PART IIIHouse of Commons (continued)
DIVISION BConflict of Interest (continued)
Marginal note:Commissioner’s orders
41.3 (1) If a trust disclosed by a member of the House of Commons was established by the member or by a person who is not a relative of the member, the Conflict of Interest and Ethics Commissioner shall
(a) if he or she is of the opinion that it is legally possible for the member to terminate the trust, order the member to terminate the trust and not to use any distribution of the assets on its termination for the purpose of financing a nomination contest, a leadership contest or an electoral campaign within the meaning of the Canada Elections Act; or
(b) if he or she is of the opinion that it is not legally possible for the member to terminate the trust, order the member not to derive any benefit or income from the trust for the purpose of financing a nomination contest, a leadership contest or an electoral campaign within the meaning of the Canada Elections Act.
Marginal note:Commissioner’s orders
(2) If a trust disclosed by a member was established by a relative of the member, the Conflict of Interest and Ethics Commissioner shall order the member not to derive any benefit or income from the trust, including any distribution of its assets on its termination, for the purpose of financing a nomination contest, a leadership contest or an electoral campaign within the meaning of the Canada Elections Act.
(3) Subsections (1) and (2) do not apply in respect of a trust that meets the requirements of subsection 27(4) of the Conflict of Interest Act or a trust that is governed by a registered retirement savings plan or a registered education savings plan.
Marginal note:Cessation of order
(4) No order made under this section has effect after the day on which the member to which the order relates ceases to be a member of the House of Commons and, for the purposes of this subsection, a person who was a member of the House of Commons immediately before the issue of a writ for the election of a new member in place of that person is deemed to continue to be a member of that House until the date of that election.
Marginal note:Compliance measures under Conflict of Interest Act
(5) If there is any inconsistency between an order made under this section and compliance measures required to be taken under the Conflict of Interest Act, the order prevails to the extent of the inconsistency.
Marginal note:Offence and punishment
(6) Every member of the House of Commons who contravenes an order made under this section is guilty of an offence and liable on summary conviction to a fine of not less than $500 and not more than $2,000.
Marginal note:Meaning of relative
(7) Persons who are related to a member of the House of Commons by birth, marriage, common-law partnership, adoption or affinity are the member’s relatives for the purpose of this section unless the Conflict of Interest and Ethics Commissioner determines, either generally or in relation to a particular member, that it is not necessary for the purposes of this section that a person or class of persons be considered a relative of the member.
Meaning of common law partnership
(8) For the purpose of subsection (7), common law partnership means the relationship between two persons who are cohabiting in a conjugal relationship, having so cohabited for a period of at least one year.
- 2006, c. 9, s. 99
Marginal note:Notification of Committee
41.4 (1) Any person, including the Conflict of Interest and Ethics Commissioner, who has reasonable grounds to believe that an offence has been committed under section 41.1 shall, in writing, notify the Committee of the House of Commons designated to consider such matters.
Marginal note:Opinion of Committee
(2) The Committee may issue its opinion with respect to the notification within 30 sitting days of the House of Commons after being notified.
- 2006, c. 9, s. 99
Marginal note:Order to be provided to Committee
41.5 (1) The Conflict of Interest and Ethics Commissioner shall provide any order made under section 41.3 to a Committee of the House of Commons designated to consider whether a member has contravened an order of the Commissioner.
Marginal note:Issuance of opinion
(2) The Committee may issue its opinion with respect to the order within 30 sitting days of the House of Commons after being provided with the order.
- 2006, c. 9, s. 99
DIVISION CSpeaker, Parliamentary Secretaries, Clerk and Other Personnel
Marginal note:Speaker leaving the chair
42 Whenever the Speaker of the House of Commons, from illness or other cause, finds it necessary to leave the chair during any part of the sittings of the House on any day, the Speaker may call on the Chairman of Committees or, in the absence of that Chairman, on any member of the House to take the chair and act as Deputy Speaker during the remainder of that day unless the Speaker resumes the chair before the close of the sittings for that day.
- R.S., c. S-13, s. 2
Marginal note:Unavoidable absence
43 (1) Whenever the House of Commons is informed of the unavoidable absence of the Speaker thereof by the Clerk at the table, the Chairman of Committees, if present, shall take the chair and perform the duties and exercise the authority of Speaker in relation to all the proceedings of the House, as Deputy Speaker, until the meeting of the House on the next sitting day and so on from day to day, on the like information given to the House, until the House otherwise orders.
Marginal note:Adjournment of more than 24 hours
(2) Notwithstanding subsection (1), where the House of Commons adjourns for more than twenty-four hours, the Deputy Speaker shall continue to perform the duties and exercise the authority of Speaker for twenty-four hours only after that adjournment.
- R.S., c. S-13, s. 3
Marginal note:Validity of acts
44 (1) If, at any time during a session of Parliament, the Speaker of the House of Commons is temporarily absent from the House and a Deputy Speaker thereupon performs the duties and exercises the authority of Speaker pursuant to section 42 or 43 or to the standing orders or other order or a resolution of the House, every act done and proceeding taken in or by the House, in the exercise of its powers and authority, has the same effect and validity as if the Speaker were in the chair.
(2) Every act done and warrant, order or other document issued, signed or published by a Deputy Speaker referred to in subsection (1) that relates to any proceedings of the House of Commons or that, under any statute, would be done, issued, signed or published by the Speaker, if then able to act, has the same effect and validity as if it had been done, issued, signed or published by the Speaker.
- R.S., c. S-13, ss. 4, 5
45 [Repealed, R.S., 1985, c. 42 (1st Supp.), s. 1]
Marginal note:Maximum number
Marginal note:Tenure of office
(3) A Parliamentary Secretary holds office for a period not exceeding twelve months from the date of the appointment and, on ceasing to be a member of the House of Commons, ceases to hold the office of Parliamentary Secretary.
- R.S., 1985, c. P-1, s. 46
- 2005, c. 16, s. 2
- 2013, c. 33, s. 225
47 The Parliamentary Secretary or Secretaries to a minister shall assist the minister in such manner as the minister directs.
- R.S., c. P-1, s. 3
Clerk and Other Personnel
48 [Repealed, R.S., 1985, c. 1 (4th Supp.), s. 30]
Marginal note:Oath of allegiance
49 (1) The Clerk of the House of Commons shall take and subscribe before the Speaker thereof the oath of allegiance, and all other clerks, officers and messengers of the House shall take and subscribe before the Clerk the oath of allegiance.
(2) The Clerk of the House of Commons shall keep a register of all oaths taken and subscribed under subsection (1).
- R.S., c. H-9, s. 20
Definition of caucus
49.1 In this Division, caucus means a group composed solely of members of the House of Commons who are members of the same recognized party.
- 2015, c. 37, s. 4
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