Short Title

Marginal note:Short title

1 This Act may be cited as the Parliament of Canada Act.

PART ISenate and House of Commons

Parliament Continued

Marginal note:Demise of the Crown

2 Parliament shall not determine or be dissolved by the demise of the Crown and, notwithstanding the demise, shall continue, and may meet, convene and sit, proceed and act, in the same manner as if that demise had not happened.

Marginal note:Prerogative saved

3 Nothing in section 2 alters or abridges the power of the Crown to prorogue or dissolve Parliament.

Privileges, Immunities and Powers

Definition

Marginal note:Parliamentary privileges, immunities and powers

4 The Senate and the House of Commons, respectively, and the members thereof hold, enjoy and exercise

• (a) such and the like privileges, immunities and powers as, at the time of the passing of the Constitution Act, 1867, were held, enjoyed and exercised by the Commons House of Parliament of the United Kingdom and by the members thereof, in so far as is consistent with that Act; and

• (b) such privileges, immunities and powers as are defined by Act of the Parliament of Canada, not exceeding those, at the time of the passing of the Act, held, enjoyed and exercised by the Commons House of Parliament of the United Kingdom and by the members thereof.

Marginal note:Judicial notice

5 The privileges, immunities and powers held, enjoyed and exercised in accordance with section 4 are part of the general and public law of Canada and it is not necessary to plead them but they shall, in all courts in Canada, and by and before all judges, be taken notice of judicially.

Marginal note:Printed copy of journals

6 On any inquiry concerning the privileges, immunities and powers of the Senate and the House of Commons or of any member of either House, any copy of the journals of either House, printed or purported to be printed by order thereof, shall be admitted as evidence of the journals by all courts, justices and others, without proof that the copy was printed by order of either House.

Publication of Proceedings

Marginal note:Proceedings based on published report

• 7 (1) Where any person is a defendant in any civil or criminal proceedings that are commenced or prosecuted in a court in any manner for, on account of or in respect of the publication of any report, paper, votes or proceedings, by that person or the servant of that person, by or under the authority of the Senate or the House of Commons, that person may bring before the court or any judge thereof, after twenty-four hours notice of intention to do so given in accordance with subsection (2), a certificate

  • (a) given under the hand of the Speaker or the Clerk of the Senate or the House of Commons, and

  • (b) stating that the report, paper, votes or proceedings were published by that person or servant, by order or under the authority of the Senate or the House of Commons,

  together with an affidavit verifying the certificate.

• Marginal note:Notice of intention

  (2) The notice of intention referred to in subsection (1) shall be given to the plaintiff or prosecutor in the civil or criminal proceedings or to the attorney or solicitor of the plaintiff or prosecutor.

• Marginal note:Stay of proceedings

  (3) On the bringing of a certificate before a court or judge in accordance with subsection (1), the court or judge shall immediately stay the civil or criminal proceedings, and those proceedings and every writ or process issued therein shall be deemed to be finally determined and superseded by virtue of this Act.

Marginal note:Proof of correctness of copy

• 8 (1) Where any civil or criminal proceedings are commenced or prosecuted in a court for, on account of or in respect of the publication of any copy of a report, paper, votes or proceedings referred to in subsection 7(1), the defendant, at any stage of the proceedings, may bring before the court, or any judge thereof, the report, paper, votes or proceedings and the copy, together with an affidavit verifying the report, paper, votes or proceedings and the correctness of the copy.

• Marginal note:Stay of proceedings

  (2) On the bringing before a court or any judge thereof of any report, paper, votes or proceedings and a copy thereof with affidavit in accordance with subsection (1), the court or judge shall immediately stay the civil or criminal proceedings, and those proceedings and every writ or process issued therein shall be deemed to be finally determined and superseded by virtue of this Act.

Marginal note:Proof in action for printing extract or abstract

9 In any civil or criminal proceedings commenced or prosecuted for printing an extract from or abstract of any report, paper, votes or proceedings referred to in subsection 7(1), the report, paper, votes or proceedings may be given in evidence and it may be shown that the extract or abstract was published in good faith and without malice and, if such is the opinion of the jury, a verdict of not guilty shall be entered for the defendant.

Examination of Witnesses

Marginal note:Examination of witnesses under oath

• 10 (1) The Senate or the House of Commons may administer an oath to any witness examined at the bar of the Senate or the House.

• Marginal note:Examination before committee

  (2) The Senate or the House of Commons may order witnesses to be examined on oath before any committee.

• Marginal note:Committee may administer oath

  (3) Any committee of the Senate or the House of Commons may administer an oath to any witness examined before the committee.

Marginal note:Affirmation

• 11 (1) Where any witness to be examined under this Part conscientiously objects to take an oath, the witness may make a solemn affirmation and declaration.

• Marginal note:Effect of affirmation

  (2) Any solemn affirmation and declaration made under subsection (1) has the same force and effect, and entails the same consequences, as an oath taken in the usual form.

Marginal note:Perjury

12 Any person examined under this Part who wilfully gives false evidence is liable to such punishment as may be imposed for perjury.

Marginal note:Administering of oaths and affirmations

• 13 (1) Any oath or solemn affirmation and declaration under this Part may be administered by

  • (a) the Speaker of the Senate or the House of Commons;

  • (b) the chairman of any committee of the Senate or the House of Commons; or

  • (c) such person or persons as may be appointed for that purpose either by the Speaker of the Senate or by the Speaker of the House of Commons or by standing or other order of the Senate or the House.

• Marginal note:Form

  (2) Every oath and solemn affirmation and declaration under this Part shall be in the Forms 1 and 2 in the schedule.

PART IISenate

Conflict of Interest

Marginal note:Prohibited contractual dealings

• 14 (1) No person who is a member of the Senate shall, directly or indirectly, knowingly and wilfully be a party to or be concerned in any contract under which the public money of Canada is to be paid.

• Marginal note:Penalty for contravention

  (2) Any person who contravenes subsection (1) shall forfeit the sum of two hundred dollars for each day during which the contravention continues.

• Marginal note:Recovery of penalty

  (3) A sum forfeited by any person under subsection (2) is recoverable from that person by any person who sues for it in any court of competent jurisdiction in Canada.

• Marginal note:Exceptions

  (4) This section does not render any person liable to forfeiture by reason only that the person

  • (a) is a shareholder in any corporation having a contract or agreement with the Government of Canada, except any company that undertakes a contract for the building of any public work;

  • (b) is, or has been, a contractor for the loan of money or of securities for the payment of money to the Government of Canada under the authority of Parliament, after public competition; or

  • (c) is, or has been, a contractor in respect of the purchase or payment of the public stock or debentures of Canada, on terms common to all persons.

Marginal note:Limitation period

15 Proceedings for the recovery of any forfeiture imposed by section 14 may be instituted at any time within but not later than one year after the time when the forfeiture was incurred.

Marginal note:Receiving prohibited compensation

• 16 (1) No member of the Senate shall receive or agree to receive any compensation, directly or indirectly, for services rendered or to be rendered to any person, either by the member or another person,

  • (a) in relation to any bill, proceeding, contract, claim, controversy, charge, accusation, arrest or other matter before the Senate or the House of Commons or a committee of either House; or

  • (b) for the purpose of influencing or attempting to influence any member of either House.

• Marginal note:Offence and punishment

  (2) Every member of the Senate who contravenes subsection (1) is guilty of an offence and liable to a fine of not less than one thousand dollars and not more than four thousand dollars.

• Marginal note:Offering prohibited compensation

  (3) Every person who gives, offers or promises to any member of the Senate any compensation for services described in subsection (1), rendered or to be rendered, is guilty of an indictable offence and liable to imprisonment for a term not exceeding one year and to a fine of not less than five hundred dollars and not more than two thousand dollars.

Deputy Speaker

Marginal note:Speaker leaving the chair

17 Whenever the Speaker of the Senate, from illness or other cause, finds it necessary to leave the chair during any part of the sittings of the Senate on any day, the Speaker may call on any senator to take the chair and preside as Speaker during the remainder of that day unless the Speaker resumes the chair before the close of the sittings for that day.

Marginal note:Unavoidable absence

18 Whenever the Senate is informed of the unavoidable absence of the Speaker thereof by the Clerk at the table, the Senate may choose any senator to preside as Speaker during such absence and that senator thereupon has and shall execute all the powers, privileges and duties of Speaker until the Speaker resumes the chair or another Speaker is appointed by the Governor General.

Marginal note:Validity of acts

19 Every act done by any senator acting pursuant to section 17 or 18 has the same effect and validity as if the act had been done by the Speaker.

Internal Administration

Marginal note:Committee

• 19.1 (1) In this section and sections 19.2 to 19.9, Committee means the Standing Senate Committee on Internal Economy, Budgets and Administration established by the Senate under its rules.

• Marginal note:Intersessional authority

  (2) During a period of prorogation or dissolution of Parliament and until the members of a successor Committee are appointed by the Senate, the Committee continues to exist for the purposes of this Act and, subject to subsection (3), every member of the Committee, while still a senator, remains a member of the Committee as if there had been no prorogation or dissolution.

• Marginal note:Composition of Committee

  (3) The Leader of the Government in the Senate, or the nominee of the Leader, and the Leader of the Opposition in the Senate, or the nominee of the Leader, may, in accordance with the rules of the Senate, change the membership of the Committee from time to time, including during periods of prorogation or dissolution.

• Marginal note:Senate control

  (4) In exercising its functions and powers under this Act, the Committee is subject to the rules, direction and control of the Senate.

• Marginal note:Emergencies

  (5) Where the Chairman of the Committee deems that there is an emergency, the Committee’s Sub-committee on Agenda and Procedure may exercise any power of the Committee under this Act.

• Marginal note:Report of decision

  (6) The Chairman of the Committee shall report to the Committee any decision made under subsection (5) at the meeting of the Committee immediately following the decision.

Marginal note:Capacity of Committee

• 19.2 (1) In exercising the powers and carrying out the functions conferred upon it pursuant to this Act, the Committee has the capacity of a natural person and may

  • (a) enter into contracts, memoranda of understanding or other arrangements in the name of the Senate or in the name of the Committee; and

  • (b) do all such things as are necessary or incidental to the exercising of its powers or the carrying out of its functions.

• Marginal note:Immunity

  (2) Where a member of the Committee participates in the exercise of the powers or the carrying out of the functions of the Committee, the member shall not be held personally liable for the actions of the Committee.

Marginal note:Function of Committee inter alia

19.3 Subject to subsection 19.1(4), the Committee may act on all financial and administrative matters respecting

• (a) the Senate, its premises, its services and its staff; and

• (b) the members of the Senate.

Marginal note:Main Estimate to be prepared

19.4 Prior to each fiscal year the Committee shall cause to be prepared an estimate of the sums that will be required to be provided by Parliament for the payment of the charges and expenses of the Senate and of the members thereof during the fiscal year.

Regulations

Marginal note:Regulations

• 19.5 (1) The Committee may make regulations

  • (a) governing the use by senators of funds, goods, services and premises made available to them for the carrying out of their parliamentary functions;

  • (b) prescribing the terms and conditions of the management of, and accounting for, by senators, of funds referred to in paragraph (a); and

  • (c) respecting all such things as are necessary or incidental to the exercise of its powers and the carrying out of its functions.

• Marginal note:Chairman to table regulations

  (2) The Chairman of the Committee shall table before the Senate the regulations made under this section on any of the first thirty days after the making thereof.

• Marginal note:Chairman to make regulations available

  (3) When the Senate is not sitting, the Chairman of the Committee shall cause the regulations made under this section to be deposited with the Clerk of that House and such regulations shall thereupon be deemed to have been tabled before the Senate.

• Marginal note:Coming into force

  (4) Subject to subsection (5), regulations made under this section come into force on such day as may be fixed by resolution of the Senate.

• Marginal note:Earlier effect

  (5) Regulations made and tabled under this section during a period of prorogation or dissolution of Parliament have effect without a resolution of the Senate until the end of the thirtieth sitting day of the session of Parliament immediately following the prorogation or dissolution, unless they are earlier rescinded by the Senate.

• Marginal note:Regulations not statutory instruments

  (6) Regulations made under this section shall be deemed not to be statutory instruments for the purposes of the Statutory Instruments Act.

Opinions

Marginal note:Exclusive authority

• 19.6 (1) The Committee has the exclusive authority to determine whether any previous, current or proposed use by a senator of any funds, goods, services or premises made available to that senator for the carrying out of parliamentary functions is or was proper, given the discharge of the parliamentary functions of senators, including whether any such use is or was proper having regard to the intent and purpose of the regulations made under subsection 19.5(1).

• Marginal note:Senator may apply

  (2) Any senator may apply to the Committee for an opinion with respect to any use by that senator of any funds, goods, services or premises referred to in subsection (1).

Marginal note:Opinion during investigation

• 19.7 (1) During any investigation by a peace officer in relation to the use by a senator of funds, goods, services or premises referred to in subsection 19.6(1), the peace officer may apply to the Committee for, or the Committee may, on its own initiative, provide the peace officer with, an opinion concerning the propriety of such use.

• Marginal note:Opinion to be considered

  (2) Where an opinion is provided to a peace officer pursuant to subsection (1) and where an application for a process is made to a judge, the judge shall be provided with the opinion and shall consider it in determining whether to issue the process.

• Definition of process

  (3) For the purposes of this section, process means

  • (a) an authorization to intercept a private communication under section 185,

  • (b) an order for a special warrant under section 462.32,

  • (c) an order for a search warrant under section 487,

  • (d) a restraint order under section 462.33,

  • (e) the laying of an information under section 504 or 505,

  • (f) a summons or an arrest warrant under section 507, or

  • (g) the confirmation of an appearance notice, promise to appear or recognizance under section 508

  of the Criminal Code.

• Marginal note:Issuance of process by judge

  (4) The issuance of a process referred to in paragraphs (3)(c), (e), (f) and (g) that is based on the use by a senator of any funds, goods, services or premises made available to that senator for the carrying out of parliamentary functions shall be authorized by a judge of a provincial court within the meaning of section 2 of the Criminal Code.

Marginal note:General opinions

19.8 In addition to issuing opinions under section 19.6, the Committee may issue general opinions regarding the proper use of funds, goods, services and premises within the intent and purpose of the regulations made under subsection 19.5(1).

Marginal note:Comments may be included

• 19.9 (1) The Committee may include in its opinions any comments that the Committee considers relevant.

• Marginal note:Publication of opinions

  (2) Subject to subsection (3), the Committee may publish, in whole or in part, its opinions for the guidance of senators.

• Marginal note:Privacy and notification

  (3) Subject to subsection (4), the Committee shall take the necessary measures to assure the privacy of any senator who applies for an opinion and shall notify the senator of its opinion.

• Marginal note:Making opinions available

  (4) For the purposes of subsection 19.7(1), the Committee may, if it considers it appropriate to do so, make any of its opinions, including opinions issued under section 19.6, available to the peace officer.

Financial Administration

Marginal note:Expenditure for service of Senate

• 20 (1) Credits for all sums voted by Parliament and payable in respect of allowances to members of the Senate as provided in Part IV and in respect of other expenditure for the service of the Senate shall issue from time to time.

• Marginal note:Credits on banks of Canada

  (2) Credits referred to in subsection (1) shall issue on one of the banks of Canada in favour of the Clerk of the Senate and the assistant accountant of the Senate, or such other persons as the Speaker of the Senate from time to time designates for the purpose.

• Marginal note:Clerk to apply for credits

  (3) The Clerk of the Senate shall, by an order signed by the Clerk, apply for such credits as the Clerk deems necessary.

Senate Ethics Officer

Marginal note:Appointment

20.1 The Governor in Council shall, by commission under the Great Seal, appoint a Senate Ethics Officer after consultation with the leader of every recognized party in the Senate and after approval of the appointment by resolution of the Senate.

Marginal note:Tenure

• 20.2 (1) The Senate Ethics Officer holds office during good behaviour for a term of seven years and may be removed for cause by the Governor in Council on address of the Senate. He or she may be reappointed for one or more terms of up to seven years each.

• 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 a qualified person to hold that office in the interim for a term of up to six months.

Marginal note:Remuneration

• 20.3 (1) The Senate Ethics Officer shall be paid the remuneration set by the Governor in Council.

• Marginal note:Expenses

  (2) The Senate Ethics Officer is entitled to be paid reasonable travel and living expenses incurred in the performance of his or her duties or functions while absent from his or her ordinary place of residence, in the case of a part-time appointment, and ordinary place of work, in the case of a full-time appointment.

• Marginal note:Functions — part-time

  (3) In the case of a part-time appointment, the Senate Ethics Officer may not accept or hold any office or employment — or carry on any activity — inconsistent with his or her duties and functions under this Act.

• Marginal note:Functions — full-time

  (4) In the case of a full-time appointment, the Senate Ethics Officer shall engage exclusively in the duties and functions of the Senate Ethics Officer and may not hold any other office under Her Majesty or engage in any other employment for reward.

Marginal note:Deputy head

• 20.4 (1) The Senate Ethics Officer 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 Senate Ethics Officer.

• Marginal note:Powers to contract

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

• Marginal note:Staff

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

• Marginal note:Authorization

  (4) The Senate Ethics Officer 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 Senate Ethics Officer that he or she may determine.

• Marginal note:Salaries

  (5) The salaries of the officers and employees of the office of the Senate Ethics Officer 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 Senate Ethics Officer, 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 Senate Ethics Officer 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 Senate Ethics Officer 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 Senate 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:Duties and functions

• 20.5 (1) The Senate Ethics Officer shall perform the duties and functions assigned by the Senate for governing the conduct of members of the Senate when carrying out the duties and functions of their office as members of the Senate.

• Marginal note:Privileges and immunities

  (2) The duties and functions of the Senate Ethics Officer are carried out within the institution of the Senate. The Senate Ethics Officer enjoys the privileges and immunities of the Senate and its members when carrying out those duties and functions.

• Marginal note:General direction of committee

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

• Marginal note:Clarification — ethical principles, etc.

  (4) For greater certainty, the administration of any ethical principles, rules or obligations established by the Prime Minister for public office holders within the meaning of section 72.06 and applicable to 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:Clarification — powers, etc., of the Senate

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

Marginal note:No summons

• 20.6 (1) The Senate Ethics Officer, or any person acting on behalf or under the direction of the Senate Ethics Officer, 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 Senate Ethics Officer under this Act.

• Marginal note:Protection

  (2) No criminal or civil proceedings lie against the Senate Ethics Officer, or any person acting on behalf or under the direction of the Senate Ethics Officer, 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 Senate Ethics Officer 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 Senate Ethics Officer may otherwise enjoy.

Marginal note:Annual report

• 20.7 (1) The Senate Ethics Officer shall, within three months after the end of each fiscal year, submit a report on his or her activities under section 20.5 for that year to the Speaker of the Senate, who shall table the report in the Senate.

• Marginal note:Confidentiality

  (2) The Senate Ethics Officer may not include in the annual report any information that he or she is required to keep confidential.

PART IIIHouse of Commons

DIVISION AELIGIBILITY, RESIGNATION AND VACANCIES

Simultaneous Candidacies

Marginal note:Nomination for one electoral district only

21 No person shall be nominated and consent to be nominated so as to be a candidate for election as a member of the House of Commons for more than one electoral district at the same time and, if any person is nominated contrary to this section and consents thereto, all the nominations are void.

Members of Provincial Legislature

Marginal note:Ineligibility of member of provincial legislature

• 22 (1) No person who, on the day of the nomination at any election to the House of Commons, is a member of the legislature of any province is eligible to be a member of the House of Commons or is capable of being nominated or voted for at that election or of being elected to, or of sitting or voting in, the House of Commons.

• Marginal note:Election void

  (2) If any person declared ineligible by subsection (1) is elected and returned as a member of the House of Commons, the election of that person is void.

Marginal note:Member elected to provincial legislature

• 23 (1) If any member of the House of Commons is elected and returned to the legislature of any province and accepts the seat, that member’s election as a member of the House of Commons thereupon becomes void, the seat of that member is vacated and a writ shall issue forthwith for the election of a member to fill the vacancy.

• Marginal note:If elected or appointed without knowledge

  (2) A member of the House of Commons elected to the legislature of any province without the member’s knowledge or consent shall continue to hold a seat in the House of Commons, as if no such election had been made, if the member, without taking a seat in that legislature and within ten days after being notified of the election thereto or, in the event of the member’s absence from the province at the time, within ten days after arriving within the province, resigns the seat in that legislature and notifies the Speaker of the House of Commons of the resignation.

Marginal note:Penalty for person ineligible sitting or voting

• 24 (1) Any person who is, by this Division, declared ineligible to be a member of the House of Commons or incapable of sitting or voting therein and who nevertheless sits or votes in the House shall forfeit the sum of two thousand dollars for each day on which the person so sits or votes.

• Marginal note:Recovery of penalty

  (2) A sum forfeited under subsection (1) may be recovered by any person who sues for it, by action in any form allowed by law in the province in which the action is brought, in any court having jurisdiction.

Resignation of Members

Marginal note:Resignation in House or by declaration to Speaker

• 25 (1) Any person holding a seat in the House of Commons may resign the seat

  • (a) by giving, in that person’s place in the House, notice of intention to resign, in which case the Speaker of the House shall, immediately after entry of that notice by the Clerk of the House on the journals thereof, address a warrant under the hand and seal of the Speaker to the Chief Electoral Officer for the issue of a writ for the election of a new member in the place of that person; or

  • (b) by addressing and causing to be delivered to the Speaker of the House, either during a session of Parliament or in the interval between two sessions thereof, a declaration of intention to resign made in writing under the hand and seal of that person before two witnesses, in which case the Speaker shall, on receiving the declaration, forthwith address a warrant under the hand and seal of the Speaker to the Chief Electoral Officer for the issue of a writ for the election of a new member in the place of that person.

• Marginal note:Entry in journals

  (2) An entry of the declaration delivered under paragraph (1)(b) shall be thereafter made in the journals of the House of Commons.

Marginal note:Proceedings where Speaker absent

• 26 (1) If any person holding a seat in the House of Commons wishes to resign the seat in the interval between two sessions of Parliament and if there is then no Speaker of the House, the Speaker is absent from Canada or that person is the Speaker, the person may address and cause to be delivered to any two members of the House a declaration of intention to resign described in section 25.

• Marginal note:Warrant for election writ

  (2) On receiving the declaration pursuant to subsection (1), the two members shall forthwith address their warrant, under their hands and seals, to the Chief Electoral Officer for the issue of a writ for the election of a new member in the place of the person making that declaration.

Marginal note:Effect of resignation

• 27 (1) Any person holding a seat in the House of Commons who tenders a resignation of the seat in any manner provided in section 25 or 26 is deemed to have vacated the seat and ceases to be a member of the House.

• Marginal note:When member not to resign

  (2) A person holding a seat in the House of Commons shall not tender a resignation of the seat while the election of that person as a member of the House is lawfully contested or until after the expiration of the time during which the election may by law be contested on grounds other than corruption or bribery.

Vacancies

Marginal note:Vacancy in House of Commons

• 28 (1) If a vacancy occurs in the House of Commons by reason of the death of a member of the House or the acceptance of an office by a member of the House, or as a result of the contestation of the election of a member of the House under Part 20 of the Canada Elections Act, the Speaker of the House shall, without delay, on being informed of the vacancy by any member of the House in the member’s place or by written notice signed by any two members of the House, or on receipt of the final decision on the contestation of the election, address a warrant of the Speaker to the Chief Electoral Officer for the issue of a writ for the election of a member to fill the vacancy.

• Marginal note:Proceedings where Speaker absent

  (2) If, when a vacancy occurs as described in subsection (1), or at any time thereafter, before the warrant of the Speaker for a writ has issued, there is no Speaker of the House, the Speaker is absent from Canada or the member whose seat is vacated is the Speaker, any two members of the House may address their warrant, under their hands and seals, to the Chief Electoral Officer for the issue of a writ for the election of a member to fill that vacancy.

Marginal note:Vacancy before Parliament meets after a general election

• 29 (1) A warrant may issue to the Chief Electoral Officer for the issue of a writ for the election of a member of the House of Commons to fill any vacancy that, after a general election and before the first session of Parliament thereafter, occurs by reason of the death of, or the acceptance of an office by, any member of the House.

• Marginal note:Deemed vacancy

  (1.1) A warrant may be issued to the Chief Electoral Officer for the issue of a writ for the election of a member of the House of Commons to fill any vacancy that is deemed to occur where a report sent under paragraph 318(a) of the Canada Elections Act is received stating that no candidate was declared elected in the electoral district because of the equality of votes.

• Marginal note:Deemed by-election

  (1.2) An election held in the circumstances set out in subsection (1.1) is deemed to be a by-election.

• Marginal note:When writ may be issued

  (2) A writ may be issued

  • (a) in the case of a writ referred to in subsection (1), at any time after the death or acceptance of office by a member; and

  • (b) in the case of a writ referred to in subsection (1.1), at any time after the receipt of the report referred to in that subsection.

Marginal note:Effect of election

• 30 (1) The election to be held under a writ issued pursuant to section 29 does not in any manner affect the rights of any person entitled to contest the election (in this section referred to as the “previous election”), at the general election referred to in subsection 29(1), of the member by reason of whose death or acceptance of office the vacancy occurs.

• (2) and (3) [Repealed, 2000, c. 9, s. 563]

Marginal note:Issuance of election writ

• 31 (1) Where a vacancy occurs in the House of Commons, a writ shall be issued between the 11th day and the 180th day after the receipt by the Chief Electoral Officer of the warrant for the issue of a writ for the election of a member of the House.

• Marginal note:Exception

  (2) This section does not apply where the vacancy in respect of which the warrant has issued occurs within six months of the expiration of the time limited for the duration of the House of Commons.

• Marginal note:Dissolution after issue of writ

  (3) If Parliament is dissolved after the issue of a writ in accordance with this section, the writ shall thereupon be deemed to have been superseded and withdrawn.

DIVISION BCONFLICT OF INTEREST

Marginal note:Ineligibility

• 32 (1) Except as specially provided in this Division,

  • (a) no person accepting or holding any office, commission or employment, permanent or temporary, in the service of the Government of Canada, at the nomination of the Crown or at the nomination of any of the officers of the Government of Canada, to which any salary, fee, wages, allowance, emolument or profit of any kind is attached, and

  • (b) no sheriff, registrar of deeds, clerk of the peace or county crown attorney in any of the provinces,

  is eligible to be a member of the House of Commons or shall sit or vote therein.

• Marginal note:Exception

  (2) Nothing in subsection (1) renders ineligible to be a member of the House of Commons, or disqualifies from sitting or voting therein, any person described in paragraph (a) of that subsection, if it is, by the commission or other instrument of appointment of the person, declared or provided that the person shall hold his office, commission or employment without any salary, fee, wages, allowance, emolument or other profit of any kind attached thereto.

Marginal note:Persons exempt from ineligibility

• 33 (1) Nothing in this Division renders ineligible to be a member of the House of Commons, or disqualifies from sitting or voting therein, any person by reason only that the person

  • (a) is a member of Her Majesty’s forces who is on active service as a consequence of war;

  • (b) is a member of the reserve force of the Canadian Forces who is not on full-time service other than active service as a consequence of war; or

  • (c) accepts the payment out of public moneys of Canada of travel expenses incurred while on the public business of Canada if the trip was authorized by the Governor in Council, whether the authorization was given before or after the trip.

• Marginal note:Idem, members of Privy Council

  (2) Nothing in this Division renders ineligible to be a member of the House of Commons, or disqualifies from sitting or voting therein, any member of the Queen’s Privy Council for Canada by reason only that the member

  • (a) holds an office for which a salary is provided in section 4 or 5 of the Salaries Act and receives that salary, or

  • (b) is a Minister of State, other than a Minister of State referred to in section 5 of the Salaries Act, or a Minister without Portfolio and receives a salary in respect of that position,

  if the member is elected while holding that office or position or is, at the date when nominated by the Crown for that office or position, a member of the House of Commons.

• Marginal note:Idem, Parliamentary Secretaries

  (3) Notwithstanding anything in this Division, a person is not rendered ineligible to be a member of the House of Commons, or disqualified from sitting or voting therein, by reason only that the person accepts or holds the office of Parliamentary Secretary or receives any payment under section 61 or regulations made pursuant to section 66.

• Marginal note:Office of profit

  (4) Notwithstanding anything in this Division, the seat of a member of the House of Commons shall not be vacated by reason only of the acceptance by the member of an office of profit under the Crown if that office is an office the holder of which is capable of being elected to, or sitting or voting in, the House.

Marginal note:Government contractor

34 Where a person, directly or indirectly, alone or with any other, personally or by the interposition of any trustee or third party, holds, enjoys, undertakes or executes any contract or agreement, expressed or implied, with or for the Government of Canada on behalf of the Crown, or with or for any of the officers of the Government of Canada, for which any public money of Canada is to be paid, the person is not eligible to be a member of the House of Commons and shall not sit or vote therein.

Marginal note:Disqualification

35 If any member of the House of Commons

• (a) accepts any office or commission, or is concerned or interested in any contract, agreement, service or work, that, by virtue of this Division, renders a person incapable of being elected to, or of sitting or voting in, the House of Commons, or

• (b) knowingly sells to the Government of Canada any goods, wares or merchandise, or knowingly performs for the Government of Canada or for any of the officers of that Government any service, for which any public money of Canada is paid or to be paid,

whether the contract, agreement or sale is expressed or implied and whether the transaction is single or continuous, the seat of the member is thereby vacated and the member’s election is thenceforth void.

Marginal note:Penalty

• 36 (1) Any person who, by this Division, is declared ineligible to be a member of the House of Commons or is disqualified from sitting or voting therein or, having been duly elected, is disqualified pursuant to section 35 from continuing to be such a member or continuing to so sit or vote, and who nevertheless sits or votes in the House of Commons or continues to do so, shall forfeit the sum of two hundred dollars for each day on which the person so sits or votes.

• Marginal note:Recovery of penalty

  (2) A sum forfeited by any person under subsection (1) is recoverable from that person by any person who sues for it in any court of competent civil jurisdiction in Canada.

Marginal note:Acts done in recess

37 Sections 34 to 36 extend to any transaction or act begun and concluded during a recess of Parliament.

Marginal note:Clause in all Government contracts

• 38 (1) In every contract, agreement or commission to be made, entered into or accepted by any person with the Government of Canada or any of the departments or officers of that Government, for which any public money of Canada is to be paid, there shall be inserted an express condition that no member of the House of Commons shall be admitted to any share or part of the contract, agreement or commission or to any benefit to arise therefrom.

• Marginal note:Penalty

  (2) Where any person who has entered into or accepted, or enters into or accepts, any contract, agreement or commission described in subsection (1) admits any of the members of the House of Commons to any part or share of the contract, agreement or commission or to receive any benefit thereby, that person shall, for each such admission, forfeit and pay the sum of two thousand dollars, recoverable with costs in any court of competent civil jurisdiction by any person who sues for it.

Marginal note:Limitation period

39 Proceedings for the recovery of any forfeiture imposed by section 36 or 38 may be instituted at any time within but not later than one year after the time when the forfeiture was incurred.

Marginal note:Further exceptions

• 40 (1) This Division does not extend to render ineligible to be a member of the House of Commons, or disqualify from sitting or voting therein, any person by reason only that the person is

  • (a) a shareholder in any corporation having a contract or agreement with the Government of Canada, except any company that undertakes a contract for the building of any public work;

  • (b) a person on whom the completion of any contract or agreement, expressed or implied, devolves by descent, limitation, marriage, common-law partnership or by virtue of a marriage contract, or a pre-nuptial or co-habitation agreement, or as devisee, legatee, executor or administrator, where less than twelve months have elapsed after the devolution;

  • (c) a contractor for the loan of money or of securities for the payment of money to the Government of Canada under the authority of Parliament, after public competition; or

  • (d) a contractor in respect of the purchase or payment of the public stock or debentures of Canada, on terms common to all persons.

• Marginal note:Definition of “common-law partnership”

  (2) For the purposes of this section, persons are in a common-law partnership if they cohabit together in a conjugal relationship, having so cohabited for a period of at least one year.

Marginal note:Receiving prohibited compensation

• 41 (1) No member of the House of Commons shall receive or agree to receive any compensation, directly or indirectly, for services rendered or to be rendered to any person, either by the member or another person,

  • (a) in relation to any bill, proceeding, contract, claim, controversy, charge, accusation, arrest or other matter before the Senate or the House of Commons or a committee of either House; or

  • (b) for the purpose of influencing or attempting to influence any member of either House.

• Marginal note:Offence and punishment

  (2) Every member of the House of Commons who contravenes subsection (1) is guilty of an offence and liable to a fine of not less than five hundred dollars and not more than two thousand dollars and shall, for five years after conviction of that offence, be disqualified from being a member of the House of Commons and from holding any office in the federal public administration.

• Marginal note:Offering prohibited compensation

  (3) Every person who gives, offers or promises to any member of the House of Commons any compensation for services described in subsection (1), rendered or to be rendered, is guilty of an indictable offence and liable to imprisonment for a term not exceeding one year and to a fine of not less than five hundred dollars and not more than two thousand dollars.

DIVISION CSPEAKER, PARLIAMENTARY SECRETARIES, CLERK AND OTHER PERSONNEL

Deputy Speaker

Marginal note:Speaker leaving the chair

42 Whenever the Speaker of the House of Commons, from illness or other cause, finds it necessary to leave the chair during any part of the sittings of the House on any day, the Speaker may call on the Chairman of Committees or, in the absence of that Chairman, on any member of the House to take the chair and act as Deputy Speaker during the remainder of that day unless the Speaker resumes the chair before the close of the sittings for that day.

Marginal note:Unavoidable absence

• 43 (1) Whenever the House of Commons is informed of the unavoidable absence of the Speaker thereof by the Clerk at the table, the Chairman of Committees, if present, shall take the chair and perform the duties and exercise the authority of Speaker in relation to all the proceedings of the House, as Deputy Speaker, until the meeting of the House on the next sitting day and so on from day to day, on the like information given to the House, until the House otherwise orders.

• Marginal note:Adjournment of more than 24 hours

  (2) Notwithstanding subsection (1), where the House of Commons adjourns for more than twenty-four hours, the Deputy Speaker shall continue to perform the duties and exercise the authority of Speaker for twenty-four hours only after that adjournment.

Marginal note:Validity of acts

• 44 (1) If, at any time during a session of Parliament, the Speaker of the House of Commons is temporarily absent from the House and a Deputy Speaker thereupon performs the duties and exercises the authority of Speaker pursuant to section 42 or 43 or to the standing orders or other order or a resolution of the House, every act done and proceeding taken in or by the House, in the exercise of its powers and authority, has the same effect and validity as if the Speaker were in the chair.

• Marginal note:Idem

  (2) Every act done and warrant, order or other document issued, signed or published by a Deputy Speaker referred to in subsection (1) that relates to any proceedings of the House of Commons or that, under any statute, would be done, issued, signed or published by the Speaker, if then able to act, has the same effect and validity as if it had been done, issued, signed or published by the Speaker.

45 [Repealed, R.S., 1985, c. 42 (1st Supp.), s. 1]

Parliamentary Secretaries

Marginal note:Appointment

• 46 (1) The Governor in Council may appoint one or more members of the House of Commons to be Parliamentary Secretary or Secretaries to a minister.

• Marginal note:Maximum number

  (2) There shall not be appointed more Parliamentary Secretaries than the number of ministers who hold offices for which salaries are provided in sections 4 and 5 of the Salaries Act.

• Marginal note:Tenure of office

  (3) A Parliamentary Secretary holds office for a period not exceeding twelve months from the date of the appointment and, on ceasing to be a member of the House of Commons, ceases to hold the office of Parliamentary Secretary.

Marginal note:Duties

47 The Parliamentary Secretary or Secretaries to a minister shall assist the minister in such manner as the minister directs.

Clerk and Other Personnel

48 [Repealed, R.S., 1985, c. 1 (4th Supp.), s. 30]

Marginal note:Oath of allegiance

• 49 (1) The Clerk of the House of Commons shall take and subscribe before the Speaker thereof the oath of allegiance, and all other clerks, officers and messengers of the House shall take and subscribe before the Clerk the oath of allegiance.

• Marginal note:Registry

  (2) The Clerk of the House of Commons shall keep a register of all oaths taken and subscribed under subsection (1).

DIVISION DBOARD OF INTERNAL ECONOMY

Establishment and Organization

Marginal note:Board established

• 50 (1) There shall be a Board of Internal Economy of the House of Commons, in this section and sections 51 to 53 referred to as “the Board”, over which the Speaker of the House of Commons shall preside.

• Marginal note:Composition of Board

  (2) The Board shall consist of the Speaker, two members of the Queen’s Privy Council for Canada appointed from time to time by the Governor in Council, the Leader of the Opposition or the nominee of the Leader of the Opposition and other members of the House of Commons who may be appointed from time to time as follows:

  • (a) if there is only one party in opposition to the government that has a recognized membership of twelve or more persons in the House of Commons, the caucus of that party may appoint two members of the Board and the caucus of the government party may appoint one member of the Board; and

  • (b) if there are two or more parties in opposition to the government each of which has a recognized membership of twelve or more persons in the House of Commons,

    • (i) the caucus of each of those parties in opposition may appoint one member of the Board, and

    • (ii) the caucus of the government party may appoint that number of members of the Board that is one less than the total number of members of the Board who may be appointed under subparagraph (i).

• (3) [Repealed, 1997, c. 32, s. 1]

• Marginal note:Speaker to inform of appointments

  (4) The Speaker shall inform the House of Commons of any appointment made to the Board, on any of the first fifteen days on which the House is sitting after the appointment is made.

• Marginal note:Oath or affirmation

  (5) Every member of the Board shall, as soon as practicable after becoming a member of the Board, take before the Clerk of the House of Commons an oath or affirmation of fidelity and secrecy in the form set out in Form 3 of the schedule.

• Marginal note:Scope

  (6) For greater certainty, the oath or affirmation referred to in subsection (5) only relates to matters of security, employment and staff relations, tenders and investigations in relation to a member of the House of Commons and nothing in subsection (5) shall be construed as preventing the communication of any information relating to other matters to a party caucus.

Marginal note:Clerk is Secretary

51 The Clerk of the House of Commons is the Secretary to the Board.

Marginal note:Quorum

• 52 (1) Five members of the Board, of whom one shall be the Speaker, constitute a quorum.

• Marginal note:Death, disability or absence of Speaker

  (2) In the event of the death, disability or absence of the Speaker, five members of the Board, of whom one shall be a member of the Queen’s Privy Council for Canada appointed under subsection 50(2), constitute a quorum. The members present shall designate a member from among themselves to chair the meeting.

Marginal note:Emergencies

• 52.1 (1) Where the Speaker deems that there is an emergency, the Speaker may exercise any power of the Board.

• Marginal note:Report of decision

  (2) The Speaker shall report to the Board any decision made under subsection (1) at the meeting of the Board immediately following the decision.

Functions of Board

Marginal note:Capacity

• 52.2 (1) In exercising the powers and carrying out the functions conferred upon it pursuant to this Act, the Board has the capacity of a natural person and may

  • (a) enter into contracts, memoranda of understanding or other arrangements in the name of the House of Commons or in the name of the Board; and

  • (b) do all such things as are necessary or incidental to the exercising of its powers or the carrying out of its functions.

• Marginal note:Immunity

  (2) Where a member of the Board participates in the exercise of the powers or the carrying out of the functions of the Board, the member shall not be held personally liable for the actions of the Board.

Marginal note:Function of Board

52.3 The Board shall act on all financial and administrative matters respecting

• (a) the House of Commons, its premises, its services and its staff; and

• (b) the members of the House of Commons.

Marginal note:Estimate to be prepared

• 52.4 (1) Prior to each fiscal year the Board shall cause to be prepared an estimate of the sums that will be required to be provided by Parliament for the payment of the charges and expenses of the House of Commons and of the members thereof during the fiscal year.

• Marginal note:Estimate to be included in government estimates and tabled

  (2) The estimate referred to in subsection (1) shall be transmitted by the Speaker 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.

By-laws

Marginal note:By-laws

• 52.5 (1) The Board may make by-laws

  • (a) respecting the calling of meetings of the Board and the conduct of business at those meetings;

  • (b) governing the use by members of the House of Commons of funds, goods, services and premises made available to them for the carrying out of their parliamentary functions;

  • (c) prescribing the terms and conditions of the management of, and accounting for, by members of the House of Commons, of funds referred to in paragraph (b) and section 54; and

  • (d) respecting all such things as are necessary or incidental to the exercise of its powers and the carrying out of its functions.

• Marginal note:Speaker to table by-laws

  (2) The Speaker shall table before the House of Commons the by-laws made under this section on any of the first thirty days after the making thereof.

• Marginal note:Speaker to make by-laws available

  (3) When the House of Commons is not sitting, the Speaker shall cause the by-laws made under this section to be deposited with the Clerk of that House and such by-laws shall thereupon be deemed to have been tabled before the House of Commons.

• Marginal note:By-laws not statutory instruments

  (4) By-laws made under this section shall be deemed not to be statutory instruments for the purposes of the Statutory Instruments Act.

Opinions

Marginal note:Exclusive authority

• 52.6 (1) The Board has the exclusive authority to determine whether any previous, current or proposed use by a member of the House of Commons of any funds, goods, services or premises made available to that member for the carrying out of parliamentary functions is or was proper, given the discharge of the parliamentary functions of members of the House of Commons, including whether any such use is or was proper having regard to the intent and purpose of the by-laws made under subsection 52.5(1).

• Marginal note:Members may apply

  (2) Any member of the House of Commons may apply to the Board for an opinion with respect to any use by that member of funds, goods, services or premises referred to in subsection (1).

Marginal note:Opinion during investigation

• 52.7 (1) During any investigation by a peace officer in relation to the use by a member of the House of Commons of funds, goods, services or premises referred to in subsection 52.6(1), the peace officer may apply to the Board for, or the Board may, on its own initiative, provide the peace officer with, an opinion concerning the propriety of such use.

• Marginal note:Opinion to be considered

  (2) Where an opinion is provided to a peace officer pursuant to subsection (1) and where an application for a process is made to a judge, the judge shall be provided with the opinion and shall consider it in determining whether to issue the process.

• Definition of process

  (3) For the purposes of this section, process means

  • (a) an authorization to intercept a private communication under section 185,

  • (b) an order for a special warrant under section 462.32,

  • (c) an order for a search warrant under section 487,

  • (d) a restraint order under section 462.33,

  • (e) the laying of an information under section 504 or 505,

  • (f) a summons or an arrest warrant under section 507, or

  • (g) the confirmation of an appearance notice, promise to appear or recognizance under section 508

  of the Criminal Code.

• Marginal note:Issuance of process by judge

  (4) The issuance of a process referred to in paragraphs (3)(c), (e), (f) and (g) that is based on the use by a member of the House of Commons of any funds, goods, services or premises made available to that member for the carrying out of parliamentary functions shall be authorized by a judge of a provincial court within the meaning of section 2 of the Criminal Code.

Marginal note:General opinions

52.8 In addition to issuing opinions under section 52.6, the Board may issue general opinions regarding the proper use of funds, goods, services and premises within the intent and purpose of the by-laws made under subsection 52.5(1).

Marginal note:Comments may be included

• 52.9 (1) The Board may include in its opinions any comments that the Board considers relevant.

• Marginal note:Publication of opinions

  (2) Subject to subsection (3), the Board may publish, in whole or in part, its opinions for the guidance of members of the House of Commons.

• Marginal note:Privacy and notification

  (3) Subject to subsection (4), the Board shall take the necessary measures to assure the privacy of any member of the House of Commons who applies for an opinion and shall notify the member of its opinion.

• Marginal note:Making opinions available

  (4) For the purposes of subsection 52.7(1), the Board may, if it considers it appropriate to do so, make any of its opinions, including opinions issued under section 52.6, available to the peace officer.

Marginal note:In case of dissolution

53 On a dissolution of Parliament, every member of the Board and the Speaker and Deputy Speaker shall be deemed to remain in office as such, as if there had been no dissolution, until their replacement.

53.1 [Repealed, 1991, c. 20, s. 2]

Marginal note:Expenditure

54 All funds, other than those applied toward payment of the salaries and expenses of Parliamentary Secretaries, expended under Part IV in respect of the House of Commons shall be expended and accounted for in the same manner as funds for defraying the charges and expenses of the House and of the members thereof are to be expended and accounted for pursuant to this Division.

PART IVRemuneration of Members of Parliament

Remuneration Reference Amount

Marginal note:Reference amount

• 54.1 (1) Commencing on January 1, 2001, the remuneration reference amount is equal to the amount of the annual salary of the Chief Justice of the Supreme Court of Canada.

• Marginal note:Retroactive adjustments to reference amount

  (2) Adjustments to the remuneration reference amount shall be made retroactively to take into account any retroactive changes in the annual salary of the Chief Justice.

Sessional Allowances

Marginal note:Amount

• 55 (1) There shall be paid a sessional allowance at the rate of forty thousand two hundred dollars per annum, subject to adjustment made from time to time in accordance with subsections (3) to (6), to each of the members of the Senate and the House of Commons.

• Marginal note:Commencement of membership

  (2) For the purposes of this section, a person shall be deemed to have become a member of the Senate on the day on which the person is summoned to the Senate, and a person shall be deemed to have become a member of the House of Commons on the day last fixed for the election of a member of the House of Commons for the electoral district represented by the person.

• Marginal note:Adjustment

  (3) Subject to subsections (5) and (6) and section 67, for each twelve month period commencing January 1, there shall be paid to each of the members of the Senate and the House of Commons a sessional allowance at the rate per annum that is obtained by multiplying

  • (a) the sessional allowance payable to each such member for the twelve month period immediately preceding the twelve month period in respect of which the sessional allowance is to be determined

    by

  • (b) one per cent less than the lesser of

    • (i) the percentage that the Industrial Aggregate for the first adjustment year is of the Industrial Aggregate for the second adjustment year, and

    • (ii) the percentage that the Consumer Price Index for the first adjustment year is of the Consumer Price Index for the second adjustment year.

• Marginal note:Construction of certain expressions

  (4) For the purposes of subsection (3),

  • (a) in relation to any twelve month period in respect of which the sessional allowance is to be determined,

    • (i) the first adjustment year is the last twelve month period, preceding the commencement of the period in respect of which the sessional allowance is to be determined, for which the Industrial Aggregate or the Consumer Price Index, as the case may be, is available on the first day of the period in respect of which the sessional allowance is to be determined, and

    • (ii) the second adjustment year is the twelve month period immediately preceding the first adjustment year; and

  • (b) the Industrial Aggregate for an adjustment year is the average weekly wages and salaries of the Industrial Aggregate in Canada for that year as published by Statistics Canada under the authority of the Statistics Act.

  • (c) [Repealed, 2001, c. 20, s. 2]

• Marginal note:Sessional allowance for 1984

  (5) Subject to section 67, there shall be paid to each of the members of the Senate and the House of Commons for the twelve month period commencing January 1, 1984 a sessional allowance at the rate per annum that is the lesser of

  • (a) the rate per annum that would, but for this subsection, be determined under subsection (3), and

  • (b) the rate per annum that is obtained by multiplying

    • (i) the sessional allowance that was paid for the twelve month period commencing January 1, 1983 to each member under this section as in force at that date

      by

    • (ii) one hundred and five per cent.

• Marginal note:Calculation of allowance after January 1, 1985

  (6) For the purposes of calculating a sessional allowance under subsection (3) for the twelve month period commencing January 1, 1985, the sessional allowance payable for the twelve month period immediately preceding that twelve month period shall be deemed to be the sessional allowance payable under subsection (5).

• Marginal note:Override as of January 1, 1986

  (7) Notwithstanding subsection (3), there shall be paid to each of the members of the Senate and the House of Commons for the twelve month period commencing January 1, 1986 a sessional allowance that is one thousand dollars less than the amount that would, but for this subsection, be determined under subsection (3).

• Marginal note:Deeming provision

  (8) For the purposes of calculating

  • (a) a sessional allowance under subsection (3) for any period commencing after December 31, 1986, and

  • (b) contributions and allowances under the Members of Parliament Retiring Allowances Act,

  the sessional allowance payable for the twelve month period commencing January 1, 1986 shall be deemed to have been the sessional allowance that would, but for subsection (7), have been determined under subsection (3).

• Marginal note:Override as of January 1, 1992

  (9) Notwithstanding subsection (3), there shall be paid to every member of the Senate and House of Commons

  • (a) for the twelve month period commencing January 1, 1992, a sessional allowance at the same rate per annum as the sessional allowance payable to each such member for the twelve month period immediately preceding January 1, 1992; and

  • (b) for the twelve month periods commencing January 1, 1993, January 1, 1994, January 1, 1995, January 1, 1996 and January 1, 1997, a sessional allowance at the same rate per annum as the sessional allowance payable to each such member for the twelve month period commencing January 1, 1992 under paragraph (a).

• Marginal note:Sessional allowance after January 1, 1998

  (10) Despite subsection (3), the sessional allowance for the twelve month period beginning on January 1, 1998 and for every twelve month period beginning on every successive January 1 during the 36th Parliament is the sessional allowance payable for the twelve month period immediately before that period increased by two per cent.

• Marginal note:Deeming

  (11) For the purpose of calculating the sessional allowance for the twelve month period beginning on January 1, 1998, the sessional allowance payable for the twelve month period immediately before that period is deemed to be the sessional allowance payable under paragraph (9)(b).

• Marginal note:Sessional allowance after January 1, 2001

  (12) Notwithstanding anything in this section, the annual sessional allowance that shall be paid, commencing on January 1, 2001,

  • (a) to members of the Senate is equal to 50 per cent of the remuneration reference amount referred to in section 54.1 minus $25,000; and

  • (b) to members of the House of Commons is equal to 50 per cent of the remuneration reference amount referred to in section 54.1.

Marginal note:How allowance paid

56 The sessional allowances payable under section 55 shall be paid in monthly instalments on the last day of each month.

Marginal note:Deductions for non-attendance

• 57 (1) A deduction at the rate of $120 per day shall be made from the sessional allowance of a member of either House of Parliament for every day beyond 21 on which the member does not attend a sitting of that House if it sits on that day.

• Marginal note:Days not reckoned

  (2) For the purposes of subsection (1), in the case of a member elected or appointed after the commencement of a session, no day of a session previous to the election or appointment shall be reckoned as one of the twenty-one days referred to in that subsection.

• Marginal note:Reckoning days of attendance

  (3) Each day during a session on which

  • (a) a member of either House of Parliament did not attend a sitting thereof by reason of public or official business,

  • (b) there has been no sitting of the House in consequence of its having adjourned over that day, or

  • (c) the member is unable to attend by reason of being ill,

  shall be reckoned as a day of attendance of the member at that session.

• Marginal note:Payment of sessional allowance on death

  (4) Where a member of either House of Parliament dies, the sessional allowance of the member shall be paid to the end of the month in which the death occurs.

Marginal note:Service in armed forces not computed

58 In the calculation pursuant to this Part of any deduction from the sessional allowance of a member on account of absence, days that were spent by the member

• (a) on service as an officer or non-commissioned member of the reserve force while on any training or other duty authorized by regulations or orders made under the National Defence Act, or

• (b) in the Canadian Forces or in any other armed forces of Her Majesty while those forces are on active service in consequence of any war,

shall not be computed.

Marginal note:Stricter provisions by regulation of either House

59 The Senate or the House of Commons may make regulations, by rule or by order, rendering more stringent on its own members the provisions of this Act that relate to the attendance of members or to the deductions to be made from sessional allowances.

Salaries and Additional Allowances of Members

Marginal note:Presiding officers

60 There shall be paid to the following members of the Senate or House of Commons annual salaries equal to the remuneration reference amount referred to in section 54.1 multiplied by the following percentages:

• (a) the Speaker of the Senate, 17.6 per cent;

• (b) any member of the Senate occupying the recognized position of Speaker pro tempore of the Senate, 7.3 per cent;

• (c) the Speaker of the House of Commons, 24 per cent;

• (d) the Deputy Speaker of the House of Commons, 12.5 per cent;

• (e) the Deputy Chair of the Committee of the Whole House of Commons, 5.1 per cent;

• (f) the Assistant Deputy Chair of the Committee of the Whole House of Commons, 5.1 per cent;

• (g) any member — except one who receives a salary under the Salaries Act — occupying the position of Chair of a Standing or Special Committee of the Senate or House of Commons or a Standing or Special Joint Committee, other than the Liaison Committee of the House of Commons and the Standing Joint Committee on the Library of Parliament, 3.6%; and

• (h) any member — except one who receives a salary under the Salaries Act — occupying the position of Vice-Chair of a Standing or Special Committee of the Senate or House of Commons or a Standing or Special Joint Committee, other than the Liaison Committee of the House of Commons and the Standing Joint Committee on the Library of Parliament, 1.9%.

Marginal note:Parliamentary Secretaries

61 Commencing on January 1, 2001, a Parliamentary Secretary shall be paid an annual salary equal to the remuneration reference amount referred to in section 54.1 multiplied by 5.1 per cent.

Marginal note:Additional allowances

62 Commencing on January 1, 2001, there shall be paid to the following members of the Senate or the House of Commons additional annual allowances equal to the remuneration reference amount referred to in section 54.1 multiplied by the following percentages:

• (a) the member of the Senate occupying the position of Leader of the Government in the Senate, except any such member in receipt of a salary under the Salaries Act, 24 per cent;

• (b) the member of the Senate occupying the position of Leader of the Opposition in the Senate, 11.5 per cent;

• (c) the member of the Senate occupying the position of Deputy Leader of the Government in the Senate, 11.5 per cent;

• (d) the member of the Senate occupying the position of Deputy Leader of the Opposition in the Senate, 7.3 per cent;

• (e) the member of the Senate occupying the position of Government Whip in the Senate, 3.6 per cent;

• (f) the member of the Senate occupying the position of Opposition Whip in the Senate, 2.2 per cent;

• (g) the member occupying the position of Leader of the Opposition in the House of Commons, 24 per cent;

• (h) each member of the House of Commons, other than the Prime Minister or the member occupying the position of Leader of the Opposition in the House of Commons, who is the leader of a party that has a recognized membership of twelve or more persons in the House, 17.1 per cent;

• (i) each of the members occupying the positions of Chief Government Whip and Chief Opposition Whip in the House of Commons, 9.1 per cent;

• (j) each of the members occupying the positions of Deputy Government Whip and Deputy Opposition Whip and the position of Whip of a party that has a recognized membership of twelve or more persons in the House of Commons, 3.6 per cent;

• (k) the member occupying the position of Opposition House Leader in the House of Commons, 12.5 per cent; and

• (l) the member occupying the position of House Leader of a party that has a recognized membership of twelve or more persons in the House of Commons, 5.1 per cent.

Expenses

Marginal note:Moving, transportation, travel and telecommunication expenses

• 63 (1) For each session of Parliament, there shall be allowed to every member of each House of Parliament such actual moving, transportation, travel and telecommunication expenses as that House may, by order, prescribe.

• Marginal note:Motor vehicle allowances

  (2) In addition to the expenses payable pursuant to subsection (1), there shall be paid annually

  • (a) to each minister of the Crown, a motor vehicle allowance of two thousand dollars;

  • (b) to the member holding the recognized position of Leader of the Opposition in the House of Commons, a motor vehicle allowance of two thousand dollars; and

  • (c) to each of the Speakers of the Senate and the House of Commons, a motor vehicle allowance of one thousand dollars.

• (3) and (4) [Repealed, 2001, c. 20, s. 5]

64 [Repealed, 2001, c. 20, s. 6]

Marginal note:Statement of attendance

• 65 (1) For each session of Parliament, at the end of each month and at the end of the session, every member of each House of Parliament shall furnish the Clerk of that House with a statement, signed by the member, of the number of days attendance during the month or session, as the case may be, and, in the case of the inclusion of days on which the member has failed to attend by reason of illness, setting out that fact and that the absence was due to that illness and was unavoidable.

• Marginal note:Statement of travel and other expenses

  (2) Every member of each House of Parliament applying for an allowance for travel expenses shall furnish the Clerk of that House with a statement, signed by the member, of the actual moving or transportation expenses as provided for in subsection 63(1).

Marginal note:Regulations respecting Parliamentary Secretary’s expenses

66 The Governor in Council may make regulations providing for the payment to a Parliamentary Secretary of reasonable travel and other expenses

• (a) incurred by, and in the discharge of the duties of, the Parliamentary Secretary during a session of Parliament while away from Ottawa; or

• (b) incurred by the Parliamentary Secretary in the discharge of the duties, while away from the ordinary place of residence, of the Parliamentary Secretary during a period when Parliament is not in session.

66.1 [Repealed, 2001, c. 20, s. 8]

Adjustment of Salaries and Allowances

Marginal note:Adjustment of certain salaries and allowances

67 The salaries and allowances payable to members of the Senate or House of Commons under subsection 55(12) and sections 60 to 62 of this Act and section 4 of the Salaries Act shall be rounded down to the nearest hundred dollars.

68 [Repealed, 2001, c. 20, s. 9]

Allowances after Dissolution

Marginal note:Payment after dissolution

69 For the purposes of the allowances payable under sections 55 and 63, a person who, immediately before a dissolution of the House of Commons, was a member thereof shall be deemed to continue to be a member of the House until the date of the next following general election.

Severance Allowance

Marginal note:Where member not re-elected

• 70 (1) Subject to section 71, where a person who holds a seat in the House of Commons on the day of a dissolution of the House is, for any reason, not re-elected as a member thereof at the next following general election of members of the House, the person shall be paid a severance allowance in accordance with subsection (4).

• Marginal note:Death or disability

  (2) Subject to subsection (2.1) and section 71, where a person who holds a seat in the House of Commons dies or ceases to be a member of the House by reason of any permanent illness or infirmity by which the person is, in the opinion of the Speaker of the House, disabled from performing the person’s duties as a member of the House, there shall be paid to or in respect of the person a severance allowance in accordance with subsection (4).

• Marginal note:Exception

  (2.1) A severance allowance shall not be paid to or in respect of a person who is entitled to and elects to receive a disability allowance under section 71.1.

• Marginal note:Notice of Speaker’s opinion

  (3) Notice of the opinion referred to in subsection (2) shall be given to members of the House of Commons by means of a statement made by the Speaker in the House.

• Marginal note:Amount

  (4) Subject to subsections (4.1) and (5), the severance allowance to be paid to or in respect of a person under subsection (1) or (2) shall be a lump sum amount equal to fifty per cent of the aggregate of

  • (a) the sessional allowance under section 55, and

  • (b) any salary or allowance under section 60, 61 or 62 of this Act or section 4 of the Salaries Act

  to which the person was entitled immediately before ceasing to be a member of Parliament.

• Marginal note:Amount

  (4.1) Subject to subsection (5), the severance allowance to be paid to or in respect of a person under subsection (1) or (2) who is under fifty-five years of age on the day on which the person ceases to be a member and to whom an allowance would be immediately payable under the Members of Parliament Retiring Allowances Act shall be the amount that would be the severance allowance determined under subsection (4) but for this subsection less an amount equal to the annual allowance immediately payable under that Act to the person.

• Marginal note:Amount

  (5) The severance allowance to be paid to or in respect of a person under subsection (1) or (2) who is subject to the Members of Parliament Retiring Allowances Act who is fifty-four years of age immediately before ceasing to be a member of the House of Commons and who will be fifty-five years of age in less than six months is

  • (a) the severance allowance that would otherwise be payable under subsection (4)

  reduced by

  • (b) the amount determined by the formula

    A/B × C

    where

    A

    is the number of days between the beginning of the period mentioned in B and the day the person ceased to be a member of the House of Commons,

    B

    is the number of days in the six month period immediately before the person’s fifty-fifth birthday, and

    C

    is the severance allowance that would otherwise be payable under subsection (4).

• Marginal note:Supplementary severance allowance

  (6) Subject to subsection (8), a person who was entitled to elect under subsection 10(1.1) and 32(1.1) of the Members of Parliament Retiring Allowances Act and who did not elect shall be paid a supplementary severance allowance in the form of a lump sum equal to

  • (a) in the case of a person to whom an allowance would not be payable under the Members of Parliament Retiring Allowances Act, one twelfth of the sessional allowance under section 55 and any salary or allowance under section 60, 61 or 62 of this Act or section 4 of the Salaries Act to which the person was entitled immediately before ceasing to be a member, for every year the member was a member, to a maximum of twelve years; and

  • (b) in the case of a person to whom an allowance would be payable under the Members of Parliament Retiring Allowances Act, one twelfth of the sessional allowance under section 55 and any salary or allowance under section 60, 61 or 62 of this Act or section 4 of the Salaries Act to which the person was entitled immediately before ceasing to be a member, for every year the member was a member in the period referred to in subsections 10(1.1) and 32(1.1) of the Members of Parliament Retiring Allowances Act.

• (7) [Repealed, 2000, c. 27, s. 1]

• Marginal note:Persons under fifty-five years of age

  (8) A person who is under fifty-five years of age on the day the person ceases to be a member is entitled to the supplementary severance allowance only if the person has been a member for at least six years.

• Marginal note:Payment deferred

  (9) Payment of a supplementary severance allowance to a person referred to in subsection (8) who is entitled to it shall be deferred until the person reaches the age of fifty-five, except that if the person dies after becoming entitled to the supplementary severance allowance, it shall be payable immediately. Interest shall accrue on the amount of the supplementary severance allowance from the time the person becomes entitled to it to the time it is paid.

• Marginal note:Member for a year

  (10) For the purposes of subsections (6) and (8), a member is deemed to have been a member for a year if the member was a member for six months or more in any twelve month period.

Marginal note:Restriction

71 A severance allowance shall not be paid under subsection 70(1) or (2) to or in respect of any person to or in respect of whom an allowance is immediately payable under the Members of Parliament Retiring Allowances Act, except in the case referred to in subsection 70(4.1).

Disability Allowance

Marginal note:Entitlement

• 71.1 (1) A member of the Senate or the House of Commons who resigns by reason of disability may elect to receive an annual disability allowance equal to 70% of their annual salaries and allowances under subsection 55(12) and sections 60 to 62 of this Act and section 4 of the Salaries Act on the day of resignation if, at the time of their resignation, the member

  • (a) is 65 years of age or over; and

  • (b) is incapable, because of the disability, of performing the member’s duties.

• Marginal note:Adjustments

  (2) The disability allowance shall be adjusted to take into account changes in the annual salaries and allowances on which the disability allowance was based.

• Marginal note:Payment

  (3) The disability allowance shall be paid

  • (a) in the case of a member of the Senate, until the member revokes the election, attains 75 years of age or dies, whichever is the earliest; or

  • (b) in the case of a member of the House of Commons, until the member revokes the election or dies or the date of the next general election following the member’s resignation, whichever is the earliest.

• Marginal note:Regulations

  (4) The Governor in Council may make regulations respecting disability allowances, including regulations respecting

  • (a) the determination of eligibility for disability allowances and medical examinations that are required;

  • (b) elections to receive disability allowances and the revocation of elections; and

  • (c) the administration and payment of disability allowances.

• Marginal note:Retroactive regulations

  (5) Regulations made under subsection (4) may, if they so provide, be retroactive.

Group Insurance Plans

Marginal note:Eligibility if person not in receipt of allowance

• 71.2 (1) If a person, having reached 50 years of age and having contributed or elected to contribute under the Members of Parliament Retiring Allowances Act as a member for at least six years, ceases to be a member of the Senate or the House of Commons and is not in receipt of an allowance by virtue of subsection 37.1(1) of that Act, the person is deemed to be in receipt of an allowance, other than a withdrawal allowance, under that Act for the purpose of being eligible to participate in the Public Service Health Care Plan, the Pensioners’ Dental Services Plan and the Public Service Management Insurance Plan established by the Treasury Board, on the same terms and conditions as apply to persons in receipt of an allowance, other than a withdrawal allowance, under that Act.

• Marginal note:When provision ceases to apply

  (2) Subsection (1) ceases to apply if the person

  • (a) reaches 55 years of age;

  • (b) becomes entitled to receive a disability pension under the Canada Pension Plan or a provincial pension plan similar to it; or

  • (c) becomes a member of the Senate or the House of Commons.

• Marginal note:Eligibility if person in receipt of disability allowance

  (3) A person who is entitled to and elects to receive a disability allowance under section 71.1 is deemed to be in receipt of an allowance, other than a withdrawal allowance, under the Members of Parliament Retiring Allowances Act for the purpose of being eligible to participate in the plans referred to in subsection (1), on the same terms and conditions as apply to persons in receipt of an allowance, other than a withdrawal allowance, under that Act.

Financial Provisions

Marginal note:Payments out of C.R.F.

• 72 (1) There is hereby granted to Her Majesty, out of any unappropriated moneys forming part of the Consolidated Revenue Fund, an annual sum sufficient to enable Her Majesty to pay the amount of the sessional allowances of members of Parliament.

• Marginal note:Salary of Parliamentary Secretaries

  (2) The salary of a Parliamentary Secretary under this Act shall be paid out of the Consolidated Revenue Fund.

• Marginal note:Payments out of C.R.F.

  (3) The sessional allowances payable under subsection 55(10), any supplementary severance allowance payable under subsection 70(6) and any disability allowance payable under section 71.1 shall be paid out of the Consolidated Revenue Fund.

PART VGeneral

Ethics Commissioner

Marginal note:Appointment

72.01 The Governor in Council shall, by commission under the Great Seal, appoint an Ethics Commissioner after consultation with the leader of every recognized party in the House of Commons and after approval of the appointment by resolution of that House.

Marginal note:Tenure

• 72.02 (1) The Ethics Commissioner holds office during good behaviour for a term of five years and may be removed for cause by the Governor in Council on address of the House of Commons. He or she may be reappointed for one or more terms of up to five years each.

• 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 a qualified person to hold that office in the interim for a term of up to six months.

Marginal note:Remuneration

• 72.03 (1) The Ethics Commissioner shall be paid the remuneration set by the Governor in Council.

• Marginal note:Expenses

  (2) The Ethics Commissioner is entitled to be paid reasonable travel and living expenses incurred in the performance of his or her duties or functions while absent from his or her ordinary place of work.

• Marginal note:Carrying out functions

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

Marginal note:Deputy head

• 72.04 (1) The Ethics 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 Ethics Commissioner.

• Marginal note:Powers to contract

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

• Marginal note:Staff

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

• Marginal note:Authorization

  (4) The Ethics 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 Ethics Commissioner that he or she may determine.

• Marginal note:Salaries

  (5) The salaries of the officers and employees of the office of the Ethics 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 Ethics 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 Ethics 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 Ethics 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.

Functions in Relation to Members of the House of Commons

Marginal note:Duties and functions

• 72.05 (1) The Ethics Commissioner shall perform the duties and functions assigned by the House of Commons for governing the conduct of its members when 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 Ethics Commissioner are carried out within the institution of the House of Commons. The Ethics 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 Ethics 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 administration of any ethical principles, rules or obligations established by the Prime Minister for public office holders, and applicable to ministers of the Crown, ministers of state or parliamentary secretaries, is not within the jurisdiction of the Ethics Commissioner under subsection (1) or the committee.

• 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.

Functions in Relation to Public Office Holders

Definition of public office holder

72.06 For the purposes of sections 20.5, 72.05 and 72.07 to 72.09, public office holder means

• (a) a minister of the Crown, a minister of state or a parliamentary secretary;

• (b) a person, other than a public servant, who works on behalf of a minister of the Crown or a minister of state;

• (c) a Governor in Council appointee, other than the following persons, namely,

  • (i) a lieutenant governor,

  • (ii) officers and staff of the Senate, House of Commons and Library of Parliament,

  • (iii) a person appointed or employed under the Public Service Employment Act who is a head of mission within the meaning of subsection 13(1) of the Department of Foreign Affairs and International Trade Act,

  • (iv) a judge who receives a salary under the Judges Act,

  • (v) a military judge within the meaning of subsection 2(1) of the National Defence Act, and

  • (vi) an officer of the Royal Canadian Mounted Police, not including the Commissioner; and

• (d) a full-time ministerial appointee designated by the appropriate minister of the Crown as a public office holder.

Marginal note:Principles, rules and obligations

72.061 The Prime Minister shall establish ethical principles, rules and obligations for public office holders.

Marginal note:Tabling

72.062 The ethical principles, rules and obligations for public office holders shall be laid before each House of Parliament within 30 sitting days after the Prime Minister assumes office, and any subsequent changes to those ethical principles, rules and obligations shall be laid before that House within 15 sitting days after they are established.

Marginal note:Mandate

72.07 The mandate of the Ethics Commissioner in relation to public office holders is

• (a) to administer any ethical principles, rules or obligations established by the Prime Minister for public office holders;

• (b) to provide confidential advice to the Prime Minister with respect to those ethical principles, rules or obligations and ethical issues in general; and

• (c) to provide confidential advice to a public office holder with respect to the application to him or her of those ethical principles, rules or obligations.

Marginal note:Request from parliamentarian

• 72.08 (1) A member of the Senate or House of Commons who has reasonable grounds to believe that a minister of the Crown, a minister of state or a parliamentary secretary has not observed the ethical principles, rules or obligations established by the Prime Minister for public holders office may, in writing, request that the Ethics Commissioner examine the matter.

• Marginal note:Content of request

  (2) The request shall identify the alleged non-observance of the ethical principles, rules or obligations established by the Prime Minister for public office holders and set out the reasonable grounds for the belief that they have not been observed.

• Marginal note:Examination

  (3) The Ethics Commissioner shall examine the matter described in a request and, having regard to all the circumstances of the case, may discontinue the examination.

• Marginal note:Report

  (4) The Ethics Commissioner shall, even if he or she discontinues the examination of a request, provide the Prime Minister with a report setting out the facts in question as well as the Ethics Commissioner's analysis and conclusions in relation to the request.

• Marginal note:Making report available

  (5) The Ethics Commissioner shall, at the same time that the report is provided under subsection (4), provide a copy to the member who made the request — and the minister or parliamentary secretary who is the subject of the request — and make the report available to the public.

• Marginal note:Confidentiality

  (6) The Ethics Commissioner may not include in the report any information that he or she is required to keep confidential.

Marginal note:Presentation of views

72.09 Before providing confidential advice under paragraph 72.07(b) or a report under subsection 72.08(4), the Ethics Commissioner shall provide the public office holder concerned with a reasonable opportunity to present his or her views.

Marginal note:Powers

• 72.1 (1) For the purposes of paragraph 72.07(b) and section 72.08, the Ethics Commissioner has the power to summon witnesses and require them

  • (a) to give evidence — orally or in writing — on oath or, if they are persons entitled to affirm in civil matters, on solemn affirmation; and

  • (b) to produce any documents and things that the Ethics Commissioner considers necessary.

• Marginal note:Enforcement

  (2) The Ethics Commissioner has the same power to enforce the attendance of witnesses and to compel them to give evidence as a court of record in civil cases.

• Marginal note:Powers exercised in private

  (3) The powers referred to in subsections (1) and (2) shall be exercised in private.

• Marginal note:Inadmissibility

  (4) Information given by a person under this section is inadmissible against the person in a court or in any proceeding, other than in a prosecution of the person for an offence under section 131 of the Criminal Code (perjury) in respect of a statement made to the Ethics Commissioner.

• Marginal note:Confidentiality

  (5) The Ethics Commissioner, and every person acting on behalf or under the direction of the Ethics Commissioner, may 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 Commissioner, essential for the purposes of this section; or

  • (b) the information is disclosed 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 Commissioner.

Marginal note:Suspension of examination

• 72.11 (1) The Ethics Commissioner shall immediately suspend an examination referred to in section 72.08 if

  • (a) the Ethics Commissioner believes on reasonable grounds that the minister or parliamentary secretary has committed an offence under an Act of Parliament in respect of the same subject matter, in which case the Ethics Commissioner shall notify the relevant authorities; or

  • (b) it is discovered that the subject matter of the examination is also the subject matter of an investigation to determine whether an offence referred to in paragraph (a) has been committed or that a charge has been laid in respect of that subject matter.

• Marginal note:Investigation continued

  (2) The Ethics Commissioner may not continue an examination until any investigation or charge in respect of the same subject matter has been finally disposed of.

General

Marginal note:No summons

• 72.12 (1) The Ethics Commissioner, or any person acting on behalf or under the direction of the Ethics 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 Ethics Commissioner under this Act.

• Marginal note:Protection

  (2) No criminal or civil proceedings lie against the Ethics Commissioner, or any person acting on behalf or under the direction of the Ethics 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 Ethics 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 Ethics Commissioner may otherwise enjoy.

Marginal note:Annual reports

• 72.13 (1) Within three months after the end of each fiscal year, the Ethics Commissioner

  • (a) shall submit a report on his or her activities under section 72.05 for that year to the Speaker of the House of Commons, who shall table the report in that House; and

  • (b) shall submit a report on his or her activities under sections 72.07 and 72.08 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 Ethics Commissioner may not include in the annual reports any information that he or she is required to keep confidential.

Library of Parliament

Marginal note:Books, etc., vested in Her Majesty

73 All books, paintings, maps and other articles that are in the joint possession of the Senate and the House of Commons, including any additions to the collection of articles, are vested in Her Majesty, for the use of both Houses of Parliament, and shall be kept in a suitable portion of the Parliament buildings appropriated for that purpose.

Marginal note:Administration

• 74 (1) The direction and control of the Library of Parliament and the officers, clerks and servants connected therewith is vested in the Speaker of the Senate and the Speaker of the House of Commons assisted, during each session, by a joint committee to be appointed by the two Houses.

• Marginal note:Regulations

  (2) The Speakers of the two Houses of Parliament, assisted by the joint committee referred to in subsection (1), may, subject to the approval of the two Houses, make such orders and regulations for the government of the Library, and for the proper expenditure of moneys voted by Parliament for the purchase of books, maps or other articles to be deposited therein, as appear to them appropriate.

Marginal note:Parliamentary Librarian

• 75 (1) The Governor in Council may, by commission under the Great Seal, appoint a Parliamentary Librarian to hold office during pleasure.

• Marginal note:Rank and duties

  (2) The Parliamentary Librarian has the rank of a deputy head of a department of the Government of Canada and, subject to section 74, has the control and management of the Library.

• Marginal note:Associate Parliamentary Librarian

  (3) The Governor in Council may, by commission under the Great Seal, appoint an Associate Parliamentary Librarian to hold office during pleasure who, in addition to any duties defined in respect of the office under section 78, shall execute and perform the duties and functions of Parliamentary Librarian during the absence, illness or other incapacity of the Parliamentary Librarian or during a vacancy in the office of Parliamentary Librarian.

• Marginal note:Other officers and employees

  (4) Such officers, other than the Parliamentary Librarian and the Associate Parliamentary Librarian, and such clerks and servants as 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:Parliamentary Poet Laureate

• 75.1 (1) There is hereby established the position of Parliamentary Poet Laureate, the holder of which is an officer of the Library of Parliament.

• Marginal note:Selection

  (2) The Speaker of the Senate and the Speaker of the House of Commons, acting together, shall select the Parliamentary Poet Laureate from a list of three names submitted in confidence by a committee chaired by the Parliamentary Librarian and also composed of the Librarian and Archivist of Canada, the Commissioner of Official Languages for Canada and the Chair of the Canada Council.

• Marginal note:Term

  (3) The Parliamentary Poet Laureate holds office for a term not exceeding two years, at the pleasure of the Speaker of the Senate and the Speaker of the House of Commons acting together.

• Marginal note:Roles and responsibilities

  (4) The Parliamentary Poet Laureate may

  • (a) write poetry, especially for use in Parliament on occasions of state;

  • (b) sponsor poetry readings;

  • (c) give advice to the Parliamentary Librarian regarding the collection of the Library and acquisitions to enrich its cultural holdings; and

  • (d) perform such other related duties as are requested by either Speaker or the Parliamentary Librarian.

Marginal note:Salaries of Librarians

• 76 (1) Each of the Librarians appointed under subsections 75(1) and (3) shall receive such salary as that Librarian is by law authorized to receive.

• Marginal note:Salaries of other officers and employees

  (2) The salaries of the officers, other than those referred to in subsection (1), and of the clerks and servants of the Library shall be fixed according to the scale provided by law.

Marginal note:Payment

77 The salaries of the officers, clerks and servants of the Library of Parliament and any casual expenses connected therewith shall be paid out of moneys provided by Parliament for that purpose.

Marginal note:Duties of Librarians and staff

78 The Parliamentary Librarian, the Associate Parliamentary Librarian and the other officers, clerks and servants of the Library are responsible for the faithful discharge of their official duties, as defined 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:Stationery

79 The supply of stationery required for the use of the Library shall be furnished by the Department of Public Works and Government Services and charged to the Houses of Parliament.

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.