Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

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

Act current to 2022-07-25 and last amended on 2019-12-18. Previous Versions

PART VGeneral (continued)

Parliamentary Budget Officer (continued)

Marginal note:Mandate — general election

  •  (1) During the period described in subsection (2), the Parliamentary Budget Officer shall, at the request of an authorized representative or a member, estimate the financial cost of any election campaign proposal that the authorized representative’s party or the member is considering making.

  • Marginal note:Period

    (2) For the purposes of subsection (1), the period begins on the 120th day before the date fixed under section 56.1 or 56.2 of the Canada Elections Act and ends on the day before the date of the next general election. However, if Parliament is dissolved before that 120th day, the period begins on the day on which Parliament is dissolved and ends on the day before the date of the next general election.

  • Marginal note:Request

    (3) A request referred to in subsection (1) shall be made in writing and describe the proposal for which an estimate is requested, including relevant details and objectives.

  • Marginal note:Additional information

    (4) The Parliamentary Budget Officer may, in writing, request additional information from an authorized representative of the party on behalf of which an estimate was requested or from the member who made a request for an estimate.

  • Marginal note:Ministerial agreement

    (5) A minister who presides over a department within the meaning of paragraph (a) of the definition department in section 2 of the Financial Administration Act may, at the request of the Parliamentary Budget Officer, personally agree that his or her department will provide assistance to the Parliamentary Budget Officer in preparing estimates under subsection (1) during the period described in subsection (2).

  • Marginal note:Confidentiality

    (6) The Parliamentary Budget Officer shall not disclose to a minister any information related to a request for an estimate under subsection (3).

  • Marginal note:Ministerial involvement

    (7) A minister who, under subsection (5), agrees that his or her department will provide assistance shall

    • (a) instruct his or her deputy to make any arrangements that his or her deputy considers necessary for the provision of the assistance, including, at the deputy’s discretion, arrangements respecting the terms under which the assistance is to be provided; and

    • (b) abstain from any personal involvement in the provision of the assistance.

  • Marginal note:Confidentiality

    (8) If the Parliamentary Budget Officer makes a request to a deputy referred to in paragraph 7(a) for assistance in preparing an estimate under subsection (1), the Parliamentary Budget Officer shall not disclose to the deputy or any other person in the department the identity of the party on behalf of which the estimate was requested or the identity of the member who made the request for an estimate.

  • Marginal note:Confidentiality

    (9) Except for the purposes of subsection (10), information that is obtained or created in the provision of assistance referred to in subsection (8) shall not be disclosed to any person other than the Parliamentary Budget Officer.

  • Marginal note:Assistance of other departments

    (10) In order to provide assistance referred to in subsection (8), a person in a department may provide information to and obtain information from a person in another department if

    • (a) the other department is also a department within the meaning of paragraph (a) of the definition department in section 2 of the Financial Administration Act; and

    • (b) the minister who presides over the other department has also agreed to provide assistance under subsection (5).

  • Marginal note:Withdrawal of request

    (11) An authorized representative of the party on behalf of which the estimate was requested or the member who made the request may withdraw it, in writing, before a report containing the estimate is provided to an authorized representative or the member. If a request is withdrawn, the Parliamentary Budget Officer shall discontinue work on the request and shall not disclose the request or the estimate.

  • Marginal note:Report

    (12) The Parliamentary Budget Officer shall provide a report containing the estimate to an authorized representative of the party on behalf of which the estimate was requested or to the member who made the request.

  • Marginal note:Proposal publicly announced

    (13) An authorized representative of the party on behalf of which an estimate was requested or the member who made a request shall notify the Parliamentary Budget Officer, in writing, if the proposal for which the estimate is requested has been publicly announced.

  • Marginal note:Report made public

    (14) The Parliamentary Budget Officer shall make a report available to the public as soon as feasible after the report has been provided to the authorized representative or the member under subsection (12) and the Parliamentary Budget Officer has been notified that the policy proposal has been publicly announced. However, the Parliamentary Budget Officer shall not make the report available to the public on or after the date of the general election.

  • Marginal note:Estimate not completed

    (15) If, in the Parliamentary Budget Officer’s opinion, he or she does not have sufficient time or information to complete a requested estimate within the period described in subsection (2), the Parliamentary Budget Officer shall notify an authorized representative of the party on behalf of which the estimate was requested or the member who made the request, in writing, that he or she is discontinuing work on the estimate and that it will not be completed.

  • Marginal note:Publication of request and statement

    (16) If the Parliamentary Budget Officer discontinues work on a request under subsection (15) and the request is for an estimate of the financial cost of a proposal that has been publicly announced, the Parliamentary Budget Officer shall, before the end of the period described in subsection (2), publish the request and a statement of the reasons why the request could not be completed.

  • Marginal note:Definitions

    (17) The following definitions apply in this section.

    authorized representative

    authorized representative means the leader of a recognized party in the House of Commons on the day before the first day of the period described in subsection (2) or a person authorized in writing by the leader for the purposes of this section. (représentant autorisé)

    member

    member means a person who is a member of the House of Commons on the day before the first day of the period described in subsection (2) but who is not a member of a recognized party on that day. (membre)

  • 2017, c. 20, s. 128

Marginal note:Annual report

 The Parliamentary Budget Officer shall, within three months after the end of each fiscal year, submit a report on his or her activities under sections 79.2 and 79.21 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. The Parliamentary Budget Officer shall not make the report available to the public before it has been tabled in either the Senate or the House of Commons.

  • 2017, c. 20, s. 128

Marginal note:Definitions

 The following definitions apply in sections 79.4 to 79.5.

department

department has the same meaning as in any of paragraphs (a), (a.1) and (d) of the definition department in section 2 of the Financial Administration Act. (ministère)

head

head has the same meaning as in section 3 of the Access to Information Act. (responsable d’institution fédérale)

parent Crown corporation

parent Crown corporation has the same meaning as in subsection 83(1) of the Financial Administration Act. (société d’État mère)

  • 2006, c. 9, s. 116
  • 2017, c. 20, s. 128

Marginal note:Access to information

  •  (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 head of a department or of a parent Crown corporation, to free and timely access to any information under the control of the department or parent Crown corporation that is required for the performance of his or her mandate.

  • Marginal note:Exception

    (2) Subsection (1) does not apply in respect of any information

    • (a) the disclosure of which is restricted under section 19 of the Access to Information Act;

    • (b) that is protected by solicitor-client privilege or professional secrecy of advocates and notaries or by litigation privilege;

    • (c) the disclosure of which is restricted under any provision of any other Act of Parliament set out in Schedule II to the Access to Information Act; or

    • (d) that is a confidence of the Queen’s Privy Council for Canada as defined in subsection 39(2) of the Canada Evidence Act.

  • 2006, c. 9, ss. 116, 117
  • 2017, c. 20, s. 128

Marginal note:Refusal to provide access to information

 If he or she refuses to provide access to information requested under subsection 79.4(1), the deputy minister of the department concerned or the person who occupies any other similar position for the federal institution or parent Crown corporation, as the case may be, shall provide the Parliamentary Budget Officer with a written justification for the refusal.

  • 2017, c. 20, s. 128

Marginal note:Notification

 If the Parliamentary Budget Officer is of the opinion that he or she has not been provided with free or timely access to information requested under subsection 79.4(1), he or she may so notify the Speaker of the Senate and the Speaker of the House of Commons or any appropriate committee of the Senate, of the House of Commons or of both Houses of Parliament.

  • 2017, c. 20, s. 128

Marginal note:Confidentiality

 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.

  • 2006, c. 9, s. 116
  • 2017, c. 20, s. 128

Marginal note:Review

 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.

  • 2017, c. 20, s. 128

Parliamentary Protective Service

Interpretation

Marginal note:Definitions

 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)

  • 2015, c. 36, s. 98
  • 2017, c. 20, s. 129

Establishment and Mandate

Marginal note:Establishment

  •  (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.

  • 2015, c. 36, s. 98

Marginal note:Mandate

  •  (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.

  • 2015, c. 36, s. 98

Director of Service

Marginal note:Director

  •  (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.

  • 2015, c. 36, s. 98

Arrangement for Physical Security Services

Marginal note:Arrangement

  •  (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.

  • 2015, c. 36, s. 98

Marginal note:Selection process for Director

  •  (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.

  • 2015, c. 36, s. 98
 
Date modified: