Parliament of Canada Act (R.S.C., 1985, c. P-1)

Marginal note:Confidentiality

79.5 The Parliamentary Budget Officer, and every person referred to in subsections 79.11(3) and (4), shall not disclose any information that comes to their knowledge under subsection 79.21(9) or section 79.4, unless the disclosure is essential for the performance of the Parliamentary Budget Officer’s mandate and, in the case of information referred to in subsection 79.21(9), the minister’s deputy has consented to the disclosure.

Marginal note:Review

79.501 A committee of the Senate, of the House of Commons or of both Houses of Parliament shall, five years after the day on which this section comes into force, undertake a review of sections 79.01 to 79.5.

Parliamentary Protective Service

Interpretation

Marginal note:Definitions

79.51 The following definitions apply in this section and in sections 79.52 to 79.59.

parliamentary precinct

parliamentary precinct means the premises or any part of the premises, other than the constituency offices of members of Parliament, that are used by the following entities or individuals or their officers or staff, and that are designated in writing by the Speaker of the Senate or the Speaker of the House of Commons:

• (a) the Senate, House of Commons, Library of Parliament or Parliamentary committees;

• (b) members of the Senate or the House of Commons who are carrying out their parliamentary functions;

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

• (d) the Service; or

• (e) the Parliamentary Budget Officer. (Cité parlementaire)

Parliament Hill

Parliament Hill means the grounds in the City of Ottawa bounded by Wellington Street, the Rideau Canal, the Ottawa River and Kent Street. (Colline parlementaire)

Service

Service means the office to be called the Parliamentary Protective Service that is established by subsection 79.52(1). (Service)

Establishment and Mandate

Marginal note:Establishment

• 79.52 (1) There is established an office to be called the Parliamentary Protective Service.

• Marginal note:Speakers responsible

  (2) The Speaker of the Senate and the Speaker of the House of Commons are, as the custodians of the powers, privileges, rights and immunities of their respective Houses and of the members of those Houses, responsible for the Service.

Marginal note:Mandate

• 79.53 (1) The Service is responsible for all matters with respect to physical security throughout the parliamentary precinct and Parliament Hill.

• Marginal note:Capacity

  (2) In carrying out its mandate, the Service has the capacity of a natural person and the rights, powers and privileges of a natural person.

• Marginal note:Financial and administrative matters

  (3) Despite sections 19.3 and 52.3, the Service shall act on all financial and administrative matters with respect to the Service and its staff.

Director of Service

Marginal note:Director

• 79.54 (1) There shall be a Director of the Parliamentary Protective Service who is to be selected in accordance with the terms of the arrangement entered into under section 79.55.

• Marginal note:Integrated security operations

  (2) The Director shall lead the integrated security operations throughout the parliamentary precinct and Parliament Hill under the joint general policy direction of the Speaker of the Senate and the Speaker of the House of Commons.

• Marginal note:Control and management of Service

  (3) The Director has the control and management of the Service.

Arrangement for Physical Security Services

Marginal note:Arrangement

• 79.55 (1) The Speaker of the Senate and the Speaker of the House of Commons, being responsible for the Service, and the Minister of Public Safety and Emergency Preparedness shall enter into an arrangement to have the Royal Canadian Mounted Police provide physical security services throughout the parliamentary precinct and Parliament Hill.

• Marginal note:RCMP to provide services

  (2) The Royal Canadian Mounted Police shall provide the physical security services in accordance with the terms of the arrangement.

Marginal note:Selection process for Director

• 79.56 (1) The arrangement entered into under section 79.55 shall provide for a process for selecting a person to act as the Director of the Parliamentary Protective Service. It shall also provide for a person — identified by name or position — to act as the Director on an interim basis if the Director is absent or incapacitated or if the office of Director is vacant, and set out the maximum period that the person may act as the Director on an interim basis.

• Marginal note:Member of RCMP

  (2) The Director, or the person acting as the Director on an interim basis, must be a member as that term is defined in subsection 2(1) of the Royal Canadian Mounted Police Act.

Estimates

Marginal note:Estimates to be prepared and transmitted

79.57 Before each fiscal year, the Speaker of the Senate and the Speaker of the House of Commons shall cause to be prepared an estimate of the sums that will be required to pay the expenditures of the Service during the fiscal year and shall transmit the estimate 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.

Powers, Privileges, Rights and Immunities

Marginal note:For greater certainty

79.58 For greater certainty, nothing in sections 79.51 to 79.57 shall be construed as limiting in any way the powers, privileges, rights and immunities of the Senate and the House of Commons and their members.

General

Marginal note:Statutory Instruments Act

79.59 For greater certainty, the designation referred to in the definition parliamentary precinct in section 79.51 is not a statutory instrument for the purposes of the Statutory Instruments Act.

Offence and Punishment

Marginal note:Prohibited use of expression “Parliament Hill”

• 80 (1) Notwithstanding anything contained in any Act of Parliament or regulation made thereunder, no person shall use the words “Parliament Hill” in combination

  • (a) to describe or designate a property, place, site or location in the National Capital Region described in the schedule to the National Capital Act other than the area of ground in the City of Ottawa bounded by Wellington Street, the Rideau Canal, the Ottawa River and Kent Street;

  • (b) to identify any goods, merchandise, wares or articles for commercial use or sale; or

  • (c) in association with a commercial establishment providing services.

• Marginal note:Offence and punishment

  (2) Every person who contravenes subsection (1) is guilty of an offence punishable on summary conviction.

• Marginal note:Construction

  (3) This section shall not be construed as limiting in any way the powers, privileges, rights and immunities of both Houses of Parliament and of their members.

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.