Parliament of Canada Act

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.