• (d) the Conflict of Interest and Ethics Commissioner or Senate Ethics Officer

• Marginal note:Senate and House of Commons

  (2) For greater certainty, the expression “federal board, commission or other tribunal”, as defined in subsection (1), does not include the Senate, the House of Commons, any committee or member of either House, the Senate Ethics Officer or the Conflict of Interest and Ethics Commissioner with respect to the exercise of the jurisdiction or powers referred to in section 86 of the Parliament of Canada Act.

• (b.1) the Conflict of Interest and Ethics Commissioner appointed under section 81 of the Parliament of Canada Act;

• Marginal note:Conflict of interest

  (3) All persons appointed to a commission, board or institute established under this Act shall comply with the Conflict of Interest Act as though they were public office holders as defined in that Act.

SENATE, HOUSE OF COMMONS, LIBRARY OF PARLIAMENT, OFFICE OF THE SENATE ETHICS OFFICER AND OFFICE OF THE CONFLICT OF INTEREST AND ETHICS COMMISSIONER

• (b) in the case of the staff of the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Conflict of Interest and Ethics Commissioner or the staff of members of the Senate or House of Commons, or in the case of any other person paid out of moneys appropriated by Parliament for use by the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Conflict of Interest and Ethics Commissioner,

Marginal note:Garnishment of salaries, remuneration

17. The Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer and office of the Conflict of Interest and Ethics Commissioner are, subject to this Division and any regulation made under it, bound by provincial garnishment law in respect of

Marginal note:Service binding

• 18. (1) Subject to this Division, service on the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Conflict of Interest and Ethics Commissioner of a garnishee summons, together with a copy of the judgment or order against the debtor and an application in the prescribed form, binds the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Conflict of Interest and Ethics Commissioner, as the case may be, 15 days after the day on which those documents are served.

• Marginal note:When service is effective

  (2) A garnishee summons served on the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Conflict of Interest and Ethics Commissioner is of no effect unless it is served on the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Conflict of Interest and Ethics Commissioner, as the case may be, in the first 30 days following the first day on which it could have been validly served on the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Conflict of Interest and Ethics Commissioner, as the case may be.

Marginal note:Place of service

• 19. (1) Service of documents on the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Conflict of Interest and Ethics Commissioner in connection with garnishment proceedings permitted by this Division must be effected at the place specified in the regulations.

• Marginal note:Method of service

  (2) In addition to any method of service permitted by the law of a province, service of documents on the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Conflict of Interest and Ethics Commissioner under subsection (1) may be effected by registered mail, whether within or outside the province, or by any other method prescribed.

• Marginal note:If service by registered mail

  (3) If service of a document on the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Conflict of Interest and Ethics Commissioner is effected by registered mail, the document shall be deemed to be served on the day of its receipt by the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Conflict of Interest and Ethics Commissioner, as the case may be.

• (a) in the case of a salary,

  • (i) the salary to be paid on the last day of the second pay period next following the pay period in which the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Conflict of Interest and Ethics Commissioner, as the case may be, is bound by the garnishee summons, and

  • (ii) where the garnishee summons has continuing effect under the law of the province, the salary to be paid on the last day of each subsequent pay period; or

• (b) in the case of remuneration described in paragraph 17(b),

  • (i) the remuneration payable on the fifteenth day following the day on which the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Conflict of Interest and Ethics Commissioner, as the case may be, is bound by the garnishee summons, and

  • (ii) either

    • (A) any remuneration becoming payable in the thirty days following the fifteenth day after the day on which the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Conflict of Interest and Ethics Commissioner, as the case may be, is bound by the garnishee summons that is owing on that fifteenth day or that becomes owing in the fourteen days following that fifteenth day, or

    • (B) if the garnishee summons has continuing effect under the law of the province, any remuneration becoming payable subsequent to the fifteenth day after the day on which the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Conflict of Interest and Ethics Commissioner, as the case may be, is bound by the garnishee summons.

Marginal note:Time period to respond to a garnishee summons

22. The Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Conflict of Interest and Ethics Commissioner has the following time period within which to respond to a garnishee summons:

• (a) in the case of a salary, fifteen days, or such lesser number of days as is prescribed, after the last day of the second pay period next following the pay period in which the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Conflict of Interest and Ethics Commissioner is bound by the garnishee summons; or

Marginal note:Method of response

• 23. (1) In addition to any method of responding to a garnishee summons permitted by provincial garnishment law, the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Conflict of Interest and Ethics Commissioner may respond to a garnishee summons by registered mail or by any other method prescribed.

• Marginal note:Response by registered mail

  (2) If the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Conflict of Interest and Ethics Commissioner responds to a garnishee summons by registered mail, the receipt issued in accordance with regulations relating to registered mail made under the Canada Post Corporation Act shall be received in evidence and is, unless the contrary is shown, proof that the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Conflict of Interest and Ethics Commissioner, as the case may be, has responded to the garnishee summons.

• Marginal note:Effect of payment into court

  (3) A payment into court by the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Conflict of Interest and Ethics Commissioner under this section is a good and sufficient discharge of liability, to the extent of the payment.

• Marginal note:Recovery of overpayment to debtor

  (4) If, in honouring a garnishee summons, the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Conflict of Interest and Ethics Commissioner, through error, pays to a debtor by way of salary or remuneration an amount in excess of the amount that it should have paid to that debtor, the excess becomes a debt due to the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Conflict of Interest and Ethics Commissioner, as the case may be, by that debtor and may be recovered from the debtor at any time by set-off against future moneys payable to the debtor as salary or remuneration.

• (a) specifying the place where service of documents on the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Conflict of Interest and Ethics Commissioner must be effected in connection with garnishment proceedings permitted by this Division;

Marginal note:No execution

26. No execution shall issue on a judgment given against the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Conflict of Interest and Ethics Commissioner in garnishment proceedings permitted by this Part.

• (e) any officer or employee of the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Conflict of Interest and Ethics Commissioner;

• (c) the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Conflict of Interest and Ethics Commissioner, in relation to employees thereof or employees of a committee of the Senate or House of Commons, as the case may be, or

• (c.1) the office of the Senate Ethics Officer and the office of the Conflict of Interest and Ethics Commissioner,

Marginal note:Regulations

33. The Governor in Council may make any regulations that the Governor in Council deems necessary to foster actively communications with and services from offices or facilities of federal institutions — other than the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Conflict of Interest and Ethics Commissioner — in both official languages, if those communications and services are required under this Part to be provided in both official languages.

• Marginal note:Regulations

  (3) The Governor in Council may make regulations in respect of federal institutions, other than the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Conflict of Interest and Ethics Commissioner, prescribing the manner in which any duties of those institutions under this Part are to be carried out.

Marginal note:Responsibilities of Treasury Board

• 46. (1) The Treasury Board has responsibility for the general direction and coordination of the policies and programs of the Government of Canada relating to the implementation of Parts IV, V and VI in all federal institutions other than the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer and office of the Conflict of Interest and Ethics Commissioner.

Marginal note:Regulations

93. The Governor in Council may make regulations

• (a) prescribing anything that the Governor in Council considers necessary to effect compliance with this Act in the conduct of the affairs of federal institutions other than the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Conflict of Interest and Ethics Commissioner; and

• (b) prescribing anything that is by this Act to be prescribed by regulation of the Governor in Council.

• Marginal note:Conflict of Interest Act

  (4) For greater certainty, the administration of the Conflict of Interest Act in respect of public office holders who are ministers of the Crown, ministers of state or parliamentary secretaries is not part of the duties and functions of the Senate Ethics Officer or the committee.

Conflict of Interest and Ethics Commissioner

Marginal note:Appointment

• 81. (1) The Governor in Council shall, by commission under the Great Seal, appoint a Conflict of Interest and Ethics Commissioner after consultation with the leader of every recognized party in the House of Commons and approval of the appointment by resolution of that House.

• Marginal note:Qualifications

  (2) In order to be appointed under subsection (1), a person must be

  • (a) a former judge of a superior court in Canada or of any other court whose members are appointed under an Act of the legislature of a province;

  • (b) a former member of a federal or provincial board, commission or tribunal who, in the opinion of the Governor in Council, has demonstrated expertise in one or more of the following:

    • (i) conflicts of interest,

    • (ii) financial arrangements,

    • (iii) professional regulation and discipline, or

    • (iv) ethics; or

  • (c) a former Senate Ethics Officer or former Ethics Commissioner.

• Marginal note:Reappointment

  (3) The Commissioner is eligible to be reappointed for one or more terms of up to seven years each.

Marginal note:Tenure

• 82. (1) The Commissioner holds office during good behaviour for a term of seven years but may be removed for cause by the Governor in Council on address of the House of Commons.

• Marginal note:Interim appointment

  (2) In the event of the absence or incapacity of the Commissioner, or if that office is vacant, the Governor in Council may appoint any qualified person to hold that office in the interim for a term not exceeding six months, and that person shall, while holding office, be paid the salary or other remuneration and expenses that may be fixed by the Governor in Council.

Marginal note:Remuneration

• 83. (1) The Commissioner shall be paid the remuneration and expenses set by the Governor in Council.

• Marginal note:Carrying out functions

  (2) The Commissioner shall engage exclusively in the duties and functions of the Commissioner and may not hold any office under Her Majesty or engage in any other employment for reward.

Marginal note:Deputy head

• 84. (1) The Commissioner has the rank of a deputy head of a department of the Government of Canada and has the control and management of the office of the Commissioner.

• Marginal note:Powers to contract

  (2) The Commissioner may, in carrying out the work of the office of the Commissioner, enter into contracts, memoranda of understanding or other arrangements.

• Marginal note:Staff

  (3) The Commissioner may employ any officers and employees and may engage the services of any agents and mandataries, advisers and consultants that the Commissioner considers necessary for the proper conduct of the work of the office of the Commissioner.

• Marginal note:Authorization

  (4) The Commissioner may, subject to the conditions he or she sets, authorize any person to exercise any powers under subsection (2) or (3) on behalf of the Commissioner that he or she may determine.

• Marginal note:Salaries

  (5) The salaries of the officers and employees of the office of the Commissioner shall be fixed according to the scale provided by law.

• Marginal note:Payment

  (6) The salaries of the officers and employees of the office of the Commissioner, and any casual expenses connected with the office, shall be paid out of moneys provided by Parliament for that purpose.

• Marginal note:Estimates to be prepared

  (7) Prior to each fiscal year, the Commissioner shall cause to be prepared an estimate of the sums that will be required to pay the charges and expenses of the office of the Commissioner during the fiscal year.

• Marginal note:Inclusion in government estimates

  (8) The estimate referred to in subsection (7) shall be considered by the Speaker of the House of Commons and then transmitted to the President of the Treasury Board, who shall lay it before the House of Commons with the estimates of the Government for the fiscal year.

Marginal note:Mandate

85. The mandate of the Commissioner is to

• (a) carry out the functions of the Commissioner referred to in sections 86 and 87; and

• (b) provide confidential policy advice and support to the Prime Minister in respect of conflict of interest and ethical issues in general.

Marginal note:Functions: members of House of Commons

• 86. (1) The Commissioner shall perform the duties and functions assigned by the House of Commons for governing the conduct of its members when they are carrying out the duties and functions of their office as members of that House.

• Marginal note:Privileges and immunities

  (2) The duties and functions of the Commissioner under subsection (1) are carried out within the institution of the House of Commons. The Commissioner enjoys the privileges and immunities of the House of Commons and its members when carrying out those duties and functions.

• Marginal note:General direction of committee

  (3) The Commissioner shall carry out those duties and functions under the general direction of any committee of the House of Commons that may be designated or established by that House for that purpose.

• Marginal note:Clarification — ethical principles, etc.

  (4) For greater certainty, the general direction of the committee referred to in subsection (3) does not include the administration of the Conflict of Interest Act in respect of ministers of the Crown, ministers of state or parliamentary secretaries acting in their capacity as ministers of the Crown, ministers of state or parliamentary secretaries.

• Marginal note:Clarification — powers, etc., of House of Commons

  (5) For greater certainty, this section shall not be interpreted as limiting in any way the powers, privileges, rights and immunities of the House of Commons or its members.

Marginal note:No summons

• 86.1 (1) The Commissioner, or any person acting on behalf or under the direction of the Commissioner, is not a competent or compellable witness in respect of any matter coming to his or her knowledge as a result of exercising any powers or performing any duties or functions of the Commissioner under this Act.

• Marginal note:Protection

  (2) No criminal or civil proceedings lie against the Commissioner, or any person acting on behalf or under the direction of the Commissioner, for anything done, reported or said in good faith in the exercise or purported exercise of any power, or the performance or purported performance of any duty or function, of the Commissioner under this Act.

• Marginal note:Clarification

  (3) The protection provided under subsections (1) and (2) does not limit any powers, privileges, rights and immunities that the Commissioner may otherwise enjoy.

Marginal note:Functions: public office holders

87. The Commissioner shall, in relation to public office holders, perform the duties and functions assigned to the Commissioner under the Conflict of Interest Act.

Marginal note:Use of personal information

• 88. (1) Personal information collected by the Commissioner shall not, without the consent of the individual to whom it relates, be used by the Commissioner except for the purpose for which the information was obtained or for a use consistent with that purpose.

• Marginal note:Clarification

  (2) The purpose for which information referred to in subsection (1) was obtained is determined by the section of this Act under which the Commissioner was acting when he or she obtained the information.

Marginal note:Delegation

89. The Commissioner may authorize any person to exercise or perform, subject to any restrictions or limitations that the Commissioner may specify, any of the powers, duties or functions of the Commissioner under this Act or the Conflict of Interest Act except the power to delegate under this section.

Marginal note:Annual reports

• 90. (1) Within three months after the end of each fiscal year, the Commissioner shall submit

  • (a) a report on his or her activities under section 86 for that year to the Speaker of the House of Commons, who shall table the report in that House; and

  • (b) a report on his or her activities under section 87 for that year to the Speaker of the Senate and the Speaker of the House of Commons, who shall each table the report in the House over which he or she presides.

• Marginal note:Confidentiality

  (2) The Commissioner may not include in the annual reports any information that he or she is required to keep confidential, including confidences of the Queen’s Privy Council for Canada.

• (a) the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Conflict of Interest and Ethics Commissioner, and

• (e) the office of the Conflict of Interest and Ethics Commissioner as represented by the Conflict of Interest and Ethics Commissioner;

• (c.2) the office of the Conflict of Interest and Ethics Commissioner as represented by the Conflict of Interest and Ethics Commissioner; or

“public service”

« fonction publique »

“public service” means the several positions in or under any department or portion of the executive government of Canada, except those portions of departments or portions of the executive government of Canada prescribed by the regulations and, for the purposes of this Part, of the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer and office of the Conflict of Interest and Ethics Commissioner and any board, commission, corporation or portion of the federal public administration specified in Schedule I;

Marginal note:Application to Her Majesty and Parliament

• 3. (1) Subject to subsection (2), this Act is binding on Her Majesty in right of Canada, on the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer and office of the Conflict of Interest and Ethics Commissioner and on Her Majesty in right of a province.

• Marginal note:Exemptions

  (2) The Governor in Council may by order exempt Her Majesty in right of Canada, or the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Conflict of Interest and Ethics Commissioner, as represented by the person or persons named in the order, from any or all provisions of this Act or the regulations, and such an exemption may be

  • (a) in the case of an exemption of Her Majesty in right of Canada, in respect of Her Majesty in right of Canada generally, or only in respect of a department or other body named in the order;

  • (b) either absolute or qualified; and

  • (c) of either general or specific application.

Marginal note:No impact

42. For greater certainty, no exemption granted in respect of a person under section 38 and no waiver or reduction granted in respect of a person under section 39 affects any obligation or prohibition that applies to that person under the Lobbying Act.

Marginal note:Report to Commissioner

• 37. (1) A former reporting public office holder who, during the applicable period under section 36, has any communication referred to in paragraph 5(1)(a) of the Lobbying Act or arranges a meeting referred to in paragraph 5(1)(b) of that Act shall report that communication or meeting to the Commissioner.

Marginal note:Referral from Public Sector Integrity Commissioner

68. If a matter is referred to the Commissioner under subsection 24(2.1) of the Public Servants Disclosure Protection Act, the Commissioner shall

• (a) provide the Prime Minister with a report setting out the facts in question as well as the Commissioner’s analysis and conclusions;

• (b) provide a copy of the report to the public office holder or former public office holder who is the subject of the report;

• (c) provide a copy of the report to the Public Sector Integrity Commissioner; and

• (d) make the report available to the public.

• Marginal note:Senate and House of Commons

  (2) For greater certainty, the expression “federal board, commission or other tribunal”, as defined in subsection (1), does not include the Senate, the House of Commons, any committee or member of either House, the Senate Ethics Officer or the Conflict of Interest and Ethics Commissioner with respect to the exercise of the jurisdiction or powers referred to in sections 41.1 to 41.5 and 86 of the Parliament of Canada Act.

• Marginal note:No commercial value

  (2) For the purposes of this Act, other than section 92.2, the commercial value of property or a service is deemed to be nil if

Gifts and Other Advantages

Marginal note:Definition of candidate

92.1 For the purposes of sections 92.2 to 92.6, a candidate is deemed to have become a candidate on the earlier of

• (a) the day on which he or she is selected at a nomination contest, and

• (b) the day on which the writ is issued for the election.

Marginal note:Prohibition

• 92.2 (1) No candidate shall accept any gift or other advantage that might reasonably be seen to have been given to influence him or her in the performance of his or her duties and functions as a member, were the candidate to be elected, during the period that

  • (a) begins on the day on which he or she becomes a candidate; and

  • (b) ends on the day on which he or she withdraws, in the case of a candidate who withdraws in accordance with subsection 74(1), on the day on which he or she becomes a member, in the case of a candidate who is elected, and on polling day, in any other case.

• Marginal note:Exception

  (2) Despite subsection (1), a candidate may accept a gift or other advantage that is given by a relative or as a normal expression of courtesy or protocol.

• Marginal note:Statement of candidate

  (3) The candidate shall provide the Chief Electoral Officer with a statement in the prescribed form that discloses, in respect of all gifts or other advantages that the candidate accepted during the period referred to in subsection (1) whose benefit to the candidate exceeds $500 or, if accepted from the same person or entity in that period, exceeds a total of $500, other than gifts or other advantages given by relatives or made by way of an unconditional, non-discretionary testamentary disposition,

  • (a) the nature of each gift or other advantage, its commercial value and the cost, if any, to the candidate;

  • (b) the name and address of the person or entity giving the gift or other advantage; and

  • (c) the circumstances under which the gift or other advantage was given.

• Marginal note:Clarification

  (4) For the purposes of subsection (3), the benefit to a candidate of a gift or other advantage that is a service or property, or the use of property or money, is the difference between the commercial value of the service or property or the use of the property or money and the cost, if any, to the candidate.

• Marginal note:Period for providing statement

  (5) The candidate shall provide the statement to the Chief Electoral Officer within four months after

  • (a) polling day; or

  • (b) the publication of a notice of the withdrawal or deemed withdrawal of the writ for the election.

• Marginal note:Definitions

  (6) The following definitions apply in this section.

  “common-law partnership”

  « union de fait »

  “common-law partnership” means the relationship between two persons who are cohabiting in a conjugal relationship, having so cohabited for a period of at least one year.

  “gift or other advantage”

  « cadeau ou autre avantage »

  “gift or other advantage” means

  • (a) an amount of money if there is no obligation to repay it; and

  • (b) a service or property, or the use of property or money, that is provided without charge or at less than its commercial value.

  It does not include a contribution made by an eligible individual under Part 18 to the official agent of a candidate that does not exceed the limits set out in that Part, or a provision of goods or services or a transfer of funds under section 404.2.

  “relative”

  « parent »

  “relative”, in respect of a candidate, means a person related to the candidate by marriage, common-law partnership, birth, adoption or affinity.

Marginal note:Extension or correction — Chief Electoral Officer

• 92.3 (1) The Chief Electoral Officer, on the written application of a candidate, may authorize

  • (a) the extension of the period provided in subsection 92.2(5); or

  • (b) the correction, within a specified period, of the statement referred to in subsection 92.2(3).

• Marginal note:Deadline

  (2) An application may be made

  • (a) under paragraph (1)(a), within the period provided in subsection 92.2(5); and

  • (b) under paragraph (1)(b), as soon as the candidate becomes aware of the need for correction.

• Marginal note:Grounds

  (3) The Chief Electoral Officer may not authorize an extension or correction unless he or she is satisfied by the evidence submitted by the candidate in writing that the circumstances giving rise to the application arose by reason of

  • (a) the illness of the candidate; or

  • (b) inadvertence or an honest mistake of fact.

Marginal note:Extension or correction — judge

• 92.4 (1) A candidate may apply to a judge who is competent to conduct a recount for an order authorizing an extension referred to in paragraph 92.3(1)(a) or a correction referred to in paragraph 92.3(1)(b). The applicant shall notify the Chief Electoral Officer of the application.

• Marginal note:Deadline

  (2) An application may be made within two weeks after

  • (a) the rejection of an application, made in accordance with section 92.3, for the extension or correction; or

  • (b) the expiry of the extended period or specified period authorized under paragraph 92.3(1)(a) or (b).

• Marginal note:Grounds

  (3) A judge may not grant an order unless he or she is satisfied that the circumstances giving rise to the application arose by reason of a factor referred to in either paragraph 92.3(3)(a) or (b).

• Marginal note:Contents of order

  (4) An order under subsection (1) may require that the candidate satisfy any condition that the judge considers necessary for carrying out the purposes of this Act.

Marginal note:Chief Electoral Officer to retain statements

• 92.5 (1) The Chief Electoral Officer shall retain in his or her possession the statements referred to in subsection 92.2(3) for at least one year after the return of the writ for the election.

• Marginal note:Information to be kept confidential

  (2) The Chief Electoral Officer shall keep confidential the statements provided under subsection 92.2(3).

• Marginal note:Exception

  (3) Subsection (2) does not prohibit the Commissioner from inspecting the statements referred to in that subsection, and any of those statements may be provided to the Director of Public Prosecutions and produced by that Director for the purpose of a prosecution for an offence under this Act.

Marginal note:Prohibition — false, misleading or incomplete statement

92.6 No candidate shall provide the Chief Electoral Officer with a statement referred to in subsection 92.2(3) that

• (a) the candidate knows or ought reasonably to know contains a material statement that is false or misleading; or

• (b) does not substantially set out the information required by that subsection.

Marginal note:When contributions forwarded to Receiver General

403.36 The financial agent of a registered association shall, without delay, pay an amount of money equal to the value of a contribution received by the association to the Chief Electoral Officer, who shall forward it to the Receiver General, if the name of the contributor of a contribution of more than $20, or the name or the address of the contributor having made contributions of a total amount of more than $200, is not known.

Marginal note:Prohibition — making indirect contributions

405.3 No individual shall make a contribution to a registered party, a registered association, a candidate or a leadership contestant or a nomination contestant that comes from money, property or the services of any person or entity that was provided to that individual for that purpose.

Marginal note:Limit on cash contributions

405.31 No individual shall, in respect of each contribution made under this Part, contribute cash in an amount that exceeds $20.

Marginal note:Return of contributions

405.4 If a registered party, a registered association, a candidate, a leadership contestant or a nomination contestant receives a contribution made in contravention of subsection 405(1) or 405.2(4) or section 405.3 or 405.31, the chief agent of the registered party, the financial agent of the registered association, the official agent of the candidate or the financial agent of the leadership contestant or nomination contestant, as the case may be, shall, within 30 days after becoming aware of the contravention, return the contribution unused to the contributor, or, if that is not possible, pay the amount of it or, in the case of a non-monetary contribution, an amount of money equal to its commercial value, to the Chief Electoral Officer who shall forward that amount to the Receiver General.

Marginal note:When contributions forwarded to Receiver General

425. A registered agent of a registered party shall, without delay, pay an amount of money equal to the value of a contribution received by the registered party, to the Chief Electoral Officer, who shall forward it to the Receiver General, if the name of the contributor of a contribution of more than $20, or the name or the address of the contributor having made contributions of a total amount of more than $200, is not known.

Marginal note:When contributions forwarded to Receiver General

435.32 The financial agent of a leadership contestant shall, without delay, pay an amount of money equal to the value of a contribution that the contestant received to the Chief Electoral Officer, who shall forward it to the Receiver General, if the name of the contributor of a contribution of more than $20, or the name or the address of the contributor having made contributions of a total amount of more than $200, is not known.

Marginal note:When contributions forwarded to Receiver General

452. An official agent of a candidate shall, without delay, pay an amount of money equal to the value of a contribution that the candidate received to the Chief Electoral Officer, who shall forward it to the Receiver General, if the name of the contributor of a contribution of more than $20, or the name or the address of the contributor having made contributions of a total amount of more than $200, is not known.

Marginal note:When contributions forwarded to Receiver General

478.24 The financial agent of a nomination contestant shall, without delay, pay an amount of money equal to the value of a contribution received by the contestant to the Chief Electoral Officer, who shall forward it to the Receiver General, if the name of the contributor of a contribution of more than $20, or the name or the address of the contributor having made contributions of a total amount of more than $200, is not known.

• (f.1) being a candidate, wilfully contravenes subsection 92.2(1) (accepting prohibited gift or other advantage);

Marginal note:Limitation period

• 514. (1) A prosecution for an offence under this Act may be instituted at any time but not later than five years after the day on which the Commissioner became aware of the facts giving rise to the prosecution but, in any case, not later than 10 years after the day on which the offence was committed.

• (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

Marginal note:Short title

1. This Act may be cited as the Lobbying Act.

OFFICE OF THE COMMISSIONER OF LOBBYING

Commissioner of Lobbying

Marginal note: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.

• Marginal note:Tenure of office and removal

  (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.

• Marginal note:Further terms

  (3) 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.

• Marginal note: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.

Marginal note: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.

• Marginal note: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.

• Marginal note:Remuneration and expenses

  (3) The Commissioner shall be paid the remuneration and expenses set by the Governor in Council.

• Marginal note: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.

• Marginal note: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

Marginal note: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.

• Marginal note: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

Marginal note:Delegation by Commissioner

4.4 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.

Marginal note:Confirmation of lobbying activity information

• 9.1 (1) The Commissioner may send to any present or former designated 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.

• Marginal note:Report

  (2) The Commissioner may, in a report under section 11 or 11.1, report on the failure by a present or former designated public office holder to respond relative to information sent under subsection (1) or the provision by such a person of an unsatisfactory response.

Marginal note: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.

LOBBYISTS’ REMUNERATION

Marginal note: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).

• Marginal note: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

Marginal note: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 designated 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.

• Marginal note:Exception

  (2) Subsection (1) does not apply in respect of any designated public office that was held only because the individual participated in an employment exchange program.

• Marginal note: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 designated public office holder for a short period;

  • (b) was a designated public office holder on an acting basis;

  • (c) was employed under a program of student employment; or

  • (d) had administrative duties only.

• Marginal note:Publication

  (4) The Commissioner shall without delay cause every exemption and the Commissioner’s reasons for it to be made available to the public.

Marginal note:Application for exemption

• 10.12 (1) Any person who is subject to this Act as if they were a designated public office holder by reason of subsection 2(3), may apply to the Commissioner for an exemption from section 10.11.

• Marginal note:Commissioner may exempt

  (2) The Commissioner may, on any conditions that the Commissioner specifies, exempt the person from the application of section 10.11 having regard to any circumstance or factor that the Commissioner considers relevant, including the following:

  • (a) the circumstances under which the person left the functions referred to in subsection 2(3);

  • (b) the nature, and significance to the Government of Canada, of information that the person possessed by virtue of the functions referred to in subsection 2(3);

  • (c) the degree to which the person’s new employer might gain unfair commercial advantage by hiring the person;

  • (d) the authority and influence that the person possessed while having the functions referred to in subsection 2(3); and

  • (e) the disposition of other cases.

• Marginal note:Publication

  (3) The Commissioner shall without delay cause every exemption and the Commissioner’s reasons for it to be made available to the public.

• Marginal note:Audit

  (4) The Commissioner may verify the information contained in any application under subsection (1).

INVESTIGATIONS

Marginal note: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 the Speaker of the Senate and the Speaker of the House of Commons, who shall each table the report in the House over which he or she presides forthwith after receiving it or, if that House is not then sitting, on any of the first fifteen days on which that House is sitting after the Speaker receives it.

• Marginal note: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

Marginal note: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 the Speaker of the Senate and the Speaker of the House of Commons, who shall each table the report in the House over which he or she presides forthwith after receiving it or, if that House is not then sitting, on any of the first fifteen days on which that House is sitting after the Speaker receives it.

Marginal note:Special reports

• 11.1 (1) The Commissioner may, at any time, prepare a special report 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.

• Marginal note:Tabling of special report

  (2) The Commissioner shall submit the special report to the Speaker of the Senate and the Speaker of the House of Commons, who shall each table the report in the House over which he or she presides forthwith after receiving it or, if that House is not then sitting, on any of the first fifteen days on which that House is sitting after the Speaker receives it.

• (c.1) designating, individually or by class, any position occupied by a public office holder as a position occupied by a designated public office holder for the purposes of paragraph (c) of the definition “designated public office holder” in subsection 2(1) if, in the opinion of the Governor in Council, doing so is necessary for the purposes of this Act;

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

Marginal note: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).

Marginal note: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.

Marginal note:Records relating to investigations

• 16.2 (1) 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.

• Marginal note:Exception

  (2) However, the Commissioner shall not refuse under subsection (1) to disclose any record that contains information that was 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 once the investigation and all related proceedings, if any, are finally concluded.

• Office of the Registrar of Lobbyists

  Bureau du directeur des lobbyistes

• Office of the Commissioner of Lobbying

  Commissariat au lobbying

• Office of the Registrar of Lobbyists

  Bureau du directeur des lobbyistes

• Office of the Commissioner of Lobbying

  Commissariat au lobbying

• Office of the Registrar of Lobbyists

  Bureau du directeur des lobbyistes

• Office of the Commissioner of Lobbying

  Commissariat au lobbying

• (f) the Office of the Commissioner of Lobbying.

• Office of the Registrar of Lobbyists

  Bureau du directeur des lobbyistes

• Office of the Commissioner of Lobbying

  Commissariat au lobbying

Marginal note: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.

• Marginal note: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).

• Marginal note: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.

Marginal note: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.

• Marginal note: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.

• Marginal note: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).

Marginal note:Commis­sioner’s orders

• 41.3 (1) If a trust disclosed by a member of the House of Commons 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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• (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);

Marginal note: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.

Marginal note: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).

• Marginal note: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).

Marginal note: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).

Deputy Ministers and Other Senior Officials

Marginal note:Appointment by Governor in Council

• 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.

• Marginal note:Application of Part 7

  (2) For greater certainty, the provisions of Part 7 applicable to deputy heads apply to persons appointed as such or as deputy ministers under subsection (1), and the provisions of that Part applicable to employees apply to other persons appointed under subsection (1).

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

Marginal note: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.

Marginal note: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.

• Marginal note: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 five years.

• Marginal note: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.

• Marginal note:Remuneration and expenses

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

Marginal note:Mandate

79.2 The mandate of the Parliamentary Budget Officer is to

• (a) provide independent 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 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; 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.

Marginal note: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 free and timely access to any financial or economic data in the possession of the department that are required for the performance of his or her mandate.

• Marginal note: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).

Marginal note: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.

Marginal note:Powers to contract

• 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.

• Marginal note: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.

• Marginal note:Authorization to assist

  (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.

• Marginal note:Clarification

  (4) For greater certainty, section 74 and subsection 75(2) apply in respect of the exercise of the powers described in subsections (1) to (3).

• Office of the Director of Public Prosecutions

  Bureau du directeur des poursuites pénales

Marginal note:Director of Public Prosecutions may prosecute

• 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.

• Marginal note:Information

  (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.

• Marginal note:Search and seizure

  (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.

Marginal note:Commissioner may intervene

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.

Marginal note:If agreement complied with

• 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.

• Marginal note:Effect of notice

  (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.

Marginal note:If agreement not complied with

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.

Marginal note:Consultation

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.

• Marginal note:Exception

  (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.

• Marginal note:Deputy Attorney General

  (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.

• Office of the Director of Public Prosecutions

  Bureau du directeur des poursuites pénales

• Office of the Director of Public Prosecutions

  Bureau du directeur des poursuites pénales

• Office of the Director of Public Prosecutions

  Bureau du directeur des poursuites pénales

Marginal note:For greater certainty

• 3.01 (1) For greater certainty, any provision of this Act that applies to a government institution that is a parent Crown corporation applies to any of its wholly-owned subsidiaries within the meaning of section 83 of the Financial Administration Act.

• Marginal note:For greater certainty

  (2) For greater certainty, the Canadian Race Relations Foundation and the Public Sector Pension Investment Board are parent Crown corporations for the purposes of this Act.

Marginal note:For greater certainty

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

Marginal note:Power to designate Minister

• 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.

• Marginal note:Power to designate head

  (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.

• Marginal note:Responsibility of government institutions

  (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 timely access to the record in the format requested.

Marginal note:Records relating to investigations, examinations and audits

• 16.1 (1) 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, examination or audit conducted by them or under their authority:

  • (a) the Auditor General of Canada;

  • (b) the Commissioner of Official Languages for Canada;

  • (c) the Information Commissioner; and

  • (d) the Privacy Commissioner.

• Marginal note:Exception

  (2) However, the head of a government institution referred to in paragraph (1)(c) or (d) shall not refuse under subsection (1) to disclose any record that contains information that was created by or on behalf of the head of the government institution in the course of an investigation or audit conducted by or under the authority of the head of the government institution once the investigation or audit and all related proceedings, if any, are finally concluded.

Marginal note:Investigations, examinations and reviews under the Canada Elections Act

16.3 Subject to section 541 of the Canada Elections Act, the Chief Electoral Officer may 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.

Marginal note:Economic interests of certain government institutions

• 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.

• Marginal note:Exceptions

  (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.

Marginal note:Public Sector Pension Investment Board

20.1 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.

Marginal note:Internal audits

• 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.

• Marginal note:Exception

  (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.

Marginal note:Written complaint

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.

• c) un tiers, s’il est possible de le joindre sans difficultés, dans le cas où le Commissaire à l’information a l’intention de recommander, aux termes du paragraphe 37(1), la communication de tout ou partie d’un document qui contient ou est, selon lui, susceptible de contenir des secrets industriels du tiers, des renseignements visés à l’alinéa 20(1)b) qui ont été fournis par le tiers ou des renseignements dont la communication risquerait, selon lui, d’entraîner pour le tiers les conséquences visées aux alinéas 20(1)c) ou d).

• Marginal note:Evidence in other proceedings

  (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.

• Marginal note:Disclosure of offence authorized

  (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.

• Marginal note:Assistance technique

  (2) Le Commissaire à l’information peut retenir temporairement les services d’experts ou de spécialistes dont la compétence lui est utile dans l’exercice des fonctions que lui confèrent la présente loi ou une autre loi fédérale; il peut fixer et payer, avec l’approbation du Conseil du Trésor, leur rémunération et leurs frais.

• Marginal note:Investigations relating to international affairs and defence

  (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.

• Marginal note:Disclosure of offence authorized

  (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.

EXCLUSIONS

Marginal note:Canadian Broadcasting Corporation

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.

Marginal note:Atomic Energy of Canada Limited

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.

GENERAL

Marginal note:Report of expenses

72.1 The head of a department or a ministry of state of the Government of Canada shall publish an annual report of all expenses incurred by his or her office and paid out of the Consolidated Revenue Fund.

• Atlantic Pilotage Authority

  Administration de pilotage de l’Atlantique

• Bank of Canada

  Banque du Canada

• Blue Water Bridge Authority

  Administration du pont Blue Water

• Business Development Bank of Canada

  Banque de développement du Canada

• Canada Council for the Arts

  Conseil des Arts du Canada

• Canada Deposit Insurance Corporation

  Société d’assurance-dépôts du Canada

• Canada Development Investment Corporation

  Corporation de développement des investissements du Canada

• Canada Lands Company Limited

  Société immobilière du Canada limitée

• Canada Mortgage and Housing Corporation

  Société canadienne d’hypothèques et de logement

• Canadian Air Transport Security Authority

  Administration canadienne de la sûreté du transport aérien

• Canadian Commercial Corporation

  Corporation commerciale canadienne

• Canadian Dairy Commission

  Commission canadienne du lait

• Canadian Museum of Civilization

  Musée canadien des civilisations

• Canadian Museum of Nature

  Musée canadien de la nature

• Canadian Race Relations Foundation

  Fondation canadienne des relations raciales

• Canadian Tourism Commission

  Commission canadienne du tourisme

• Cape Breton Development Corporation

  Société de développement du Cap-Breton

• Cape Breton Growth Fund Corporation

  Corporation Fonds d’investissement du Cap-Breton

• Defence Construction (1951) Limited

  Construction de défense (1951) Limitée

• Enterprise Cape Breton Corporation

  Société d’expansion du Cap-Breton

• Farm Credit Canada

  Financement agricole Canada

• The Federal Bridge Corporation Limited

  La Société des ponts fédéraux Limitée

• Freshwater Fish Marketing Corporation

  Office de commercialisation du poisson d’eau douce

• Great Lakes Pilotage Authority

  Administration de pilotage des Grands Lacs

• International Development Research Centre

  Centre de recherches pour le développement international

• The Jacques-Cartier and Champlain Bridges Inc.

  Les Ponts Jacques-Cartier et Champlain Inc.

• Laurentian Pilotage Authority

  Administration de pilotage des Laurentides

• Marine Atlantic Inc.

  Marine Atlantique S.C.C.

• National Capital Commission

  Commission de la capitale nationale

• National Gallery of Canada

  Musée des beaux-arts du Canada

• National Museum of Science and Technology

  Musée national des sciences et de la technologie

• Old Port of Montreal Corporation Inc.

  Société du Vieux-Port de Montréal Inc.

• Pacific Pilotage Authority

  Administration de pilotage du Pacifique

• Parc Downsview Park Inc.

  Parc Downsview Park Inc.

• Queens Quay West Land Corporation

  Queens Quay West Land Corporation

• Ridley Terminals Inc.

  Ridley Terminals Inc.

• Royal Canadian Mint

  Monnaie royale canadienne

• The Seaway International Bridge Corporation, Ltd.

  La Corporation du Pont international de la voie maritime, Ltée

• Standards Council of Canada

  Conseil canadien des normes

• Telefilm Canada

  Téléfilm Canada

• Canadian Wheat Board

  Commission canadienne du blé

• Asia-Pacific Foundation of Canada

  Fondation Asie-Pacifique du Canada

• Canada Foundation for Innovation

  Fondation canadienne pour l'innovation

• Canada Foundation for Sustainable Development Technology

  Fondation du Canada pour l'appui technologique au développement durable

• Canada Millennium Scholarship Foundation

  Fondation canadienne des bourses d'études du millénaire

• The Pierre Elliott Trudeau Foundation

  La Fondation Pierre-Elliott-Trudeau

• Office of the Auditor General of Canada

  Bureau du vérificateur général du Canada

• Office of the Chief Electoral Officer

  Bureau du directeur général des élections

• Office of the Commissioner of Official Languages

  Commissariat aux langues officielles

• Office of the Information Commissioner

  Commissariat à l’information

• Office of the Privacy Commissioner

  Commissariat à la protection de la vie privée

• Export Development Act

  Loi sur le développement des exportations

• Canada Elections Act

  Loi électorale du Canada

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

Marginal note:List in Canada Gazette

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.

• Marginal note:Assistant returning officer to act

  (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.

• Marginal note:Designated person to act

  (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.

• Marginal note:Appointment within limited period

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

Marginal note:Report on returning officer qualifications

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.

Marginal note:Submission of report to House of Commons

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.

Marginal note:Privileged information

• 24.3 (1) Subject to subsection (2), all information obtained by the Corporation in relation to its customers is privileged and a director, officer, employee or agent of, or adviser or consultant to, the Corporation must not knowingly communicate, disclose or make available the information, or permit it to be communicated, disclosed or made available.

• Marginal note:Authorized disclosure

  (2) Privileged information may be communicated, disclosed or made available

  • (a) for the purpose of the administration or enforcement of this Act and legal proceedings related to it;

  • (b) for the purpose of prosecuting an offence under this Act or any other Act of Parliament;

  • (c) to the Minister of National Revenue solely for the purpose of administering or enforcing the Income Tax Act or the Excise Tax Act; or

  • (d) with the written consent of the person to whom the information relates.

“government institution”

« institution fédérale »

“government institution” has the same meaning as in section 3 of the Access to Information Act or in section 3 of the Privacy Act or means an institution designated by the Governor in Council.

Marginal note:Public opinion research

15.1 Every department, as defined in section 2 of the Financial Administration Act, shall, within six months after the completion of any data collection done for the purposes of public opinion research carried out under a contract at the request of the department and for the exclusive use of Her Majesty in right of Canada, send to the Librarian and Archivist the written report referred to in subsection 40(2) of the Financial Administration Act.

Marginal note:For greater certainty

• 3.01 (1) For greater certainty, any provision of this Act that applies to a government institution that is a parent Crown corporation applies to any of its wholly-owned subsidiaries within the meaning of section 83 of the Financial Administration Act.

• Marginal note:For greater certainty

  (2) For greater certainty, the Canadian Race Relations Foundation and the Public Sector Pension Investment Board are parent Crown corporations for the purposes of this Act.

DESIGNATION

Marginal note:Power to designate Minister

• 3.1 (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.

• Marginal note:Power to designate head

  (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.

Marginal note:Information obtained by Privacy Commissioner

• 22.1 (1) The Privacy Commissioner shall refuse to disclose any personal information requested under this Act 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.

• Marginal note:Exception

  (2) However, the Commissioner shall not refuse under subsection (1) to disclose any personal information that was 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 once the investigation and all related proceedings, if any, are finally concluded.

• Marginal note:Disclosure of offence authorized

  (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.

• Marginal note:Assistance technique

  (2) Le Commissaire à la protection de la vie privée peut retenir temporairement les services d’experts ou de spécialistes dont la compétence lui est utile dans l’exercice des fonctions que lui confèrent la présente loi ou une autre loi fédérale; il peut fixer et payer, avec l’approbation du Conseil du Trésor, leur rémunération et leurs frais.

• Marginal note:Disclosure of offence authorized

  (2) The Privacy 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.

EXCLUSIONS

Marginal note:Canadian Broadcasting Corporation

69.1 This Act does not apply to personal information that the Canadian Broadcasting Corporation collects, uses or discloses for journalistic, artistic or literary purposes and does not collect, use or disclose for any other purpose.

GENERAL

• Atlantic Pilotage Authority

  Administration de pilotage de l’Atlantique

• Bank of Canada

  Banque du Canada

• Blue Water Bridge Authority

  Administration du pont Blue Water

• Business Development Bank of Canada

  Banque de développement du Canada

• Canada Council for the Arts

  Conseil des Arts du Canada

• Canada Deposit Insurance Corporation

  Société d’assurance-dépôts du Canada

• Canada Development Investment Corporation

  Corporation de développement des investissements du Canada

• Canada Lands Company Limited

  Société immobilière du Canada limitée

• Canada Mortgage and Housing Corporation

  Société canadienne d’hypothèques et de logement

• Canada Post Corporation

  Société canadienne des postes

• Canadian Air Transport Security Authority

  Administration canadienne de la sûreté du transport aérien

• Canadian Commercial Corporation

  Corporation commerciale canadienne

• Canadian Dairy Commission

  Commission canadienne du lait

• Canadian Museum of Civilization

  Musée canadien des civilisations

• Canadian Museum of Nature

  Musée canadien de la nature

• Canadian Race Relations Foundation

  Fondation canadienne des relations raciales

• Canadian Tourism Commission

  Commission canadienne du tourisme

• Cape Breton Development Corporation

  Société de développement du Cap-Breton

• Cape Breton Growth Fund Corporation

  Corporation Fonds d’investissement du Cap-Breton

• Defence Construction (1951) Limited

  Construction de défense (1951) Limitée

• Enterprise Cape Breton Corporation

  Société d’expansion du Cap-Breton

• Export Development Canada

  Exportation et développement Canada

• Farm Credit Canada

  Financement agricole Canada

• The Federal Bridge Corporation Limited

  La Société des ponts fédéraux Limitée

• Freshwater Fish Marketing Corporation

  Office de commercialisation du poisson d’eau douce

• Great Lakes Pilotage Authority

  Administration de pilotage des Grands Lacs

• International Development Research Centre

  Centre de recherches pour le développement international

• The Jacques-Cartier and Champlain Bridges Inc.

  Les Ponts Jacques-Cartier et Champlain Inc.

• Laurentian Pilotage Authority

  Administration de pilotage des Laurentides

• Marine Atlantic Inc.

  Marine Atlantique S.C.C.

• National Arts Centre Corporation

  Corporation du Centre national des Arts

• National Capital Commission

  Commission de la capitale nationale

• National Gallery of Canada

  Musée des beaux-arts du Canada

• National Museum of Science and Technology

  Musée national des sciences et de la technologie

• Old Port of Montreal Corporation Inc.

  Société du Vieux-Port de Montréal Inc.

• Pacific Pilotage Authority

  Administration de pilotage du Pacifique

• Parc Downsview Park Inc.

  Parc Downsview Park Inc.

• Queens Quay West Land Corporation

  Queens Quay West Land Corporation

• Ridley Terminals Inc.

  Ridley Terminals Inc.

• Royal Canadian Mint

  Monnaie royale canadienne

• The Seaway International Bridge Corporation, Ltd.

  La Corporation du Pont international de la voie maritime, Ltée

• Standards Council of Canada

  Conseil canadien des normes

• Telefilm Canada

  Téléfilm Canada

• Asia-Pacific Foundation of Canada

  Fondation Asie-Pacifique du Canada

• Canada Foundation for Innovation

  Fondation canadienne pour l’innovation

• Canada Foundation for Sustainable Development Technology

  Fondation du Canada pour l’appui technologique au développement durable

• Canada Millennium Scholarship Foundation

  Fondation canadienne des bourses d’études du millénaire

• The Pierre Elliott Trudeau Foundation

  La Fondation Pierre-Elliott-Trudeau

• Office of the Information Commissioner

  Commissariat à l’information

• Office of the Privacy Commissioner

  Commissariat à la protection de la vie privée

• (a) Schedule 1 by adding the name of any Crown corporation or other public body;

• Marginal note:Exception

  (4) Subsections (1) and (2) do not apply to a chief executive if he or she declares, after giving notice to the Agency, that it is not practical to apply those subsections given the size of that portion of the public sector.

Marginal note:Duty of chief executives

• 11. (1) Each chief executive must

  • (a) subject to paragraph (c) and any other Act of Parliament and to the principles of procedural fairness and natural justice, protect the identity of persons involved in the disclosure process, including that of persons making disclosures, witnesses and persons alleged to be responsible for wrongdoings;

  • (b) establish procedures to ensure the confidentiality of information collected in relation to disclosures of wrongdoings; and

  • (c) if wrongdoing is found as a result of a disclosure made under section 12, promptly provide public access to information that

    • (i) describes the wrongdoing, including information that could identify the person found to have committed it if it is necessary to identify the person to adequately describe the wrongdoing, and

    • (ii) sets out the recommendations, if any, set out in any report made to the chief executive in relation to the wrongdoing and the corrective action, if any, taken by the chief executive in relation to the wrongdoing or the reasons why no corrective action was taken.

• Marginal note:Exception

  (2) Nothing in paragraph (1)(c) requires a chief executive to provide public access to information the disclosure of which is subject to any restriction created by or under any Act of Parliament.

Marginal note:Disclosure to the Commissioner

• 13. (1) A public servant may disclose information referred to in section 12 to the Commissioner.

COMPLAINTS RELATING TO REPRISALS

Prohibition Against Reprisals

Marginal note:Prohibition against reprisal

19. No person shall take any reprisal against a public servant or direct that one be taken against a public servant.

Complaints

Marginal note:Complaints

• 19.1 (1) A public servant or a former public servant who has reasonable grounds for believing that a reprisal has been taken against him or her may file with the Commissioner a complaint in a form acceptable to the Commissioner. The complaint may also be filed by a person designated by the public servant or former public servant for the purpose.

• Marginal note:Time for making complaint

  (2) The complaint must be filed not later than 60 days after the day on which the complainant knew, or in the Commissioner’s opinion ought to have known, that the reprisal was taken.

• Marginal note:Time extended

  (3) The complaint may be filed after the period referred to in subsection (2) if the Commissioner feels it is appropriate considering the circumstances of the complaint.

• Marginal note:Effect of filing

  (4) Subject to subsection 19.4(4), the filing of a complaint under subsection (1) precludes the complainant from commencing any procedure under any other Act of Parliament or collective agreement in respect of the measure alleged to constitute the reprisal.

• Marginal note:Exception — RCMP

  (5) A member or former member of the Royal Canadian Mounted Police may not make a complaint under subsection (1) in relation to any matter that is the subject of an investigation or proceeding under Part IV or V of the Royal Canadian Mounted Police Act or an investigation or proceeding relating to administrative discharge under the Royal Canadian Mounted Police Regulations, 1988 unless

  • (a) he or she has exhausted every procedure available under that Act or those regulations for dealing with the matter; and

  • (b) the complaint is filed within 60 days after those procedures have been exhausted.

Marginal note:Complaint in respect of past disclosures

• 19.2 (1) A public servant who alleges that a reprisal was taken against him or her by reason that he or she, in good faith, disclosed, after February 10, 2004 and before the day on which section 19.1 comes into force, a wrongdoing in the course of a parliamentary proceeding or an inquiry under Part I of the Inquiries Act may file a complaint under that section in respect of the reprisal.

• Marginal note:Time limit

  (2) The public servant may file the complaint within 60 days after the later of

  • (a) the day on which section 19.1 comes into force, and

  • (b) the day on which he or she knew or, in the opinion of the Commissioner, ought to have known that the reprisal was taken.

Marginal note:Refusal to deal with complaint

• 19.3 (1) The Commissioner may refuse to deal with a complaint if he or she is of the opinion that

  • (a) the subject-matter of the complaint has been adequately dealt with, or could more appropriately be dealt with, according to a procedure provided for under an Act of Parliament, other than this Act, or a collective agreement;

  • (b) if the complainant is a member or former member of the Royal Canadian Mounted Police, the subject-matter of the complaint has been adequately dealt with by the procedures referred to in subsection 19.1(5);

  • (c) the complaint is beyond the jurisdiction of the Commissioner; or

  • (d) the complaint was not made in good faith.

• Marginal note:Restriction

  (2) The Commissioner may not deal with a complaint if a person or body acting under another Act of Parliament or a collective agreement is dealing with the subject-matter of the complaint other than as a law enforcement authority.

• Marginal note:Royal Canadian Mounted Police Act

  (3) For the purpose of subsection (2), a person or body dealing with a matter in the course of an investigation or proceeding under the Royal Canadian Mounted Police Act is deemed not to be dealing with the matter as a law enforcement authority.

• Marginal note:No jurisdiction

  (4) The Commissioner ceases to have ju­risdiction to deal with a complaint filed by a member or former member of the Royal Canadian Mounted Police if an application for judicial review of any decision relating to the procedures referred to in subsection 19.1(5) is made by the member.

Marginal note:Time limit

• 19.4 (1) The Commissioner must decide whether or not to deal with a complaint within 15 days after it is filed.

• Marginal note:Notice — decision to deal with complaint

  (2) If the Commissioner decides to deal with a complaint, he or she must send a written notice of his or her decision to the complainant and to the person or entity that has the authority to take disciplinary action against each person who participated in the taking of a measure alleged by the complainant to constitute a reprisal.

• Marginal note:Reasons — decision not to deal with complaint

  (3) If the Commissioner decides not to deal with a complaint, he or she must send a written notice of his or her decision to the complainant and set out the reasons for the decision.

• Marginal note:Effect of not dealing with complaint

  (4) If the Commissioner decides not to deal with a complaint and sends the complainant a written notice setting out the reasons for that decision,

  • (a) subsection 19.1(4) ceases to apply; and

  • (b) the period of time that begins on the day on which the complaint was filed and ends on the day on which the notice is sent is not to be included in the calculation of any time the complainant has to avail himself or herself of any procedure under any other Act of Parliament or collective agreement in respect of the measure alleged to constitute the reprisal.

• Marginal note:Exception

  (5) Subsection (4) does not apply if the Commissioner has decided not to deal with the complaint for the reason that it was not made in good faith.

Disciplinary Action

Marginal note:Restriction on disciplinary action

• 19.5 (1) If the Commissioner decides to deal with a complaint and sends a written notice under subsection 19.4(2) and no disciplinary action has yet been taken against a person by reason of that person’s participation in the taking of a measure alleged by the complainant to constitute a reprisal, no disciplinary action may be taken during the period referred to in subsection (3) in relation to the person’s participation in the taking of the measure.

• Marginal note:Exception

  (2) Subsection (1) does not apply in respect of disciplinary action taken as a result of a settlement approved by the Commissioner or an order of the Tribunal.

• Marginal note:Period during which no disciplinary action may be taken

  (3) For the purposes of subsection (1), the period during which no disciplinary action may be taken is the period that begins on the day on which the Commissioner sends the notice referred to in subsection 19.4(2) and ends on the earliest of

  • (a) the day on which the complaint is withdrawn or dismissed,

  • (b) the day on which the Commissioner makes an application to the Tribunal for an order referred to in paragraph 20.4(1)(a) in respect of the complaint, and

  • (c) in the case where the Commissioner makes an application to the Tribunal for the orders referred to in paragraph 20.4(1)(b) in respect of the complaint, the day on which the Tribunal makes a determination that the complainant was not subject to a reprisal taken by the person.

• Marginal note:Period not to be included

  (4) If a time limit is provided for under any Act of Parliament or collective agreement for the taking of disciplinary action, the period during which disciplinary action may not be taken against the person by reason of subsection (1) is not to be included in the calculation of the prescribed time limit.

• Marginal note:Application

  (5) This section applies despite Part IV of the Royal Canadian Mounted Police Act.

Marginal note:Suspension of disciplinary action

• 19.6 (1) If the Commissioner decides to deal with a complaint and sends a written notice under subsection 19.4(2) and disciplinary action has already been taken against a person by reason of the person’s participation in the taking of a measure alleged by the complainant to constitute a reprisal

  • (a) the implementation of the disciplinary action — and the commencement or continuation of any procedure in relation to the disciplinary action by the person under any other Act of Parliament or collective agreement — is suspended for the period referred to in subsection (3); and

  • (b) the appropriate chief executive must take the measures necessary to put the person in the situation the person was in before the disciplinary action was implemented.

• Marginal note:Exception

  (2) If the disciplinary action already taken against a person by reason of the person’s participation in the taking of a measure alleged by the complainant to constitute a reprisal has been the subject of a decision of a court, tribunal or arbitrator dealing with it on the merits, other than a decision made under the Royal Canadian Mounted Police Act,

  • (a) subsection (1) does not apply; and

  • (b) neither the Commissioner nor the Tribunal may deal with the issue of disciplinary action against that person.

• Marginal note:Period of suspension

  (3) For the purposes of paragraph (1)(a), the suspension begins on the day on which the Commissioner sends the notice referred to in subsection 19.4(2) and ends on the earliest of

  • (a) the day on which the complaint is withdrawn or dismissed,

  • (b) the day on which the Commissioner makes an application to the Tribunal for an order referred to in paragraph 20.4(1)(a) in respect of the complaint,

  • (c) in the case where the Commissioner makes an application to the Tribunal for the orders referred to in paragraph 20.4(1)(b) in respect of the complaint, the day on which the Tribunal makes a determination that the complainant was not subject to a reprisal taken by the person, and

  • (d) the day on which the disciplinary action is taken as a result of a settlement approved by the Commissioner or an order of the Tribunal.

• Marginal note:Prior disciplinary action cancelled

  (4) Disciplinary action taken as a result of a settlement approved by the Commissioner or an order of the Tribunal cancels any prior disciplinary action.

• Marginal note:Application

  (5) This section applies despite Part IV of the Royal Canadian Mounted Police Act.

Investigations into Complaints

Marginal note:Designation of complaint investigator

• 19.7 (1) The Commissioner may designate a person as an investigator to investigate a complaint.

• Marginal note:Informality

  (2) Investigations into complaints are to be conducted as informally and expeditiously as possible.

Marginal note:Notice to chief executive

• 19.8 (1) When commencing an investigation, the investigator must notify the chief executive concerned and inform that chief executive of the substance of the complaint to which the investigation relates.

• Marginal note:Notice to others

  (2) The investigator may also notify any other person he or she considers appropriate, including every person whose conduct is called into question by the complaint, and inform the person of the substance of the complaint.

Marginal note:Access

• 19.9 (1) If the investigator so requests, chief executives and public servants must provide the investigator with any facilities, assistance, information and access to their respective offices that the investigator may require for the purposes of the investigation.

• Marginal note:Insufficient cooperation

  (2) If the investigator concludes that he or she is unable to complete an investigation because of insufficient cooperation on the part of chief executives or public servants, he or she must make a report to the Commissioner to that effect under section 20.3.

Conciliation

Marginal note:Recommendation — conciliation

• 20. (1) At any time during the course of the investigation into a complaint the investigator may recommend to the Commissioner that a conciliator be appointed to attempt to bring about a settlement.

• Marginal note:Appointment of conciliator

  (2) The Commissioner may appoint a person as a conciliator for the purpose of attempting to bring about a settlement of the complaint.

• Marginal note:Eligibility

  (3) A person is not eligible to act as a conciliator in respect of a complaint if that person has already acted as an investigator in respect of that complaint.

• Marginal note:Confidentiality

  (4) Any information received by a conciliator in the course of attempting to reach a settlement of a complaint is confidential and may not be disclosed except with the consent of the person who gave the information.

Marginal note:Who may settle — remedy

• 20.1 (1) A settlement that relates to the remedy to be provided to the complainant must be agreed to by the complainant and the person with the authority to implement the remedy.

• Marginal note:Who may settle — disciplinary action

  (2) A settlement that relates to the disciplinary action, if any, that is to be imposed on a person identified by the investigator as being the person or one of the persons who took the alleged reprisal must be agreed to by the person identified by the investigator and the person with the authority to take the disciplinary action.

Marginal note:Referral of a settlement to Commissioner

• 20.2 (1) The terms of a settlement must be referred to the Commissioner for approval or rejection and the Commissioner must, without delay after approving or rejecting them, so certify and notify the parties to the settlement.

• Marginal note:Complaint dismissed

  (2) If the Commissioner approves a settlement that relates to the remedy to be provided to the complainant, the complaint to which it relates is dismissed.

• Marginal note:Application barred

  (3) If the Commissioner approves a settlement that relates to disciplinary action, if any, that is to be imposed on a person, the Commissioner may not apply to the Tribunal for an order referred to in paragraph 20.4(1)(b) in respect of the person.

• Marginal note:Enforcement of settlement

  (4) A settlement approved by the Commissioner may, for the purpose of enforcement, be made an order of the Federal Court on application to that Court by the Commissioner or a party to the settlement.

Decision After Investigation

Marginal note:Investigator’s report to Commissioner

20.3 As soon as possible after the conclusion of the investigation, the investigator must submit a report of his or her findings to the Commissioner.

Marginal note:Application to Tribunal

• 20.4 (1) If, after receipt of the report, the Commissioner is of the opinion that an application to the Tribunal in relation to the complaint is warranted, the Commissioner may apply to the Tribunal for a determination of whether or not a reprisal was taken against the complainant and, if the Tribunal determines that a reprisal was taken, for

  • (a) an order respecting a remedy in favour of the complainant; or

  • (b) an order respecting a remedy in favour of the complainant and an order respecting disciplinary action against any person or persons identified by the Commissioner in the application as being the person or persons who took the reprisal.

• Marginal note:Exception

  (2) The order respecting disciplinary action referred in paragraph (1)(b) may not be applied for in relation to a complaint the filing of which is permitted by section 19.2.

• Marginal note:Factors

  (3) In considering whether making an application to the Tribunal is warranted, the Commissioner must take into account whether

  • (a) there are reasonable grounds for believing that a reprisal was taken against the complainant;

  • (b) the investigation into the complaint could not be completed because of lack of cooperation on the part of one or more chief executives or public servants;

  • (c) the complaint should be dismissed on any ground mentioned in paragraphs 19.3(1)(a) to (d); and

  • (d) having regard to all the circumstances relating to the complaint, it is in the public interest to make an application to the Tribunal.

Marginal note:Dismissal of complaint

20.5 If, after receipt of the report, the Commissioner is of the opinion that an application to the Tribunal is not warranted in the circumstances, he or she must dismiss the complaint.

Marginal note:Notice

20.6 The Commissioner must notify in writing each of the following of his or her action under section 20.4 or 20.5:

• (a) the complainant;

• (b) if the complainant is a public servant, the complainant’s employer;

• (c) if the complainant is a former public servant, the person or entity who was the complainant’s employer at the time the alleged reprisal was taken;

• (d) the person or persons identified in the investigator’s report as being the person or persons who may have taken the alleged reprisal;

• (e) the person or entity with the authority to take disciplinary action against any person referred to in paragraph (d); and

• (f) every person, other than the complainant, or entity that was sent a notice under subsection 19.4(2) in respect of the complaint.

Public Servants Disclosure Protection Tribunal

Establishment

Marginal note:Establishment

• 20.7 (1) There is established a tribunal to be known as the Public Servants Disclosure Protection Tribunal consisting of a Chairperson and not less than two and not more than six other members to be appointed by the Governor in Council. All of the members must be judges of the Federal Court or a superior court of a province.

• Marginal note:Tenure

  (2) Each member of the Tribunal is to be appointed for a term of not more than seven years and holds office so long as he or she remains a judge.

• Marginal note:Re-appointment

  (3) A member of the Tribunal, on the expiration of a first or any subsequent term of office, is eligible to be re-appointed for a further term.

• Marginal note:Temporary members

  (4) Subject to subsection (5), in addition to the members appointed under subsection (1), any judge or former judge of the Federal Court of Canada or the Federal Court or of a superior or district court of a province may, on the request of the Chairperson of the Tribunal made with the approval of the Governor in Council, act as a temporary member of the Tribunal.

• Marginal note:Consent required

  (5) Except in relation to a former judge, no request may be made under subsection (4)

  • (a) to a judge of the Federal Court without the consent of the Chief Justice of that Court or of the Attorney General of Canada; or

  • (b) to a judge of a superior court of a province without the consent of the chief justice or chief judge of that court or of the attorney general of the province.

• Marginal note:Approval of requests by Governor in Council

  (6) The Governor in Council may approve the making of requests under subsection (4) in general terms or for particular periods or purposes, and may limit the number of persons who may act as temporary members of the Tribunal.

• Marginal note:Remuneration of temporary members

  (7) Each temporary member of the Tribunal who is a former judge is to be paid the remuneration determined by the Governor in Council.

• Marginal note:Expenses

  (8) Each member of the Tribunal and each temporary member of the Tribunal is entitled to be paid the expenses fixed by the Governor in Council.

• Marginal note:Acting after expiration of appointment

  (9) A member of the Tribunal whose appointment expires may, with the approval of the Chairperson, conclude any hearing that the member has begun and he or she is deemed to be a temporary member of the Tribunal for the purpose.

Administration

Marginal note:Registry

• 20.8 (1) There shall be a Registry of the Tribunal consisting of an office in the National Capital Region described in the schedule to the National Capital Act.

• Marginal note:Registrar and other staff

  (2) The registrar of the Tribunal and the other officers and employees necessary for the proper conduct of the work of the Tribunal are to be appointed in accordance with the Public Service Employment Act.

• Marginal note:Technical experts

  (3) If requested to do so by the Chairperson, the registrar of the Tribunal may engage persons having technical or special knowledge to assist or advise members of the Tribunal in any matter and may, with the approval of the Treasury Board, fix and pay their remuneration and reimburse their expenses.

Marginal note:Sittings

20.9 The Tribunal may sit at the times and at the places throughout Canada that it considers necessary or desirable for the proper conduct of its business.

Proceedings

Marginal note:Conduct of proceedings

• 21. (1) Proceedings before the Tribunal are to be conducted as informally and expeditiously as the requirements of natural justice and the rules of procedure allow.

• Marginal note:Tribunal rules of procedure

  (2) The Chairperson of the Tribunal may make rules of procedure governing the practice and procedure before the Tribunal, including, but not limited to, rules governing

  • (a) the giving of notices to parties;

  • (b) the addition of parties and interested persons to the proceedings;

  • (c) the summoning of witnesses;

  • (d) the production and service of documents;

  • (e) discovery proceedings; and

  • (f) pre-hearing conferences.

• Marginal note:RCMP

  (3) The Chairperson must consult with the Royal Canadian Mounted Police before making any rules and must ensure that the rules take that organization’s security and confidentiality needs into account.

• Marginal note:Publication of proposed rules

  (4) A copy of each rule that the Chairperson proposes to make must be published in the Canada Gazette, and a reasonable opportunity must be given to interested persons to make representations with respect to it.

• Marginal note:Exception

  (5) A proposed rule need not be published more than once, whether or not it has been amended as a result of any representations.

Applications by Commissioner

Marginal note:Assignment of member or members

• 21.1 (1) On receipt of an application made by the Commissioner under subsection 20.4(1) the Chairperson of the Tribunal must assign a member of the Tribunal to deal with the application, but the Chairperson may assign a panel of three members if he or she considers that the complexity of the matter requires that it be dealt with by three members. Every decision of the member or panel is a decision of the Tribunal.

• Marginal note:Chair of panel

  (2) If a panel of three members has been assigned, the Chairperson must designate one of them to chair the proceedings, but the Chairperson must chair the proceedings if he or she is a member of the panel.

Marginal note:Powers

• 21.2 (1) The member or panel may

  • (a) in the same manner and to the same extent as a superior court of record, summon and enforce the attendance of witnesses and compel them to give oral or written evidence on oath and to produce any documents and things that the member or panel considers necessary for the full hearing and consideration of the application;

  • (b) administer oaths;

  • (c) subject to subsection (2), receive and accept any evidence and other information, whether on oath or by affidavit or otherwise, that the member or panel sees fit, whether or not that evidence or information is or would be admissible in a court of law;

  • (d) lengthen or shorten any time limit established by the rules of procedure; and

  • (e) decide any procedural or evidentiary question.

• Marginal note:Conciliators as witnesses

  (2) A conciliator appointed to settle the complaint is not a competent or compellable witness at a hearing.

• Marginal note:Witness fees

  (3) Any person summoned to attend a hearing is entitled, at the discretion of the member or panel, to receive the same fees and allowances as those paid to persons summoned to attend before the Federal Court.

Marginal note:Hearing may be in camera

21.3 A hearing before the Tribunal may be held in camera at the request of any party if the party establishes to the satisfaction of the Tribunal that the circumstances of the case so require.

Marginal note:Determination — paragraph 20.4(1)(a)

• 21.4 (1) On application made by the Commissioner for an order referred to in paragraph 20.4(1)(a) the Tribunal must determine whether the complainant has been subject to a reprisal and, if it so determines, the Tribunal may make an order granting a remedy to the complainant.

• Marginal note:Parties

  (2) The parties in respect of the application are the Commissioner and

  • (a) the complainant;

  • (b) if the complainant is a public servant, the complainant’s employer; and

  • (c) if the complainant is a former public servant, the person or entity who was the complainant’s employer at the time the alleged reprisal was taken.

• Marginal note:Addition of party

  (3) If the Tribunal is of the opinion that a person who has been identified as being a person who may have taken the alleged reprisal may be directly affected by a determination of the Tribunal, the Tribunal may add that person as a party.

Marginal note:Determination — paragraph 20.4(1)(b)

• 21.5 (1) On application made by the Commissioner for the orders referred to in paragraph 20.4(1)(b) the Tribunal must determine whether the complainant has been subject to a reprisal and whether the person or persons identified by the Commissioner in the application as having taken the alleged reprisal actually took it. If it determines that a reprisal was taken, the Tribunal may, regardless of whether or not it has determined that the reprisal was taken by the person or persons named in the application, make an order granting a remedy to the complainant.

• Marginal note:Parties

  (2) The parties in respect of proceedings held for the purpose of subsection (1) are the Commissioner and

  • (a) the complainant;

  • (b) if the complainant is a public servant, the complainant’s employer;

  • (c) if the complainant is a former public servant, the person or entity who was the complainant’s employer at the time the alleged reprisal was taken; and

  • (d) the person or persons identified in the application as being the person or persons who may have taken the alleged reprisal.

• Marginal note:Reasons

  (3) The Tribunal must issue written reasons for its decisions under subsection (1) as soon as possible.

• Marginal note:Order respecting disciplinary action

  (4) After issuing the reasons under subsection (3), the Tribunal may make an order respecting the disciplinary action to be taken against any person who was determined by it to have taken the reprisal.

• Marginal note:Parties

  (5) The parties in respect of proceedings held for the purpose of subsection (4) are the Commissioner, the person against whom the disciplinary action would be taken and, for the purpose of making submissions regarding disciplinary action on behalf of the person or entity who would be required to implement the order if it were made, any person designated by the Tribunal.

Marginal note:Rights of parties

• 21.6 (1) Every party must be given a full and ample opportunity to participate at any proceedings before the Tribunal — including, but not limited to, by appearing at any hearing, by presenting evidence and by making representations — and to be assisted or represented by counsel, or by any person, for that purpose.

• Marginal note:Duty of Commissioner

  (2) The Commissioner must, in proceedings before the Tribunal, adopt the position that, in his or her opinion, is in the public interest having regard to the nature of the complaint.

• Marginal note:Limitation — proceedings relating to remedy

  (3) With respect to the portions of proceedings that relate solely to the remedy, if any, to be ordered in favour of the complainant, the Tribunal may, despite subsection (1), limit the participation of any person or persons identified as being the person or persons who may have taken the alleged reprisal.

Marginal note:Remedies

• 21.7 (1) To provide an appropriate remedy to the complainant, the Tribunal may, by order, require the employer or the appropriate chief executive, or any person acting on their behalf, to take all necessary measures to

  • (a) permit the complainant to return to his or her duties;

  • (b) reinstate the complainant or pay compensation to the complainant in lieu of reinstatement if, in the Tribunal’s opinion, the relationship of trust between the parties cannot be restored;

  • (c) pay to the complainant compensation in an amount not greater than the amount that, in the Tribunal’s opinion, is equivalent to the remuneration that would, but for the reprisal, have been paid to the complainant;

  • (d) rescind any measure or action, including any disciplinary action, and pay compensation to the complainant in an amount not greater than the amount that, in the Tribunal’s opinion, is equivalent to any financial or other penalty imposed on the complainant;

  • (e) pay to the complainant an amount equal to any expenses and any other financial losses incurred by the complainant as a direct result of the reprisal; or

  • (f) compensate the complainant, by an amount of not more than $10,000, for any pain and suffering that the complainant experienced as a result of the reprisal.

• Marginal note:Royal Canadian Mounted Police Act

  (2) The Tribunal may make an order under subsection (1) in relation to a member of the Royal Canadian Mounted Police despite subsections 42(4) and (6), 45.16(7) and 45.26(6) of the Royal Canadian Mounted Police Act.

Marginal note:Disciplinary action

• 21.8 (1) The Tribunal may, by order, require the Governor in Council, the employer or the appropriate chief executive, or any person acting on their behalf, to take all necessary measures to take the disciplinary action, including termination of employment or revocation of appointment, specified by the Tribunal against any person named in the application who was determined by it to have taken the reprisal.

• Marginal note:Factors

  (2) In making the order the Tribunal must take into account the factors ordinarily considered by employers when they discipline their employees, including, but not limited to,

  • (a) the gravity of the reprisal;

  • (b) the level of responsibility inherent in the position that the person occupies;

  • (c) the person’s previous employment record;

  • (d) whether the reprisal was an isolated incident;

  • (e) the person’s rehabilitative potential; and

  • (f) the deterrent effect of the disciplinary action.

• Marginal note:Additional factors

  (3) In making the order the Tribunal must also take into account

  • (a) the extent to which the nature of the reprisal discourages the disclosure of wrongdoing under this Act; and

  • (b) the extent to which inadequate discipli­nary action in relation to the reprisal would have an adverse effect on confidence in public institutions.

• Marginal note:Grievance precluded

  (4) The person against whom disciplinary action is taken as a result of an order made under subsection (1) may not initiate a griev­ance or other similar procedure under an Act of Parliament or a collective agreement in respect of the disciplinary action.

• Marginal note:Restriction — RCMP

  (5) The disciplinary action that the Tribunal may order with respect to a member of the Royal Canadian Mounted Police is limited to a disciplinary action referred to in subsection 41(1), or a sanction referred to in subsection 45.12(3), of the Royal Canadian Mounted Police Act, or any combination of them.

• Marginal note:Royal Canadian Mounted Police Act

  (6) The Tribunal may make an order under subsection (1) in relation to a member of the Royal Canadian Mounted Police despite subsections 42(4) and (6), 45.16(7) and 45.26(6) of the Royal Canadian Mounted Police Act.

• Marginal note:Royal Canadian Mounted Police Act

  (7) An order made under subsection (1) in relation to a member of the Royal Canadian Mounted Police may be implemented by the Governor in Council or Commissioner of the Royal Canadian Mounted Police despite subsection 12(2) and Part IV of the Royal Canadian Mounted Police Act.