Bill C-520
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C-520
First Session, Forty-first Parliament,
60-61-62 Elizabeth II, 2011-2012-2013
HOUSE OF COMMONS OF CANADA
BILL C-520
An Act supporting non-partisan agents of Parliament
first reading, June 3, 2013
NOTE
2nd Session, 41st Parliament
This bill was introduced during the First Session of the 41st Parliament. Pursuant to the Standing Orders of the House of Commons, it is deemed to have been considered and approved at all stages completed at the time of prorogation of the First Session. The number of the bill remains unchanged.
Mr. Adler
411759
SUMMARY
This enactment establishes a requirement for every person who applies for a position in the office of an agent of Parliament to make a declaration stating whether, in the 10 years before applying for that position, they occupied specified politically partisan positions. The enactment also requires the persons who work in the office of an agent of Parliament and these agents to make a declaration if they intend to occupy a politically partisan position while continuing to occupy the position as agent of Parliament or work in the office of such an agent. The declarations are to be posted on the website of the office of the relevant agent of Parliament.
As well, the enactment requires an agent of Parliament and the persons who work in his or her office to provide a written undertaking that they will conduct themselves in a non-partisan manner in fulfilling the official duties and responsibilities of their positions.
Available on the Parliament of Canada Web Site at the following address:
http://www.parl.gc.ca
http://www.parl.gc.ca
1st Session, 41st Parliament,
60-61-62 Elizabeth II, 2011-2012-2013
house of commons of canada
BILL C-520
An Act supporting non-partisan agents of Parliament
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
SHORT TITLE
Short title
1. This Act may be cited as the Supporting Non-Partisan Agents of Parliament Act.
INTERPRETATION
Definitions
2. (1) The following definitions apply in this Act.
“agent of Parliament”
« agent du Parlement »
« agent du Parlement »
“agent of Parliament” refers to any of the following:
(a) the Auditor General of Canada, appointed pursuant to subsection 3(1) of the Auditor General Act;
(b) the Chief Electoral Officer, appointed pursuant to subsection 13(1) of the Canada Elections Act;
(c) the Commissioner of Official Languages for Canada, appointed pursuant to subsection 49(1) of the Official Languages Act;
(d) the Privacy Commissioner, appointed pursuant to subsection 53(1) of the Privacy Act;
(e) the Information Commissioner, appointed pursuant to subsection 54(1) of the Access to Information Act;
(f) the Senate Ethics Officer, appointed pursuant to section 20.1 of the Parliament of Canada Act;
(g) the Conflict of Interest and Ethics Commissioner, appointed pursuant to subsection 81(1) of the Parliament of Canada Act;
(h) the Commissioner of Lobbying, appointed pursuant to subsection 4.1(1) of the Lobbying Act;
(i) the Public Sector Integrity Commissioner, appointed pursuant to subsection 39(1) of the Public Servants Disclosure Protection Act; and
(j) any other position added by the Governor in Council in accordance with section 5.
“electoral candidate”
« candidat à une élection »
« candidat à une élection »
“electoral candidate” has the same meaning as “candidate” in subsection 2(1) of the Canada Elections Act.
“electoral district association officer”
« dirigeant d’une association de circonscription »
« dirigeant d’une association de circonscription »
“electoral district association officer” means a person who occupies any of the following positions in an electoral district association, within the meaning of subsection 2(1) of the Canada Elections Act, namely
(a) chief executive officer or any other officer;
(b) appointed auditor; or
(c) financial agent.
“ministerial staff”
« membre du personnel ministériel »
« membre du personnel ministériel »
“ministerial staff” means those persons, other than public servants, who work on behalf of a minister of the Crown or a minister of state.
“parliamentary staff”
« membre du personnel parlementaire »
« membre du personnel parlementaire »
“parliamentary staff” means those persons, other than public servants, who work on behalf of a senator or a member of the House of Commons.
“politically partisan position”
« poste partisan »
« poste partisan »
“politically partisan position” means any of the following positions:
(a) electoral candidate;
(b) electoral district association officer;
(c) member of a ministerial staff;
(d) member of a parliamentary staff; or
(e) member of a political staff.
“political party”
« parti politique »
« parti politique »
“political party” means a registered party as defined in subsection 2(1) of the Canada Elections Act.
“political staff”
« membre du personnel politique »
« membre du personnel politique »
“political staff” means those persons, other than public servants, who
(a) work for a political party;
(b) work in the office of the Official Leader of the Opposition in the Senate or in the House of Commons; or
(c) work in a political party research office.
Interpretation
(2) A person is considered to work as a member of a ministerial staff, a parliamentary staff or a political staff, whether they work as an employee or under contract and whether they work on a full or part-time basis.
PURPOSE
Partisan activities
3. The purpose of this Act is to avoid conflicts that are likely to arise or be perceived to arise between partisan activities and the official duties and responsibilities of an agent of Parliament or any person who works in the office of an agent of Parliament.
APPLICATION
Positions
4. This Act applies to any person who is an agent of Parliament and to any person who applies or is selected for a position in the office of an agent of Parliament.
REGULATIONS
Regulations
5. The Governor in Council may, by regulation:
(a) add any other position to those listed in the definition “agent of Parliament” in subsection 2(1);
(b) prescribe the form and content of the declarations referred to in sections 6 and 7; and
(c) prescribe the form and content of the written undertaking referred to in section 8.
DECLARATION OF AGENT OF PARLIAMENT
Declaration of future intent
6. (1) Every agent of Parliament who intends to occupy a politically partisan position while holding his or her position as an agent of Parliament must make a written declaration of their intention to do so as soon as possible and before starting in the politically partisan position. The declaration must indicate the nature of the position, as well as the period of time during which the agent intends to occupy it.
Website posting
(2) The declarations referred to in subsection (1) must be posted on the website of the office of the agent of Parliament within 30 days after the date of each declaration.
DECLARATION — OFFICE OF AN AGENT OF PARLIAMENT
Position in the office of an agent of Parliament
7. (1) Every applicant for a position in the office of an agent of Parliament must, as soon as possible in the selection process, provide the relevant agent of Parliament with a written declaration stating whether or not, at any time in the 10 years before applying for the position, they occupied a politically partisan position. The declaration must indicate the nature of any such position, as well as the period of time during which the person occupied it.
Declaration of future intent
(2) Every person who works in the office of an agent of Parliament and who intends to occupy a politically partisan position while holding the position in that office must provide the relevant agent of Parliament with a written declaration of their intention to do so. The declaration must indicate the nature of the politically partisan position, as well as the period of time during which the person intends to occupy it.
Website posting
(3) The declaration referred to in subsection (1) by the applicant who has been selected to fill a position in the office of the agent of Parliament must be posted on the website of that office within 30 days of his or her being hired.
Website posting
(4) The declaration referred to in subsection (2) must be posted on the website of the office of the agent of Parliament within 30 days of the date of the declaration.
WRITTEN UNDERTAKING
Written undertaking
8. Every agent of Parliament referred to in section 6 and every person referred to in section 7 must also provide a written undertaking indicating that they will, in fulfilling the official duties and responsibilities of the position as agent of Parliament or the position in the office of the agent of Parliament, as the case may be, conduct themselves in a non-partisan manner.
EXAMINATION OF ALLEGED PARTISAN CONDUCT
Holder of a position in the office of an agent of Parliament
9. On written request to the office of an agent of Parliament by any member of the Senate or House of Commons that alleges that a person who occupies a position in that office has conducted their duties and responsibilities in a partisan manner, the agent of Parliament may examine the matter and take such steps as they consider necessary.
REPORT TO PARLIAMENT
Tabling in both Houses
10. Following an examination into a matter under section 9, the agent of Parliament who conducted the examination must submit a report to Parliament on the examination by transmitting the report to the Speaker of the Senate and the Speaker of the House of Commons for tabling in both Houses.
TRANSITIONAL PROVISIONS
Declaration of agent
11. Any person who, on the day on which this Act comes into force, occupies a position in the office of an agent of Parliament must, within 30 days after the coming into force of this Act, comply with the requirements set out in section 7.
Website posting
12. Any declaration made by a person described in section 11 must be posted on the website of that office within 30 days after the coming into force of this Act.
Written undertaking
13. Any person described in section 11 who provides a written declaration indicating that they occupied a politically partisan position must also provide, within 30 days after the coming into force of this Act, a written undertaking that they have conducted and will continue to conduct themselves in a non-partisan manner in fulfilling the official duties and responsibilities of the position in the office of the agent of Parliament.
Published under authority of the Speaker of the House of Commons