The Ethics and Conflict of Interest Code for Senators

53 (1) The following definitions apply in sections 53 to 61.

investigation report means the report of an investigator under the policy. (rapport d'enquête)
policy means the Senate Harassment and Violence Prevention Policy, as amended from time to time. (politique)
respondent senator means a senator who is the responding party in an investigation report. (sénateur intimé)

(2) In relation to conduct that may constitute harassment and violence, sections 53 to 61 prevail over any other provisions of the Code to the extent of any inconsistency between them.

54 (1) If the Senate Ethics Officer is of the opinion that conduct may be addressed under the policy, the Senate Ethics Officer

(a) shall, despite sections 47 and 48, conduct neither a preliminary review nor an inquiry in respect of that conduct; and
(b) shall inform a person who feels they are a victim of or witnessed harassment and violence that recourse may be available under the policy.

(2) Section 7.3 and sections 55 to 61 apply only if the Senate Ethics Officer has received a final investigation report from the designated recipient within the meaning of the policy. In respect of any other investigation report that they receive in any other circumstance, the Senate Ethics Officer may conduct a preliminary review and inquiry in accordance with sections 47 and 48 but may not disclose to the Committee or any person either

(a) the existence or contents of an investigation report, except to the extent necessary to communicate with a senator who is the subject of a preliminary review or inquiry regarding conduct that may contravene the Code; or
(b) information that could identify individuals as participating in a resolution process under the policy.

55 (1) Upon receipt of an investigation report, the Senate Ethics Officer shall provide it to the Committee at the first possible opportunity and on a confidential basis. The Senate Ethics Officer shall, despite sections 47 and 48, conduct neither a preliminary review nor an inquiry in respect of any conduct therein that may constitute harassment and violence.

(2) For greater certainty, the investigation report is not a public document and shall not be tabled in the Senate upon its receipt by the Committee.

56 (1) If the report discloses to the Senate Ethics Officer information in respect of conduct that is not harassment and violence, the Senate Ethics Officer may proceed to conduct a preliminary review and inquiry under sections 47 and 48. However, after providing the report to the Committee, the Senate Ethics Officer may not disclose to any person either

(a) the existence or contents of an investigation report, except to the extent necessary to communicate with a senator who is the subject of a preliminary review or inquiry regarding conduct that may contravene the Code; or
(b) information contained in the investigation report in respect of conduct that may constitute harassment and violence.

(2) The Senate Ethics Officer shall not conduct any additional investigation in any circumstance in respect of conduct in an investigation report that may constitute harassment and violence.

57 (1) The Committee shall consider an investigation report as promptly as circumstances permit and may, if it considers doing so to be appropriate in the circumstances,

(a) direct the Senate Ethics Officer to provide to the Committee, on a confidential basis and without consulting any person mentioned in the investigation report, recommendations on any of the following:

 (i) remedial or corrective measures, and
 (ii) disciplinary measures; and

(b) request that a person who participated in the resolution process under the policy that resulted in the investigation report appear before the Committee or provide written submissions if the Committee is of the opinion that

  (i) exceptional circumstances require hearing from that person, and
  (ii) measures are in place to minimize the further victimization of any person who may have experienced harassment and violence.

(2) For greater certainty,

(a) a recommendation of the Senate Ethics Officer under paragraph 1(a) is in relation to the senator’s breach of section 7.3; and
(b) a finding in an investigation report that a senator engaged in harassment and violence is deemed to be a breach of section 7.3.

58 Upon conclusion of its consideration of an investigation report, the Committee may

(a) recommend to the Senate disciplinary or other measures in respect of a respondent senator; and
(b) refer the matter confidentially to the Standing Committee on Internal Economy, Budgets and Administration — or its subcommittee designated for purposes of the policy — for the purpose of considering or implementing remedial or corrective measures.

59 (1) The Committee shall not table an investigation report or a recommendation from the Senate Ethics Officer in the Senate but may, subject to subsection (2), append these documents to or cite from them in a Committee report to the Senate that contains a recommendation for a disciplinary or other measure.

(2) In any Committee report under this section, the Committee shall redact all information that could identify a person who has experienced harassment and violence unless that person has authorized the Committee, through written consent, to dispense with redacting the information that could identify them.

60 (1) Despite subsection 52(1), the Senate Ethics Officer shall not suspend the completion of an obligation under subsection 55(1) or paragraph 57(1)(a).

(2) For greater certainty, subsection 52(5) applies in respect of conduct disclosed in an investigation report.

61 For greater certainty, an obligation of the Committee or the Senate Ethics Officer under sections 54 to 60 applies even if the respondent senator ceases to serve as a senator.