Bill C-2
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Transitional Provisions
Transitional — Registered associations
60. Sections 403.35 and 403.36 of the Canada Elections Act, as they read immediately before the coming into force of this section, apply with respect to the documents that a registered association must provide in relation to the fiscal period ending after the coming into force of this section.
Transitional — Candidates
61. If a candidate was, before the coming into force of this section, deemed under section 365 of the Canada Elections Act to have been a candidate, then section 451 of that Act, as it read immediately before the coming into force of this section, applies with respect to the documents that the official agent of the candidate must provide in relation to the election next following the coming into force of this section.
Transitional — Nomination campaigns
62. If a nomination contestant was, before the coming into force of this section, deemed under section 478.03 of the Canada Elections Act to have been a nomination contestant, then section 478.23 of that Act, as it read immediately before the coming into force of this section, applies with respect to the documents that the financial agent of the nomination contestant must provide in relation to the nomination campaign of that contestant.
Consequential Amendments
R.S., c. 1 (5th Supp.)
Income Tax Act
63. Subparagraph 98.1(1)(d)(i) of the Income Tax Act is replaced by the following:
(i) by reason of paragraph (b), the taxpayer shall, except for the purposes of subsections 110.1(4) and 118.1(8), be deemed not to be a member of the partnership, and
64. (1) The portion of subsection 127(4.1) of the Act before paragraph (a) is replaced by the following:
Monetary contributions — form and content
(4.1) For the purpose of subsections (3) and (3.1), a monetary contribution made by a taxpayer may be in the form of cash or of a negotiable instrument issued by the taxpayer. However, it does not include
(2) Subsection 127(4.2) of the Act is repealed.
R.S., c. 44 (4th Supp.)
Lobbyists Registration Act
Amendments to Act
65. The long title of the Lobbyists Registration Act is replaced by the following:
An Act respecting lobbying
66. Section 1 of the Act is replaced by the following:
Short title
1. This Act may be cited as the Lobbying Act.
67. (1) The definition “registrar” in subsection 2(1) of the Act is repealed.
(2) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:
“senior public office holder”
« titulaire d’une charge publique de haut rang »
« titulaire d’une charge publique de haut rang »
“senior public office holder” means
(a) a minister of the Crown or a minister of state and any person employed in his or her office who is appointed under subsection 128(1) of the Public Service Employment Act,
(b) any individual who, in a department as defined in section 2 of the Financial Administration Act,
(i) occupies the senior executive position, whether by the title of deputy minister, chief executive officer or by some other title, or
(ii) is an associate deputy minister or an assistant deputy minister or occupies a position of comparable rank, and
(c) any individual who occupies a position that has been designated by regulation under paragraph 12(c.1).
68. The Act is amended by adding the following after section 4:
OFFICE OF THE COMMISSIONER OF LOBBYING
Commissioner of Lobbying
Commissioner of Lobbying
4.1 (1) The Governor in Council shall, by commission under the Great Seal, appoint a Commissioner of Lobbying 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.
Secret ballot
(2) 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.
Tenure of office and removal
(3) Subject to this section, the Commissioner holds office during good behaviour for a term of seven years, but may be removed for cause by the Governor in Council at any time on address of the Senate and House of Commons.
Further terms
(4) The Commissioner, on the expiry of a first or any subsequent term of office, is eligible to be reappointed for a further term not exceeding seven years.
Interim appointment
(5) 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.
Rank and powers
4.2 (1) The Commissioner has the rank and powers of a deputy head of a department, shall engage exclusively in the duties of the office of Commissioner under this Act or any other Act of Parliament and shall not hold any other office or employment for reward.
Duties and functions
(2) The Commissioner’s duties and functions, in addition to those set out elsewhere in this Act, include developing and implementing educational programs to foster public awareness of the requirements of this Act, particularly on the part of lobbyists, their clients and public office holders.
Remuneration and expenses
(3) The Commissioner shall be paid the remuneration and expenses set by the Governor in Council.
Pension benefits
(4) The provisions of the Public Service Superannuation Act, other than those relating to tenure of office, apply to the Commissioner, except that a person appointed as Commissioner from outside the public service, as defined in the Public Service Superannuation Act, may, by notice in writing given to the President of the Treasury Board not more than 60 days after the date of appointment, elect to participate in the pension plan provided in the Diplomatic Service (Special) Superannuation Act, in which case the provisions of that Act, other than those relating to tenure of office, apply to the Commissioner from the date of appointment and the provisions of the Public Service Superannuation Act do not apply.
Other benefits
(5) The Commissioner is deemed to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act.
Staff
Staff of the Commissioner
4.3 (1) Any officers and employees that are necessary to enable the Commissioner to perform the duties and functions of the Commissioner under this Act or any other Act of Parliament shall be appointed in accordance with the Public Service Employment Act.
Technical assistance
(2) The Commissioner may engage on a temporary basis the services of persons having technical or specialized knowledge of any matter relating to the work of the Commissioner to advise and assist the Commissioner in the performance of the duties and functions of the Commissioner under this Act or any other Act of Parliament and, with the approval of the Treasury Board, may fix and pay the remuneration and expenses of those persons.
Delegation
Delegation by Commissioner
4.4 Subject to subsection (2), 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 except
(a) the power to delegate under this section; and
(b) those set out in subsections 10(1), 10.2(1), 10.5(1) and sections 11, 11.1, 14.01 and 14.02.
2003, c. 10, s. 4(1)
69. (1) Subsections 5(1.1) to (1.3) of the Act are replaced by the following:
Time limit for filing return
(1.1) An individual shall file the return referred to in subsection (1) not later than 10 days after entering into the undertaking.
2003, c. 10, s. 4(4)(F)
(2) Paragraph 5(2)(g) of the Act is replaced by the following:
(g) the fact that it does not provide for any payment that is in whole or in part contingent on the outcome of any matter described in subparagraphs (1)(a)(i) to (vi) or on the individual’s success in arranging a meeting referred to in paragraph (1)(b);
2003, c. 10, s. 4(5)
(3) Paragraph 5(2)(h.1) of the Act is replaced by the following:
(h.1) if the individual is a former public officer holder, a description of the offices held, which of those offices, if any, qualified the individual as a senior public office holder and the date on which the individual last ceased to hold such a senior public office;
1995, c. 12, s. 3
(4) Subsection 5(3) of the Act is replaced by the following:
Requirement to file monthly return
(3) The individual shall file a return, in the prescribed form and manner, not later than 15 days after the end of every month, beginning with the one in which the return is filed under subsection (1), that
(a) sets out, with respect to every communication referred to in paragraph (1)(a) that is of a prescribed type and that was made in that month and every meeting referred to in paragraph (1)(b) that is of a prescribed type and that was arranged in that month, involving a senior public office holder and relating to the undertaking,
(i) the name of the senior public office holder who was the object of the communication or with whom the meeting was arranged,
(ii) the date of the communication or meeting,
(iii) particulars, including any prescribed particulars, to identify the subject-matter of the communication or meeting, and
(iv) any other information that is prescribed;
(b) if any information contained in the return filed under subsection (1) is no longer correct or additional information that the individual would have been required to provide under that subsection has come to the knowledge of the individual after the return was filed, provides the corrected or additional information; and
(c) if the undertaking has been performed or terminated, advises the Commissioner of that fact.
First monthly return
(4) The first return filed under subsection (3) shall, despite paragraph (3)(a), set out the information required by that paragraph in respect of communications made between the day on which the undertaking referred to in subsection (1) was entered into and the end of the month immediately before the filing of the return.
Exception
(4.1) Subject to subsection (4.2), no return is required under subsection (3) if no communication referred to in paragraph (3)(a) was made and no meeting referred to in that paragraph was arranged, during the period with respect to which the return is to set out information, and if the circumstances referred to in paragraphs (3)(b) and (c) have not arisen.
Return — six-month period
(4.2) In any case, no more than five months shall have elapsed since the end of the month in which a return was last filed without a return being filed by the individual under subsection (3), even if, since the last return, no communication was made or meeting arranged as referred to in paragraph (3)(a) and the circumstances referred to in paragraphs (3)(b) and (c) have not arisen, in which case the report shall so state.
Termination of reporting obligation
(4.3) The obligation to file a return under subsection (3) terminates when the undertaking has been performed or is terminated and a report has been filed under that subsection advising of that fact in accordance with paragraph (3)(c).
2003, c. 10, s. 4(7)
(5) Subsection 5(7) of the Act is replaced by the following:
For greater certainty
(7) For greater certainty, an individual who undertakes to communicate with a public office holder as described in paragraph (1)(a) is not required to file more than one return under subsection (1) with respect to the undertaking, even though the individual, in connection with that undertaking, communicates with more than one public office holder or communicates with one or more public office holders on more than one occasion.
2003, c. 10, s. 7(1)
70. (1) Subsections 7(2) and (2.1) of the Act are replaced by the following:
Time limit for filing return
(2) The officer responsible for filing returns shall file a return not later than two months after the day on which the requirement to file a return first arises under subsection (1).
2003, c. 10, s. 7(1)
(2) Paragraphs 7(3)(f.1) to (h.3) of the Act are replaced by the following:
(f.1) if the employer is a corporation,
(i) a list including the name of each senior officer or employee a significant part of whose duties is as described in paragraph (1)(a), and
(ii) a second list including the name of each other senior officer any part of whose duties is as described in paragraph (1)(a) but without constituting a significant part;
(g) particulars to identify the subject-matter of any communication that any employee named in the return has made or is expected to make with a public office holder in respect of any matter described in subparagraphs (1)(a)(i) to (v) and any other information respecting that subject-matter that is prescribed;
(h) if any employee named in the return is a former public office holder, a description of the offices held, which of those offices, if any, qualified the employee as a senior public office holder and the date on which the employee last ceased to hold such a senior public office;
2003, c. 10, s. 7(1)
(3) Paragraphs 7(3)(j) and (k) of the Act are replaced by the following:
(j) the name of any department or other governmental institution in which any public office holder with whom any employee named in the return communicates or is expected to communicate in respect of any matter described in subparagraphs (1)(a)(i) to (v) is employed or serves;
(k) particulars to identify any communication technique, including grass-roots communication within the meaning of paragraph 5(2)(j), that any employee named in the return uses or is expected to use in connection with any communication in respect of any matter described in subparagraphs (1)(a)(i) to (v); and
2003, c. 10, s. 7(1)
(4) Subsection 7(4) of the Act is replaced by the following:
Requirement to file monthly return
(4) The officer responsible for filing returns shall file a return, in the prescribed form and manner, not later than 15 days after the end of every month, beginning with the one in which the return is filed under subsection (1), that
(a) sets out, with respect to every communication referred to in paragraph (1)(a) that is of a prescribed type and that was made in that month involving a senior public office holder,
(i) the name of the senior public office holder who was the object of the communication,
(ii) the date of the communication,
(iii) particulars, including any prescribed particulars, to identify the subject-matter of the communication, and
(iv) any other information that is prescribed;
(b) if any information contained in the return filed under subsection (1) is no longer correct or additional information that the officer would have been required to provide under that subsection has come to the knowledge of the officer after the return was filed, provides the corrected or additional information; and
(c) if the employer no longer employs any employees whose duties are as described in paragraphs (1)(a) and (b), advises the Commissioner of that fact.
First monthly return
(4.1) The first return filed under subsection (4) shall, despite paragraph (4)(a), set out the information required by that paragraph in respect of communications made between the day on which the requirement to file a return first arose under subsection (1) and the end of the month immediately before the filing of the return.
Exception
(4.2) Subject to subsection (4.3), no return is required under subsection (4) if no communication referred to in paragraph (4)(a) was made during the period with respect to which the return is to set out information and if the circumstances referred to in paragraphs (4)(b) and (c) have not arisen.
Return — six-month period
(4.3) In any case, no more than five months shall have elapsed since the end of the month in which a return was last filed without a return being filed under subsection (4), even if, since the last return, no communication was made as referred to in paragraph (4)(a) and the circumstances referred to in paragraphs (4)(b) and (c) have not arisen, in which case the report shall so state.
Termination of reporting obligation
(4.4) The obligation to file a return under subsection (4) terminates when the employer no longer employs any employees whose duties are as described in paragraphs (1)(a) and (b) and a report has been filed under that subsection advising of that fact in accordance with paragraph (4)(c).
71. Section 8 of the Act is repealed.
1995, c. 12, s. 5
72. Subsection 9(1) of the Act is replaced by the following:
Registry
9. (1) The Commissioner shall establish and maintain a registry in which shall be kept a record of all returns and other documents submitted to the Commissioner under this Act and of any information sent under subsection 9.1(1) and responses provided relative to that information.
73. The Act is amended by adding the following after section 9:
Confirmation of lobbying activity information
9.1 (1) The Commissioner may send to any present or former senior public office holder information derived from that referred to in paragraph 5(3)(a) or 7(4)(a) and provided in returns filed under subsection 5(3) or 7(4) in order that the office holder — in the prescribed time, manner and form — confirm to the Commissioner its accuracy and completeness or correct and complete it.
Report
(2) The Commissioner may, in a report under section 11 or 11.1, report on the failure by a present or former senior public office holder to respond relative to information sent under subsection (1) or the provision by such a person of an unsatisfactory response.
2004, c. 7, s. 20
74. Subsection 10(1) of the Act is replaced by the following:
Interpretation bulletins
10. (1) The Commissioner may issue advisory opinions and interpretation bulletins with respect to the enforcement, interpretation or application of this Act other than under sections 10.2 to 10.5.
75. The Act is amended by adding the following after section 10:
LOBBYISTS’ REMUNERATION
Prohibition — lobbyist
10.1 (1) An individual who is required to file a return under subsection 5(1) shall not receive any payment that is in whole or in part contingent on the outcome of any matter described in subparagraphs 5(1)(a)(i) to (vi) or on the individual’s success in arranging a meeting referred to in paragraph 5(1)(b).
Prohibition — client
(2) The client of an individual referred to in subsection (1) shall not make any such payment to the individual.
RESTRICTION ON LOBBYING ACTIVITY
Five-year prohibition — lobbying
10.11 (1) No individual shall, during a period of five years after the day on which the individual ceases to be a senior public office holder,
(a) carry on any of the activities referred to in paragraph 5(1)(a) or (b) in the circumstances referred to in subsection 5(1);
(b) if the individual is employed by an organization, carry on any of the activities referred to in paragraph 7(1)(a) on behalf of that organization; and
(c) if the individual is employed by a corporation, carry on any of the activities referred to in paragraph 7(1)(a) on behalf of that corporation if carrying on those activities would constitute a significant part of the individual’s work on its behalf.
Exception
(2) Subsection (1) does not apply in respect of any senior public office that was held only because the individual participated in an employment exchange program.
Exemption
(3) On application, the Commissioner of Lobbying may, on any conditions that the Commissioner specifies, exempt an individual from the application of subsection (1) if the Commissioner is of the opinion that the exemption would not be contrary to the purposes of this Act having regard to any circumstance or factor that the Commissioner considers relevant, including whether the individual
(a) was a senior public office holder for a short period;
(b) was a senior public office holder on an acting basis;
(c) was employed under a program of student employment; or
(d) had administrative duties only.
Publication
(4) The Commissioner shall without delay cause every exemption and the Commissioner’s reasons for it to be made available to the public.
76. The Act is amended by adding the following before section 10.4:
INVESTIGATIONS
2004, c. 7, s. 23 and par. 39(3)(a)
77. (1) Subsections 10.4(1) and (2) of the Act are replaced by the following:
Investigation
10.4 (1) The Commissioner shall conduct an investigation if he or she has reason to believe that an investigation is necessary to ensure compliance with the Code or this Act, as applicable.
Exception
(1.1) The Commissioner may refuse to conduct or may cease an investigation with respect to any matter if he or she is of the opinion that
(a) the matter is one that could more appropriately be dealt with according to a procedure provided for under another Act of Parliament;
(b) the matter is not sufficiently important;
(c) dealing with the disclosure would serve no useful purpose because of the length of time that has elapsed since the matter arose; or
(d) there is any other valid reason for not dealing with the matter.
Powers of investigation
(2) For the purpose of conducting the investigation, the Commissioner may
(a) in the same manner and to the same extent as a superior court of record,
(i) summon and enforce the attendance of persons before the Commissioner and compel them to give oral or written evidence on oath, and
(ii) compel persons to produce any documents or other things that the Commissioner considers relevant for the investigation;
and
(b) administer oaths and receive and accept information, whether or not it would be admissible as evidence in a court of law.
2003, c. 10, ss. 10(2) and (3); 2004, c. 7, s. 23 and par. 39(3)(b) and (c)
(2) The portion of section 10.4 of the Act after subsection (5) is replaced by the following:
Confidentiality
(6) The Commissioner, and every person acting on behalf of or under the direction of the 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 Commissioner, necessary for the purpose of conducting an investigation under this section or establishing the grounds for any findings or conclusions contained in a report under section 10.5;
(b) the information is disclosed in a report under section 10.5 or in the course of a prosecution for an offence under section 131 of the Criminal Code (perjury) in respect of a statement made to the Commissioner; or
(c) the Commissioner believes on reasonable grounds that the disclosure is necessary for the purpose of advising a peace officer having jurisdiction to investigate an alleged offence under this or any other Act of Parliament or of the legislature of a province.
Advice to peace officers
(7) If, during an investigation under this section, the Commissioner believes on reasonable grounds that a person has committed an offence under this or any other Act of Parliament or of the legislature of a province, the Commissioner shall advise a peace officer having jurisdiction to investigate the alleged offence and immediately suspend the Commissioner’s investigation.
Suspension of investigation
(8) The Commissioner shall immediately suspend an investigation under this section if he or she discovers that the subject-matter of the investigation is also the subject-matter of an investigation to determine whether an offence under this or any other Act of Parliament or of the legislature of a province has been committed or that a charge has been laid with respect to that subject-matter.
Investigation continued
(9) The Commissioner may not continue an investigation under this section until any investigation or charge regarding the same subject-matter has been finally disposed of.
2004, c. 7, ss. 23, 24 and 39(4)
78. Sections 10.5 to 11 of the Act are replaced by the following:
Report on investigation
10.5 (1) After conducting an investigation, the Commissioner shall prepare a report of the investigation, including the findings, conclusions and reasons for the Commissioner’s conclusions, and submit it to Parliament.
Contents of report
(2) The report may contain details of any payment received, disbursement made or expense incurred by an individual who is required to file a return under subsection 5(1) or by an employee who, in accordance with paragraph 7(3)(f) or (f.1), is named in a return filed under subsection 7(1), in respect of any matter referred to in any of subparagraphs 5(1)(a)(i) to (vi) or 7(1)(a)(i) to (v), as the case may be, or of any payment made by the client of an individual who is required to file a return under subsection 5(1) in respect of any matter referred to in any of subparagraphs 5(1)(a)(i) to (vi), any communication referred to in paragraph 5(1)(a) or any meeting referred to in paragraph 5(1)(b), if the Commissioner considers publication of the details to be in the public interest.
REPORTS TO PARLIAMENT
Annual report
11. The Commissioner shall, within three months after the end of each fiscal year, prepare a report with regard to the administration of this Act during that fiscal year and submit the report to Parliament.
Special reports
11.1 The Commissioner may, at any time, make a special report to Parliament concerning any matter within the scope of the powers, duties and functions of the Commissioner if, in the opinion of the Commissioner, the matter is of such urgency or importance that a report on it should not be deferred until the next annual report.
79. Section 12 of the Act is amended by adding the following after paragraph (c):
(c.1) designating, individually or by class, positions in the federal public administration that are, in the opinion of the Governor in Council, of a rank comparable to a position described in paragraph (b) of the definition “senior public office holder” in subsection 2(1) as a senior public office for the purposes of paragraph (c) of that definition;
1995, c. 12, s. 7
80. Section 14 of the Act is replaced by the following:
Contravention
14. (1) Every individual who fails to file a return as required under subsection 5(1) or (3) or 7(1) or (4), or knowingly makes any false or misleading statement in any return or other document submitted to the Commissioner under this Act or in any response provided relative to information sent under subsection 9.1(1), whether in electronic or other form, is guilty of an offence and liable
(a) on summary conviction, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding six months, or to both; and
(b) on proceedings by way of indictment, to a fine not exceeding $200,000 or to imprisonment for a term not exceeding two years, or to both.
Other contraventions
(2) Every individual who contravenes any provision of this Act — other than subsections 5(1) and (3), 7(1) and (4) and 10.3(1) — or the regulations is guilty of an offence and liable on summary conviction to a fine not exceeding $50,000.
Limitation
(3) Proceedings by way of summary conviction in respect of an offence under this section may be instituted at any time within but not later than five years after the day on which the Commissioner became aware of the subject-matter of the proceedings but, in any case, not later than ten years after the day on which the subject-matter of the proceedings arose.
Prohibition on communication
14.01 If a person is convicted of an offence under this Act, the Commissioner may — if satisfied that it is necessary in the public interest, taking into account the gravity of the offence and whether the offence was a second or subsequent offence under this Act — prohibit for a period of not more than two years the person who committed the offence from effecting any communication described in paragraph 5(1)(a) or 7(1)(a) or arranging a meeting referred to in paragraph 5(1)(b).
Publication
14.02 The Commissioner may make public the nature of the offence, the name of the person who committed it, the punishment imposed and, if applicable, any prohibition under section 14.01.
Replacement of references
81. The Act is amended by replacing “registrar” with “Commissioner” wherever it occurs in the following provisions:
(a) subsections 5(1) and (5);
(b) subsections 7(1) and (5);
(c) sections 7.1 to 7.3;
(d) subsections 9(2) to (4);
(e) section 10.2;
(f) section 10.4; and
(g) paragraphs 12(a) and (b).
Terminology
Replacement of references
82. Unless the context otherwise requires, any reference to the Lobbyists Registration Act is replaced by a reference to the Lobbying Act wherever it occurs in regulations, as defined in section 2 of the Statutory Instruments Act and in any other instrument made in the execution of a power conferred under an Act of Parliament or by order or under the authority of the Governor in Council.
Transitional Provisions
Reference to Act
83. In sections 84 to 88 of this Act, the “other Act” means, before the day on which section 66 of this Act comes into force, the Lobbyists Registration Act and, from that day, the Lobbying Act.
Commissioner
84. (1) The person who holds the office of registrar immediately before the day on which section 68 of this Act comes into force is authorized to act as the Commissioner of Lobbying under the other Act until the appointment of a Commissioner under subsection 4.1(1) of the other Act — or of a person under subsection 4.1(5) of the other Act — as enacted by section 68 of this Act.
Employees
(2) The coming into force of section 68 of this Act does not affect the status of an employee — as defined in subsection 2(1) of the Public Service Employment Act — who occupied, immediately before the day on which that section 68 comes into force, a position in the Office of the Registrar of Lobbyists, except that the employee from that day occupies that position in the Office of the Commissioner of Lobbying.
Pending investigations
85. Any investigation by the registrar under the other Act that is pending immediately before the day on which section 77 of this Act comes into force may continue to be conducted by the Commissioner of Lobbying under the other Act.
Transfer of appropriations
86. Any amount that is appropriated, for the fiscal year in which section 71 of this Act comes into force, by an appropriation Act based on the Estimates for that year for defraying the charges and expenses of the federal public administration for the former registrar designated under section 8 of the other Act, as it read before the day on which that section 71 comes into force, and that, on that day, is unexpended is deemed, on that day, to be an amount appropriated for defraying the charges and expenses of the Office of the Commissioner of Lobbying under the administration of the Commissioner of Lobbying referred to in subsection 4.1(1) of the other Act, as enacted by section 68 of this Act.
Contingent payments
87. Section 10.1 of the other Act, as enacted by section 75 of this Act, does not apply with respect to any contingent payment that, on the day on which that section 75 comes into force,
(a) was mentioned in a return in accordance with paragraph 5(2)(g) of the other Act as it read before the day on which subsection 69(2) of this Act comes into force; or
(b) was provided for in an undertaking entered into before the day on which that section 75 comes into force but for which a return was neither filed nor yet required, under subsection 5(1.1) of the other Act as it read before the day on which subsection 69(1) of this Act comes into force, to be filed.
Former senior public office holders
88. (1) For greater certainty, section 10.11 of the other Act, as enacted by section 75 of this Act, does not apply with respect to any ceasing to hold office or to be employed that is referred to in that section 10.11 and that occurred before the day on which that section 75 comes into force.
Assistant deputy ministers
(2) Section 10.11 of the other Act, as enacted by section 75 of this Act, also does not apply in respect of any ceasing to be a senior public office holder with the rank of assistant deputy minister or any office of equivalent rank that occurs during the six months after the day on which that section 75 comes into force.
Consequential Amendments
R.S., c. A-1
Access to Information Act
89. The Access to Information Act is amended by adding the following in numerical order:
Records relating to investigations
16.2 The Commissioner of Lobbying shall refuse to disclose any record requested under this Act that contains information that was obtained or created by the Commissioner or on the Commissioner’s behalf in the course of an investigation conducted by or under the authority of the Commissioner.
SOR/2006-34
90. Schedule I to the Act is amended by striking out the following under the heading “Other Government Institutions”:
Office of the Registrar of Lobbyists
Bureau du directeur des lobbyistes
91. Schedule I to the Act is amended by adding the following in alphabetical order under the heading “Other Government Institutions”:
Office of the Commissioner of Lobbying
Commissariat au lobbying
R.S., c. F-11
Financial Administration Act
SOR/2006-30; SOR/2006-31
92. Schedule I.1 to the Financial Administration Act is amended by striking out the following in column I:
Office of the Registrar of Lobbyists
Bureau du directeur des lobbyistes
and the corresponding reference in column II to the “President of the Treasury Board”.
93. Schedule I.1 to the Act is amended by adding the following in alphabetical order in column I:
Office of the Commissioner of Lobbying
Commissariat au lobbying
and a corresponding reference in column II to the “President of the Treasury Board”.
SOR/2006-32
94. Schedule IV to the Act is amended by striking out the following:
Office of the Registrar of Lobbyists
Bureau du directeur des lobbyistes
95. Schedule IV to the Act is amended by adding the following in alphabetical order:
Office of the Commissioner of Lobbying
Commissariat au lobbying
R.S., c. 31 (4th Supp.)
Official Languages Act
96. Subsection 24(3) of the Official Languages Act is amended by striking out the word “and” at the end of paragraph (d), by adding the word “and” at the end of paragraph (e) and by adding the following after paragraph (e):
(f) the Office of the Commissioner of Lobbying.
R.S., c. P-21
Privacy Act
SOR/2006-33
97. The schedule to the Privacy Act is amended by striking out the following under the heading “Other Government Institutions”:
Office of the Registrar of Lobbyists
Bureau du directeur des lobbyistes
98. The schedule to the Act is amended by adding the following in alphabetical order under the heading “Other Government Institutions”:
Office of the Commissioner of Lobbying
Commissariat au lobbying
R.S., c. P-1
Parliament of Canada Act
99. The Parliament of Canada Act is amended by adding the following after section 41:
Prohibition — accepting benefits from trusts relating to position
41.1 (1) No member of the House of Commons may, directly or indirectly, accept any benefit or income from a trust established by reason of his or her position as a member of the House of Commons.
Anti-avoidance
(2) No member of the House of Commons shall take any action that has as its purpose the circumvention of the prohibition referred to in subsection (1).
Offence and punishment
(3) Every member of the House of Commons who contravenes subsection (1) or (2) is guilty of an offence and liable on summary conviction to a fine of not less than $500 and not more than $2,000.
Obligation to disclose trusts
41.2 (1) Every member of the House of Commons shall disclose to the Conflict of Interest and Ethics Commissioner every trust known to the member from which he or she could, currently or in the future, either directly or indirectly, derive a benefit or income.
Manner of disclosure
(2) The disclosure must be made in accordance with the provisions governing the disclosure of private interests in the Conflict of Interest Code for Members of the House of Commons set out in the Standing Orders of the House of Commons.
Non-application of section 126 of the Criminal Code
(3) Section 126 of the Criminal Code does not apply in respect of a contravention of subsection (1).
Commissioner’s orders
41.3 (1) If a trust disclosed by a member was established by the member or by a person who is not a relative of the member, the Conflict of Interest and Ethics Commissioner shall
(a) if he or she is of the opinion that it is legally possible for the member to terminate the trust, order the member to terminate the trust and not to use any distribution of the assets on its termination for the purpose of financing a nomination contest, a leadership contest or an electoral campaign within the meaning of the Canada Elections Act; or
(b) if he or she is of the opinion that it is not legally possible for the member to terminate the trust, order the member not to derive any benefit or income from the trust for the purpose of financing a nomination contest, a leadership contest or an electoral campaign within the meaning of the Canada Elections Act.
Commissioner’s orders
(2) If a trust disclosed by a member was established by a relative of the member, the Conflict of Interest and Ethics Commissioner shall order the member not to derive any benefit or income from the trust, including any distribution of its assets on its termination, for the purpose of financing a nomination contest, a leadership contest or an electoral campaign within the meaning of the Canada Elections Act.
Exceptions
(3) Subsections (1) and (2) do not apply in respect of a trust that meets the requirements of subsection 27(4) of the Conflict of Interest Act or a trust that is governed by a registered retirement savings plan or a registered education savings plan.
Cessation of order
(4) No order made under this section has effect after the day on which the member to which the order relates ceases to be a member of the House of Commons and, for the purposes of this subsection, a person who was a member of the House of Commons immediately before the issue of a writ for the election of a new member in place of that person is deemed to continue to be a member of that House until the date of that election.
Compliance measures under Conflict of Interest Act
(5) If there is any inconsistency between an order made under this section and compliance measures required to be taken under the Conflict of Interest Act, the order prevails to the extent of the inconsistency.
Offence and punishment
(6) Every member of the House of Commons who contravenes an order made under this section is guilty of an offence and liable on summary conviction to a fine of not less than $500 and not more than $2,000.
Meaning of relative
(7) Persons who are related to a member of the House of Commons by birth, marriage, common-law partnership, adoption or affinity are the member’s relatives for the purpose of this section unless the Conflict of Interest and Ethics Commissioner determines, either generally or in relation to a particular member, that it is not necessary for the purposes of this section that a person or class of persons be considered a relative of the member.
Meaning of “common law partnership”
(8) For the purpose of subsection (7), “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.
2003, c. 22, ss. 12 and 13
Public Service Employment Act
Amendments to Act
100. Paragraph 22(2)(a) of the Public Service Employment Act is replaced by the following:
(a) establishing for any person or class of persons a right to be appointed — in priority to all persons other than those referred to in section 40 and subsections 41(1) and (4) — during the period specified by the Commission, to any position for which the Commission is satisfied that they meet the essential qualifications referred to in paragraph 30(2)(a);
101. The Act is amended by adding the following after section 35.1:
Mobility — ministers’ staffs
35.2 A person who has been employed for at least three years in the office of a minister or of a person holding the recognized position of Leader of the Opposition in the Senate or Leader of the Opposition in the House of Commons, or in any of those offices successively,
(a) may, during a period of one year after they cease to be so employed, participate in an advertised appointment process for which the organizational criterion established under section 34 entitles all employees to be considered, as long as they meet the other criteria, if any, established under that section; and
(b) has the right to make a complaint under section 77.
102. Section 38 of the Act is replaced by the following:
Exceptions to merit
38. Paragraph 30(2)(b) does not apply in relation to any appointment made under subsection 15(6) (re-appointment on revocation by deputy head), section 40 (priorities — surplus employees), subsection 41(1) or (4) (other priorities) or section 73 (re-appointment on revocation by Commission) or 86 (re-appointment following Tribunal order), or under any regulations made pursuant to paragraph 22(2)(a).
103. (1) Subsections 41(2) and (3) of the Act are repealed.
(2) Subsections 41(5) and (6) of the Act are replaced by the following:
Essential qualifications
(5) The priority of a person referred to in subsection (1) or (4) applies with respect to any position if the Commission is satisfied that the person meets the essential qualifications referred to in paragraph 30(2)(a).
Order of priorities
(6) Persons described in subsection (1) shall be appointed in priority to persons described in subsection (4), and persons described in each of those subsections shall be appointed in the order determined by the Commission.
104. Subsection 53(2) of the Act is replaced by the following:
Exceptions to priority rights
(2) A deputy head may deploy a person without regard to any other person’s right to be appointed under subsection 41(1) or (4) or any regulations made pursuant to paragraph 22(2)(a).
105. Section 87 of the Act is replaced by the following:
Where no right to complain
87. No complaint may be made under section 77 in respect of an appointment under subsection 15(6) (re-appointment on revocation by deputy head), section 40 (priorities — surplus employees), subsection 41(1) or (4) (other priorities) or section 73 (re-appointment on revocation by Commission) or 86 (re-appointment following Tribunal order), or under any regulations made pursuant to paragraph 22(2)(a).
106. The Act is amended by adding the following after section 127:
Deputy Ministers and Other Senior Officials
Appointment by Governor in Council
127.1 The Governor in Council may appoint persons to the following positions and fix their remuneration:
(a) deputy minister, associate deputy minister and positions of equivalent ranks;
(b) deputy head, associate deputy head and positions of equivalent ranks; and
(c) special adviser to a minister or to a deputy.
Transitional Provision
Employees of ministers’ offices
107. A person referred to in subsection 41(2) or (3) of the Public Service Employment Act, as it read on the coming into force of subsection 103(1) of this Act, shall continue to be given priority for appointment in accordance with subsection 41(2) or (3), as the case may be, for a period of one year following the day on which the person ceased to be employed if that day is prior to the coming into force of this section.
Coming into Force
Order in Council
108. (1) The provisions of the Conflict of Interest Act, as enacted by section 2 of this Act, sections 3 to 34 of this Act and any provisions enacted or repeals effected by those sections come into force on a day or days to be fixed by order of the Governor in Council.
Order in council
(2) Notwithstanding subsection 114(4) of the Canada Pension Plan, the provisions of the Conflict of Interest Act, as enacted by section 2 of this Act, come into force as provided under subsection (1) but do not apply in respect of the Canada Pension Plan Investment Board unless the lieutenant governor in council of each of at least two thirds of the included provinces, within the meaning of subsection 114(1) of the Canada Pension Plan, having in the aggregate not less than two thirds of the population of all of the included provinces, has signified the consent of that province to the those provisions.
Coming into force
(3) Sections 39 and 40, subsections 44(1) and (2) and sections 56 and 58 come into force six months after the day on which this Act receives royal assent.
Coming into force
(4) Sections 63 and 64 come into force on the day on which this Act is assented to, but do not apply in respect of monetary contributions made before that day.
Order in council
(5) Sections 65 to 98 come into force on a day or days to be fixed by order of the Governor in Council.
Coming into force
(6) Section 99 of this Act comes into force on the day on which section 81 of the Parliament of Canada Act, as enacted by section 28 of this Act, comes into force.
PART 2
SUPPORTING PARLIAMENT
R.S., c. A-1
Access to Information Act
109. (1) Subsections 54(1) and (2) of the Access to Information Act are replaced by the following:
Appointment
54. (1) The Governor in Council shall, by commission under the Great Seal, appoint an Information 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.
Secret ballot
(1.1) 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.
Tenure
(2) Subject to this section, the Information Commissioner holds office during good behaviour for a term of seven years, but may be removed for cause by the Governor in Council at any time on address of the Senate and House of Commons.
(2) Subsection 54(4) of the Act is replaced by the following:
Interim appointment
(4) In the event of the absence or incapacity of the Information 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.
R.S., c. A-17
Auditor General Act
110. (1) Subsections 3(1) and (2) of the Auditor General Act are replaced by the following:
Appointment
3. (1) The Governor in Council shall, by commission under the Great Seal, appoint a qualified auditor as Auditor General of Canada 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.
Secret ballot
(1.1) 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.
Tenure
(1.2) The Auditor General holds office during good behaviour for a term of 10 years but may be removed for cause by the Governor in Council on address of the Senate and House of Commons.
Ceasing to hold office
(2) Despite subsections (1) and (1.2), the Auditor General ceases to hold office on reaching 65 years of age.
(2) Subsection 3(4) of the Act is replaced by the following:
Interim appointment
(4) In the event of the absence or incapacity of the Auditor General or if that office is vacant, the Governor in Council may appoint any qualified auditor 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.
2000, c. 9
Canada Elections Act
111. Section 13 of the Canada Elections Act is amended by adding the following after subsection (1):
Secret ballot
(1.1) A resolution of the House of Commons under subsection (1) is to be based on a secret ballot of its members conducted in accordance with any standing orders of that House.
R.S., c. 31 (4th Supp.)
Official Languages Act
112. (1) Subsections 49(1) and (2) of the Official Languages Act are replaced by the following:
Appointment
49. (1) The Governor in Council shall, by commission under the Great Seal, appoint a Commissioner of Official Languages for Canada 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.
Secret ballot
(1.1) 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.
Tenure
(2) Subject to this section, the Commissioner holds office during good behaviour for a term of seven years, but may be removed for cause by the Governor in Council at any time on address of the Senate and House of Commons.
(2) Subsection 49(4) of the Act is replaced by the following:
Interim appointment
(4) 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.
R.S., c. P-1
Parliament of Canada Act
2004, c. 7, s. 2
113. Section 20.1 of the Parliament of Canada Act is renumbered as subsection 20.1(1) and is amended by adding the following:
Secret ballot
(2) A resolution of the Senate under subsection (1) is to be based on a secret ballot of its members conducted in accordance with any rules of the Senate.
2004, c. 7, s. 2
114. Subsection 20.2(2) of the Act is replaced by the following:
Interim appointment
(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 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.
2004, c. 7, s. 4
115. Section 72.01 of the Act is renumbered as subsection 72.01(1) and is amended by adding the following:
Secret ballot
(2) A resolution of the House of Commons under subsection (1) is to be based on a secret ballot of its members conducted in accordance with any standing orders of that House.
2004, c. 7, s. 4
116. Subsection 72.02(2) of the Act is replaced by the following:
Interim appointment
(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 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.
117. Subsection 75(4) of the Act is replaced by the following:
Other officers and employees
(4) The officers, other than the Parliamentary Librarian, the Associate Parliamentary Librarian and the Parliamentary Budget Officer, and the clerks and servants who are authorized by law and required for the service of the Library may be appointed in the manner prescribed by law to hold office during pleasure.
118. Section 78 of the Act is replaced by the following:
Duties of Librarians and staff
78. The Parliamentary Librarian, the Associate Parliamentary Librarian, the Parliamentary Budget Officer and the other officers, clerks and servants of the Library are responsible for the faithful discharge of their official duties, as defined, subject to this Act, by regulations agreed on by the Speakers of the two Houses of Parliament and concurred in by the joint committee referred to in section 74.
119. The Act is amended by adding the following after section 79:
Parliamentary Budget Officer
79.1 (1) There is hereby established the position of Parliamentary Budget Officer, the holder of which is an officer of the Library of Parliament.
Appointment and term of office
(2) The Governor in Council shall, by commission under the Great Seal, appoint the Parliamentary Budget Officer to hold office during pleasure for a renewable term of not more than three years.
Selection
(3) The Governor in Council may select the Parliamentary Budget Officer from a list of three names submitted in confidence, through the Leader of the Government in the House of Commons, by a committee formed and chaired by the Parliamentary Librarian.
Remuneration and expenses
(4) The Parliamentary Budget Officer shall be paid the remuneration and expenses set by the Governor in Council.
Mandate
79.2 The mandate of the Parliamentary Budget Officer is to
(a) provide objective analysis to the Senate and to the House of Commons about the state of the nation’s finances and trends in the national economy;
(b) when requested to do so by any of the following committees, undertake research for that committee into the nation’s finances and economy:
(i) the Standing Committee on National Finance of the Senate or, in the event that there is not a Standing Committee on National Finance, the appropriate committee of the Senate,
(ii) the Standing Committee on Finance of the House of Commons or, in the event that there is not a Standing Committee on Finance, the appropriate committee of the House of Commons, or
(iii) the Standing Committee on Public Accounts of the House of Commons or, in the event that there is not a Standing Committee on Public Accounts, the appropriate committee of the House of Commons;
(c) when requested to do so by a member of either House, estimate the financial cost of proposals contained in any Bill introduced by a member of either House other than as a minister of the Crown; and
(d) when requested to do so by a member of either House or by a committee of the Senate or of the House of Commons, or a committee of both Houses, estimate the financial cost of any proposal that relates to a matter over which Parliament has jurisdiction.
Access to financial and economic data
79.3 (1) Except as provided by any other Act of Parliament that expressly refers to this subsection, the Parliamentary Budget Officer is entitled, by request made to the deputy head of a department within the meaning of any of paragraphs (a), (a.1) and (d) of the definition “department” in section 2 of the Financial Administration Act, or to any other person designated by that deputy head for the purpose of this section, to access at all convenient times to any financial or economic data in the possession of the department that are required for the performance of his or her mandate.
Exception
(2) Subsection (1) does not apply in respect of any financial or economic data
(a) that are information the disclosure of which is restricted under section 19 of the Access to Information Act or any provision set out in Schedule II to that Act; or
(b) that are contained in a confidence of the Queen’s Privy Council for Canada described in subsection 69(1) of that Act, unless the data are also contained in any other record, within the meaning of section 3 of that Act, and are not information referred to in paragraph (a).
Confidentiality
79.4 The Parliamentary Budget Officer, and every person acting on behalf or under the direction of the Parliamentary Budget Officer, shall not disclose any financial or economic data that come to their knowledge under section 79.3, unless the disclosure is essential for the performance of his or her mandate and the financial or economic data to which the disclosure relates are not information described in subsection 13(1), section 14 or any of paragraphs 18(a) to (d) or 20(1)(b) to (d) of the Access to Information Act.
Powers to contract
79.5 (1) Subject to subsection 74(2) the Parliamentary Budget Officer may, in the performance of his or her mandate, enter into contracts, memoranda of understanding or other arrangements in the name of his or her position.
Technical assistance
(2) The Parliamentary Budget Officer may engage on a temporary basis the services of persons having technical or specialized knowledge necessary for the performance of his or her mandate.
Designation
(3) The Parliamentary Budget Officer may, from among persons employed in the Library of Parliament to assist him or her, designate any person to exercise any of the powers under subsection (1) or (2) that the Parliamentary Budget Officer specifies, subject to the conditions that the Parliamentary Budget Officer sets.
Explanatory Notes
Lobbyists Registration Act
Clause 65: Existing text of the long title:
An Act respecting the registration of lobbyists
Clause 66: Existing text of section 1:
1. This Act may be cited as the Lobbyists Registration Act.
Clause 67: (1) Existing text of the definition:
“registrar” means the registrar designated pursuant to section 8.
(2) New.
Clause 68: New.
Clause 69: (1) Existing text of subsections 5(1.1) to (1.3):
(1.1) An individual shall file a return
(a) not later than ten days after entering into an undertaking referred to in subsection (1); and
(b) subject to subsections (1.2) and (1.3), not later than thirty days after the expiry of every six-month period after the day on which a return is filed under paragraph (a).
(1.2) Where an individual provides a change to information or newly acquired information under subsection (3), a return under paragraph (1.1)(b) shall be filed not later than thirty days after the expiry of every six-month period after the last day on which a change or newly acquired information is provided under that subsection.
(1.3) An individual is not required to file a return under paragraph (1.1)(b) with respect to an undertaking if the individual completes or terminates the undertaking and advises the registrar of that fact in the prescribed form and manner before the expiry of the period within which the return must be filed under that paragraph.
(2) and (3) Relevant portion of subsection 5(2):
(2) The return shall set out the following information with respect to the undertaking:
...
(g) where applicable, whether the payment to the individual is in whole or in part contingent on the individual’s degree of success in influencing any matter described in subparagraphs (1)(a)(i) to (vi);
...
(h.1) if the individual is a former public officer holder, a description of the offices held;
(4) Existing text of subsection 5(3):
(3) An individual who files a return shall provide the registrar, in the prescribed form and manner, with any change to the information provided by the individual in the return, and any information required to be provided under subsection (2) the knowledge of which the individual acquired only after the return was filed, not later than thirty days after the change occurs or the knowledge is acquired.
(5) Existing text of subsection 5(7):
(7) For greater certainty, an individual who undertakes to communicate with a public office holder as described in paragraph (1)(a) is not required to file more than one return with respect to the undertaking, even though the individual, in connection with that undertaking, communicates with more than one public office holder or communicates with one or more public office holders on more than one occasion.
Clause 70: (1) Existing text of subsections 7(2) and (2.1):
(2) The officer responsible for filing returns shall file a return
(a) not later than two months after the day on which the requirement to file a return first arises under subsection (1); and
(b) subject to subsection (2.1), not later than thirty days after the expiry of every six-month period after the day on which a return is filed under paragraph (a).
(2.1) The officer responsible for filing returns is not required to file a return under paragraph (2)(b) if
(a) the employer no longer employs any employees whose duties are as described in paragraphs (1)(a) and (b); and
(b) the officer responsible for filing returns advises the registrar of the circumstances described in paragraph (a) in the prescribed form and manner before the expiry of the period within which the return must be filed under paragraph (2)(b).
(2) and (3) Relevant portion of subsection 7(3):
(3) The return shall set out the following information:
...
(f.1) if the employer is a corporation, the name of
(i) each senior officer any part of whose duties is as described in paragraph (1)(a), and
(ii) any other employee any part of whose duties is as described in paragraph (1)(a), if that part constitutes a significant part of the duties of that employee;
(g) if the return is filed under paragraph (2)(a), particulars to identify the subject-matter of any communication between any employee named in the return and a public office holder in respect of any matter described in subparagraphs (1)(a)(i) to (v) during the period between the date on which the requirement to file a return first arises under subsection (1) and the date of filing, and any other information respecting that subject-matter that is prescribed;
(h) if the return is filed under paragraph (2)(b), particulars to identify the subject-matter of any communication between any employee named in the return and a public office holder in respect of any matter described in subparagraphs (1)(a)(i) to (v) during a six-month period referred to in paragraph (2)(b) and any other information respecting that subject-matter that is prescribed;
(h.1) if any employee named in the return communicates with a public office holder in respect of any matter described in subparagraphs (1)(a)(i) to (v) during the period between the expiry of a six-month period referred to in paragraph (2)(b) and the date on which the return is filed under that paragraph, particulars to identify the subject-matter of the communication and any other information respecting that subject-matter that is prescribed;
(h.2) if any employee named in the return is expected to communicate with a public office holder in respect of any matter described in subparagraphs (1)(a)(i) to (v) during the six-month period after the date of filing under paragraph (2)(a), or during the six-month period after the expiry of a six-month period referred to in paragraph (2)(b), particulars to identify the subject-matter of the communication and any other information respecting that subject-matter that is prescribed;
(h.3) if any employee named in the return is a former public office holder, a description of the offices held;
...
(j) the name of any department or other governmental institution in which a public office holder is employed or serves, if any employee named in the return,
(i) communicates with the public office holder in respect of any matter described in subparagraphs (1)(a)(i) to (v) during the period referred to in paragraph (g), (h) or (h.1), or
(ii) is expected to communicate with the public office holder in respect of any matter described in subparagraphs (1)(a)(i) to (v) during either of the periods referred to in paragraph (h.2);
(k) particulars to identify any communication technique, including grass-roots communication within the meaning of paragraph 5(2)(j), that any employee named in the return
(i) uses in connection with any communication in respect of any matter described in subparagraphs (1)(a)(i) to (v) during the period referred to in paragraph (g), (h) or (h.1), or
(ii) is expected to use in connection with any communication in respect of any matter described in subparagraphs (1)(a)(i) to (v) during either of the periods referred to in paragraph (h.2); and
(4) Existing text of subsection 7(4):
(4) If an employee who has been named in a return no longer performs any of the duties described in paragraph (1)(a) or is no longer employed by the employer, the officer responsible for filing returns shall, in the prescribed form and manner, not later than thirty days after the change occurs, advise the registrar of the change.
Clause 71: Existing text of section 8:
8. The Registrar General of Canada may designate any person employed in the office of the Registrar General of Canada as the registrar for the purposes of this Act.
Clause 72: Existing text of subsection 9(1):
9. (1) The registrar shall establish and maintain a registry in which shall be kept a record of all returns and other documents submitted to the registrar under this Act.
Clause 73: New.
Clause 74: Existing text of subsection 10(1):
10. (1) The registrar may issue advisory opinions and interpretation bulletins with respect to the enforcement, interpretation or application of this Act other than under sections 10.2 to 10.6.
Clause 75: New.
Clause 76 : New.
Clause 77: (1) Existing text of subsections 10.4(1) and (2):
10.4 (1) Where the registrar believes on reasonable grounds that a person has breached the Code, the registrar shall investigate to determine whether a breach has occurred.
(2) For the purpose of conducting the investigation, the registrar may
(a) in the same manner and to the same extent as a superior court of record,
(i) summon and enforce the attendance of persons before the registrar and compel them to give oral or written evidence on oath, and
(ii) compel persons to produce any documents or other things that the registrar considers necessary for the investigation, including any record of a payment received, disbursement made or expense incurred by an individual who is required to file a return under subsection 5(1) or by an employee who, in accordance with paragraph 7(3)(f) or (f.1), is named in a return filed under subsection 7(1), in respect of any matter referred to in any of subparagraphs 5(1)(a)(i) to (vi) or 7(1)(a)(i) to (v), as the case may be; and
(b) administer oaths and receive and accept information, whether or not it would be admissible as evidence in a court of law.
(2) Relevant portion of section 10.4:
(6) The registrar, and every person acting on behalf of or under the direction of the registrar, may not disclose any information that comes to their knowledge in the performance of their duties and functions under this section, unless
(a) the disclosure is, in the opinion of the registrar, necessary for the purpose of conducting an investigation under this section or establishing the grounds for any findings or conclusions contained in a report under section 10.5;
(b) the information is disclosed in a report under section 10.5 or in the course of a prosecution for an offence under section 131 of the Criminal Code (perjury) in respect of a statement made to the registrar; or
(c) the registrar believes on reasonable grounds that the disclosure is necessary for the purpose of advising a peace officer having jurisdiction to investigate an alleged offence under this or any other Act of Parliament or of the legislature of a province.
(c) the Ethics Counsellor believes on reasonable grounds that the disclosure is necessary for the purpose of advising a peace officer having jurisdiction to investigate an alleged offence under this or any other Act of Parliament or of the legislature of a province.
(7) If, during the course of performing duties and functions under this section, the registrar believes on reasonable grounds that a person has committed an offence under this or any other Act of Parliament or of the legislature of a province, the registrar shall advise a peace officer having jurisdiction to investigate the alleged offence.
(8) The registrar must immediately suspend an investigation under this section of an alleged breach of the Code by any person if
(a) the registrar believes on reasonable grounds that the person has committed an offence under this or any other Act of Parliament or of the legislature of a province in respect of the same subject-matter; or
(b) it is discovered that the subject-matter of the investigation under this section 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 with respect to that subject-matter.
(9) The registrar may not continue an investigation under this section until any investigation or charge regarding the same subject-matter has been finally disposed of.
(7) If, during the course of performing duties and functions under this section, the Ethics Counsellor believes on reasonable grounds that a person has committed an offence under this or any other Act of Parliament or of the legislature of a province, the Ethics Counsellor shall advise a peace officer having jurisdiction to investigate the alleged offence.
(8) The registrar must immediately suspend an investigation under this section of an alleged breach of the Code by any person if
(a) the registrar believes on reasonable grounds that the person has committed an offence under this or any other Act of Parliament or of the legislature of a province in respect of the same subject-matter; or
(b) it is discovered that the subject-matter of the investigation under this section 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 with respect to that subject-matter.
(9) The registrar may not continue an investigation under this section until any investigation or charge regarding the same subject-matter has been finally disposed of.
Clause 78: Existing text of sections 10.5 to 11:
10.5 (1) After conducting an investigation, the registrar shall prepare a report of the investigation, including the findings, conclusions and reasons for the registrar’s conclusions, and submit it to the Registrar General of Canada who shall cause a copy of it to be laid before each House of Parliament on any of the first fifteen sitting days on which that House is sitting after it is received.
(2) The report may contain details of any payment received, disbursement made or expense incurred by an individual who is required to file a return under subsection 5(1) or by an employee who, in accordance with paragraph 7(3)(f) or (f.1), is named in a return filed under subsection 7(1), in respect of any matter referred to in any of subparagraphs 5(1)(a)(i) to (vi) or 7(1)(a)(i) to (v), as the case may be, if the registrar considers publication of the details to be in the public interest.
10.6 The registrar shall, within three months after the end of each fiscal year, prepare a report with regard to the exercise of the powers, duties and functions conferred on the registrar under this Act during the fiscal year and submit the report to the Registrar General of Canada who shall cause a copy of it to be laid before each House of Parliament on any of the first fifteen sitting days on which that House is sitting after it is received.
ANNUAL REPORT
11. (1) The registrar shall, within three months after the end of each fiscal year, prepare a report with regard to the administration of this Act, other than sections 10.2 to 10.6, during that fiscal year and submit the report to the Registrar General of Canada.
(2) The Registrar General of Canada shall cause a copy of the report prepared pursuant to subsection (1) to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after it is received.
Clause 79: New.
Clause 80: Existing text of section 14:
14. (1) Every individual who contravenes any provision of this Act, other than subsection 10.3(1), or the regulations is guilty of an offence and liable on summary conviction to a fine not exceeding twenty-five thousand dollars.
(2) Every individual who knowingly makes any false or misleading statement in any return or other document submitted to the registrar under this Act, whether in electronic or other form, is guilty of an offence and liable
(a) on summary conviction, to a fine not exceeding twenty-five thousand dollars or to imprisonment for a term not exceeding six months, or to both; and
(b) on proceedings by way of indictment, to a fine not exceeding one hundred thousand dollars or to imprisonment for a term not exceeding two years, or to both.
(3) Proceedings by way of summary conviction in respect of an offence under this section may be instituted at any time within but not later than two years after the time when the subject-matter of the proceedings arose.
Access to Information Act
Clause 89: New.
Official Languages Act
Clause 96 : Relevant portion of subsection 24(3) :
(3) Without restricting the generality of subsection (2), the duty set out in that subsection applies in respect of
Parliament of Canada Act
Clause 99: New.
Public Service Employment Act
Clause 100: Relevant portion of subsection 22(2):
(2) Without limiting the generality of subsection (1), the Commission may make regulations
(a) establishing for any person or class of persons a right to be appointed — in priority to all persons other than those referred to in section 40 and subsections 41(1) to (4) — during the period specified by the Commission, to any position for which the Commission is satisfied that they meet the essential qualifications referred to in paragraph 30(2)(a);
Clause 101: New.
Clause 102: Existing text of section 38:
38. Paragraph 30(2)(b) does not apply in relation to any appointment made under subsection 15(6) (re-appointment on revocation by deputy head), section 40 (priorities — surplus employees), any of subsections 41(1) to (4) (other priorities) or section 73 (re-appointment on revocation by Commission) or 86 (re-appointment following Tribunal order), or under any regulations made pursuant to paragraph 22(2)(a).
Clause 103: (1) Existing text of subsections 41(2) and (3):
(2) Priority for appointment over all other persons shall be given to a person employed in the office of a minister, or in the office of a person holding the recognized position of Leader of the Opposition in the Senate or Leader of the Opposition in the House of Commons, for a period of one year after the person ceases to be so employed, if
(a) the person was an employee immediately before becoming employed in that office; or
(b) while employed in that office the person was found by the Commission, in an advertised external appointment process, to have met the essential qualifications for an appointment to the public service.
(3) Priority for appointment, to a position at a level at least equivalent to that of executive assistant to a deputy head, shall be given over all other persons to a person who for at least three years has been employed as the executive assistant, special assistant or private secretary in an office referred to in subsection (2) or in any of those capacities successively, for a period of one year after they cease to be employed.
(2) Existing text of subsections 41(5) and (6):
(5) The priority of a person referred to in any of subsections (1) to (4) applies with respect to any position if the Commission is satisfied that that person meets the essential qualifications referred to in paragraph 30(2)(a).
(6) The order of appointment among persons described in subsections (1) to (4) shall follow the order of those subsections, and persons described in each of those subsections shall be appointed in the order determined by the Commission.
Clause 104: Existing text of subsection 53(2):
(2) A deputy head may deploy a person without regard to any other person’s right to be appointed under subsections 41(1) to (4) or any regulations made pursuant to paragraph 22(2)(a).
Clause 105: Existing text of section 87:
87. No complaint may be made under section 77 in respect of an appointment under subsection 15(6) (re-appointment on revocation by deputy head), section 40 (priorities — surplus employees), any of subsections 41(1) to (4) (other priorities) or section 73 (re-appointment on revocation by Commission) or 86 (re-appointment following Tribunal order), or under any regulations made pursuant to paragraph 22(2)(a).
Clause 106: New.
Access to Information Act
Clause 109: (1) Existing text of subsections 54(1) and (2):
54. (1) The Governor in Council shall, by commission under the Great Seal, appoint an Information Commissioner after approval of the appointment by resolution of the Senate and House of Commons.
(2) Subject to this section, the Information Commissioner holds office during good behaviour for a term of seven years, but may be removed by the Governor in Council at any time on address of the Senate and House of Commons.
(2) Existing text of subsection 54(4):
(4) In the event of the absence or incapacity of the Information Commissioner, or if the office of Information Commissioner is vacant, the Governor in Council may appoint another qualified person to hold office instead of the Commissioner for a term not exceeding six months, and that person shall, while holding that office, have all of the powers, duties and functions of the Information Commissioner under this or any other Act of Parliament and be paid such salary or other remuneration and expenses as may be fixed by the Governor in Council.
Auditor General Act
Clause 110: (1) Existing text of subsections 3(1) and (2):
3. (1) The Governor in Council shall, by commission under the Great Seal, appoint a qualified auditor to be the officer called the Auditor General of Canada to hold office during good behaviour for a term of ten years, but the Auditor General may be removed by the Governor in Council on address of the Senate and House of Commons.
(2) Notwithstanding subsection (1), the Auditor General ceases to hold office on attaining the age of sixty-five years.
(2) Existing text of subsection 3(4):
(4) In the event of the absence or incapacity of the Auditor General or if the office of Auditor General is vacant, the Governor in Council may appoint a person temporarily to perform the duties of Auditor General.
Canada Elections Act
Clause 111: New.
Official Languages Act
Clause 112: (1) Existing text of subsections 49(1) and (2):
49. (1) There shall be a Commissioner of Official Languages for Canada who shall be appointed by commission under the Great Seal after approval of the appointment by resolution of the Senate and House of Commons.
(2) Subject to this section, the Commissioner holds office during good behaviour for a term of seven years, but may be removed by the Governor in Council at any time on address of the Senate and House of Commons.
(2) Existing text of subsection 49(4):
(4) In the event of the absence or incapacity of the Commissioner, or if the office of Commissioner of Official Languages for Canada is vacant, the Governor in Council, after consultation by the Prime Minister with the Speaker of the Senate and the Speaker of the House of Commons, may appoint another qualified person to hold office during the absence or incapacity of the Commissioner or while the office is vacant for a term not exceeding six months, and that person shall, while holding office, have all of the powers, duties and functions of the Commissioner under this Act and be paid such salary or other remuneration and expenses as may be fixed by the Governor in Council.
Parliament of Canada Act
Clause 113: New.
Clause 114: Existing text of subsection 20.2(2):
(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.
Clause 115: New.
Clause 116: Existing text of subsection 72.02(2):
(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.
Clause 117: Existing text of subsection 75(4):
(4) Such officers, other than the Parliamentary Librarian and the Associate Parliamentary Librarian, and such clerks and servants as are authorized by law and required for the service of the Library may be appointed in the manner prescribed by law to hold office during pleasure.
Clause 118: Existing text of section 78:
78. The Parliamentary Librarian, the Associate Parliamentary Librarian and the other officers, clerks and servants of the Library are responsible for the faithful discharge of their official duties, as defined by regulations agreed on by the Speakers of the two Houses of Parliament and concurred in by the joint committee referred to in section 74.
Clause 119: New.