Bill C-2

Parliament of Canada Act

99. The Parliament of Canada Act is amended by adding the following after section 41:

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.

(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).

(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.

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.

(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.

(3) Section 126 of the Criminal Code does not apply in respect of a contravention of subsection (1).

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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

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:

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:

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:

(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).

(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:

(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:

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

127.1 (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, a deputy minister or a deputy head.

Transitional Provision

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

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.

(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.

(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.

(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.

(5) Sections 65 to 82, 84 to 88 and 89 to 98 come into force on a day or days to be fixed by order of the Governor in Council.

(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

Access to Information Act

109. (1) Subsections 54(1) and (2) of the Access to Information Act are replaced by the following:

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.

(1.1) [Deleted]

(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:

(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.

Auditor General Act

110. (1) Subsections 3(1) and (2) of the Auditor General Act are replaced by the following:

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.

(1.1) [Deleted]

(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.

(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:

(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.

111. [Deleted]

Official Languages Act

112. (1) Subsections 49(1) and (2) of the Official Languages Act are replaced by the following:

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.

(1.1) [Deleted]

(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:

(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.

Parliament of Canada Act

113. [Deleted]

114. Subsection 20.2(2) of the Parliament of Canada Act is replaced by the following:

(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.

115. [Deleted]

116. Subsection 72.02(2) of the Act is replaced by the following:

(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:

(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:

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:

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.

(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 five years.

(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.

(4) The Parliamentary Budget Officer shall be paid the remuneration and expenses set by the Governor in Council.

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, the estimates of the government 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 estimates and 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 committee of the Senate or of the House of Commons, or a committee of both Houses, that is mandated to consider the estimates of the government, undertake research for that committee into those estimates;

(d) 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

(e) 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.

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.

(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).

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.

79.5 (1) 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.

(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.

(3) The Parliamentary Budget Officer may authorize a person employed in the Library of Parliament to assist him or her to exercise any of the powers under subsection (1) or (2), subject to the conditions that the Parliamentary Budget Officer sets.

Privacy Act

120. (1) Subsections 53(1) and (2) of the Privacy Act are replaced by the following:

53. (1) The Governor in Council shall, by commission under the Great Seal, appoint a Privacy 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.

(1.1) [Deleted]

(2) Subject to this section, the Privacy 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 53(4) of the Act is replaced by the following:

(4) In the event of the absence or incapacity of the Privacy 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.

Public Servants Disclosure Protection Act

121. (1) Subsections 39(1) and (2) of the Public Servants Disclosure Protection Act are replaced by the following:

39. (1) The Governor in Council shall, by commission under the Great Seal, appoint a Public Sector Integrity 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.

(1.1) [Deleted]

(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 39(4) of the Act is replaced by the following:

(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.

Transitional Provision

122. A person who holds office under one of the following provisions immediately before the day on which this section comes into force continues in office and is deemed to have been appointed under that provision, as amended by sections 109 to 113, 115, 120 and 121, to hold office for the remainder of the term for which he or she had been appointed:

(a) the Information Commissioner under section 54 of the Access to Information Act;

(b) the Auditor General of Canada under section 3 of the Auditor General Act;

(c) the Chief Electoral Officer under section 13 of the Canada Elections Act;

(d) the Commissioner of Official Languages for Canada under section 49 of the Official Languages Act;

(e) the Senate Ethics Officer under section 20.1 of the Parliament of Canada Act;

(f) the Ethics Commissioner under section 72.01 of the Parliament of Canada Act;

(g) the Privacy Commissioner under section 53 of the Privacy Act; and

(h) the Public Sector Integrity Commissioner under section 39 of the Public Servants Disclosure Protection Act.

PART 3

OFFICE OF THE DIRECTOR OF PUBLIC PROSECUTIONS, ADMINISTRATIVE TRANSPARENCY AND DISCLOSURE OF WRONGDOING

Director of Public Prosecutions Act

Enactment of Act

123. The Director of Public Prosecutions Act is enacted as follows:

An Act respecting the office of the Director of Public Prosecutions

SHORT TITLE

1. This Act may be cited as the Director of Public Prosecutions Act.

INTERPRETATION

2. The following definitions apply in this Act.

“Attorney General” means the Attorney General of Canada.

“prosecution”, except in relation to matters referred to in subsection 3(8), means a prosecution under the jurisdiction of the Attorney General, a proceeding respecting any offence, the prosecution — or prospective prosecution — of which is under the jurisdiction of the Attorney General, and any appeal related to such a prosecution or proceeding.

DIRECTOR OF PUBLIC PROSECUTIONS

3. (1) The Governor in Council shall, on the recommendation of the Attorney General, appoint a Director of Public Prosecutions (in this Act referred to as the “Director”) in accordance with section 4.

(2) The Director has the rank and status of a deputy head of a department.

(3) The Director, under and on behalf of the Attorney General,

(a) initiates and conducts prosecutions on behalf of the Crown, except where the Attorney General has assumed conduct of a prosecution under section 15;

(b) intervenes in any matter that raises a question of public interest that may affect the conduct of prosecutions or related investigations, except in proceedings in which the Attorney General has decided to intervene under section 14;

(c) [Deleted]

(d) issues guidelines to persons acting as federal prosecutors respecting the conduct of prosecutions generally;

(e) advises law enforcement agencies or investigative bodies in respect of prosecutions generally or in respect of a particular investigation that may lead to a prosecution;

(f) communicates with the media and the public on all matters respecting the initiation and conduct of prosecutions;

(g) exercises the authority of the Attorney General respecting private prosecutions, including to intervene and assume the conduct of — or direct the stay of — such prosecutions; and

(h) exercises any other power or carries out any other duty or function assigned to the Director by the Attorney General that is compatible with the office of Director.

(4) For the purpose of exercising the powers and performing the duties and functions referred to in subsection (3), the Director is the Deputy Attorney General of Canada.

(5) For greater certainty, guidelines referred to in paragraph (3)(d) are not statutory instruments within the meaning of the Statutory Instruments Act.

(6) Any assignment under paragraph (3)(h) must be in writing and be published by the Attorney General in the Canada Gazette.

(7) The Director may, for the purposes of exercising the powers and performing the duties and functions referred to in subsection (3), enter into an agreement or arrangement on behalf of the Attorney General with the government of a province.

(8) The Director initiates and conducts prosecutions on behalf of the Crown with respect to any offences under the Canada Elections Act, as well as any appeal or other proceeding related to such a prosecution.

(9) The Director may, under and on behalf of the Attorney General, exercise any powers or perform any duties or functions of the Attorney General under the Extradition Act or the Mutual Legal Assistance in Criminal Matters Act.

4. (1) The Attorney General shall establish a selection committee consisting of the following members:

(a) a person named by the Federation of Law Societies of Canada;

(b) a person named by each recognized political party in the House of Commons;

(c) the Deputy Minister of Justice;

(d) the Deputy Minister of the Department of Public Safety and Emergency Preparedness; and

(e) a person selected by the Attorney General.

(2) The Attorney General shall submit to the selection committee a list of not more than 10 candidates whom he or she considers suitable to be appointed as Director, each of whom must be a member of at least 10 years standing at the bar of any province. The committee shall assess the candidates and recommend three of them to the Attorney General.

(3) The Attorney General shall, from among those three candidates, select the one whom he or she considers most suitable for the office of Director.

(4) The question of the appointment of the selected candidate shall be referred for approval to a committee designated or established by Parliament for that purpose.

(5) The Attorney General shall, if the parliamentary committee gives its approval, recommend to the Governor in Council that the selected candidate be appointed as Director or, if the parliamentary committee does not give its approval, refer to the committee the appointment of another candidate recommended under subsection (2).

5. (1) The Director holds office, during good behaviour, for a term of seven years, but may be removed by the Governor in Council at any time for cause with the support of a resolution of the House of Commons to that effect. The Director is not eligible to be reappointed for a further term of office.

(2) At the end of the Director’s term, the Director shall continue in office until his or her successor is appointed.

(3) The Director shall engage exclusively in the duties and functions of his or her office under this Act or any other Act of Parliament and shall not hold any other office or engage in any other employment for reward.

(4) In the event of the incapacity of the Director or a vacancy in that office, the Governor in Council may authorize a Deputy Director of Public Prosecutions to act as Director, but no person may act as Director for a period exceeding 12 months without the approval of the Governor in Council.

(5) The Director shall be paid the remuneration and expenses that are fixed by the Governor in Council. Once fixed, the remuneration may not be reduced.

DEPUTY DIRECTORS, PROSECUTORS AND OTHER STAFF

6. (1) The Governor in Council shall, on the recommendation of the Attorney General, appoint one or more members of at least 10 years’ standing at the bar of any province to be Deputy Directors of Public Prosecutions.

(2) The Attorney General may only make the recommendation after consultation with a selection committee consisting of the Director, a person representing the Federation of Law Societies of Canada and the Deputy Minister of Justice.

(3) Under the supervision of the Director, a Deputy Director may exercise any of the powers and perform any of the duties or functions referred to in subsection 3(3) and, for that purpose, is a lawful deputy of the Attorney General.

(4) Under the supervision of the Director, a Deputy Director may also act for or on behalf of the Director in the exercise of any of the other powers or the performance of any of the other duties or functions that the Director is authorized to exercise or perform under this or any other Act of Parliament.

7. (1) The federal prosecutors that are necessary to enable the Director to perform any of the duties or functions of his or her office shall be appointed in accordance with the Public Service Employment Act.

(2) The Director may also for that purpose retain, on behalf of Her Majesty, the services of barristers and, in the Province of Quebec, advocates to act as federal prosecutors and, with the approval of the Treasury Board, may fix and pay their fees, expenses and other remuneration.

(3) A person appointed under subsection (1) or whose services are retained under subsection (2) must be a member of the bar of a province.

8. (1) Any other officers and employees that are necessary to enable the Director to perform any of the duties and functions of his or her office shall be appointed in accordance with the Public Service Employment Act.

(2) The Director may engage the services of persons having technical or specialized knowledge of any matter relating to the Director’s work to advise and assist the Director in performing any of the duties and functions of his or her office and, with the approval of the Treasury Board, may fix and pay the remuneration and expenses of those persons.

DELEGATION

9. (1) The Director may, subject to any restrictions or limitations that the Director specifies, authorize a federal prosecutor, a person acting as a federal prosecutor under subsection 7(2) or any person referred to in subsection 8(1) to act for or on behalf of the Director in the exercise of any of the powers or the performance of any of the duties or functions that the Director is authorized to exercise or perform under this or any other Act of Parliament, except the power to delegate under this subsection.

(2) Every person who is authorized under subsection (1) acts as an agent of the Director and is not required to prove such authorization.

(3) The Director, a Deputy Director and any person referred to in subsection 7(3) may be designated as an agent of the Minister of Public Safety and Emergency Preparedness under section 185 of the Criminal Code.

DIRECTIVES

10. (1) Any directive that the Attorney General issues to the Director with respect to the initiation or conduct of any specific prosecution must be in writing and be published in the Canada Gazette.

(2) The Attorney General may, after consulting the Director, issue directives respecting the initiation or conduct of prosecutions generally. Any such directives must be in writing and be published in the Canada Gazette.

11. (1) The Attorney General or the Director may, if he or she considers it to be in the interests of the administration of justice, direct that the publication in the Canada Gazette of a directive referred to in subsection 10(1) be delayed.

(2) The publication of a directive may not be delayed beyond the completion of the prosecution or any related prosecution.

12. For greater certainty, directives issued under section 10 are not statutory instruments within the meaning of the Statutory Instruments Act.

ISSUES OF GENERAL OR PUBLIC INTEREST

13. The Director must inform the Attorney General in a timely manner of any prosecution, or intervention that the Director intends to make, that raises important questions of general interest.

14. When, in the opinion of the Attorney General, proceedings raise questions of public interest, the Attorney General may, after notifying the Director, intervene in first instance or on appeal.

ASSUMING CONDUCT OF PROSECUTION

15. (1) The Attorney General may only assume conduct of a prosecution after first consulting the Director. The Attorney General must then give to the Director a notice of intent to assume conduct of the prosecution and publish it in the Canada Gazette without delay.

(2) The Director is required to turn the prosecution file over to the Attorney General and to provide any information that the Attorney General requires within the time specified.

(3) However, publication may be delayed if the Attorney General or the Director considers it to be in the interests of the administration of justice.

ANNUAL REPORT

16. (1) The Director shall, not later than June 30 of each year, report to the Attorney General in respect of the activities of the office of the Director — except in relation to matters referred to in subsection 3(8) — in the immediately preceding fiscal year.

(2) The Attorney General shall cause a copy of the Director’s report to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after he or she receives the report.

Transitional Provisions

124. In sections 125 to 129 of this Act, “other Act” means the Director of Public Prosecutions Act, as enacted by section 123 of this Act.

125. (1) The person who holds the position of Assistant Deputy Attorney General (Criminal Law) in the Department of Justice immediately before the day on which this section comes into force is authorized to act as the Director of Public Prosecutions under the other Act until the appointment of the Director of Public Prosecutions under subsection 3(1) of the other Act.

(2) That person may authorize two members of at least 10 years’ standing at the bar of any province to act as Deputy Directors of Public Prosecutions under the other Act until the appointment of a Deputy Director of Public Prosecutions under subsection 6(1) of the other Act.

126. (1) The coming into force of the other Act shall not be construed as affecting the status of an employee who occupied, immediately before the day on which the other Act comes into force, a position in the Department of Justice in the administrative unit known as the Federal Prosecution Service, except that the employee from that day occupies that position in the Office of the Director of Public Prosecutions.

(2) The Governor in Council may, by order made on the recommendation of the Treasury Board, if the Governor in Council is of the opinion that an employee or class of employees in the Department of Justice is carrying out powers, duties or functions that are in whole or in part in support of or related to the powers, duties and functions of employees referred to in subsection (1) and that it is in the best interests of the core public administration to do so, declare that the employee or class of employees shall, on the day on which the order comes into force, occupy their positions in the Office of the Director of Public Prosecutions.

(3) In this section, “employee” has the same meaning as in subsection 2(1) of the Public Service Employment Act.

127. Any barrister or, in the Province of Quebec, any advocate whose services were retained, immediately before the day on which the other Act comes into force, to act as a prosecutor for the Crown in connection with any matter is deemed, on that day, to have had his or her services retained under subsection 7(2) of the other Act to act in connection with that matter.

128. Any amount that is appropriated, for the fiscal year in which the other Act comes into force, by an appropriation Act based on the Estimates for that year for defraying the charges and expenses of the Department of Justice in relation to duties and functions carried out by the administrative unit known as the Federal Prosecution Service and that, on the day on which the other Act comes into force, is unexpended, is deemed to be an amount appropriated for defraying the charges and expenses of the Office of the Director of Public Prosecutions.

129. (1) Any prosecution to which the Attorney General of Canada is a party and that is ongoing on the day on which the other Act comes into force is continued by the Director of Public Prosecutions without further formality.

(2) In subsection (1), “prosecution” has the same meaning as in section 2 of the other Act.

130. Any prosecution for an offence under the Canada Elections Act that is pending immediately before the day on which sections 123 and 132 to 138 of this Act come into force may continue to be conducted by the Commissioner of Canada Elections, as well as any appeal or other proceeding related to such a prosecution as if those sections had not come into force.

Consequential Amendments

Access to Information Act

131. Schedule I to the Access to Information Act is amended by adding the following in alphabetical order under the heading “Other Government Institutions”:

Office of the Director of Public Prosecutions

Canada Elections Act

132. Section 511 of the Canada Elections Act is replaced by the following:

511. (1) If the Commissioner believes on reasonable grounds that an offence under this Act has been committed, the Commissioner may refer the matter to the Director of Public Prosecutions who shall decide whether to initiate a prosecution.

(2) If the Director decides to initiate a prosecution, the Director shall request the Commissioner to cause an information in writing and under oath or solemn declaration to be laid before a justice, as defined in section 2 of the Criminal Code.

(3) For the purposes of section 487 of the Criminal Code, any person charged by the Commissioner with duties relating to the administration or enforcement of this Act is deemed to be a public officer.

133. (1) Subsection 512(1) of the Act is replaced by the following:

512. (1) No prosecution for an offence under this Act may be instituted by a person other than the Director of Public Prosecutions without the Director’s prior written consent.

(2) Subsection 512(3) of the Act is replaced by the following:

(3) Every document purporting to be the Director’s consent under subsection (1) is deemed to be that consent unless it is called into question by the Director or by someone acting for the Director or for Her Majesty.

134. Section 513 of the Act is replaced by the following:

513. The Commissioner, where he or she considers it to be in the public interest, may take any measures, including incurring any expenses, in relation to an inquiry, injunction or compliance agreement under this Act.

135. (1) Subsection 517(1) of the Act is replaced by the following:

517. (1) Subject to subsection (7), if the Commissioner believes on reasonable grounds that a person has committed, is about to commit or is likely to commit an act or omission that could constitute an offence under this Act, the Commissioner may enter into a compliance agreement, aimed at ensuring compliance with this Act, with that person (in this section and sections 518 to 521 called the “contracting party”).

(2) Subsections 517(6) to (8) of the Act are replaced by the following:

(6) If a matter has not yet been referred to the Director of Public Prosecutions when a compliance agreement is entered into, no such referral may be made for an act or omission that led to the agreement unless there is non-compliance with it.

(7) If a matter has already been referred to the Director of Public Prosecutions, whether or not a prosecution has been initiated, the Director may — if, after consultation with the Commissioner, the Director considers that a compliance agreement would better serve the public interest — remit the matter back to the Commissioner so that it may be so dealt with.

(8) When a compliance agreement is entered into, any prosecution of the contracting party for an act or omission that led to it is suspended and, unless there is non-compliance with it, the Director of Public Prosecutions may not institute such a prosecution.

(9) The Commissioner and the contracting party may renegotiate the terms of the compliance agreement at the request of the Commissioner or contracting party at any time before it is fully executed.

(10) The Commissioner shall provide the contracting party with a copy of a compliance agreement, without delay after it is entered into or renegotiated under subsection (9). If the matter has been referred to the Director of Public Prosecutions, the Commissioner shall also provide a copy of the compliance agreement to the Director.

136. Sections 518 and 519 of the Act are replaced by the following:

518. (1) If the Commissioner is of the opinion that the compliance agreement has been complied with, the Commissioner shall cause a notice to that effect to be served on the contracting party. If the matter has been referred to the Director of Public Prosecutions, the Commissioner shall also provide a copy of the notice to the Director.

(2) Service of the notice terminates any prosecution of the contracting party that is based on the act or omission in question and prevents the Commissioner from referring the matter to the Director of Public Prosecutions and the Director from instituting such a prosecution.

519. If the Commissioner is of the opinion that a contracting party has not complied with a compliance agreement, the Commissioner shall cause a notice of default to be served on the contracting party, informing him or her that, as the case may be, the Commissioner may refer the matter to the Director of Public Prosecutions for any action the Director considers appropriate or, if a prosecution was suspended by virtue of subsection 517(8), it may be resumed. If the matter has been referred to the Director of Public Prosecutions, the Commissioner shall also provide a copy of the notice to the Director.

137. The Act is amended by adding the following after section 535:

535.1 The Chief Electoral Officer may, before making a report under section 534 or 535, consult the Director of Public Prosecutions on any question relating to measures taken under section 511 or 512.

138. Subsection 540(4) of the Act is replaced by the following:

(4) Subsection (3) does not prohibit the Chief Electoral Officer, any authorized member of his or her staff or the Commissioner from inspecting the documents referred to in that subsection, and any of those documents may be produced by the Commissioner for the purpose of an inquiry made under section 510 or provided to the Director of Public Prosecutions who may produce them for the purpose of a prosecution — or possible prosecution — by the Director for an offence under this Act.

Department of Justice Act

139. Subsection 3(2) of the Department of Justice Act is replaced by the following:

(2) The Deputy Minister is ex officio the Deputy Attorney General except in respect of the powers, duties and functions that the Director of Public Prosecutions is authorized to exercise or perform under subsection 3(3) of the Director of Public Prosecutions Act.

Financial Administration Act

140. Schedule I.1 to the Financial Administration Act is amended by adding the following in alphabetical order in column I:

Office of the Director of Public Prosecutions

and a corresponding reference in column II to the “Minister of Justice”.

141. Schedule IV to the Act is amended by adding the following in alphabetical order:

Office of the Director of Public Prosecutions

Privacy Act

142. The schedule to the Privacy Act is amended by adding the following in alphabetical order under the heading “Other Government Institutions”:

Office of the Director of Public Prosecutions

Access to Information Act

Amendments to Act

143. (1) The definitions “designated Minister”, “head” and “record” in section 3 of the Access to Information Act are replaced by the following:

“designated Minister” means a person who is designated as the Minister under subsection 3.2(1);

“head”, in respect of a government institution, means

(a) in the case of a department or ministry of state, the member of the Queen’s Privy Council for Canada who presides over the department or ministry, or

(b) in any other case, either the person designated under subsection 3.2(2) to be the head of the institution for the purposes of this Act or, if no such person is designated, the chief executive officer of the institution, whatever their title;

“record” means any documentary material, regardless of medium or form;

144. The Act is amended by adding the following after section 3:

3.1 For greater certainty, for the purposes of this Act, information that relates to the general administration of a government institution includes information that relates to expenses paid by the institution for travel, including lodging, and hospitality.

DESIGNATION

3.2 (1) The Governor in Council may designate a member of the Queen’s Privy Council for Canada to be the Minister for the purposes of any provision of this Act.

(2) The Governor in Council may, by order, designate a person to be the head of a government institution, other than a department or ministry of state, for the purposes of this Act.

145. Section 4 of the Act is amended by adding the following after subsection (2):

(2.1) The head of a government institution shall, without regard to the identity of a person making a request for access to a record under the control of the institution, make every reasonable effort to assist the person in connection with the request, respond to the request accurately and completely and, subject to the regulations, provide access to the record in the format requested.

146. The Act is amended by adding the following in numerical order:

16.1 (1) The Auditor General of Canada shall refuse to disclose any record requested under this Act that contains information that was obtained or created by or on behalf of the Auditor General of Canada in the course of an investigation, examination or audit conducted by or under the authority of the Auditor General of Canada.

(2) The following heads of government institutions shall refuse to disclose any record requested under this Act that contains information that was obtained or created by them or on their behalf in the course of an investigation or audit conducted by them or under their authority:

(a) the Commissioner of Official Languages for Canada;

(b) the Information Commissioner; and

(c) the Privacy Commissioner.

(d) [Deleted]

147. The Act is amended by adding the following in numerical order:

16.3 Subject to section 541 of the Canada Elections Act, the Chief Electoral Officer shall refuse to disclose any record requested under this Act that contains information that was obtained or created by or on behalf of a person who conducts an investigation, examination or review in the performance of their functions under the Canada Elections Act.

148. (1) Paragraph 18(b) of the Act is replaced by the following:

(b) information the disclosure of which could reasonably be expected to prejudice the competitive position of a government institution or to interfere with contractual or other negotiations of a government institution;

(b.1) [Deleted]

(2) The portion of paragraph 18(d) of the Act before subparagraph (i) is replaced by the following:

(d) information the disclosure of which could reasonably be expected to be materially injurious to the financial interests of a government institution or to the ability of the Government of Canada to manage the economy of Canada or could reasonably be expected to result in an undue benefit to any person, including such information that relates to

149. The Act is amended by adding the following after section 18:

18.1 (1) The head of a government institution may refuse to disclose a record requested under this Act that contains trade secrets or financial, commercial, scientific or technical information that belongs to, and has consistently been treated as confidential by,

(a) the Canada Post Corporation;

(b) Export Development Canada;

(c) the Public Sector Pension Investment Board; or

(d) VIA Rail Canada Inc.

(2) However, the head of a government institution shall not refuse under subsection (1) to disclose a part of a record that contains information that relates to

(a) the general administration of an institution referred to in any of paragraphs (1)(a) to (d); or

(b) any activity of the Canada Post Corporation that is fully funded out of moneys appropriated by Parliament.

150. The Act is amended by adding the following after section 20:

20.1 [Deleted]

20.2 The head of the Public Sector Pension Investment Board shall refuse to disclose a record requested under this Act that contains advice or information relating to investment that the Board has obtained in confidence from a third party if the Board has consistently treated the advice or information as confidential.

151. (1) Paragraph 21(1)(b) of the Act is replaced by the following:

(b) an account of consultations or deliberations in which directors, officers or employees of a government institution, a minister of the Crown or the staff of a minister participate;

(2) Paragraph 21(2)(b) of the Act is replaced by the following:

(b) a report prepared by a consultant or an adviser who was not a director, an officer or an employee of a government institution or a member of the staff of a minister of the Crown at the time the report was prepared;

152. The Act is amended by adding the following after section 22:

22.1 (1) The head of a government institution may refuse to disclose any record requested under this Act that contains a draft report of an internal audit of a government institution or any related audit working paper if the record came into existence less than fifteen years before the request was made.

(2) However, the head of a government institution shall not refuse under subsection (1) to disclose a draft report of an internal audit of a government institution if a final report of the audit has been published or if a final report of the audit is not delivered to the institution within two years after the day on which the audit was first commenced.

153. Section 31 of the Act is replaced by the following:

31. A complaint under this Act shall be made to the Information Commissioner in writing unless the Commissioner authorizes otherwise. If the complaint relates to a request by a person for access to a record, it shall be made within sixty days after the day on which the person receives a notice of a refusal under section 7, is given access to all or part of the record or, in any other case, becomes aware that grounds for the complaint exist.

154. Paragraph 35(2)(c) of the French version of the Act is replaced by the following:

155. Subsection 36(3) of the Act is replaced by the following:

(3) Except in a prosecution of a person for an offence under section 131 of the Criminal Code (perjury) in respect of a statement made under this Act, in a prosecution for an offence under section 67, in a review before the Court under this Act or in an appeal from such proceedings, evidence given by a person in proceedings under this Act and evidence of the existence of the proceedings is inadmissible against that person in a court or in any other proceedings.

156. Subsection 47(2) of the Act is replaced by the following:

(2) The Court may disclose to the appropriate authority information relating to the commission of an offence against a law of Canada or a province by a director, an officer or an employee of a government institution if, in the Court’s opinion, there is evidence of such an offence.

157. Subsection 58(2) of the French version of the Act is replaced by the following:

158. Subsection 59(2) of the Act is replaced by the following:

(2) The Information Commissioner or an Assistant Information Commissioner may not delegate the investigation of a complaint resulting from a refusal by the head of a government institution to disclose all or part of a record under paragraph 13(1)(a) or (b) or section 15 except to one of eight officers or employees — or one of any greater number of officers or employees fixed by the designated Minister — specifically designated by the Commissioner for the purpose of conducting those investigations.

159. Subsection 63(2) of the Act is replaced by the following:

(2) The Information Commissioner may disclose to the Attorney General of Canada information relating to the commission of an offence against a law of Canada or a province by a director, an officer or an employee of a government institution if, in the Commissioner’s opinion, there is evidence of such an offence.

160. The heading before section 68 of the Act is replaced by the following:

EXCLUSIONS

161. The Act is amended by adding the following after section 68:

68.1 This Act does not apply to any information that is under the control of the Canadian Broadcasting Corporation that relates to its journalistic, creative or programming activities, other than information that relates to its general administration.

68.2 This Act does not apply to any information that is under the control of Atomic Energy of Canada Limited other than information that relates to

(a) its general administration; or

(b) its operation of any nuclear facility within the meaning of section 2 of the Nuclear Safety and Control Act that is subject to regulation by the Canadian Nuclear Safety Commission established under section 8 of that Act.

162. The Act is amended by adding the following after section 69.1:

GENERAL

163. (1) Subsection 70(1) of the Act is amended by striking out the word “and” at the end of paragraph (c) and by adding the following after that paragraph:

(c.1) cause statistics to be collected on an annual basis for the purpose of assessing the compliance of government institutions with the provisions of this Act and the regulations relating to access; and

(2) Section 70 of the Act is amended by adding the following after subsection (1):

(1.1) The designated Minister may fix the number of officers or employees of the Information Commissioner for the purposes of subsection 59(2).

164. (1) Paragraph 77(1)(a) of the Act is replaced by the following:

(a) prescribing limitations in respect of the format in which records are to be provided under subsection 4(2.1);

(a.1) prescribing limitations in respect of records that can be produced from machine readable records for the purpose of subsection 4(3);

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

166. Schedule I to the Act is amended by adding the following in alphabetical order under the heading “Other Government Institutions”:

Canada Foundation for Innovation

Canada Foundation for Sustainable Development Technology

Canada Millennium Scholarship Foundation

167. Schedule I to the Act is amended by adding the following in alphabetical order under the heading “Other Government Institutions”:

Office of the Auditor General of Canada

168. Schedule I to the Act is amended by adding the following in alphabetical order under the heading “Other Government Institutions”:

Office of the Chief Electoral Officer

169. 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 Official Languages

170. Schedule I to the Act is amended by adding the following in alphabetical order under the heading “Other Government Institutions”:

Office of the Information Commissioner

171. Schedule I to the Act is amended by adding the following in alphabetical order under the heading “Other Government Institutions”:

Office of the Privacy Commissioner

172. Schedule II to the Act is amended by adding, in alphabetical order, a reference to

Export Development Act

and a corresponding reference to “section 24.3”.

Canada Elections Act

Amendments to Act

173. Subsection 22(1) of the Canada Elections Act is amended by adding the following after paragraph (c):

(c.1) persons designated pursuant to subsection 28(3.1);

174. (1) Subsection 24(1) of the Act is replaced by the following:

24. (1) The Chief Electoral Officer shall appoint a returning officer for each electoral district in accordance with the process established under subsection (1.1) and may only remove him or her in accordance with the procedure established under that subsection.

(1.1) The Chief Electoral Officer shall prescribe the qualifications for the appointment of persons as returning officers, and shall establish for returning officers an external appointment process within the meaning of subsection 2(1) of the Public Service Employment Act on the basis of merit and a fair procedure for their removal on the grounds set out in subsection (7).

(1.2) The appointment of a person as a returning officer is made on the basis of merit if the Chief Electoral Officer is satisfied that the person meets the essential qualifications for the work to be performed and has regard to

(a) any additional qualifications that the Chief Electoral Officer considers to be an asset for the work to be performed; and

(b) any current or future operational requirements.

(1.3) A returning officer shall be appointed for a term of ten years.

(1.4) The Chief Electoral Officer may, after consultation with the leader of every recognized political party in the House of Commons, reappoint for another term any returning officer whose term expires and who has performed the functions of a returning officer in a satisfactory manner, whether or not other persons are considered for the appointment.

(1.5) A returning officer may, with the approval of the Chief Electoral Officer, continue in office after his or her term expires until he or she is reappointed or until another person is appointed to the office.

(2) Subsection 24(4) of the Act is replaced by the following:

(4) The office of returning officer does not become vacant unless the returning officer dies, resigns, is removed from office, reaches the end of his or her term of office or ceases to reside in the electoral district, or unless the boundaries of the electoral district are revised as a result of a representation order made under section 25 of the Electoral Boundaries Readjustment Act.

(3) The portion of subsection 24(7) of the Act before paragraph (a) is replaced by the following:

(7) The Chief Electoral Officer may remove from office any returning officer who

175. Section 25 of the Act is replaced by the following:

25. Between the 1st and 20th days of January in each year, the Chief Electoral Officer shall publish a list in the Canada Gazette of the name, address and occupation of the returning officer for each electoral district in Canada.

176. Subsections 28(2) to (4) of the Act are replaced by the following:

(3) Subject to subsection 24(1.5), if a returning officer is absent or unable to act or if a returning officer’s office is vacant, the assistant returning officer shall act in place of the returning officer.

(3.1) If a returning officer and an assistant returning officer are both absent or unable to act or if both their offices are vacant during an election period, the Chief Electoral Officer shall designate a person to act in place of the returning officer, and that person may, during and after that period, perform the duties of a returning officer in relation to that election.

(4) When the office of a returning officer becomes vacant, the Chief Electoral Officer shall appoint a new returning officer without delay.

177. Section 536 of the Act is replaced by the following:

535.2 Whenever the Chief Electoral Officer, pursuant to subsection 24(1.1), prescribes the qualifications for the appointment of persons as returning officers or establishes a process for their appointment or a procedure for their removal — or modifies those qualifications, that process or that procedure in a significant manner — the Chief Electoral Officer shall report accordingly to the Speaker of the House of Commons without delay.

536. The Speaker of the House of Commons shall submit a report received by him or her from the Chief Electoral Officer under section 534, 535 or 535.2 to the House of Commons without delay.