Conflict of Interest Act (S.C. 2006, c. 9, s. 2)

Marginal note:Publication

62 If an administrative monetary penalty is imposed on a public office holder in respect of a violation, the Commissioner shall make public the nature of the violation, the name of the public office holder who committed it and the amount of the penalty imposed.

PART 5General

Marginal note:Minister designating public office holder

• 62.1 (1) The appropriate minister of the Crown may designate a full-time ministerial appointee as a public office holder for the purpose of paragraph (e) of the definition public office holder in subsection 2(1).

• Marginal note:Minister designating reporting public office holder

  (2) The appropriate minister of the Crown may designate a full-time ministerial appointee who is a public office holder as a reporting public office holder for the purpose of paragraph (f) of the definition reporting public office holder in subsection 2(1).

Marginal note:Governor in Council designating public office holder

• 62.2 (1) The Governor in Council may, by order, designate any person or class of persons as public office holders for the purpose of paragraph (e) of the definition public office holder in subsection 2(1).

• Marginal note:Governor in Council designating reporting public office holder

  (2) The Governor in Council may, by order, designate any person who is a public office holder or any class of persons who are public office holders as reporting public office holders for the purpose of paragraph (f) of the definition reporting public office holder in subsection 2(1).

Marginal note:Section 126 of Criminal Code

63 Section 126 of the Criminal Code does not apply to or in respect of any contravention or alleged contravention of any provision of this Act.

Marginal note:Activities on behalf of constituents

• 64 (1) Subject to subsection 6(2) and sections 21 and 30, nothing in this Act prohibits a member of the Senate or the House of Commons who is a public office holder or former public office holder from engaging in those activities that he or she would normally carry out as a member of the Senate or the House of Commons.

• Marginal note:Rights, etc. not affected

  (2) Subject to subsection 6(2) and sections 21 and 30, nothing in this Act abrogates or derogates from any of the privileges, immunities and powers referred to in section 4 of the Parliament of Canada Act.

Marginal note:Limitation period

65 Proceedings under this Act may be taken at any time within but not later than five years after the day on which the Commissioner became aware of the subject-matter of the proceedings and, in any case, not later than ten years after the day on which the subject-matter of the proceeding arose.

Marginal note:Orders and decisions final

66 Every order and decision of the Commissioner is final and shall not be questioned or reviewed in any court, except in accordance with the Federal Courts Act on the grounds referred to in paragraph 18.1(4)(a), (b) or (e) of that Act.

Marginal note:Review

• 67 (1) Within five years after this section comes into force, a comprehensive review of the provisions and operation of this Act shall be undertaken by such committee of the Senate, of the House of Commons or of both Houses of Parliament as may be designated or established by the Senate or the House of Commons, or by both Houses of Parliament, as the case may be, for that purpose.

• Marginal note:Report to Parliament

  (2) The committee referred to in subsection (1) shall, within a year after a review is undertaken pursuant to that subsection or within such further time as may be authorized by the Senate, the House of Commons or both Houses of Parliament, as the case may be, submit a report on the review to Parliament, including a statement of any changes that the committee recommends.

Marginal note:Referral from Public Sector Integrity Commissioner

68 If a matter is referred to the Commissioner under subsection 24(2.1) of the Public Servants Disclosure Protection Act, the Commissioner shall

• (a) provide the Prime Minister with a report setting out the facts in question as well as the Commissioner’s analysis and conclusions;

• (b) provide a copy of the report to the public office holder or former public office holder who is the subject of the report;

• (c) provide a copy of the report to the Public Sector Integrity Commissioner; and

• (d) make the report available to the public.