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

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 or 462.321,

  • (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 or undertaking 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 the Government in the Senate or Government Representative in the Senate, the Leader of the Opposition in the Senate and the Leader or Facilitator of every other recognized party or parliamentary group 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 any qualified person to hold that office in the interim for a term not exceeding six months, and that person shall, while holding office, be paid the salary or other remuneration and expenses that may be fixed by the Governor in Council.

Marginal note:Remuneration

• 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:Conflict of Interest Act

  (4) For greater certainty, the administration of the Conflict of Interest Act in respect of public office holders who are ministers of the Crown, ministers of state or parliamentary secretaries is not part of the duties and functions of the Senate Ethics Officer or the committee.

• Marginal note: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.