Lobbying Act

Marginal note:Investigation of breaches

• 10.4 (1) Where the Ethics Counsellor believes on reasonable grounds that a person has breached the Code, the Ethics Counsellor shall investigate to determine whether a breach has occurred.

• Marginal note:Powers of investigation

  (2) For the purpose of conducting the investigation, the Ethics Counsellor may

  • (a) in the same manner and to the same extent as a superior court of record,

    • (i) summon and enforce the attendance of persons before the Ethics Counsellor and compel them to give oral or written evidence on oath, and

    • (ii) compel persons to produce any documents or other things that the Ethics Counsellor considers necessary for the investigation, including any record of a payment received, disbursement made or expense incurred by an individual who is required to file a return under subsection 5(1) or 6(1) or by an individual who, in accordance with paragraph 7(3)(f), 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 paragraphs 6(1)(a) to (e) or 7(1)(a) to (e), as the case may be; and

  • (b) administer oaths and receive and accept information, whether or not it would be admissible as evidence in a court of law.

• Marginal note:Investigation in private

  (3) The investigation shall be conducted in private.

• Marginal note:Evidence in other proceedings

  (4) Evidence given by a person in the investigation and evidence of the existence of the investigation are inadmissible against the person in a court or in any other proceeding, other than in a prosecution of a person for an offence under section 131 of the Criminal Code (perjury) in respect of a statement made to the Ethics Counsellor.

• Marginal note:Opportunity to present views

  (5) Before finding that a person has breached the Code, the Ethics Counsellor shall give the person a reasonable opportunity to present their views to the Ethics Counsellor.

• Marginal note:Confidentiality

  (6) The Ethics Counsellor, and every person acting on behalf of or under the direction of the Ethics Counsellor, shall not disclose any information that comes to their knowledge in the performance of their duties and functions under this section, unless

  • (a) the disclosure is, in the opinion of the Ethics Counsellor, necessary for the purpose of conducting an investigation under this section or establishing the grounds for any findings or conclusions contained in a report under section 10.5; or

  • (b) the information is disclosed in a report under section 10.5 or in the course of a prosecution for an offence under section 131 of the Criminal Code (perjury) in respect of a statement made to the Ethics Counsellor.