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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

R.S., c. P-1PARLIAMENT OF CANADA ACT

CONSEQUENTIAL AMENDMENTS

R.S., c. A-1Access to Information Act

Marginal note:1995, c. 12, s. 8

5. Schedule I to the Access to Information Act is amended by striking out the following under the heading “Other Government Institutions”:

  • Ethics Counsellor

    Conseiller en éthique

R.S., c. C-10Canada Post Corporation Act

6. Subsection 35(2) of the Canada Post Corporation Act is amended by striking out the word “or” at the end of paragraph (b), by adding the word “or” at the end of paragraph (c) and by adding the following after paragraph (c):

  • (d) the Ethics Commissioner or Senate Ethics Officer

R.S., c. F-7Federal Court Act

Marginal note:1990, c. 8, s. 1(4)

7. Subsection 2(2) of the Federal Court 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.

R.S., c. F-11Financial Administration Act

Marginal note:R.S., c. 1 (4th Supp.), s. 25

  • 8. (1) Paragraph (c) of the definition “appropriate minister” in section 2 of the Financial Administration Act is replaced by the following:

    • (c) ) with respect to the Senate and the office of the Senate Ethics Officer, the Speaker of the Senate, with respect to the House of Commons, the Board of Internal Economy, with respect to the office of the Ethics Commissioner, the Speaker of the House of Commons, and with respect to the Library of Parliament, the Speakers of the Senate and the House of Commons,

  • (2) Paragraph (c) of the definition “department” in section 2 of the Act is replaced by the following:

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

R.S., c. G-2Garnishment, Attachment and Pension Diversion Act

9. The heading “SENATE, HOUSE OF COMMONS AND LIBRARY OF PARLIAMENT” before section 16 of the Garnishment, Attachment and Pension Diversion Act is replaced by the following:

SENATE, HOUSE OF COMMONS, LIBRARY OF PARLIAMENT, OFFICE OF THE SENATE ETHICS OFFICER AND OFFICE OF THE ETHICS COMMISSIONER

10. The portion of paragraph (b) of the definition “salary” in section 16 of the Act before subparagraph (i) is replaced by the following:

  • (b) ) in the case of the staff of the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner or the staff of members of the Senate or House of Commons, or in the case of any other person paid out of moneys appropriated by Parliament for use by the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner,

11. The portion of section 17 of the Act before paragraph (a) is replaced by the following:

Marginal note:Garnishment of salaries, remuneration

17. The Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer and office of the Ethics Commissioner are, subject to this Division and any regulation made under it, bound by provincial garnishment law in respect of

Marginal note:1997, c. 1, s. 29

12. Sections 18 and 19 of the Act are replaced by the following:

Marginal note:Service binding

  • 18. (1) Subject to this Division, service on the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner of a garnishee summons, together with a copy of the judgment or order against the debtor and an application in the prescribed form, binds 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, fifteen days after the day on which those documents are served.

  • Marginal note:When service is effective

    (2) A garnishee summons served on the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner is of no effect unless it is served on 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, in the first thirty days following the first day on which it could have been validly served on 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.

Marginal note:Place of service

  • 19. (1) Service of documents on the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner in connection with garnishment proceedings permitted by this Division must be effected at the place specified in the regulations.

  • Marginal note:Method of service

    (2) In addition to any method of service permitted by the law of a province, service of documents on the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner under subsection (1) may be effected by registered mail, whether within or outside the province, or by any other method prescribed.

  • Marginal note:Where service by registered mail

    (3) Where service of a document on the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner is effected by registered mail, the document shall be deemed to be served on the day of its receipt by 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.

Marginal note:1997, c. 1, s. 30

13. Paragraphs 21(a) and (b) of the Act are replaced by the following:

  • (a) ) in the case of a salary,

    • (i) the salary to be paid on the last day of the second pay period next following the pay period in which 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, is bound by the garnishee summons, and

    • (ii) where the garnishee summons has continuing effect under the law of the province, the salary to be paid on the last day of each subsequent pay period; or

  • (b) in the case of remuneration described in paragraph 17(b),

    • (i) the remuneration payable on the fifteenth day following the day on which 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, is bound by the garnishee summons, and

    • (ii) either

      • (A) any remuneration becoming payable in the thirty days following the fifteenth day after the day on which 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, is bound by the garnishee summons that is owing on that fifteenth day or that becomes owing in the fourteen days following that fifteenth day, or

      • (B) where the garnishee summons has continuing effect under the law of the province, any remuneration becoming payable subsequent to the fifteenth day after the day on which 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, is bound by the garnishee summons.

Marginal note:1997, c. 1, s. 30

14. The portion of section 22 of the Act before paragraph (b) is replaced by the following:

Marginal note:Time period to respond to a garnishee summons

22. The Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner has the following time period within which to respond to a garnishee summons:

  • (a) in the case of a salary, fifteen days, or such lesser number of days as is prescribed, after the last day of the second pay period next following the pay period in which the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner is bound by the garnishee summons; or

Marginal note:1997, c. 1, s. 31

15. Section 23 of the 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: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.

16. 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;

17. 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

18. 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)

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

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

20. 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

21. Section 10.1 of the Act is repealed.

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

  • 22. (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

23. 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.

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