Marginal note:R.S., c. P-1
Marginal note:2004, c. 7, s. 2
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.
Marginal note:2004, c. 7, s. 4
27. The heading before section 72.01 and sections 72.01 to 72.13 of the Act are repealed.
28. The Act is amended by adding the following after section 80:
Conflict of Interest and Ethics Commissioner
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.
(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.
(3) The Commissioner is eligible to be reappointed for one or more terms of up to seven years each.
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.
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.
(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.
(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.
(5) The salaries of the officers and employees of the office of the Commissioner shall be fixed according to the scale provided by law.
(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.
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.
(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.
(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.
(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.
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.
(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.
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