R.S., c. G-5
Government Employees Compensation Act2004, c. 7, s. 18
18. Paragraph (e) of the definition “employee” in section 2 of the Government Employees Compensation Act is replaced by the following:Government Employees Compensation ActClause 18: Relevant portion of the the definition:“employee” means... (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;(e) any officer or employee of the Senate, House of Commons, Library of Parliament or office of the Conflict of Interest and Ethics Commissioner;R.S., c. 15 (4th Supp.)
Non-smokers’ Health Act2004, c. 7, s. 25
19. Paragraph (c) of the definition “employer” in subsection 2(1) of the Non-smokers’ Health Act is replaced by the following:Non-smokers’ Health ActClause 19: Relevant portion of the definition:“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, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner, in relation to employees thereof or employees of a committee of the Senate or House of Commons, as the case may be, or(c) the Senate, House of Commons, Library of Parliament or office of the Conflict of Interest and Ethics Commissioner, in relation to employees thereof or employees of a committee of the Senate or House of Commons, as the case may be, orR.S., c. 31 (4th Supp.)
Official Languages Act2004, c. 7, s. 26
20. Paragraph (c.1) of the definition “federal institution” in subsection 3(1) of the Official Languages Act is replaced by the following:Official Languages ActClause 20: Relevant portion of the definition:“federal institution” includes any of the following institutions of the Parliament or government of Canada: ... (c.1) the office of the Senate Ethics Officer and the office of the Ethics Commissioner,(c.1) the office of the Conflict of Interest and Ethics Commissioner,2004, c. 7, s. 27
21. Section 33 of the Act is replaced by the following:Clause 21: Existing text of section 33:33. The Governor in Council may make any regulations that the Governor in Council deems necessary to foster actively communications with and services from offices or facilities of federal institutions — other than the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner — in both official languages, where those communications and services are required under this Part to be provided in both official languages.Regulations
33. The Governor in Council may make any regulations that the Governor in Council deems necessary to foster actively communications with and services from offices or facilities of federal institutions — other than the Senate, House of Commons, Library of Parliament or office of the Conflict of Interest and Ethics Commissioner — in both official languages, if those communications and services are required under this Part to be provided in both official languages.2004, c. 7, s. 28(1)
22. (1) The portion of subsection 38(1) of the Act before paragraph (a) is replaced by the following:Clause 22: (1) Relevant portion of subsection 38(1):38. (1) The Governor in Council may make regulations in respect of federal institutions, other than the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner,Regulations
38. (1) The Governor in Council may make regulations in respect of federal institutions, other than the Senate, House of Commons, Library of Parliament or office of the Conflict of Interest and Ethics Commissioner,2004, c. 7, s. 28(2)(E)
(2) Paragraph 38(2)(b) of the Act is replaced by the following:(2) Relevant portion of subsection 38(2):(2) The Governor in Council may make regulations... (b) substituting, with respect to any federal institution other than the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner, 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.(b) substituting, with respect to any federal institution other than the Senate, House of Commons, Library of Parliament or office of the Conflict of Interest and Ethics Commissioner, 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, if there is a demonstrable conflict between the duty under section 36 or the regulations and the mandate of the institution.2005, c. 41, s. 1
23. Subsection 41(3) of the Act is replaced by the following:Clause 23: Existing text of subsection 41(3):(3) The Governor in Council may make regulations in respect of federal institutions, other than the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner, prescribing the manner in which any duties of those institutions under this Part are to be carried out.Regulations
(3) The Governor in Council may make regulations in respect of federal institutions, other than the Senate, House of Commons, Library of Parliament or office of the Conflict of Interest and Ethics Commissioner, prescribing the manner in which any duties of those institutions under this Part are to be carried out.2004, c. 7, s. 29
24. Subsection 46(1) of the Act is replaced by the following:Clause 24: Existing text of subsection 46(1):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, House of Commons, Library of Parliament, office of the Senate Ethics Officer and office of the Ethics Commissioner.Responsibilities of Treasury Board
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, House of Commons, Library of Parliament and office of the Conflict of Interest and Ethics Commissioner.2004, c. 7, s. 30
25. Section 93 of the Act is replaced by the following:Clause 25: Existing text of section 93:93. 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, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner; and(b) prescribing anything that is by this Act to be prescribed by regulation of the Governor in Council.Regulations
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, House of Commons, Library of Parliament or office of the Conflict of Interest and Ethics Commissioner; and(b) prescribing anything that is by this Act to be prescribed by regulation of the Governor in Council.R.S., c. P-1
Parliament of Canada Act2004, c. 7, s. 2
26. The heading before section 20.1 and sections 20.1 to 20.7 of the Parliament of Canada Act are repealed.Parliament of Canada ActClause 26: Existing text of the heading and sections 20.1 to 20.7:Senate Ethics Officer20.1 The Governor in Council shall, by commission under the Great Seal, appoint a Senate Ethics Officer after consultation with the leader of every recognized party in the Senate and after approval of the appointment by resolution of the Senate.20.2 (1) The Senate Ethics Officer holds office during good behaviour for a term of seven years and may be removed for cause by the Governor in Council on address of the Senate. He or she may be reappointed for one or more terms of up to seven years each.(2) In the event of the absence or incapacity of the Senate Ethics Officer, or if that office is vacant, the Governor in Council may appoint a qualified person to hold that office in the interim for a term of up to six months.20.3 (1) The Senate Ethics Officer shall be paid the remuneration set by the Governor in Council.(2) The Senate Ethics Officer is entitled to be paid reasonable travel and living expenses incurred in the performance of his or her duties or functions while absent from his or her ordinary place of residence, in the case of a part-time appointment, and ordinary place of work, in the case of a full-time appointment.(3) In the case of a part-time appointment, the Senate Ethics Officer may not accept or hold any office or employment — or carry on any activity — inconsistent with his or her duties and functions under this Act.(4) In the case of a full-time appointment, the Senate Ethics Officer shall engage exclusively in the duties and functions of the Senate Ethics Officer and may not hold any other office under Her Majesty or engage in any other employment for reward.20.4 (1) The Senate Ethics Officer has the rank of a deputy head of a department of the Government of Canada and has the control and management of the office of the Senate Ethics Officer.(2) The Senate Ethics Officer may, in carrying out the work of the office of the Senate Ethics Officer, enter into contracts, memoranda of understanding or other arrangements.(3) The Senate Ethics Officer may employ any officers and employees and may engage the services of any agents, advisers and consultants that the Senate Ethics Officer considers necessary for the proper conduct of the work of the office of the Senate Ethics Officer.(4) The Senate Ethics Officer may, subject to the conditions he or she sets, authorize any person to exercise any powers under subsection (2) or (3) on behalf of the Senate Ethics Officer that he or she may determine.(5) The salaries of the officers and employees of the office of the Senate Ethics Officer shall be fixed according to the scale provided by law.(6) The salaries of the officers and employees of the office of the Senate Ethics Officer, and any casual expenses connected with the office, shall be paid out of moneys provided by Parliament for that purpose.(7) Prior to each fiscal year, the Senate Ethics Officer shall cause to be prepared an estimate of the sums that will be required to pay the charges and expenses of the office of the Senate Ethics Officer during the fiscal year.(8) The estimate referred to in subsection (7) shall be considered by the Speaker of the Senate and then transmitted to the President of the Treasury Board, who shall lay it before the House of Commons with the estimates of the government for the fiscal year.20.5 (1) The Senate Ethics Officer shall perform the duties and functions assigned by the Senate for governing the conduct of members of the Senate when carrying out the duties and functions of their office as members of the Senate.(2) The duties and functions of the Senate Ethics Officer are carried out within the institution of the Senate. The Senate Ethics Officer enjoys the privileges and immunities of the Senate and its members when carrying out those duties and functions.(3) The Senate Ethics Officer shall carry out those duties and functions under the general direction of any committee of the Senate that may be designated or established by the Senate for that purpose.(4) For greater certainty, the administration of any ethical principles, rules or obligations established by the Prime Minister for public office holders within the meaning of section 72.06 and applicable to ministers of the Crown, ministers of state or parliamentary secretaries is not part of the duties and functions of the Senate Ethics Officer or the committee.(5) For greater certainty, this section shall not be interpreted as limiting in any way the powers, privileges, rights and immunities of the Senate or its members.20.6 (1) The Senate Ethics Officer, or any person acting on behalf or under the direction of the Senate Ethics Officer, 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 Senate Ethics Officer under this Act.(2) No criminal or civil proceedings lie against the Senate Ethics Officer, or any person acting on behalf or under the direction of the Senate Ethics Officer, 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 Senate Ethics Officer under this Act.(3) The protection provided under subsections (1) and (2) does not limit any powers, privileges, rights and immunities that the Senate Ethics Officer may otherwise enjoy.20.7 (1) The Senate Ethics Officer shall, within three months after the end of each fiscal year, submit a report on his or her activities under section 20.5 for that year to the Speaker of the Senate, who shall table the report in the Senate.(2) The Senate Ethics Officer may not include in the annual report any information that he or she is required to keep confidential.2004, c. 7, s. 4
27. The heading before section 72.01 and sections 72.01 to 72.13 of the Act are repealed.Clause 27: Existing text of the heading and sections 72.01 to 72.13:Ethics Commissioner72.01 The Governor in Council shall, by commission under the Great Seal, appoint an Ethics Commissioner after consultation with the leader of every recognized party in the House of Commons and after approval of the appointment by resolution of that House.72.02 (1) The Ethics Commissioner holds office during good behaviour for a term of five years and may be removed for cause by the Governor in Council on address of the House of Commons. He or she may be reappointed for one or more terms of up to five years each.(2) In the event of the absence or incapacity of the Ethics Commissioner, or if that office is vacant, the Governor in Council may appoint a qualified person to hold that office in the interim for a term of up to six months.72.03 (1) The Ethics Commissioner shall be paid the remuneration set by the Governor in Council.(2) The Ethics Commissioner is entitled to be paid reasonable travel and living expenses incurred in the performance of his or her duties or functions while absent from his or her ordinary place of work.(3) The Ethics Commissioner shall engage exclusively in the duties and functions of the Ethics Commissioner and may not hold any other office under Her Majesty or engage in any other employment for reward.72.04 (1) The Ethics Commissioner has the rank of a deputy head of a department of the Government of Canada and has the control and management of the office of the Ethics Commissioner.(2) The Ethics Commissioner may, in carrying out the work of the office of the Ethics Commissioner, enter into contracts, memoranda of understanding or other arrangements.(3) The Ethics Commissioner may employ any officers and employees and may engage the services of any agents, advisers and consultants that the Ethics Commissioner considers necessary for the proper conduct of the work of the office of the Ethics Commissioner.(4) The Ethics Commissioner may, subject to the conditions he or she sets, authorize any person to exercise any powers under subsection (2) or (3) on behalf of the Ethics Commissioner that he or she may determine.(5) The salaries of the officers and employees of the office of the Ethics Commissioner shall be fixed according to the scale provided by law.(6) The salaries of the officers and employees of the office of the Ethics Commissioner, and any casual expenses connected with the office, shall be paid out of moneys provided by Parliament for that purpose.(7) Prior to each fiscal year, the Ethics Commissioner shall cause to be prepared an estimate of the sums that will be required to pay the charges and expenses of the office of the Ethics Commissioner during the fiscal year.(8) The estimate referred to in subsection (7) shall be considered by the Speaker of the House of Commons and then transmitted to the President of the Treasury Board, who shall lay it before the House of Commons with the estimates of the government for the fiscal year. 72.05 (1) The Ethics Commissioner shall perform the duties and functions assigned by the House of Commons for governing the conduct of its members when carrying out the duties and functions of their office as members of that House.(2) The duties and functions of the Ethics Commissioner are carried out within the institution of the House of Commons. The Ethics Commissioner enjoys the privileges and immunities of the House of Commons and its members when carrying out those duties and functions.(3) The Ethics Commissioner shall carry out those duties and functions under the general direction of any committee of the House of Commons that may be designated or established by that House for that purpose.(4) For greater certainty, the administration of any ethical principles, rules or obligations established by the Prime Minister for public office holders, and applicable to ministers of the Crown, ministers of state or parliamentary secretaries, is not within the jurisdiction of the Ethics Commissioner under subsection (1) or the committee.(5) For greater certainty, this section shall not be interpreted as limiting in any way the powers, privileges, rights and immunities of the House of Commons or its members. 72.06 For the purposes of sections 20.5, 72.05 and 72.07 to 72.09, “public office holder” means(a) a minister of the Crown, a minister of state or a parliamentary secretary;(b) a person, other than a public servant, who works on behalf of a minister of the Crown or a minister of state;(c) a Governor in Council appointee, other than the following persons, namely,(i) a lieutenant governor,(ii) officers and staff of the Senate, House of Commons and Library of Parliament,(iii) a person appointed or employed under the Public Service Employment Act who is a head of mission within the meaning of subsection 13(1) of the Department of Foreign Affairs and International Trade Act,(iv) a judge who receives a salary under the Judges Act,(v) a military judge within the meaning of subsection 2(1) of the National Defence Act, and(vi) an officer of the Royal Canadian Mounted Police, not including the Commissioner; and(d) a full-time ministerial appointee designated by the appropriate minister of the Crown as a public office holder.72.061 The Prime Minister shall establish ethical principles, rules and obligations for public office holders.72.062 The ethical principles, rules and obligations for public office holders shall be laid before each House of Parliament within 30 sitting days after the Prime Minister assumes office, and any subsequent changes to those ethical principles, rules and obligations shall be laid before that House within 15 sitting days after they are established.72.07 The mandate of the Ethics Commissioner in relation to public office holders is(a) to administer any ethical principles, rules or obligations established by the Prime Minister for public office holders;(b) to provide confidential advice to the Prime Minister with respect to those ethical principles, rules or obligations and ethical issues in general; and(c) to provide confidential advice to a public office holder with respect to the application to him or her of those ethical principles, rules or obligations.72.08 (1) A member of the Senate or House of Commons who has reasonable grounds to believe that a minister of the Crown, a minister of state or a parliamentary secretary has not observed the ethical principles, rules or obligations established by the Prime Minister for public holders office may, in writing, request that the Ethics Commissioner examine the matter.(2) The request shall identify the alleged non-observance of the ethical principles, rules or obligations established by the Prime Minister for public office holders and set out the reasonable grounds for the belief that they have not been observed.(3) The Ethics Commissioner shall examine the matter described in a request and, having regard to all the circumstances of the case, may discontinue the examination.(4) The Ethics Commissioner shall, even if he or she discontinues the examination of a request, provide the Prime Minister with a report setting out the facts in question as well as the Ethics Commissioner’s analysis and conclusions in relation to the request.(5) The Ethics Commissioner shall, at the same time that the report is provided under subsection (4), provide a copy to the member who made the request — and the minister or parliamentary secretary who is the subject of the request — and make the report available to the public.(6) The Ethics Commissioner may not include in the report any information that he or she is required to keep confidential.72.09 Before providing confidential advice under paragraph 72.07(b) or a report under subsection 72.08(4), the Ethics Commissioner shall provide the public office holder concerned with a reasonable opportunity to present his or her views.72.1 (1) For the purposes of paragraph 72.07(b) and section 72.08, the Ethics Commissioner has the power to summon witnesses and require them(a) to give evidence — orally or in writing — on oath or, if they are persons entitled to affirm in civil matters, on solemn affirmation; and(b) to produce any documents and things that the Ethics Commissioner considers necessary.(2) The Ethics Commissioner has the same power to enforce the attendance of witnesses and to compel them to give evidence as a court of record in civil cases.(3) The powers referred to in subsections (1) and (2) shall be exercised in private.(4) Information given by a person under this section is inadmissible against the person in a court or in any proceeding, other than in a prosecution of the person for an offence under section 131 of the Criminal Code (perjury) in respect of a statement made to the Ethics Commissioner.(5) The Ethics Commissioner, and every person acting on behalf or under the direction of the Ethics Commissioner, 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 Ethics Commissioner, essential for the purposes of this section; or(b) the information is disclosed 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 Commissioner.72.11 (1) The Ethics Commissioner shall immediately suspend an examination referred to in section 72.08 if(a) the Ethics Commissioner believes on reasonable grounds that the minister or parliamentary secretary has committed an offence under an Act of Parliament in respect of the same subject matter, in which case the Ethics Commissioner shall notify the relevant authorities; or(b) it is discovered that the subject matter of the examination is also the subject matter of an investigation to determine whether an offence referred to in paragraph (a) has been committed or that a charge has been laid in respect of that subject matter.(2) The Ethics Commissioner may not continue an examination until any investigation or charge in respect of the same subject matter has been finally disposed of.General72.12 (1) The Ethics Commissioner, or any person acting on behalf or under the direction of the Ethics 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 Ethics Commissioner under this Act.(2) No criminal or civil proceedings lie against the Ethics Commissioner, or any person acting on behalf or under the direction of the Ethics 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 Ethics Commissioner under this Act.(3) The protection provided under subsections (1) and (2) does not limit any powers, privileges, rights and immunities that the Ethics Commissioner may otherwise enjoy.72.13 (1) Within three months after the end of each fiscal year, the Ethics Commissioner(a) shall submit a report on his or her activities under section 72.05 for that year to the Speaker of the House of Commons, who shall table the report in that House; and(b) shall submit a report on his or her activities under sections 72.07 and 72.08 for that year to the Speaker of the Senate and the Speaker of the House of Commons, who shall each table the report in the House over which he or she presides.(2) The Ethics Commissioner may not include in the annual reports any information that he or she is required to keep confidential.28. The Act is amended by adding the following after section 80:Article 28: New.Conflict of Interest and Ethics CommissionerAppointment
81. (1) The Governor in Council shall, by commission under the Great Seal, appoint a Conflict of Interest and Ethics Commissioner after consultation with the leader of every recognized party in the Senate and House of Commons and approval of the appointment by resolution of the Senate and House of Commons.Qualifications
(2) In order to be appointed under subsection (1), a person must be(a) a former judge of a superior court in Canada or of any other court whose members are appointed under an Act of the legislature of a province; or(b) a former member of a federal or provincial board, commission or tribunal who, in the opinion of the Governor in Council, has demonstrated expertise in one or more of the following:(i) conflicts of interest,(ii) financial arrangements,(iii) professional regulation and discipline, or(iv) ethics.Secret ballot
(3) A resolution of the Senate or House of Commons under subsection (1) is to be based on a secret ballot of its members conducted in accordance with any rule or standing order of that House.Reappointment
(4) The Commissioner is eligible to be reappointed for one or more terms of up to seven years each.Tenure
82. (1) The Commissioner holds office during good behaviour for a term of seven years but may be removed for cause by the Governor in Council on address of the Senate and House of Commons.Interim appointment
(2) In the event of the absence or incapacity of the Commissioner, or if that office is vacant, the Governor in Council may appoint any qualified person to hold that office in the interim for a term not exceeding six months, and that person shall, while holding office, be paid the salary or other remuneration and expenses that may be fixed by the Governor in Council.Remuneration
83. (1) The Commissioner shall be paid the remuneration and expenses set by the Governor in Council.Carrying out functions
(2) The Commissioner shall engage exclusively in the duties and functions of the Commissioner and may not hold any office under Her Majesty or engage in any other employment for reward.Deputy head
84. (1) The Commissioner has the rank of a deputy head of a department of the Government of Canada and has the control and management of the office of the Commissioner.Powers to contract
(2) The Commissioner may, in carrying out the work of the office of the Commissioner, enter into contracts, memoranda of understanding or other arrangements.Staff
(3) The Commissioner may employ any officers and employees and may engage the services of any agents and mandataries, advisers and consultants that the Commissioner considers necessary for the proper conduct of the work of the office of the Commissioner.Authorization
(4) The Commissioner may, subject to the conditions he or she sets, authorize any person to exercise any powers under subsection (2) or (3) on behalf of the Commissioner that he or she may determine.Salaries
(5) The salaries of the officers and employees of the office of the Commissioner shall be fixed according to the scale provided by law.Payment
(6) The salaries of the officers and employees of the office of the Commissioner, and any casual expenses connected with the office, shall be paid out of moneys provided by Parliament for that purpose.Estimates to be prepared
(7) Prior to each fiscal year, the Commissioner shall cause to be prepared an estimate of the sums that will be required to pay the charges and expenses of the office of the Commissioner during the fiscal year.Inclusion in government estimates
(8) The estimate referred to in subsection (7) shall be considered by the Speaker of the Senate and the Speaker of the House of Commons and then transmitted to the President of the Treasury Board, who shall lay it before the Senate and the House of Commons with the estimates of the Government for the fiscal year.Mandate
85. The mandate of the Commissioner is to(a) carry out the functions of the Commissioner referred to in sections 86 to 88; and(b) provide confidential policy advice and support to the Prime Minister in respect of conflict of interest and ethical issues in general.Functions: members of the Senate
86. (1) The Commissioner shall perform the duties and functions assigned by the Senate for governing the conduct of members of the Senate when they are carrying out the duties and functions of their office as members of the Senate.Privileges and immunities
(2) The duties and functions of the Commissioner under subsection (1) are carried out within the institution of the Senate. The Commissioner enjoys the privileges and immunities of the Senate and its members when carrying out those duties and functions.General direction of committee
(3) The Commissioner shall carry out those duties and functions under the general direction of any committee of the Senate that may be designated or established by the Senate for that purpose.Clarification
(4) For greater certainty, the general direction of the committee referred to in subsection (3) does not include the administration of the Conflict of Interest Act in respect of ministers of the Crown, ministers of state or parliamentary secretaries.Clarification — powers, etc., of the Senate
(5) For greater certainty, this section shall not be interpreted as limiting in any way the powers, privileges, rights and immunities of the Senate or its members.Functions: members of House of Commons
87. (1) The Commissioner shall perform the duties and functions assigned by the House of Commons for governing the conduct of its members when they are carrying out the duties and functions of their office as members of that House.Privileges and immunities
(2) The duties and functions of the Commissioner under subsection (1) are carried out within the institution of the House of Commons. The Commissioner enjoys the privileges and immunities of the House of Commons and its members when carrying out those duties and functions.General direction of committee
(3) The Commissioner shall carry out those duties and functions under the general direction of any committee of the House of Commons that may be designated or established by that House for that purpose.Clarification — ethical principles, etc.
(4) For greater certainty, the general direction of the committee referred to in subsection (3) does not include the administration of the Conflict of Interest Act in respect of ministers of the Crown, ministers of state or parliamentary secretaries.Clarification — powers, etc., of House of Commons
(5) For greater certainty, this section shall not be interpreted as limiting in any way the powers, privileges, rights and immunities of the House of Commons or its members.Functions: public office holders
88. The Commissioner shall, in relation to public office holders, perform the duties and functions assigned to the Commissioner under the Conflict of Interest Act.Use of personal information
89. (1) Personal information collected by the Commissioner shall not, without the consent of the individual to whom it relates, be used by the Commissioner except for the purpose for which the information was obtained or for a use consistent with that purpose.Clarification
(2) The purpose for which information referred to in subsection (1) was obtained is determined by the section of this Act under which the Commissioner was acting when he or she obtained the information.Delegation
90. The Commissioner may authorize any person to exercise or perform, subject to any restrictions or limitations that the Commissioner may specify, any of the powers, duties or functions of the Commissioner under this Act or the Conflict of Interest Act except the power to delegate under this section.Annual reports
91. (1) Within three months after the end of each fiscal year, the Commissioner shall submit(a) a report on his or her activities under section 86 for that year to the Speaker of the Senate, who shall table the report in that House;(b) a report on his or her activities under section 87 for that year to the Speaker of the House of Commons, who shall table the report in that House; and(c) a report on his or her activities under sections 88 for that year to the Speaker of the Senate and the Speaker of the House of Commons, who shall each table the report in the House over which he or she presides.Confidentiality
(2) The Commissioner may not include in the annual reports any information that he or she is required to keep confidential, including confidences of the Queen’s Privy Council for Canada.R.S., c. 33 (2nd Supp.)
Parliamentary Employment and Staff Relations Act2004, c. 7, s. 31
29. The long title of the Parliamentary Employment and Staff Relations Act is replaced by the following:Parliamentary Employment and Staff Relations ActClause 29: Existing text of the long title:An Act respecting employment and employer and employee relations in the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer and office of the Ethics CommissionerAn Act respecting employment and employer and employee relations in the Senate, House of Commons, Library of Parliament and office of the Conflict of Interest and Ethics Commissioner2004, c. 7, s. 32
30. Paragraph 2(a) of the Act is replaced by the following:Clause 30: Relevant portion of section 2:2. 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, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner, and(a) the Senate, House of Commons, Library of Parliament or office of the Conflict of Interest and Ethics Commissioner, and2004, c. 7, s. 33
31. The definition “employer” in section 3 of the Act is amended by adding the word “or” at the end of paragraph (c) and by replacing paragraphs (d) and (e) with the following:Clause 31: Relevant portion of the definition:“employer” means:... (d) the office of the Senate Ethics Officer as represented by the Ethics Officer, or(e) the office of the Ethics Commissioner as represented by the Ethics Commissioner;(d) the office of the Conflict of Interest and Ethics Commissioner as represented by the Conflict of Interest and Ethics Commissioner;2004, c. 7, s. 34
32. Paragraphs 85(c.1) and (c.2) of the Act are replaced by the following:Clause 32: Relevant portion of section 85:85. In this Part, “employer” means... (c.1) the office of the Senate Ethics Officer as represented by the Ethics Officer;(c.2) the office of the Ethics Commissioner as represented by the Ethics Commissioner; or(c.1) the office of the Conflict of Interest and Ethics Commissioner as represented by the Conflict of Interest and Ethics Commissioner; orR.S., c. P-36
Public Service Superannuation Act2004, c. 7, ss. 36 and 41(3)(E)
33. The definition “public service” in subsection 3(1) of the Public Service Superannuation Act is replaced by the following:Public Service Superannuation ActClause 33: Existing text of the definition:“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, House of Commons, Library of Parliament, office of the Senate Ethics Officer and office of the Ethics Commissioner and any board, commission, corporation or portion of the federal public administration specified in Schedule I; “public service”
« fonction publique »
“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, House of Commons, Library of Parliament and office of the Conflict of Interest and Ethics Commissioner and any board, commission, corporation or portion of the federal public administration specified in Schedule I;R.S., c. R-2; 1989, c. 17, s. 2
Radiocommunication Act1989, c. 17, s. 4; 2004, c. 7, s. 37
34. Subsections 3(1) and (2) of the Radiocommunication Act are replaced by the following:Radiocommunication ActClause 34: Existing text of subsections 3(1) and (2):3. (1) Subject to subsection (2), this Act is binding on Her Majesty in right of Canada, on the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer and office of the Ethics Commissioner and on Her Majesty in right of a province.(2) The Governor in Council may by order exempt Her Majesty in right of Canada, or the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner, 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(a) in the case of an exemption of Her Majesty in right of Canada, in respect of Her Majesty in right of Canada generally, or only in respect of a department or other body named in the order;(b) either absolute or qualified; and(c) of either general or specific application.Application to Her Majesty and Parliament
3. (1) Subject to subsection (2), this Act is binding on Her Majesty in right of Canada, on the Senate, House of Commons, Library of Parliament and office of the Conflict of Interest and Ethics Commissioner and on Her Majesty in right of a province.Exemptions
(2) The Governor in Council may by order exempt Her Majesty in right of Canada, or the Senate, House of Commons, Library of Parliament or office of the Conflict of Interest and Ethics Commissioner, 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(a) in the case of an exemption of Her Majesty in right of Canada, in respect of Her Majesty in right of Canada generally, or only in respect of a department or other body named in the order;(b) either absolute or qualified; and(c) of either general or specific application.Coordinating AmendmentsLobbying Act
35. On the day on which section 66 of this Act comes into force, section 42 of the Conflict of Interest Act, as enacted by section 2 of this Act, is replaced by the following:No impact
42. For greater certainty, no exemption granted in respect of a person under section 38 and no waiver or reduction granted in respect of a person under 39 affects any obligation or prohibition that applies to that person under the Lobbying Act.Lobbying Act
36. On the day on which section 66 of this Act comes into force, subsection 37(1) of the Conflict of Interest Act, as enacted by section 2 of this Act, is replaced by the following:Report to Commissioner
37. (1) A former reporting public office holder who, during the applicable period under section 36, has any communication referred to in paragraph 5(1)(a) of the Lobbying Act or arranges a meeting referred to in paragraph 5(1)(b) of that Act shall report that communication or meeting to the Commissioner.Public Servants Disclosure Protection Act
37. On the later of the day on which section 45 of the Conflict of Interest Act comes into force and the day on which subsection 24(3) of the Public Servants Disclosure Protection Act comes into force — or, if those days are the same day, then on that day — the Conflict of Interest Act is amended by adding the following after section 66:Referral from Public Sector Integrity Commissioner
67. If a matter is referred to the Commissioner under subsection 24(3) 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.Federal Courts Act
38. On the later of the day on which section 5 of this Act comes into force and the day on which section 99 of this Act comes into force — or, if those days are the same day, then on that day — subsection 2(2) of the Federal Courts Act is replaced by the following: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 or the Conflict of Interest and Ethics Commissioner with respect to the exercise of the jurisdiction or powers referred to in sections 41.1, 41.2, 86 or 87 of the Parliament of Canada Act.2000, c. 9
Canada Elections ActAmendments to Act39. The portion of subsection 2(2) of the Canada Elections Act before paragraph (a) is replaced by the following:Canada Elections ActClause 39: Relevant portion of subsection 2(2):(2) For the purposes of this Act, the commercial value of property or a service is deemed to be nil ifNo commercial value
(2) For the purposes of this Act, other than section 92.2, the commercial value of property or a service is deemed to be nil if40. The Act is amended by adding the following after section 92:Clause 40: New.Gifts and Other AdvantagesDefinition of candidate
92.1 For the purposes of sections 92.2 to 92.6, a candidate is deemed to have become a candidate on the earlier of(a) the day on which he or she is selected at a nomination contest, and(b) the day on which the writ is issued for the election.Prohibition
92.2 (1) No candidate shall accept any gift or other advantage that might reasonably be seen to have been given to influence him or her in the performance of his or her duties and functions as a member, were the candidate to be elected, during the period that(a) begins on the day on which he or she becomes a candidate; and(b) ends on the day on which he or she withdraws, in the case of a candidate who withdraws in accordance with subsection 74(1), on the day on which he or she becomes a member, in the case of a candidate who is elected, and on polling day, in any other case.Exception
(2) Despite subsection (1), a candidate may accept a gift or other advantage that is given by a relative or as a normal expression of courtesy or protocol.Statement of candidate
(3) The candidate shall provide the Chief Electoral Officer with a statement in the prescribed form that discloses, in respect of all gifts or other advantages that the candidate accepted during the period referred to in subsection (1) whose benefit to the candidate exceeds $500 or, if accepted from the same person or entity in that period, exceeds a total of $500, other than gifts or other advantages given by relatives or made by way of an unconditional, non-discretionary testamentary disposition,(a) the nature of each gift or other advantage, its commercial value and the cost, if any, to the candidate;(b) the name and address of the person or entity giving the gift or other advantage; and(c) the circumstances under which the gift or other advantage was given.Clarification
(4) For the purposes of subsection (3), the benefit to a candidate of a gift or other advantage that is a service or property, or the use of property or money, is the difference between the commercial value of the service or property or the use of the property or money and the cost, if any, to the candidate.Period for providing statement
(5) The candidate shall provide the statement to the Chief Electoral Officer within four months after(a) polling day; or(b) the publication of a notice of the withdrawal or deemed withdrawal of the writ for the election.Definitions
(6) The following definitions apply in this section.“common-law partnership”
« union de fait »
“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.“gift or other advantage”
« cadeau ou autre avantage »
“gift or other advantage” means(a) an amount of money if there is no obligation to repay it; and(b) a service or property, or the use of property or money, that is provided without charge or at less than its commercial value.It does not include a contribution made by an eligible individual under Part 18 to the official agent of a candidate that does not exceed the limits set out in that Part, or a provision of goods or services or a transfer of funds under section 404.2.“relative”
« parent »
“relative”, in respect of a candidate, means a person related to the candidate by marriage, common-law partnership, birth, adoption or affinity.Extension or correction — Chief Electoral Officer
92.3 (1) The Chief Electoral Officer, on the written application of a candidate, may authorize(a) the extension of the period provided in subsection 92.2(5); or(b) the correction, within a specified period, of the statement referred to in subsection 92.2(3).Deadline
(2) An application may be made(a) under paragraph (1)(a), within the period provided in subsection 92.2(5); and(b) under paragraph (1)(b), as soon as the candidate becomes aware of the need for correction.Grounds
(3) The Chief Electoral Officer may not authorize an extension or correction unless he or she is satisfied by the evidence submitted by the candidate in writing that the circumstances giving rise to the application arose by reason of(a) the illness of the candidate; or(b) inadvertence or an honest mistake of fact.Extension or correction — judge
92.4 (1) A candidate may apply to a judge who is competent to conduct a recount for an order authorizing an extension referred to in paragraph 92.3(1)(a) or a correction referred to in paragraph 92.3(1)(b). The applicant shall notify the Chief Electoral Officer of the application.Deadline
(2) An application may be made within two weeks after(a) the rejection of an application, made in accordance with section 92.3, for the extension or correction; or(b) the expiry of the extended period or specified period authorized under paragraph 92.3(1)(a) or (b).Grounds
(3) A judge may not grant an order unless he or she is satisfied that the circumstances giving rise to the application arose by reason of a factor referred to in either paragraph 92.3(3)(a) or (b).Contents of order
(4) An order under subsection (1) may require that the candidate satisfy any condition that the judge considers necessary for carrying out the purposes of this Act.Chief Electoral Officer to retain statements
92.5 (1) The Chief Electoral Officer shall retain in his or her possession the statements referred to in subsection 92.2(3) for at least one year after the return of the writ for the election.Information to be kept confidential
(2) The Chief Electoral Officer shall keep confidential the statements provided under subsection 92.2(3).Exception
(3) Subsection (2) does not prohibit the Commissioner from inspecting the statements referred to in that subsection, and any of those statements may be provided to the Director of Public Prosecutions and produced by that Director for the purpose of a prosecution for an offence under this Act.Prohibition — false, misleading or incomplete statement
92.6 (1) No candidate shall provide the Chief Electoral Officer with a statement referred to in subsection 92.2(3) that(a) the candidate knows or ought reasonably to know contains a material statement that is false or misleading; or(b) does not substantially set out the information required by that subsection.Membership in House of Commons suspended
(2) An elected candidate who fails, within the required period, to provide a statement as required by subsection 92.2(3) or to make a correction as authorized by subsection 92.3(1) or 92.4(1) shall not continue to sit or vote as a member until it is provided or made, as the case may be.2003, c. 19, s. 23
41. (1) Subsection 403.35(1) of the Act is amended by adding the word “and” at the end of paragraph (b), by striking out the word “and” at the end of paragraph (c) and by repealing paragraph (d).Clause 41: (1) Relevant portion of subsection 403.35(1):403.35. (1) The financial agent of a registered association shall, for each fiscal period of the association, provide to the Chief Electoral Officer... (d) any statements and declarations provided to the financial agent by virtue of paragraph 405.3(2)(c) and subsection 405.3(4).2003, c. 19, s. 23
(2) Paragraphs 403.35(2)(a) to (d) of the Act are replaced by the following:(2) Relevant portion of subsection 403.35(2):(2) A financial transactions return must set out(a) a statement of contributions received by the registered association from the following classes of contributor: individuals, corporations, trade unions and associations referred to in subsection 405.3(3);(b) the number of contributors in each class listed in paragraph (a);(b.1) in the case of a contributor that is an association referred to in subsection 405.3(3),(i) the name and address of the association, the amount of its contribution and the date on which it was received by the registered association, and(ii) the name and address of each individual whose money forms part of the contribution, the amount of money provided by that individual that is included in the contribution and the date on which it was provided to the association;(c) the name and address of each other contributor in a class listed in paragraph (a) who made contributions of a total amount of more than $200 to the registered association, that total amount, as well as the amount of each such contribution and the date on which it was received by the association;(d) in the case of a numbered company that is a contributor referred to in paragraph (c), the name of the chief executive officer or president of that company;(a) a statement of contributions received by the registered association;(b) the number of contributors;(c) the name and address of each contributor who made contributions of a total amount of more than $200 to the registered association, that total amount, as well as the amount of each such contribution and the date on which it was received by the association;2003, c. 19, s. 23
42. Section 403.36 of the Act is replaced by the following:Clause 42: Existing text of section 403.36:403.36 The financial agent of a registered association shall, without delay, pay an amount of money equal to the value of a contribution received by the association to the Chief Electoral Officer who shall forward it to the Receiver General, if(a) the financial agent cannot determine to which of the classes listed in paragraph 403.35(2)(a) the contributor belongs; or(b) the name of the contributor of a contribution of more than $25, the name or the address of the contributor having made contributions of a total amount of more than $200 or the name of the chief executive officer or president of a contributor referred to in paragraph 403.35(2)(d) is not known.When contributions forwarded to Receiver General
403.36 The financial agent of a registered association shall, without delay, pay an amount of money equal to the value of a contribution received by the association to the Chief Electoral Officer, who shall forward it to the Receiver General, if the name of the contributor of a contribution of more than $20, or the name or the address of the contributor having made contributions of a total amount of more than $200, is not known.2003, c. 19, s. 24
43. Section 404.1 of the Act is repealed.Clause 43: Existing text of section 404.1:404.1 (1) Despite subsection 404(1), contributions may be made by a corporation or a trade union that do not exceed(a) $1,000 in total in any calendar year to the registered associations, nomination contestants and candidates of a particular registered party; and(b) $1,000 in total to a candidate for a particular election who is not the candidate of a registered party.(1.1) Despite paragraph (1)(a), if two elections are held in an electoral district in a calendar year and a corporation or trade union has, before the polling day of the first election, made a contribution under that paragraph to the registered association, the nomination contestants or the candidate of a particular registered party in that electoral district, the corporation or trade union may make contributions not exceeding $1,000 in total to the registered association, the nomination contestants and the candidate of the registered party in that electoral district during the election period for the second election.(1.2) A corporation or trade union may make contributions under subsection (1.1) in respect of the registered association, the nomination contestants and the candidate of any particular registered party in only one electoral district in any calendar year.(1.3) Despite paragraph (1)(a), if a corporation or trade union has in any calendar year made a contribution under that paragraph to an individual who is a nomination contestant in an electoral district in a nomination contest held in that year but who is not endorsed by the registered party as its candidate, the corporation or trade union may during that year make contributions not exceeding $1,000 in total to the endorsed candidate after he or she is endorsed.(1.4) A corporation or trade union may make contributions under subsection (1.3) in respect of the candidate of any particular registered party in respect of only one election and in only one electoral district in any calendar year.(2) The following definitions apply in this section.“corporation” means a corporation together with(a) any other corporation controlled, directly or indirectly in any manner whatever, by the corporation; and(b) any other corporation that is controlled by the same person or group of persons that controls the corporation, directly or indirectly in any manner whatever.“trade union” means any organization of employees — the purposes of which include the regulation of relations between employers and employees — together with all of its branches or locals.(3) The following are not eligible to make a contribution under subsection (1):(a) a corporation that does not carry on business in Canada;(b) a trade union that does not hold bargaining rights for employees in Canada;(c) a Crown corporation as defined in section 2 of the Financial Administration Act; and(d) a corporation in respect of which the Government of Canada contributes more than 50% of its funding.2003, c. 19, s. 24
44. (1) The portion of subsection 404.2(2) of the Act before paragraph (a) is replaced by the following:Clause 44: (1) Relevant portion of subsection 404.2(2):(2) A provision of goods or services or a transfer of funds is permitted and is not a contribution for the purposes of this Act if it isExclusion for goods and services — registered parties, registered associations and candidates
(2) A provision of goods or services is permitted and is not a contribution for the purposes of this Act if it is(2) Section 404.2 of the Act is amended by adding the following after subsection (2):(2) New.Exclusion for funds — registered parties, registered associations and candidates
(2.1) A transfer of funds is permitted and is not a contribution for the purposes of this Act if it is(a) from a registered party to an electoral district association of the party;(b) from a registered association to the party with which it is affiliated or another registered association of the party;(c) from a candidate endorsed by a registered party to the party or a registered association of the party; or(d) from a candidate to himself or herself in his or her capacity as a nomination contestant in respect of the same election.Exclusion for funds other than trust funds — registered parties and registered associations
(2.2) A transfer of funds, other than trust funds, is permitted and is not a contribution for the purposes of this Act if it is(a) from a registered party to a candidate endorsed by the party; or(b) from a registered association to a candidate endorsed by the party with which the association is affiliated.2003, c. 19, s. 24
(3) Subsections 404.2(4) and (5) of the Act are replaced by the following:(3) Existing text of subsections 404.2(4) and (5):(4) A registered association, a nomination contestant or a candidate of a registered party may not transfer to the party any amount received in accordance with section 404.1 or 405.3.(5) The provision, by an employer who is eligible to make a contribution, of a paid leave of absence during an election period to an employee for the purpose of allowing the employee to be a nomination contestant or candidate is not a contribution.Exception
(5) The provision, by an employer, of a paid leave of absence during an election period to an employee for the purpose of allowing the employee to be a nomination contestant or candidate is not a contribution.2003, c. 19, s. 24
45. (1) Subsection 404.4(1) of the Act is replaced by the following:Clause 45: (1) Existing text of subsection 404.4(1):404.4 (1) Any person who is authorized to accept contributions on behalf of a registered party, a registered association, a candidate, a leadership contestant or a nomination contestant shall issue a receipt — of which he or she shall keep a copy — for each contribution of more than $25 that he or she accepts.Issuance of receipts
404.4 (1) Any person who is authorized to accept contributions on behalf of a registered party, a registered association, a candidate, a leadership contestant or a nomination contestant shall issue a receipt — of which he or she shall keep a copy — for each contribution of more than $20 that he or she accepts.2003, c. 19, s. 24
(2) The portion of subsection 404.4(2) of the Act before paragraph (a) is replaced by the following:(2) Relevant portion of subsection 404.4(2):(2) Where anonymous contributions of $25 or less per person are collected in response to a general solicitation at a meeting or fundraising event related to the affairs of a registered party, a registered association, a candidate, a leadership contestant, or a nomination contestant, the person authorized to accept those contributions must record the following:Record keeping
(2) If anonymous contributions of $20 or less per person are collected in response to a general solicitation at a meeting or fundraising event related to the affairs of a registered party, a registered association, a candidate, a leadership contestant or a nomination contestant, the person authorized to accept those contributions must record the following:2003, c. 19, s. 25
46. (1) Subsection 405(1) of the Act is replaced by the following:Clause 46: (1) Existing text of subsection 405(1):405. (1) No individual shall make contributions that exceed(a) $5,000 in total in any calendar year to a particular registered party and its registered associations, nomination contestants and candidates;(b) $5,000 in total to a candidate for a particular election who is not the candidate of a registered party; and(c) $5,000 in total to the leadership contestants in a particular leadership contest.Contribution limits
405. (1) No individual shall make contributions that exceed(a) $1,000 in total in any calendar year to a particular registered party;(a.1) $1,000 in total in any calendar year to the registered associations, nomination contestants and candidates of a particular registered party;(b) $1,000 in total to a candidate for a particular election who is not the candidate of a registered party; and(c) $1,000 in total to the leadership contestants in a particular leadership contest.2003, c. 19, s. 25
(2) Subsection 405(3) of the Act is replaced by the following:(2) and (3) Existing text of subsections 405(3) and (4):(3) For the purposes of subsection (1), a contribution to a person who presents himself or herself as seeking the endorsement of a particular registered party shall be treated as a contribution referred to in paragraph (1)(a) to a candidate of that party and a contribution to a person who presents himself or herself as seeking to be a candidate not endorsed by any registered party shall be treated as a contribution referred to in paragraph (1)(b).(4) The following contributions shall not be taken into account in calculating contributions for the purposes of subsection (1):(a) contributions that do not exceed $5,000 in total by a nomination contestant or candidate of a registered party out of his or her own funds to his or her own campaign as a nomination contestant or candidate;(b) contributions that do not exceed $5,000 in total by a candidate for a particular election who is not the candidate of a registered party out of his or her own funds to his or her own campaign; and(c) contributions that do not exceed $5,000 in total by a leadership contestant in a particular leadership contest out of his or her own funds to his or her own campaign.Attribution of certain contributions
(3) For the purposes of subsection (1), a contribution to a person who presents himself or herself as seeking the endorsement of a particular registered party shall be treated as a contribution referred to in paragraph (1)(a.1) to a candidate of that party and a contribution to a person who presents himself or herself as seeking to be a candidate not endorsed by any registered party shall be treated as a contribution referred to in paragraph (1)(b).2003, c. 19, s. 25
(3) Paragraphs 405(4)(a) to (c) of the Act are replaced by the following:(a) contributions that do not exceed $1,000 in total by a nomination contestant or candidate of a registered party out of his or her own funds to his or her own campaign as a nomination contestant or candidate;(b) contributions that do not exceed $1,000 in total by a candidate for a particular election who is not the candidate of a registered party out of his or her own funds to his or her own campaign; and(c) contributions that do not exceed $1,000 in total by a leadership contestant in a particular leadership contest out of his or her own funds to his or her own campaign.2003, c. 19, s. 25
47. (1) The portion of subsection 405.1(1) of the Act before paragraph (a) is replaced by the following:Clause 47: (1) Relevant portion of subsection 405.1(1):405.1 (1) The inflation adjustment factor applicable to the limits established under subsections 404.1(1) and 405(1) and paragraph 405.3(2)(b), in effect for a period of one year beginning on each April 1, is a fraction withAdjustment for inflation
405.1 (1) The inflation adjustment factor applicable to the limits established under subsection 405(1), in effect for a period of one year beginning on each April 1, is a fraction with2003, c. 19, s. 25
(2) Subsection 405.1(2) of the Act is replaced by the following:(2) Existing text of subsection 405.1(2):(2) The amounts set out in subsections 404.1(1) and 405(1) and paragraph 405.3(2)(b) shall be multiplied by the annual inflation adjustment factor referred to in subsection (1) and the resulting amounts apply(a) in the cases referred to in paragraphs 404.1(1)(a) and 405(1)(a) and subparagraph 405.3(2)(b)(i), during the calendar year that commences in that year;(b) in the cases referred to in paragraphs 404.1(1)(b) and 405(1)(b) and subparagraph 405.3(2)(b)(ii), with respect to an election whose writ is issued during that year; and(c) in the case referred to in paragraph 405(1)(c), with respect to a leadership contest that begins during that year.The resulting amounts shall be rounded to the nearest hundred dollars.Adjustment
(2) The amounts set out in subsection 405(1) shall be multiplied by the inflation adjustment factor referred to in subsection (1) for any given year and the resulting amounts apply(a) in the cases referred to in paragraphs 405(1)(a) and (a.1), during the calendar year that commences in that year;(b) in the case referred to in paragraph 405(1)(b), with respect to an election whose writ is issued during that year; and(c) in the case referred to in paragraph 405(1)(c), with respect to a leadership contest that begins during that year.The resulting amounts shall be rounded to the nearest hundred dollars.2003, c. 19, s. 25
48. (1) Paragraph 405.2(1)(a) of the Act is replaced by the following:Clause 48: (1) Relevant portion of subsection 405.2(1):405.2 (1) No person or entity shall(a) circumvent, or attempt to circumvent, the prohibition under subsection 404(1) or a limit set out in subsection 404.1(1) or 405(1) or paragraph 405.3(2)(b); or(a) circumvent, or attempt to circumvent, the prohibition under subsection 404(1) or a limit set out in subsection 405(1) or section 405.31; or2003, c. 19, s. 25
(2) Subsection 405.2(4) of the Act is replaced by the following:(2) Existing text of subsection 405.2(4):(4) No person or entity shall enter into an agreement for the provision for payment of goods or services to a registered party or a candidate that includes a term that any person will make a contribution, directly or indirectly, to a registered party, a registered association, a candidate, a leadership contestant or a nomination contestant.Prohibited agreements
(4) No person or entity shall enter into an agreement for the provision for payment of goods or services to a registered party or a candidate that includes a term that any individual will make a contribution, directly or indirectly, to a registered party, a registered association, a candidate, a leadership contestant or a nomination contestant.2003, c. 19, s. 25
49. Sections 405.3 and 405.4 of the Act are replaced by the following:Clause 49: Existing text of sections 405.3 and 405.4:405.3 (1) No person or entity shall make a contribution to a registered party, a registered association, a candidate or a leadership contestant or a nomination contestant that comes from money, property or the services of another person or entity that was provided to that person or entity for that purpose.(2) Despite subsections (1) and 404(1), an association may make contributions that come from money provided by individuals who are eligible, under subsection 404(1), to make contributions if(a) the contributions are made to a registered association, a nomination contestant or a candidate;(b) the contributions do not exceed(i) $1,000 in total in any calendar year to the recipients referred to in paragraph (a) of a particular registered party, and(ii) $1,000 in total to a candidate for a particular election who is not the candidate of a registered party; and(c) the association provides, along with each contribution, a statement containing the following information:(i) the name and address of the individual who is responsible for the association,(ii) the amount of the contribution, and(iii) the name and address of each individual whose money forms part of the contribution, the amount of money provided by that individual that is included in the contribution and the date on which it was provided.(2.1) Despite subparagraph (2)(b)(i), if two elections are held in an electoral district in a calendar year and an association has, before the polling day of the first election, made a contribution under that subparagraph to the registered association, the nomination contestants or the candidate of a particular registered party in that electoral district, the association may make contributions not exceeding $1,000 in total to the registered association, the nomination contestants and the candidate of the registered party in that electoral district during the election period for the second election.(2.2) An association may make contributions under subsection (2.1) in respect of the registered association, the nomination contestants and the candidate of any particular registered party in only one electoral district in any calendar year.(2.3) Despite subparagraph (2)(b)(i), if an association has in any calendar year made a contribution under that subparagraph to an individual who is a nomination contestant in an electoral district in a nomination contest held in that year but who is not endorsed by the registered party as its candidate, the association may during that year make contributions not exceeding $1,000 in total to the endorsed candidate after he or she is endorsed.(2.4) An association may make contributions under subsection (2.3) in respect of the candidate of any particular registered party in respect of only one election and in only one electoral district in any calendar year.(3) In this section, “association” means an unincorporated organization — other than a trade union — together with all of its branches, chapters or any other divisions.(4) Together with the information referred to in paragraph (2)(c), the individual who is responsible for the association shall provide a declaration that the information is complete and accurate.(5) No individual responsible for an association shall knowingly make a false or misleading declaration relating to the information referred to in paragraph (2)(c).(6) For the application of subsection 405(1), an amount of money provided by an individual that was included in a contribution referred to in subsection (2) shall be taken into account in a calculation of contributions by the individual.405.4 If a registered party, a registered association, a candidate, a leadership contestant or a nomination contestant receives a contribution made in contravention of subsection 405(1), 405.2(4) or 405.3(1), the chief agent of the registered party, the financial agent of the registered association, the official agent of the candidate or the financial agent of the leadership contestant or nomination contestant, as the case may be, shall, within 30 days of becoming aware of the contravention, return the contribution unused to the contributor, or, if that is not possible, pay the amount of it or, in the case of a non-monetary contribution, an amount of money equal to its commercial value, to the Chief Electoral Officer who shall forward that amount to the Receiver General.Prohibition — making indirect contributions
405.3 No individual shall make a contribution to a registered party, a registered association, a candidate or a leadership contestant or a nomination contestant that comes from money, property or the services of any person or entity that was provided to that individual for that purpose.Limit on cash contributions
405.31 No individual shall, in respect of each contribution made under this Part, contribute cash in an amount that exceeds $20.Return of contributions
405.4 If a registered party, a registered association, a candidate, a leadership contestant or a nomination contestant receives a contribution made in contravention of subsection 405(1) or 405.2(4) or section 405.3 or 405.31, the chief agent of the registered party, the financial agent of the registered association, the official agent of the candidate or the financial agent of the leadership contestant or nomination contestant, as the case may be, shall, within 30 days after becoming aware of the contravention, return the contribution unused to the contributor, or, if that is not possible, pay the amount of it or, in the case of a non-monetary contribution, an amount of money equal to its commercial value, to the Chief Electoral Officer who shall forward that amount to the Receiver General.2003, c. 19, s. 35
50. Section 425 of the Act is replaced by the following:Clause 50: Existing text of section 425:425. A registered agent of a registered party shall, without delay, pay an amount of money equal to the value of a contribution received by the registered party, to the Chief Electoral Officer, who shall forward it to the Receiver General, if the name of the contributor of a contribution of more than $25, or the name or the address of the contributor having made contributions of a total amount of more than $200, is not known.When contributions forwarded to Receiver General
425. A registered agent of a registered party shall, without delay, pay an amount of money equal to the value of a contribution received by the registered party, to the Chief Electoral Officer, who shall forward it to the Receiver General, if the name of the contributor of a contribution of more than $20, or the name or the address of the contributor having made contributions of a total amount of more than $200, is not known.2003, c. 19, s. 40
51. Section 435.32 of the Act is replaced by the following:Clause 51: Existing text of section 435.32:435.32 The financial agent of a leadership contestant shall, without delay, pay an amount of money equal to the value of a contribution that the contestant received to the Chief Electoral Officer, who shall forward it to the Receiver General, if the name of the contributor of a contribution of more than $25, or the name or the address of the contributor having made contributions of a total amount of more than $200, is not known.When contributions forwarded to Receiver General
435.32 The financial agent of a leadership contestant shall, without delay, pay an amount of money equal to the value of a contribution that the contestant received to the Chief Electoral Officer, who shall forward it to the Receiver General, if the name of the contributor of a contribution of more than $20, or the name or the address of the contributor having made contributions of a total amount of more than $200, is not known.2003, c. 19, ss. 44(3) and (4)
52. (1) Paragraphs 451(2)(f) to (h.1) of the Act are replaced by the following:Clause 52: (1) Relevant portion of subsection 451(2):(2) The electoral campaign return shall include the following in respect of the candidate:... (f) a statement of contributions received from any of the following classes of contributor: individuals, corporations, trade unions and associations as defined in subsection 405.3(3);(g) the number of contributors in each class listed in paragraph (f);(g.1) in the case of a contributor that is an association as defined in subsection 405.3(3),(i) the name and address of the association, the amount of its contribution and the date on which it was received by the candidate, and(ii) the name and address of each individual whose money forms part of the contribution, the amount of money provided by that individual that is included in the contribution and the date on which it was provided to the association;(h) the name and address of each other contributor in a class listed in paragraph (f) who made contributions of a total amount of more than $200 to the candidate, that total amount, as well as the amount of each such contribution and the date on which it was received by the candidate;(h.1) in the case of a numbered company that is a contributor referred to in paragraph (h), the name of the chief executive officer or president of that company;(f) a statement of contributions received;(g) the number of contributors;(h) the name and address of each contributor who made contributions of a total amount of more than $200 to the candidate, that total amount, as well as the amount of each such contribution and the date on which it was received by the candidate;2003, c. 19, s. 44(6)
(2) Subsection 451(2.1) of the Act is replaced by the following:(2) Existing text of subsection 451(2.1):(2.1) Together with the electoral campaign return, the official agent of a candidate shall provide to the Chief Electoral Officer documents evidencing expenses set out in the return, including bank statements, deposit slips, cancelled cheques, any statements and declarations provided to the official agent by virtue of paragraph 405.3(2)(c) and subsection 405.3(4) and the candidate’s written statement concerning personal expenses referred to in subsection 456(1).Supporting documents
(2.1) Together with the electoral campaign return, the official agent of a candidate shall provide to the Chief Electoral Officer documents evidencing expenses set out in the return, including bank statements, deposit slips, cancelled cheques and the candidate’s written statement concerning personal expenses referred to in subsection 456(1).2003, c. 19, s. 45
53. Section 452 of the Act is replaced by the following:Clause 53: Existing text of section 452:452. An official agent of a candidate shall, without delay, pay an amount of money equal to the value of a contribution that the candidate received to the Chief Electoral Officer who shall forward it to the Receiver General if(a) the official agent cannot determine to which of the classes listed in paragraph 451(2)(f) the contributor belongs; and(b) the name of the contributor of a contribution of more than $25, the name or the address of the contributor having made contributions of a total amount of more than $200 or the name of the chief executive officer or president of a contributor referred to in paragraph 451(2)(h.1) is not known.When contributions forwarded to Receiver General
452. An official agent of a candidate shall, without delay, pay an amount of money equal to the value of a contribution that the candidate received to the Chief Electoral Officer, who shall forward it to the Receiver General, if the name of the contributor of a contribution of more than $20, or the name or the address of the contributor having made contributions of a total amount of more than $200, is not known.2003, c. 19, s. 57
54. (1) Paragraphs 478.23(2)(d) to (g) of the Act are replaced by the following:Clause 54: (1) Relevant portion of subsection 478.23(2):(2) The nomination campaign return shall include the following in respect of the nomination contestant:... (d) a statement of contributions received from any of the following classes of contributor: individuals, corporations, trade unions and associations as defined in subsection 405.3(3);(e) the number of contributors in each class listed in paragraph (d);(e.1) in the case of a contributor that is an association as defined in subsection 405.3(3),(i) the name and address of the association, the amount of its contribution and the date on which it was received by the nomination contestant, and(ii) the name and address of each individual whose money forms part of the contribution, the amount of money provided by that individual that is included in the contribution and the date on which it was provided to the association;(f) the name and address of each other contributor who made contributions of a total amount of more than $200 to the nomination contestant, that total amount, as well as the amount of each such contribution and the date on which it was received by the contestant;(g) in the case of a numbered company that is a contributor referred to in paragraph (f), the name of the chief executive officer or president of that company;(d) a statement of contributions received;(e) the number of contributors;(f) the name and address of each contributor who made contributions of a total amount of more than $200 to the nomination contestant, that total amount, as well as the amount of each such contribution and the date on which it was received by the contestant;2003, c. 19, s. 57
(2) Subsection 478.23(3) of the Act is replaced by the following:(2) Existing text of subsection 478.23(3):(3) Together with the nomination campaign return, the financial agent of a nomination contestant shall provide to the Chief Electoral Officer documents evidencing expenses set out in the return, including bank statements, deposit slips, cancelled cheques, any statements and declarations provided to the financial agent by virtue of paragraph 405.3(2)(c) and subsection 405.3(4) and the contestant’s written statement concerning personal expenses referred to in subsection 478.31(1).Supporting documents
(3) Together with the nomination campaign return, the financial agent of a nomination contestant shall provide to the Chief Electoral Officer documents evidencing expenses set out in the return, including bank statements, deposit slips, cancelled cheques and the contestant’s written statement concerning personal expenses referred to in subsection 478.31(1).2003, c. 19, s. 57
55. Section 478.24 of the Act is replaced by the following:Clause 55: Existing text of section 478.24:478.24 The financial agent of a nomination contestant shall, without delay, pay an amount of money equal to the value of a contribution received by the contestant to the Chief Electoral Officer who shall forward it to the Receiver General, if(a) the financial agent cannot determine to which of the classes listed in paragraph 478.23(2)(d) the contributor belongs; or(b) the name of the contributor of a contribution of more than $25, the name or the address of the contributor having made contributions of a total amount of more than $200 or the name of the chief executive officer or president of a contributor referred to in paragraph 478.23(2)(g) is not known.When contributions forwarded to Receiver General
478.24 The financial agent of a nomination contestant shall, without delay, pay an amount of money equal to the value of a contribution received by the contestant to the Chief Electoral Officer, who shall forward it to the Receiver General, if the name of the contributor of a contribution of more than $20, or the name or the address of the contributor having made contributions of a total amount of more than $200, is not known.56. (1) Subsection 486(1) of the Act is replaced by the following:Clause 56: (1) Existing text of subsection 486(1):486. (1) Every candidate who contravenes subsection 83(1) (failure to appoint official agent) or 83(2) (failure to appoint auditor) or section 87 (failure to appoint a replacement official agent or auditor) is guilty of an offence.Strict liability offences — summary conviction
486. (1) Every candidate who contravenes subsection 83(1) (failure to appoint official agent) or 83(2) (failure to appoint auditor), section 87 (failure to appoint a replacement official agent or auditor), subsection 92.2(1) (accepting prohibited gift or other advantage) or 92.2(5) (failure to provide statement within required period) or paragraph 92.6(1)(b) (providing incomplete statement) is guilty of an offence.(2) Subsection 486(3) of the French version of the Act is replaced by the following:(2) and (3) Existing text of subsection 486(3) :(3) Every person is guilty of an offence who(a) contravenes section 89 (signing of nomination paper when ineligible);(b) wilfully contravenes subsection 90(1) (ineligible person acting as official agent) or 90(2) (ineligible person acting as auditor);(c) contravenes section 91 (making false statement re candidate); or(d) contravenes section 92 (publication of false statement of withdrawal of candidate).Infraction exigeant une intention — double procédure
(3) Commet une infraction :a) quiconque contrevient à l’article 89 (signature d’un acte de candidature par une personne inéligible);b) quiconque contrevient volontairement aux paragraphes 90(1) ou (2) (agir comme agent officiel ou vérificateur d’un candidat sans être admissible);c) quiconque contrevient à l’article 91 (fausse déclaration à propos d’un candidat);d) quiconque contrevient à l’article 92 (publication d’une fausse déclaration relative à un désistement).(3) Subsection 486(3) of the Act is amended by striking out the word “or” at the end of paragraph (c) and by adding the following after paragraph (d):(e) being a candidate, wilfully contravenes subsection 92.2(1) (accepting prohibited gift or other advantage);(f) being a candidate, wilfully contravenes subsection 92.2(5) (failure to provide statement within required period); or(g) being a candidate, contravenes paragraph 92.6(1)(a) (providing statement containing false or misleading information) or knowingly contravenes paragraph 92.6(1)(b) (providing incomplete statement).2003, s. 19, s. 58(3)
57. (1) Paragraph 497(1)(i.6) of the Act is replaced by the following:Clause 57: (1) Relevant portion of subsection 497(1):497. (1) Every person is guilty of an offence who... (i.6) being a person or entity, contravenes subsection 405.3(1) (making contribution from others’ contributions);(i.6) being an individual, contravenes section 405.3 (making indirect contributions);2003, c. 19, s. 58(11)
(2) Paragraphs 497(3)(f.17) and (f.18) of the Act are replaced by the following:(2) Relevant portion of subsection 497(3):(3) Every person is guilty of an offence who... (f.17) being a person or entity, wilfully contravenes subsection 405.3(1) (making contribution from others’ contributions);(f.18) being an individual, contravenes subsection 405.3(5) (knowingly making a false or misleading declaration);(f.17) being an individual, wilfully contravenes section 405.3 (making indirect contributions);(f.18) being an individual, wilfully contravenes section 405.31 (exceeding cash contribution limit);58. Subsection 502(2) of the Act is amended by adding the following after paragraph (f):Clause 58: Relevant portion of subsection 502(2):(2) Every person is guilty of an offence that is a corrupt practice who(f.1) being a candidate, wilfully contravenes subsection 92.2(1) (accepting prohibited gift or other advantage);2003, c. 19, s. 63(1)
59. Subsection 514(1) of the Act is replaced by the following:Clause 59: Existing text of subsection 514(1):514. (1) A prosecution for an offence under this Act must be instituted within 18 months after the day on which the Commissioner becomes aware of the facts giving rise to the prosecution and not later than seven years after the day on which the offence was committed.Limitation period
514. (1) A prosecution for an offence under this Act may be instituted at any time but not later than five years after the day on which the Commissioner became aware of the facts giving rise to the prosecution but, in any case, not later than 10 years after the day on which the offence was committed.