Vol. 146, No. 1 — January 4, 2012

Registration

SOR/2011-323 December 16, 2011

CONFLICT OF INTEREST ACT

Regulations Amending the Service of Documents Required or Authorized to be Served Under Sections 53 to 57 of the Conflict of Interest Act Regulations (Miscellaneous Program)

P.C. 2011-1681 December 15, 2011

His Excellency the Governor General in Council, on the recommendation of the President of the Treasury Board, pursuant to section 54 of the Conflict of Interest Act (see footnote a), hereby makes the annexed Regulations Amending the Service of Documents Required or Authorized to be Served Under Sections 53 to 57 of the Conflict of Interest Act Regulations (Miscellaneous Program).

REGULATIONS AMENDING THE SERVICE OF DOCUMENTS REQUIRED
OR AUTHORIZED TO BE SERVED UNDER SECTIONS 53 TO 57
OF THE CONFLICT OF INTEREST ACT REGULATIONS
(MISCELLANEOUS PROGRAM)

AMENDMENT

1. Subparagraph 1(1)(a)(ii) of the French version of the Service of Documents Required or Authorized to be Served Under Sections 53 to 57 of the Conflict of Interest Act Regulations (see footnote 1) is replaced by the following:

  1. (ii) s’il ne peut être trouvé aisément, à quiconque — âgé en apparence d’au moins 18 ans — se trouvant à sa dernière adresse connue ou à son lieu de résidence habituel;

COMING INTO FORCE

2. These Regulations come into force on the day on which they are registered.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issue and objectives

The Standing Joint Committee for the Scrutiny of Regulations, in its review of the Service of Documents Required or Authorized to be Served Under Sections 53 to 57 of the Conflict of Interest Act Regulations (the Regulations), has identified two discrepancies between the English and French versions of the Regulations. This amendment rectifies those discrepancies.

Description and rationale

Subparagraph 1(1)(a)(ii) of the English version of the Regulations, describing the conditions under which documents can be served to public office holders, includes the condition “if the public office holder cannot conveniently be found.” In its previous formulation, the French version of this subparagraph read “s’il ne peut être joint.”

The French version reflected two discrepancies with the English version:

  1. (a) it lacked any analogue to the term “conveniently” appearing in the English text; and
  2. (b) the term “trouvé” is a more appropriate term, and better reflects the meaning of the English “found” than “joint.”

Thus, the relevant subparagraph in the French version has been replaced with the following: “s’il ne peut être trouvé aisément.”

This is a housekeeping change and will not incur any costs either to government or to stakeholders.

Consultation

The Office of the Conflict of Interest and Ethics Commissioner, the office charged with carrying out the conditions specified in the Regulations, was consulted and has no objections to the amendments.

Contact

David Dollar
Director
Strategic Policy Directorate
Treasury Board Secretariat
140 O’Connor Street, 10th Floor
Telephone: 613-946-9297

Footnote a
S.C. 2006, c. 9, s. 2

Footnote 1
SOR/2007-63