Bill C-34

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	RECOMMENDATION
	Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled ``An Act to amend the Parliament of Canada Act (Ethics Commissioner and Senate Ethics Officer) and other Acts in consequence''.
	SUMMARY
	This enactment amends the Parliament of Canada Act to provide for the appointment of a Senate Ethics Officer. It also requires the Senate Ethics Officer to perform the duties and functions assigned by the Senate regarding the conduct of its members.
	The Bill also amends the Act to provide for the appointment of an Ethics Commissioner. It also provides for the Ethics Commissioner to perform the duties and functions assigned by the House of Commons regarding the conduct of its members and to administer any ethical principles, rules or obligations established by the Prime Minister for public office holders.
	This enactment also amends or repeals some sections of the Act and makes consequential amendments to other Acts of Parliament.
	EXPLANATORY NOTES
	Parliament of Canada Act
	Clause 1: Sections 14 and 15 read as follows:
	14. (1) No person who is a member of the Senate shall, directly or indirectly, knowingly and wilfully be a party to or be concerned in any contract under which the public money of Canada is to be paid.
	(2) Any person who contravenes subsection (1) shall forfeit the sum of two hundred dollars for each day during which the contravention continues.
	(3) A sum forfeited by any person under subsection (2) is recoverable from that person by any person who sues for it in any court of competent jurisdiction in Canada.
	(4) This section does not render any person liable to forfeiture by reason only that the person
	(a) is a shareholder in any corporation having a contract or agreement with the Government of Canada, except any company that undertakes a contract for the building of any public work;
	(b) is, or has been, a contractor for the loan of money or of securities for the payment of money to the Government of Canada under the authority of Parliament, after public competition; or
	(c) is, or has been, a contractor in respect of the purchase or payment of the public stock or debentures of Canada, on terms common to all persons.
	15. Proceedings for the recovery of any forfeiture imposed by section 14 may be instituted at any time within but not later than one year after the time when the forfeiture was incurred.
	Clause 2: New.
	Clause 3: Sections 34 to 40 read as follows:
	34. Where a person, directly or indirectly, alone or with any other, personally or by the interposition of any trustee or third party, holds, enjoys, undertakes or executes any contract or agreement, expressed or implied, with or for the Government of Canada on behalf of the Crown, or with or for any of the officers of the Government of Canada, for which any public money of Canada is to be paid, the person is not eligible to be a member of the House of Commons and shall not sit or vote therein.
	35. If any member of the House of Commons
	(a) accepts any office or commission, or is concerned or interested in any contract, agreement, service or work, that, by virtue of this Division, renders a person incapable of being elected to, or of sitting or voting in, the House of Commons, or
	(b) knowingly sells to the Government of Canada any goods, wares or merchandise, or knowingly performs for the Government of Canada or for any of the officers of that Government any service, for which any public money of Canada is paid or to be paid,
	whether the contract, agreement or sale is expressed or implied and whether the transaction is single or continuous, the seat of the member is thereby vacated and the member's election is thenceforth void.
	36. (1) Any person who, by this Division, is declared ineligible to be a member of the House of Commons or is disqualified from sitting or voting therein or, having been duly elected, is disqualified pursuant to section 35 from continuing to be such a member or continuing to so sit or vote, and who nevertheless sits or votes in the House of Commons or continues to do so, shall forfeit the sum of two hundred dollars for each day on which the person so sits or votes.
	(2) A sum forfeited by any person under subsection (1) is recoverable from that person by any person who sues for it in any court of competent civil jurisdiction in Canada.
	37. Sections 34 to 36 extend to any transaction or act begun and concluded during a recess of Parliament.
	38. (1) In every contract, agreement or commission to be made, entered into or accepted by any person with the Government of Canada or any of the departments or officers of that Government, for which any public money of Canada is to be paid, there shall be inserted an express condition that no member of the House of Commons shall be admitted to any share or part of the contract, agreement or commission or to any benefit to arise therefrom.
	(2) Where any person who has entered into or accepted, or enters into or accepts, any contract, agreement or commission described in subsection (1) admits any of the members of the House of Commons to any part or share of the contract, agreement or commission or to receive any benefit thereby, that person shall, for each such admission, forfeit and pay the sum of two thousand dollars, recoverable with costs in any court of competent civil jurisdiction by any person who sues for it.
	39. Proceedings for the recovery of any forfeiture imposed by section 36 or 38 may be instituted at any time within but not later than one year after the time when the forfeiture was incurred.
	40. (1) This Division does not extend to render ineligible to be a member of the House of Commons, or disqualify from sitting or voting therein, any person by reason only that the person is
	(a) a shareholder in any corporation having a contract or agreement with the Government of Canada, except any company that undertakes a contract for the building of any public work;
	(b) a person on whom the completion of any contract or agreement, expressed or implied, devolves by descent, limitation, marriage, common-law partnership or by virtue of a marriage contract, or a pre-nuptial or co-habitation agreement, or as devisee, legatee, executor or administrator, where less than twelve months have elapsed after the devolution;
	(c) a contractor for the loan of money or of securities for the payment of money to the Government of Canada under the authority of Parliament, after public competition; or
	(d) a contractor in respect of the purchase or payment of the public stock or debentures of Canada, on terms common to all persons.
	(2) For the purposes of this section, persons are in a common-law partnership if they cohabit together in a conjugal relationship, having so cohabited for a period of at least one year.
	Clause 4: New.
	Canada Post Corporation Act
	Clause 6: New. The relevant portion of subsection 35(2) reads as follows:
	(2) Subject to subsection (3), mail to or from
	. . .
	is free of postage.
	Federal Court Act
	Clause 7: Subsection 2(2) reads as follows:
	(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 or any committee or member of either House.
	Financial Administration Act
	Clause 8: (1) The relevant portion of the definition ``appropriate minister'' in section 2 reads as follows:
	``appropriate Minister'' means,
	. . .
	(c) with respect to the Senate, the Speaker, with respect to the House of Commons, the Board of Internal Economy, and with respect to the Library of Parliament, the Speakers of the Senate and the House of Commons,
	(2) The relevant portion of the definition ``department'' in section 2 reads as follows:
	``department'' means
	. . .
	(c) the staffs of the Senate, the House of Commons and the Library of Parliament, and
	Garnishment, Attachment and Pension Diversion Act
	Clause 10: The relevant portion of the definition ``salary'' in section 16 reads as follows:
	``salary'' means
	. . .
	(b) in the case of the staff of the Senate, House of Commons or Library of Parliament 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 or Library of Parliament,
	(i) the basic pay payable to a person for the performance of the regular duties of a position or office, and
	(ii) any amount payable as allowances, special remuneration, payment for overtime or other compensation or as a gratuity,
	excluding any amount deemed to be or to have been excluded from that person's salary pursuant to regulations made under paragraph 24(b).
	Clause 11: The relevant portion of section 17 reads as follows:
	17. The Senate, House of Commons and Library of Parliament are, subject to this Division and any regulation made thereunder, bound by provincial garnishment law in respect of
	Clause 12: Sections 18 and 19 read as follows:
	18. (1) Subject to this Division, service on the Senate, House of Commons or Library of Parliament 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 or Library of Parliament, as the case may be, fifteen days after the day on which those documents are served.
	(2) A garnishee summons served on the Senate, House of Commons or Library of Parliament is of no effect unless it is served on the Senate, House of Commons or Library of Parliament, 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 or Library of Parliament, as the case may be.
	19. (1) Service of documents on the Senate, House of Commons or Library of Parliament in connection with garnishment proceedings permitted by this Division must be effected at the place specified in the regulations.
	(2) In addition to any method of service permitted by the law of a province, service of documents on the Senate, House of Commons or Library of Parliament under subsection (1) may be effected by registered mail, whether within or outside the province, or by any other method prescribed.
	(3) Where service of a document on the Senate, House of Commons or Library of Parliament 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 or Library of Parliament, as the case may be.
	Clause 13: Section 21 reads as follows:
	21. For the purposes of garnishment proceedings permitted by this Division, service of a garnishee summons is binding in respect of the following money to be paid to the debtor named in the garnishee summons:
	(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 or Library of Parliament, 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 or Library of Parliament, 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 or Library of Parliament, 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 or Library of Parliament, as the case may be, is bound by the garnishee summons.
	Clause 14: The relevant portion of section 22 reads as follows:
	22. The Senate, House of Commons or Library of Parliament 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 or Library of Parliament is bound by the garnishee summons; or
	Clause 15: Section 23 reads as follows:
	23. (1) In addition to any method of responding to a garnishee summons permitted by provincial garnishment law, the Senate, House of Commons or Library of Parliament may respond to a garnishee summons by registered mail or by any other method prescribed.
	(2) Where the Senate, House of Commons or Library of Parliament 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 or Library of Parliament, as the case may be, has responded to the garnishee summons.
	(3) A payment into court by the Senate, House of Commons or Library of Parliament under this section is a good and sufficient discharge of liability, to the extent of the payment.
	(4) Where, in honouring a garnishee summons, the Senate, House of Commons or Library of Parliament, 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 or Library of Parliament, 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.
	Clause 16: The relevant portion of section 24 reads as follows:
	24. The Governor in Council may, on the recommendation of the Minister, made after consultation between the Minister and the Speaker of the Senate and the Speaker of the House of Commons, make regulations
	(a) specifying the place where service of documents on the Senate, House of Commons or Library of Parliament must be effected in connection with garnishment proceedings permitted by this Division;
	Clause 17: Section 26 reads as follows:
	26. No execution shall issue on a judgment given against the Senate, House of Commons or Library of Parliament in garnishment proceedings permitted by this Part.
	Government Employees Compensation Act
	Clause 18: The relevant portion of the definition ``employee'' in section 2 reads as follows:
	``employee'' means
	. . .
	(e) any officer or employee of the Senate, the House of Commons or the Library of Parliament;
	Lobbyists Registration Act
	Clause 19: The definition ``Ethics Counsellor'' in subsection 2(1) reads as follows:
	``Ethics Counsellor'' means the Ethics Counsellor designated pursuant to section 10.1;
	Clause 20: Subsection 10(1) reads as follows:
	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 10.1 to 10.6.
	Clause 21: Section 10.1 reads as follows:
	10.1 The Governor in Council may designate any person as the Ethics Counsellor for the purposes of this Act.
	Clause 22: (1) and (2) Subsections 10.2(1) and (2) read as follows:
	10.2 (1) The Ethics Counsellor shall develop a Lobbyists' Code of Conduct respecting the activities described in subsections 5(1), 6(1) and 7(1).
	(2) In developing the Code, the Ethics Counsellor shall consult persons and organizations that he or she considers are interested in the Code.
	Clause 23: Sections 10.4 to 10.6 read as follows:
	10.4 (1) Where the Ethics Counsellor believes on reasonable grounds that a person has breached the Code, the Ethics Counsellor shall investigate to determine whether a breach has occurred.
	(2) For the purpose of conducting the investigation, the Ethics Counsellor 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 Ethics Counsellor and compel them to give oral or written evidence on oath, and
	(ii) compel persons to produce any documents or other things that the Ethics Counsellor 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.
	(3) The investigation shall be conducted in private.
	(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 Ethics Counsellor.
	(5) Before finding that a person has breached the Code, the Ethics Counsellor shall give the person a reasonable opportunity to present their views to the Ethics Counsellor.
	(6) The Ethics Counsellor, and every person acting on behalf of or under the direction of the Ethics Counsellor, shall 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 Ethics Counsellor, 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 Ethics Counsellor.
	10.5 (1) After conducting an investigation, the Ethics Counsellor shall prepare a report of the investigation, including the findings, conclusions and reasons for the Ethics Counsellor'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.
	(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 Ethics Counsellor considers publication of the details to be in the public interest.
	10.6 The Ethics Counsellor 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 Ethics Counsellor 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.
	Clause 24: Subsection 11(1) reads as follows:
	11. (1) The registrar shall, within three months after the end of each fiscal year, prepare a report with regard to the administration of this Act, other than sections 10.1 to 10.6, during that fiscal year and submit the report to the Registrar General of Canada.
	Non-smokers' Health Act
	Clause 25: The relevant portion of the definition ``employer'' in subsection 2(1) reads as follows:
	``employer'' means a person who employs one or more persons in employment described in subsection 123(1) of the Canada Labour Code, or
	. . .
	(c) the Senate, House of Commons or Library of Parliament, in relation to employees thereof or employees of a committee of the Senate or House of Commons, as the case may be, or
	Official Languages Act
	Clause 26: New. The relevant portion of the definition ``federal institution'' in subsection 3(1) reads as follows:
	``federal institution'' includes any of the following institutions of the Parliament or government of Canada:
	. . .
	but does not include
	(i) any institution of the Council or government of the Northwest Territories or the Yukon Territory or of the Legislative Assembly or government of Nunavut, or
	(j) any Indian band, band council or other body established to perform a governmental function in relation to an Indian band or other group of aboriginal people;
	Clause 27: Section 33 reads as follows:
	33. The Governor in Council may make such regulations as the Governor in Council deems necessary to foster actively communications with and services from offices or facilities of federal institutions, other than the Senate, the House of Commons or the Library of Parliament, in both official languages, where those communications and services are required under this Part to be provided in both official languages.
	Clause 28: (1) The relevant portion of subsection 38(1) reads as follows:
	38. (1) The Governor in Council may make regulations in respect of federal institutions, other than the Senate, the House of Commons or the Library of Parliament,
	(2) The relevant portion of subsection 38(2) reads as follows:
	(2) The Governor in Council may make regulations
	. . .
	(b) substituting, with respect to any federal institution other than the Senate, the House of Commons or the Library of Parliament, a duty in relation to the use of the official languages of Canada in place of a duty under section 36 or the regulations made under subsection (1), having regard to the equality of status of both official languages, where there is a demonstrable conflict between the duty under section 36 or the regulations and the mandate of the institution.
	Clause 29: Subsection 46(1) reads as follows:
	46. (1) The Treasury Board has responsibility for the general direction and coordination of the policies and programs of the Government of Canada relating to the implementation of Parts IV, V and VI in all federal institutions other than the Senate, the House of Commons and the Library of Parliament.
	Clause 30: The relevant portion of section 93 reads as follows:
	93. The Governor in Council may make regulations
	(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, the House of Commons or the Library of Parliament; and
	Parliamentary Employment and Staff Relations Act
	Clause 31: The long title reads as follows:
	An Act respecting employment and employer and employee relations in the Senate, the House of Commons and the Library of Parliament
	Clause 32: The relevant portion of section 2 reads as follows:
	2. Subject to this Act, this Act applies to and in respect of every person employed by, and applies to and in respect of,
	(a) the Senate, the House of Commons or the Library of Parliament, and
	. . .
	and, except as provided in this Act, nothing in any other Act of Parliament that provides for matters similar to those provided for under this Act and nothing done thereunder, whether before or after the coming into force of this section, shall apply to or in respect of or have any force or effect in relation to the institutions and persons described in this section.
	Clause 33: New. The relevant portion of the definition ``employer'' in section 3 reads as follows:
	``employer'' means
	Clause 34: New. The relevant portion of section 85 reads as follows:
	85. In this Part, ``employer'' means

	Public Service Superannuation Act
	Clause 36: The definition ``Public Service'' in subsection 3(1) reads as follows:
	``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 and House of Commons, the Library of Parliament and any board, commission, corporation or portion of the public service of Canada specified in Schedule I;
	Radiocommunication Act
	Clause 37: (1) Subsection 3(1) reads as follows:
	3. (1) Subject to subsection (2), this Act is binding on Her Majesty in right of Canada, on the Senate, the House of Commons and the Library of Parliament and on Her Majesty in right of a province.
	(2) The relevant portion of subsection 3(2) reads as follows:
	(2) The Governor in Council may by order exempt Her Majesty in right of Canada, or the Senate, House of Commons or Library of Parliament, 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