Act

 The long title of the Parliamentary Employment and Staff Relations Act is replaced by the following:

An Act respecting employment and employer and employee relations in the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer and office of the Ethics Commissioner

 Paragraph 2(a) of the Act is replaced by the following:

  • (a) the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner, and

 The definition “employer” in section 3 of the Act is amended by striking out the word “or” at the end of paragraph (b) and by adding the following after paragraph (c):

  • (d) the office of the Senate Ethics Officer as represented by the Ethics Officer, or

  • (e) the office of the Ethics Commissioner as represented by the Ethics Commissioner;

 Section 85 of the Act is amended by striking out the word “or” at the end of paragraph (c) and by adding the following after paragraph (c):

  • (c.1) the office of the Senate Ethics Officer as represented by the Ethics Officer;

  • (c.2) the office of the Ethics Commissioner as represented by the Ethics Commissioner; or

R.S., c. P-21Privacy Act

Marginal note:1995, c. 12, s. 11

 The schedule to the Privacy Act is amended by striking out the following under the heading Other Government Institutions:

  • Ethics Counsellor

    Conseiller en éthique

R.S., c. P-36Public Service Superannuation Act

Marginal note:1996, c. 18, s. 21

 The definition “Public Service” in subsection 3(1) of the Public Service Superannuation Act is replaced by the following:

“Public Service”

« fonction publique »

“Public Service” means the several positions in or under any department or portion of the executive government of Canada, except those portions of departments or portions of the executive government of Canada prescribed by the regulations and, for the purposes of this Part, of the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer and office of the Ethics Commissioner and any board, commission, corporation or portion of the public service of Canada specified in Schedule I;

R.S., c. R-2; 1989, c. 17, s. 2Radiocommunication Act

Marginal note:1989, c. 17, s. 4
  •  (1) Subsection 3(1) of the Radiocommunication Act is replaced by the following:

    Marginal note:Application to Her Majesty and Parliament
    • 3. (1) Subject to subsection (2), this Act is binding on Her Majesty in right of Canada, on the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer and office of the Ethics Commissioner and on Her Majesty in right of a province.

  • Marginal note:1989, c. 17, s. 4

    (2) The portion of subsection 3(2) of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Exemptions

      (2) The Governor in Council may by order exempt Her Majesty in right of Canada, or the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner, as represented by the person or persons named in the order, from any or all provisions of this Act or the regulations, and such an exemption may be

COORDINATING AMENDMENTS

Marginal note:2002, c. 8

 If section 14 of the Courts Administration Service Act comes into force before section 7 of this Act, then section 7 of this Act and the heading before it are replaced by the following:

Marginal note:R.S., c. F-7; 2002, c. 8, s. 14
Federal Courts Act
Marginal note:1990, c. 8, s. 1(4)

7. Subsection 2(2) of the Federal Courts Act is replaced by the following:

  • Marginal note:Senate and House of Commons

    (2) For greater certainty, the expression “federal board, commission or other tribunal”, as defined in subsection (1), does not include the Senate, the House of Commons, any committee or member of either House, the Senate Ethics Officer or the Ethics Commissioner.

Marginal note:Bill C-15
  •  (1) If Bill C-15, introduced in the 2nd session of the 37th Parliament and entitled An Act to amend the Lobbyists Registration Act (the “other Act”), receives royal assent, then the provisions mentioned in subsections (2) to (4) are amended as provided in those subsections.

  • (2) On the later of the coming into force of section 8 of the other Act and subsection 22(1) of this Act, subsection 10.2(1) of the Lobbyists Registration 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) and 7(1).

    • (3) On the later of the coming into force of section 10 of the other Act and section 23 of this Act,

      • (a) subparagraph 10.4(2)(a)(ii) of the Lobbyists Registration Act is replaced by the following:

        • (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 by an employee who, in accordance with paragraph 7(3)(f) or (f.1), 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 7(1)(a)(i) to (v), as the case may be; and

      • (b) subsection 10.4(6) of the Lobbyists Registration Act is amended by striking out the word “or” at the end of paragraph (a), by adding the word “or” at the end of paragraph (b)and by adding the following after paragraph (wing after paragraph (b):

        • (c) the registrar believes on reasonable grounds that the disclosure is necessary for the purpose of advising a peace officer having jurisdiction to investigate an alleged offence under this or any other Act of Parliament or of the legislature of a province.

      • (c) ) section 10.4 of the Lobbyists Registration Act is amended by adding the following after subsection (6):

        • Marginal note:Advice to peace officers

          (7) If, during the course of performing duties and functions under this section, the registrar believes on reasonable grounds that a person has committed an offence under this or any other Act of Parliament or of the legislature of a province, the registrar shall advise a peace officer having jurisdiction to investigate the alleged offence.

        • Marginal note:Suspension of investigation

          (8) The registrar must immediately suspend an investigation under this section of an alleged breach of the Code by any person if

          • (a) the registrar believes on reasonable grounds that the person has committed an offence under this or any other Act of Parliament or of the legislature of a province in respect of the same subject-matter; or

          • (b) it is discovered that the subject-matter of the investigation under this section is also the subject-matter of an investigation to determine whether an offence referred to in paragraph (a) has been committed or that a charge has been laid with respect to that subject-matter.

        • Marginal note:Investigation continued

          (9) The registrar may not continue an investigation under this section until any investigation or charge regarding the same subject-matter has been finally disposed of.

        • (4) On the later of the coming into force of section 11 of the other Act and section 23 of this Act, subsection 10.5(2) of the Lobbyists Registration Act is replaced by the following:

          • 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 by an employee who, in accordance with paragraph 7(3)(f) or (f.1), 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 7(1)(a)(i) to (v), as the case may be, if the registrar considers publication of the details to be in the public interest.

Marginal note:Bill C-22
  •  (1) If Bill C-22, introduced in the 2nd session of the 37th Parliament and entitled An Act to amend the Divorce Act, the Family Orders and Agreements Enforcement Assistance Act, the Garnishment, Attachment and Pension Diversion Act and the Judges Act and to amend other Acts in consequence (the “other Act”), receives royal assent, then the provisions mentioned in subsections (2) to (6) are amended as provided in those subsections.

  • (2) On the later of the coming into force of section 48 of the other Act and section 12 of this Act, section 19 of the French version of the Garnishment, Attachment and Pension Diversion Act is replaced by the following:

    Marginal note:Lieu de la signification
    • 19. (1) Les documents relatifs à une saisie-arrêt prévue par la présente section doivent être signifiés au Sénat, à la Chambre des communes, à la bibliothèque du Parlement, au bureau du conseiller sénatorial en éthique ou au commissariat à l'éthique au lieu indiqué dans les règlements.

    • Marginal note:Modes de signification

      (2) En plus des modes de signification prévus par le droit d'une province, la signification de documents prévue au paragraphe (1) peut se faire soit par courrier recommandé, à l'intérieur ou à l'extérieur de la province, soit de toute autre manière réglementaire.

    • Marginal note:Date de signification

      (3) La date de la signification de tout document effectuée au Sénat, à la Chambre des communes, à la bibliothèque du Parlement, au bureau du conseiller sénatorial en éthique ou au commissariat à l'éthique par courrier recommandé est celle de sa réception.

  • (3) On the later of the coming into force of section 49 of the other Act and section 15 of this Act, section 23 of the Garnishment, Attachment and Pension Diversion Act is replaced by the following:

    Marginal note:Method of response
    • 23. (1) In addition to any method of responding to a garnishee summons permitted by provincial garnishment law, the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner may respond to a garnishee summons by registered mail or by any other method prescribed.

    • Marginal note:Response by registered mail

      (2) Where the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner responds to a garnishee summons by registered mail, the receipt issued in accordance with regulations relating to registered mail made under the Canada Post Corporation Act shall be received in evidence and is, unless the contrary is shown, proof that the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner, as the case may be, has responded to the garnishee summons.

    • Marginal note:Effect of payment into court

      (3) A payment into court by the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner under this section is a good and sufficient discharge of liability, to the extent of the payment.

    • Marginal note:Effect of payment to provincial enforcement service

      (3.1) Where a payment to a provincial enforcement service is permitted under the provincial garnishment law of the province of a provincial enforcement service, a payment to the provincial enforcement service by the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner is a good and sufficient discharge of liability, to the extent of the payment.

    • Marginal note:Recovery of overpayment to debtor

      (4) Where, in honouring a garnishee summons, the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner, through error, pays to a debtor by way of salary or remuneration an amount in excess of the amount that it should have paid to that debtor, the excess becomes a debt due to the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner, as the case may be, by that debtor and may be recovered from the debtor at any time by set-off against future moneys payable to the debtor as salary or remuneration.

    • Marginal note:Payments to party that instituted proceedings

      (5) Where moneys are paid to or for the benefit of a party that instituted garnishment proceedings permitted by this Division in excess of the amount that should be paid to or for the benefit of that party, the excess becomes a debt due to the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner, as the case may be, by that party and may be recovered from the party by deduction or set-off against any moneys payable to or for the benefit of that party under this Division.

  • (4) On the later of the coming into force of section 50 of the other Act and section 5 of this Act, section 28.2 of the Garnishment, Attachment and Pension Diversion Act is replaced by the following:

    Marginal note:No liability

    28.2 No action lies against Her Majesty, any Minister of the Crown in right of Canada or any officer or employee of Her Majesty, or against the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner, or any of its officers or employees, for anything done or omitted to be done, or purported to be done or omitted to be done, in good faith in the administration of this Part or the discharge of any obligation, power or duty under this Part.

  • (5) On the later of the coming into force of section 52 of the other Act and section 5 of this Act, paragraphs 30.1(2)(a) and (b) of the Garnishment, Attachment and Pension Diversion Act are replaced by the following:

    • (a) an officer or employee of Her Majesty, the Senate, the House of Commons, the Library of Parliament, the office of the Senate Ethics Officer or the office of the Ethics Commissioner;

    • (b) a person hired on a contractual basis by Her Majesty, the Senate, the House of Commons, the Library of Parliament, the office of the Senate Ethics Officer or the office of the Ethics Commissioner to assist in carrying out those activities; and

  • (6) On the later of the coming into force of section 59 of the other Act and section 5 of this Act, paragraphs 48(2)(a) and (b) of the Garnishment, Attachment and Pension Diversion Act are replaced by the following:

    • (a) an officer or employee of Her Majesty in right of Canada, the Senate, the House of Commons, the Library of Parliament, the office of the Senate Ethics Officer or the office of the Ethics Commissioner;

    • (b) a person hired on a contractual basis by Her Majesty in right of Canada, the Senate, the House of Commons, the Library of Parliament, the office of the Senate Ethics Officer or the office of the Ethics Commissioner to assist in carrying out those activities; and

 
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