| Canada: Integrity Scorecard Report > Sub-Category: Legislative Accountability | ||
| Indicators | Score | |
| 32 | Can members of the legislature be held accountable for their actions? | 92 |
| 33 | Are there regulations governing conflicts of interest by members of the national legislature? | 32 |
| 34 | Can citizens access the asset disclosure records of members of the national legislature? | 17 |
| 35 | Can citizens access legislative processes and documents? | 100 |
Indicator and sub-Indicator Details
| 32 | Can members of the legislature be held accountable for their actions? | |||||||
| 32a: In law, the judiciary can review laws passed by the legislature. | ||||||||
|
||||||||
|
Comments: References: - The Constitution Act, 1987, section 91, subsection 92A(3), section 94A, and section 95 set out the jurisdiction of the federal Canadian Parliament, and the federal courts and/or provincial superior courts can review the laws passed by the federal Parliament if they exceed Parliament's constitutionally defined jurisdiction -- [ LINK ] - The Constitution Act, 1982, Part 1 The Canadian Charter of Rights and Freedoms, section 24 states that "Anyone whose rights or freedoms, as guaranteed by this Charter, have been infringed or denied may apply to a court of competent jurisdiction to obtain such remedy as the court considers appropriate and just in the circumstances." -- [ LINK ] - Canadian federal government's guide to the Charter -- [ LINK ] - Canadian Bar Association (Province of British Columbia branch) overview of Charter court application process -- [ LINK ] - Federal Courts Act (R.S., 1985, c. F-7), subsection 2(1) definition of "federal board, commission or other tribunal" defines which federal government institutions can be reviewed by the court -- [ LINK ] - In addition, even if an application challenging a federal law cannot be filed in Federal Court, it can usually be filed in a provincial court unless a specific statutory prohibition (such as a privative clause) prevents such an application.
|
||||||||
| 32b: In practice, when necessary, the judiciary reviews laws passed by the legislature. | ||||||||
|
||||||||
|
Comments: - The score of 75 is given because there is a split opinion in Canada concerning the aggressiveness, fairness, and non-partisanship of the federal Canadian judiciary; likely opinion will always be split, as each ruling of the judiciary engenders support or opposition depending, of course, on the ruling. At the same time, all evidence points to the conclusion that the Canadian federal judiciary is responsive (given the resources made available to it, and scheduling difficulties that exist in all courts.) References: - Bibliography of academic articles about the Supreme Court of Canada and the Charter -- [ LINK ] - Article "The Charter and the Supreme Court - A 25-Year Trial" -- [ LINK ] - Charter Committee on Poverty Issues litigation Web page -- [ LINK ]
|
||||||||
| 32c: In law, are members of the national legislature subject to criminal proceedings? | ||||||||
|
||||||||
|
Comments: References: - Criminal Code (R.S., 1985, c. C-46) -- [ LINK ] -- particularly Part IV re: corruption crimes
|
||||||||
| 33 | Are there regulations governing conflicts of interest by members of the national legislature? | |||||||
| 33a: In law, members of the national legislature are required to file an asset disclosure form. | ||||||||
|
||||||||
|
Comments: - The CA$10,000 threshold for the disclosure of assets is much too high, as it effectively allows members of the legislature (House of Commons and Senate) to hide gifts they receive that are worth less than CA$10,000 (although receiving some of these gifts (for example, from a lobbyist) is technically illegal under the codes.) - The gap in disclosure of assets worth less than CA$10,000 is especially serious because there is no public evidence that the Conflict of Interest and Ethics Commissioner has audited any statement of assets of a member of the House of Commons, just like the Senate Ethics Officer has not audited any statement of a senator. References: - Conflict of Interest Code for Members of the House of Commons (first in force in October 2004) -- most assets worth more than CA$10,000 (US$7,869) must be disclosed to the Conflict of Interest and Ethics Commissioner, with a partial list of assets made public -- [ LINK ] - Office of the Conflict of Interest and Ethics Commissioner -- [ LINK ] - Conflict of Interest Code for Senators (first in force in March 2005) -- most assets worth more than CA$10,000 must be disclosed to the Senate Ethics Officer, who keeps the contents of the form confidential -- [ LINK ] - Senate Ethics Officer -- [ LINK ]
|
||||||||
| 33b: In law, there are restrictions for national legislators entering the private sector after leaving the government. | ||||||||
|
||||||||
|
Comments: References: - There are no cooling off periods for members of the legislature (House of Commons or Senate) nor for their staff.
|
||||||||
| 33c: In law, there are regulations governing gifts and hospitality offered to members of the national legislature. | ||||||||
|
||||||||
|
Comments: References: - Part IV (bribery and corruption provisions) of the Criminal Code (R.S., 1985, c. C-46) -- [ LINK ] - Conflict of Interest Code for Members of the House of Commons (MPs Code - first in force in October 2004) -- most assets worth more than CA$10,000 (US$7,869) must be disclosed to the Conflict of Interest and Ethics Commissioner, with a partial list of assets made public -- [ LINK ] - in addition, subsections 2(e) and sections 14 and 15 of the Code contain specific rules re: gifts and hospitality - Office of the Conflict of Interest and Ethics Commissioner -- [ LINK ] - Conflict of Interest Code for Senators (Senators' Code - first in force in March 2005) -- most assets worth more than CA$10,000 must be disclosed to the Senate Ethics Officer, who keeps the contents of the form confidential -- [ LINK ] - In addition, sections 17 to 19 of the Senators' Code contain specific rules re: gifts and hospitality - Senate Ethics Officer -- [ LINK ]
|
||||||||
| 33d: In law, there are requirements for the independent auditing of the asset disclosure forms of members of the national legislature. | ||||||||
|
||||||||
|
Comments: References: - Conflict of Interest Code for Members of the House of Commons (first in force in October 2004) -- most assets worth more than CA$10,000 (US$7,869) must be disclosed to the Conflict of Interest and Ethics Commissioner, with a partial list of assets made public -- [ LINK ] - Office of the Conflict of Interest and Ethics Commissioner -- [ LINK ] - Conflict of Interest Code for Senators (first in force in March 2005) -- most assets worth more than CA$10,000 must be disclosed to the Senate Ethics Officer, who keeps the contents of the form confidential -- [ LINK ] - Senate Ethics Officer -- [ LINK ] - Neither code gives the Commissioner or the Officer the clear power to conduct audits of asset disclosures (or liability disclosures), but both have the general mandate of administering the codes, which (in law) implies that they have the power to conduct audits. - The CA$10,000 threshold for the disclosure of assets is much too high, as it effectively allows members of the legislature (House of Commons and Senate) to hide gifts they receive that are worth less than CA$10,000 (although receiving some of these gifts (for example, from a lobbyist) is technically illegal under the codes.) - The gap in disclosure of assets worth less than CA$10,000 is especially serious because there is no public evidence that the Conflict of Interest and Ethics Commissioner has audited any statement of assets of a member of the House of Commons, and the Senate Ethics Officer has also not audited any statement of a senator.
|
||||||||
| 33e: In practice, the regulations restricting post-government private sector employment for national legislators are effective. | ||||||||
|
||||||||
|
Comments: References: - There are no cooling off periods for members of the legislature (House of Commons or Senate) nor for their staff.
|
||||||||
| 33f: In practice, the regulations governing gifts and hospitality offered to national legislators are effective. | ||||||||
|
||||||||
|
Comments: References: - Part IV (bribery and corruption provisions) of the Criminal Code (R.S., 1985, c. C-46) -- [ LINK ] - Conflict of Interest Code for Members of the House of Commons (MPs Code - first in force in October 2004) -- most assets worth more than CA$10,000 (US$7,869) must be disclosed to the Conflict of Interest and Ethics Commissioner, with a partial list of assets made public -- [ LINK ] - in addition, subsections 2(e) and sections 14 and 15 of the Code contain specific rules re: gifts and hospitality - Office of the Conflict of Interest and Ethics Commissioner -- [ LINK ] - Conflict of Interest Code for Senators (Senators' Code - first in force in March 2005) -- most assets worth more than CA$10,000 must be disclosed to the Senate Ethics Officer, who keeps the contents of the form confidential -- [ LINK ] - In addition, sections 17 to 19 of the Senators' Code contain specific rules re: gifts and hospitality - Senate Ethics Officer -- [ LINK ] -- NOTE: under the Conflict of Interest Code for Senators, the Senate Ethics Officer is under the control of a committee of senators, and cannot investigate, hold an inquiry, or issue an inquiry report without the approval of the committee. - The CA$10,000 threshold for the disclosure of assets is much too high, as it effectively allows members of the legislature (House of Commons and Senate) to hide gifts they receive that are worth less than CA$10,000 (although receiving some of these gifts (for example, from a lobbyist) is technically illegal under the codes.) - The gap in disclosure of assets worth less than CA$10,000 is especially serious because there is no public evidence that the Conflict of Interest and Ethics Commissioner has audited any statement of assets of a member of the House of Commons, and the Senate Ethics Officer has also not audited any statement of a senator.
|
||||||||
| 33g: In practice, national legislative branch asset disclosures are audited. | ||||||||
|
||||||||
|
Comments: References: - Conflict of Interest Code for Members of the House of Commons (first in force in October 2004) -- most assets worth more than CA$10,000 (US$7,869) must be disclosed to the Conflict of Interest and Ethics Commissioner, with a partial list of assets made public -- [ LINK ] - Office of the Conflict of Interest and Ethics Commissioner -- [ LINK ] - Conflict of Interest Code for Senators (first in force in March 2005) -- most assets worth more than CA$10,000 must be disclosed to the Senate Ethics Officer, who keeps the contents of the form confidential -- [ LINK ] - Senate Ethics Officer -- [ LINK ] - Neither code gives the Commissioner or the Officer the clear power to conduct audits of asset disclosures (or liability disclosures), but both have the general mandate of administering the codes, which (in law) implies that they have the power to conduct audits. - The CA$10,000 threshold for the disclosure of assets is much too high, as it effectively allows members of the legislature (House of Commons and Senate) to hide gifts they receive that are worth less than CA$10,000 (although receiving some of these gifts (for example, from a lobbyist) is technically illegal under the codes.) - The gap in disclosure of assets worth less than CA$10,000 is especially serious because there is no public evidence that the Conflict of Interest and Ethics Commissioner has audited any statement of assets of a member of the House of Commons, and the Senate Ethics Officer has also not audited any statement of a senator.
|
||||||||
| 34 | Can citizens access the asset disclosure records of members of the national legislature? | |||||||
| 34a: In law, citizens can access the asset disclosure records of members of the national legislature. | ||||||||
|
||||||||
|
Comments: - A No answer is given because the assets (and liabilities) of both Members of the House of Commons and Senators worth less than CA$10,000 are not disclosed, the asset (and liability) disclosure statements of Members of the House of Commons are kept partially confidential (although the part of the statements that is publicly disclosed is available by either visiting the Commissioner's office during regular business hours, or on request by fax or mail), and the asset (and liability) disclosure statements of Senators are kept fully confidential. - Because they only have to disclose assets worth CA$10,000 or more every four months to the Ethics Commissioner (or Senate Ethics Officer), Members of the House of Commons and the Senate can easily hide large gifts they receive from lobbyists or others trying to influence them. References: - Conflict of Interest Code for Members of the House of Commons (first in force in October 2004) -- most assets worth more than CA$10,000 (US$7,869) must be disclosed to the Conflict of Interest and Ethics Commissioner, with a partial list of assets made public -- [ LINK ] - Office of the Conflict of Interest and Ethics Commissioner -- [ LINK ] - Conflict of Interest Code for Senators (first in force in March 2005) -- most assets worth more than CA$10,000 must be disclosed to the Senate Ethics Officer, who keeps the contents of the form confidential -- [ LINK ] - Senate Ethics Officer -- [ LINK ] - The CA$10,000 threshold for the disclosure of assets is much too high, as it effectively allows members of the legislature (House of Commons and Senate) to hide assets, including gifts they receive that are worth less than CA$10,000 (although receiving some of these gifts (for example, from a lobbyist) is technically illegal under the codes.)
|
||||||||
| 34b: In practice, citizens can access legislative asset disclosure records within a reasonable time period. | ||||||||
|
||||||||
|
Comments: - The grade of 25 is given because Members of the House of Commons and Senate are given four months (120 days) to disclose assets and liabilities to the Conflict of Interest and Ethics Commissioner, which is too long a period for them to be in position as a public office holder with no disclosure of their assets and liabilities. - As well, the assets (and liabilities) of both Members of the House of Commons and Senators worth less than CA$10,000 are not disclosed, the asset (and liability) disclosure statements of Members of the House of Commons are kept partially confidential (although the part of the statements that is publicly disclosed is available by either visiting the Commissioner's office during regular business hours, or on request by fax or mail), and the asset (and liability) disclosure statements of Senators are kept fully confidential. - Because they only have to disclose assets worth $10,000 or more every four months to the Ethics Commissioner (or Senate Ethics Officer), Members of the House of Commons and the Senate can easily hide large gifts they receive from lobbyists or others trying to influence them. - Initial disclosure when a person is elected to the House of Commons or appointed to the Senate should be required within 30 days, and for assets worth CA$1,000 (US$786) or more, and updates on changes should also be required to be filed with the Commissioner within 30 days. References: - Conflict of Interest Code for Members of the House of Commons (first in force in October 2004) -- most assets worth more than CA$10,000 (US$7,869) must be disclosed to the Conflict of Interest and Ethics Commissioner, with a partial list of assets made public -- [ LINK ] - Office of the Conflict of Interest and Ethics Commissioner -- [ LINK ] - Conflict of Interest Code for Senators (first in force in March 2005) -- most assets worth more than CA$10,000 must be disclosed to the Senate Ethics Officer, who keeps the contents of the form confidential -- [ LINK ] - Senate Ethics Officer -- [ LINK ]
|
||||||||
| 34c: In practice, citizens can access legislative asset disclosure records at a reasonable cost. | ||||||||
|
||||||||
|
Comments: - The grade of 25 is given because Members of the House of Commons and Senate are given four months (120 days) to disclose assets and liabilities to the Conflict of Interest and Ethics Commissioner, which is too long a period for them to be in position as a public office holder with no disclosure of their assets and liabilities. - As well, the assets (and liabilities) of both Members of the House of Commons and Senators worth less than CA$10,000 are not disclosed, the asset (and liability) disclosure statements of Members of the House of Commons are kept partially confidential (although the part of the statements that is publicly disclosed is available by either visiting the Commissioner's office during regular business hours, or on request by fax or mail), and the asset (and liability) disclosure statements of Senators are kept fully confidential. - Because they only have to disclose assets worth CA$10,000 or more every four months to the Ethics Commissioner (or Senate Ethics Officer), Members of the House of Commons and the Senate can easily hide large gifts they receive from lobbyists or others trying to influence them. - Initial disclosure when a person is elected to the House of Commons or appointed to the Senate should be required within 30 days, and for assets worth CA$1,000 (US$786) or more, and updates on changes should also be required to be filed with the Commissioner within 30 days. References: - Conflict of Interest Code for Members of the House of Commons (first in force in October 2004) -- most assets worth more than CA$10,000 (US$7,869) must be disclosed to the Conflict of Interest and Ethics Commissioner, with a partial list of assets made public -- [ LINK ] - Office of the Conflict of Interest and Ethics Commissioner -- [ LINK ] - Conflict of Interest Code for Senators (first in force in March 2005) -- most assets worth more than CA$10,000 must be disclosed to the Senate Ethics Officer, who keeps the contents of the form confidential -- [ LINK ] - Senate Ethics Officer -- [ LINK ] - The CA$10,000 threshold for the disclosure of assets is much too high, as it effectively allows members of the legislature (House of Commons and Senate) to hide assets, including gifts they receive that are worth less than CA$10,000 (although receiving some of these gifts (for example, from a lobbyist) is technically illegal under the codes.)
|
||||||||
| 35 | Can citizens access legislative processes and documents? | |||||||
| 35a: In law, citizens can access records of legislative processes and documents. | ||||||||
|
||||||||
|
Comments: References: - Part II of the Official Languages Act (1985, c. 31 (4th Supp.)) -- [ LINK ] -- requires that all records and documents of the federal Parliament be made available in both of Canada's official languages (English and French.) - Publication of Statutes Act (R.S., 1985, c. S-21) -- [ LINK ]
|
||||||||
| 35b: In practice, citizens can access records of legislative processes and documents within a reasonable time period. | ||||||||
|
||||||||
|
Comments: References: - Part II of the Official Languages Act (1985, c. 31 (4th Supp.)) -- [ LINK ] -- requires that all records and documents of the federal Parliament be made available in both of Canada's official languages (English and French.) - Publication of Statutes Act (R.S., 1985, c. S-21) -- [ LINK ] - They are made public on the Parliament of Canada Web site within days of sessions taking place, bills being introduced, reports being tabled -- [ LINK ]
|
||||||||
| 35c: In practice, citizens can access records of legislative processes and documents at a reasonable cost. | ||||||||
|
||||||||
|
Comments: References: - Part II of the Official Languages Act (1985, c. 31 (4th Supp.)) -- [ LINK ] -- requires that all records and documents of the federal Parliament be made available in both of Canada's official languages (English and French.) - Publication of Statutes Act (R.S., 1985, c. S-21) -- [ LINK ] - They are made public on the Parliament of Canada Web site within days of sessions taking place, bills being introduced, reports being tabled -- [ LINK ]
|
||||||||
Global Integrity uses a