Bill C-476: An Act to amend the Parliament of Canada Act (Parliamentary Budget Officer)

C-476 First Session, Forty-first Parliament, 60-61-62 Elizabeth II, 2011-2012-2013 HOUSE OF COMMONS OF CANADA BILL C-476 An Act to amend the Parliament of Canada Act (Parliamentary Budget Officer) first reading, February 27, 2013 Mr. Mulcair 411696 SUMMARY This enactment provides for the appointment of the Parliamentary Budget Officer as an officer of Parliament. Also available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca 1st Session, 41st Parliament, 60-61-62 Elizabeth II, 2011-2012-2013 house of commons of canada BILL C-476 An Act to amend the Parliament of Canada Act (Parliamentary Budget Officer) Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: SHORT TITLE Short title 1. This Act may be cited as the Parliamentary Budget Officer Act. R.S., c. P-1 PARLIAMENT OF CANADA ACT 2. Subsection 75(4) of the Parliament of Canada Act is replaced by the following: Other officers and employees (4) The officers, other than the Parliamentary Librarian and the Associate Parliamentary Librarian, and the clerks and servants who 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. 3. Section 78 of the Act is replaced by the following: 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, subject to this Act, 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. 4. Section 79.1 of the Act is replaced by the following: Parliamentary Budget Officer Parliamentary Budget Officer 79.1 (1) There is hereby established the position of Parliamentary Budget Officer, the holder of which is an officer of Parliament. Appointment (2) The Governor in Council shall, by commission under the Great Seal, appoint a Parliamentary Budget Officer after consultation with the leader of every recognized party in both Houses of Parliament and approval of the appointment by resolution of those Houses. Qualifications (3) In order to be appointed under subsection (2), a person must, at the time of his or her appointment, (a) be able to understand English and French without the aid of an interpreter and to express himself or herself clearly in both official languages; (b) have experience and knowledge of the federal budget process; and (c) have an appropriate educational background, including a graduate degree in economics, finance or accounting. Remuneration and expenses (4) The Parliamentary Budget Officer shall be paid the remuneration and expenses set by the Governor in Council. Tenure (5) The Parliamentary Budget Officer holds office during good behaviour for a term of seven years, but may be removed for cause by the Governor in Council at any time on address of the Senate and House of Commons. Reappointment (6) The Parliamentary Budget Officer is eligible to be reappointed, in accordance with subsection (2), for one or more terms of up to seven years. New Parliamentary Budget Officer (7) Six months prior to the expiration of the serving Parliamentary Budget Officer’s term, the Governor in Council shall confirm the appointment of a new Parliamentary Budget Officer or the reappointment of the serving Parliamentary Budget Officer, in accordance with subsection (2), to take effect upon the expiration of the serving Parliamentary Budget Officer’s term. Cessation of office (8) If the Parliamentary Budget Officer ceases to hold office, the Governor in Council shall appoint a new Parliamentary Budget Officer, in accordance with subsection (2), no later than six months after the cessation of office. Cessation of office (9) A Parliamentary Budget Officer ceases to hold office when he or she (a) is removed for cause by the Governor in Council on address of the Senate and House of Commons; (b) resigns; (c) dies; or (d) is otherwise incapacitated. No other office or employment (10) The Parliamentary Budget Officer shall engage exclusively in the functions and duties assigned to his or her office under this Act or any other Act of Parliament and may not hold any other office under Her Majesty or engage in any other employment for reward. Deputy head 79.11 The Parliamentary Budget 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 Parliamentary Budget Officer. 5. (1) Section 79.2 of the Act is renumbered as subsection 79.2(1). (2) Paragraph 79.2(1)(a) of the Act is replaced by the following: (a) provide independent analysis, on his or her own initiative or when requested to do so under this section, to the Senate and to the House of Commons about the state of the nation’s finances, the estimates of the government, the direct and indirect costs related to government programs, the financial cost of any proposal that relates to a matter over which Parliament has jurisdiction and any other aspect of the national economy; (3) Section 79.2 of the Act is amended by adding the following after subsection (1): Annual report (2) The Parliamentary Budget Officer shall report annually to the Senate and the House of Commons on the discharge of his or her mandate, calling attention in the report to anything that he or she considers to be of significance and of a nature that should be brought to the attention of the House of Commons or the Senate. Release of reports (3) Any analysis, research, estimate or report that is prepared by the Parliamentary Budget Officer pursuant to subsection (1) or (2) shall immediately be made available to the public and to all members of the Senate and the House of Commons. (4) Section 79.3 of the Act is replaced by the following: Access to data, information, etc. 79.3 (1) Except as provided by any other Act of Parliament that expressly refers to this subsection, the Parliamentary Budget Officer is entitled, by request made to the deputy head of a department within the meaning of any of paragraphs (a), (a.1) and (d) of the definition “department” in section 2 of the Financial Administration Act, or to his or her equivalent, or to any other person designated by that deputy head or his or her equivalent for the purpose of this section, to free and timely access to any data, information, records, explanations and assistance that the Parliamentary Budget Officer considers necessary to fulfil his or her responsibilities under section 79.2. Refusal to provide data, information, etc. (1.1) Where the deputy head of a department or his or her equivalent or designate refuses to provide the data, information, records, explanations or assistance requested under subsection (1), the Federal Court shall, if it determines that there is no ground to refuse to provide the data, information, records, explanations or assistance, order the deputy head of the department or his or her equivalent or designate to provide the data, information, records, explanations or assistance, subject to such conditions as the Court deems appropriate. Exception (2) Subsection (1) does not apply in respect of any data, information, records or explanations (a) that are information the disclosure of which is restricted under section 19 of the Access to Information Act or any provision set out in Schedule II to that Act; or (b) that are contained in a confidence of the Queen’s Privy Council for Canada described in subsection 69(1) of that Act, unless the data, information, records or explanation are also contained in any other record, within the meaning of section 3 of that Act, and are not information referred to in paragraph (a). No other grounds (4) No grounds other than those described in subsection (3) shall be relied upon to authorize a refusal to provide the data, information, records, explanations or assistance requested. 6. (1) Subsection 79.5(1) of the Act is replaced by the following: Powers to contract 79.5 (1) The Parliamentary Budget Officer may, in carrying out the work of the office of the Parliamentary Budget Officer, enter into contracts, memoranda of understanding or other arrangements. Staff (1.1) The Parliamentary Budget Officer may employ any officers and employees and may engage the services of any agents, advisers and consultants that the Parliamentary Budget Officer considers necessary for the proper conduct of the work of the office of the Parliamentary Budget Officer. (2) Subsections 79.5(3) and (4) of the Act are repealed. 7. The Act is amended by adding the following after section 79.5: Estimates to be prepared 79.6 (1) Prior to each fiscal year, the Parliamentary Budget 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 Parliamentary Budget Officer during the fiscal year. Inclusion in government estimates (2) The estimate referred to in subsection (1) 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. Published under authority of the Speaker of the House of Commons