PART 4Administration and Enforcement (continued)
Mandate and Powers of the Commissioner (continued)
Marginal note:No summons
50 (1) The Commissioner, or any person acting on behalf or under the direction of the Commissioner, is not a competent or compellable witness in respect of any matter coming to his or her knowledge as a result of exercising any powers or performing any duties or functions of the Commissioner under this Act.
(2) No criminal or civil proceedings lie against the Commissioner, or any person acting on behalf or under the direction of the Commissioner, for anything done, reported or said in good faith in the exercise or purported exercise of any power, or the performance or purported performance of any duty or function, of the Commissioner under this Act.
(3) The protection provided under subsections (1) and (2) does not limit any powers, privileges, rights and immunities that the Commissioner may otherwise enjoy under section 86 of the Parliament of Canada Act.
Marginal note:Public registry
(a) public declarations made under section 25;
(b) summary statements made under section 26;
(c) notes of every gift or other advantage forfeited under subsection 11(3);
(c.1) decisions on exemption applications under section 38 and the accompanying reasons;
(d) decisions on waiver or reduction applications under section 39 and the accompanying reasons; and
(e) any other documents that the Commissioner considers appropriate.
Marginal note:Confidences of Queen’s Privy Council
(2) If a public office holder has recused himself or herself in respect of a matter and a public declaration is made in respect of that recusal under subsection 25(1) or section 30,
(a) no publication of the declaration shall be made if the very fact of the recusal could reveal, directly or indirectly, any of the following:
(b) no publication of the declaration shall include any detail that could reveal, directly or indirectly, any of the following:
(iii) information that is subject to solicitor-client privilege,
(iv) information that is subject to any restriction on disclosure created by or under any other Act of Parliament,
(v) information that could reasonably be expected to cause injury to international relations, national defence or national security, or to the detection, prevention or suppression of criminal, subversive or hostile activities,
(vi) information that could reasonably be expected to cause injury to the privacy interests of an individual, or
(vii) information that could reasonably be expected to cause injury to commercial interests.
Administrative Monetary Penalties
52 Every public office holder who contravenes one of the following provisions commits a violation and is liable to an administrative monetary penalty not exceeding $500:
(a) subsections 22(1), (2) and (5);
(b) section 23;
(c) subsections 24(1) and (2);
(d) subsections 25(1) to (6);
(e) subsections 26(1) and (2); and
(f) subsection 27(7).
Marginal note:Notice of violation
53 (1) If the Commissioner believes on reasonable grounds that a public office holder has committed a violation, the Commissioner may issue, and shall cause to be served on the public office holder, a notice of violation.
Marginal note:Contents of notice
(2) A notice of violation must
(a) set out the name of the public office holder believed to have committed a violation;
(b) identify the violation;
(c) set out the penalty that the Commissioner proposes to impose;
(d) inform the public office holder that he or she may, within 30 days after the notice is served or within any longer period specified by the Commissioner, pay the penalty set out in the notice or make representations to the Commissioner with respect to the alleged violation or proposed penalty and set out the manner for doing so; and
(e) inform the public office holder that, if he or she does not pay the penalty or make representations in accordance with the notice, he or she will be considered to have committed the violation and the Commissioner may impose a penalty in respect of it.
Marginal note:Criteria for penalty
(3) The amount of a proposed penalty is, in each case, to be determined taking into account the following matters:
54 The Governor in Council may make regulations respecting the service of documents required or authorized to be served under sections 53 to 57, including the manner and proof of service and the circumstances under which documents are deemed to be served.
Marginal note:Payment of penalty
55 If the public office holder pays the penalty proposed in the notice of violation, he or she is considered to have committed the violation and proceedings in respect of it are ended.
Marginal note:Representations to Commissioner
56 (1) If the public office holder makes representations to the Commissioner in accordance with the notice of violation, the Commissioner shall decide, on a balance of probabilities, whether the public office holder committed the violation and, if so, may impose the penalty proposed, a lesser penalty or no penalty.
Marginal note:Notice of decision
(2) The Commissioner shall cause notice of any decision made under subsection (1) to be served on the public office holder.
Marginal note:Failure to act
57 A public office holder who neither pays the penalty nor makes representations in accordance with the notice of violation is deemed to have committed the violation. The Commissioner shall impose the penalty proposed and notify the public office holder of the penalty imposed.
Marginal note:Due diligence available
Marginal note:Common law principles
(2) Every rule and principle of the common law that renders any circumstance a justification or excuse in relation to a charge for an offence applies in respect of a violation to the extent that it is not inconsistent with this Act.
59 In any proceeding, a notice appearing to have been issued under subsection 53(1) or 56(2) is admissible in evidence without proof of the signature or official character of the person appearing to have signed it.
60 (1) Proceedings in respect of a violation may be commenced 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.
Marginal note:Certificate of Commissioner
(2) A document appearing to have been issued by the Commissioner, certifying the day on which the subject-matter of any proceedings became known to the Commissioner, is admissible in evidence without proof of the signature or official character of the person appearing to have signed the document and is, in the absence of evidence to the contrary, proof of the matter asserted in it.
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