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CODE OF CONDUCT FOR PARLIAMENTARIANS
Title
Title
1. This Code may be cited as the Code of Conduct
for Parliamentarians.
Purposes
Purposes
2. The purposes of this Code are to
(a) maintain and promote public confidence and trust
in the integrity of parliamentarians as well as the respect and confidence
that society places in Parliament as an institution;
(b) demonstrate to the public that parliamentarians
are held to standards that place the public interest ahead of their private
interests and to provide a transparent system by which the public may judge
this to be the case;
(c) provide for greater certainty and guidance for
parliamentarians in how to reconcile their private interests with their public
duties and functions; and
(d) foster consensus among parliamentarians by
establishing common standards and by providing the means by which questions
relating to proper conduct may be answered by an independent, non-partisan
adviser.
Principles
Declaration
3. Given that service in Parliament is a public trust,
the Parliament of Canada recognizes and declares that parliamentarians are
expected
(a) to serve the public interest and represent
constituents to the best of their abilities;
(b) to fulfil their public duties with honesty and
uphold the highest ethical standards, so as to maintain and enhance public
confidence and trust in the integrity of each parliamentarian and in the
institution of Parliament;
(c) to perform their official duties and functions
and arrange their private affairs in a manner that bears the closest public
scrutiny, an obligation that may not be fully discharged by simply acting
within the law;
(d) to arrange their private affairs so that
foreseeable real or apparent conflicts of interest may be prevented from
arising, but if such a conflict does arise, to resolve it in a way that
protects the public interest; and
(e) not to accept any gift or personal benefit
connected with their position that might reasonably be seen to compromise
their personal judgment or integrity.
Interpretation
Definitions
4. (1) The following definitions apply in this Code.
"Committee"
« comité »
"Committee" means the committee, or committees,
referred to in section 28.
"common-law partner"
« conjoint de fait »
"common-law partner", with respect to a
parliamentarian, means a person who is cohabiting with the parliamentarian in
a conjugal relationship, having so cohabited for a period of at least one
year.
"Ethics Commissioner"
« commissaire »
"Ethics Commissioner" means the officer of
Parliament appointed under section 72.1 of the Parliament of Canada Act.
"parliamentarian"
Version
anglaise
seulement
"parliamentarian" means a member of the Senate or
the House of Commons.
"private interests"
« intérêts personnels »
"private interests", with respect to a
parliamentarian, does not include interests that
(a) are of general application;
(b) affect the parliamentarian as one of a broad
class of the public; or
(c) concern the remuneration or benefits of the
parliamentarian as provided under an Act of Parliament.
"spouse"
« époux »
"spouse", with respect to a parliamentarian, does
not include a person from whom the parliamentarian is separated where all
support obligations and family property have been dealt with by a separation
agreement or by a court order.
Furthering private interests
(2) A parliamentarian is considered to further a person's
private interests, including his or her own private interests, when the
parliamentarian's actions result, directly or indirectly, in any of the
following:
(a) an increase in the value of the person's assets;
(b) the extinguishment, or reduction in the amount,
of the person's liabilities;
(c) the acquisition of a financial interest by the
person;
(d) an increase in the person's income from a source
referred to in subsection 22(2);
(e) the person becoming a director or officer in a
corporation, association or trade union; and
(f) the person becoming a partner in a partnership.
Family members
(3) The following are the members of a parliamentarian's
family for the purposes of this Code:
(a) the parliamentarian's spouse or common-law
partner; and
(b) a child of the parliamentarian, or a child of
the parliamentarian's spouse or common-law partner, who has not reached the
age of 18 years or who has reached that age but is primarily dependent on the
parliamentarian or the parliamentarian's spouse or common-law partner for
financial support.
Application
Application to parliamentarians
5. This Code applies to all parliamentarians.
Additional rules
6. (1) Nothing in this Code precludes the Prime
Minister from establishing additional principles, rules or obligations for
parliamentarians who are also ministers of the Crown, ministers of state or
parliamentary secretaries. Those principles, rules and obligations established
by the Prime Minister are beyond the scope of this Code and the jurisdiction of
the Ethics Commissioner with respect to this Code.
Conflict
(2) The principles, rules or obligations established by the
Prime Minister for parliamentarians who are also ministers of the Crown,
ministers of state or parliamentary secretaries prevail over the provisions and
interpretation of this Code in the case of a conflict.
Assisting constituents
7. Nothing in this Code prevents parliamentarians from
carrying out activities in which they ordinarily and properly engage on behalf
of constituents, as long as those activities are not inconsistent with the
obligations of this Code.
Existing jurisdiction unaffected
8. Nothing in this Code affects the jurisdiction of
the Standing Senate Committee on Internal Economy, Budgets and Administration
established by the Senate under its rules or the Board of Internal Economy of
the House of Commons to determine the propriety of the use of any funds, goods,
services or premises made available to parliamentarians for carrying out their
parliamentary duties and functions.
Activities outside Parliament
9. Nothing in this Code prevents parliamentarians who
are not ministers of the Crown, ministers of state or parliamentary secretaries
from any of the following, as long as they are able to fulfil their obligations
under this Code:
(a) engaging in employment or in the practice of a
profession;
(b) carrying on a business;
(c) being a director or officer in a corporation,
association, trade union or non-profit organization; and
(d) being a partner in a partnership.
Privileges preserved
10. Nothing in this Code affects the privileges,
immunities or powers referred to in section 4 of the Parliament of Canada Act
or those of the Speaker of the Senate or the House of Commons.
Rules of Conduct
Furthering private interests
11. When performing parliamentary duties and
functions, a parliamentarian must not act in any way to further his or her
private interests or those of a member of the parliamentarian's family, or to
improperly further another person's private interests.
Using influence
12. A parliamentarian must not use his or her position
as a parliamentarian to influence a decision of another person so as to further
the parliamentarian's private interests or those of a member of his or her
family, or to improperly further another person's private interests.
Insider information
13. (1) A parliamentarian must not use information
obtained in his or her position as a parliamentarian that is not generally
available to the public to further the parliamentarian's private interests or
those of a member of his or her family, or to improperly further another
person's private interests.
Information not to be communicated
(2) A parliamentarian must not communicate information
referred to in subsection (1) to another person if the parliamentarian knows, or
reasonably ought to know, that the information may be used to further the
parliamentarian's private interests or those of a member of his or her family,
or to improperly further another person's private interests.
Declaration of private interest
14. (1) A parliamentarian who has reasonable grounds
to believe that he or she or a member of his or her family has a private
interest in a matter that is before the House of Parliament, or a committee, of
which the parliamentarian is a member must, if present during consideration of
the matter, disclose the general nature of the private interest in writing to
the Clerk of that House.
Disclosure recorded
(2) The Clerk of the House must record the general nature of
the private interest disclosed and communicate that information to the Ethics
Commissioner, who must make it publicly available.
Prohibition on voting
15. A parliamentarian must not vote on a question in
which he or she has a direct pecuniary interest.
Prohibition: gifts and personal benefits
16. (1) A parliamentarian must not accept, directly or
indirectly, any gift or personal benefit, except compensation authorized by law,
that is related to the parliamentarian's position.
Exception
(2) A parliamentarian may, however, accept gifts or personal
benefits received as a normal expression of courtesy or protocol, or within the
customary standards of hospitality that normally accompany the parliamentarian's
position.
Statement: gift or personal benefit
(3) If gifts or personal benefits that may be accepted under
subsection (2) exceed $250 in value, or if the total value of all such gifts or
personal benefits received from one source in a 12- month period exceeds $250,
the parliamentarian must, within 30 days after receiving the gifts or personal
benefits, or after that total value is exceeded, file with the Ethics
Commissioner a statement disclosing the nature of the gifts or personal
benefits, their source and the circumstances under which they were given.
Statement: sponsored travel
17. (1) If travel costs of a parliamentarian for a
trip that arises from or relates to his or her position exceed $250 and those
costs are not wholly paid from the Consolidated Revenue Fund or by the
parliamentarian personally, his or her political party or any
inter-parliamentary association or friendship group recognized by either House
of Parliament, the parliamentarian must, within 30 days after the end of the
trip, file a statement with the Ethics Commissioner disclosing the trip.
Content of statement
(2) The statement must disclose the name of the person or
organization paying for the trip, the destination or destinations, the purpose
and length of the trip and the nature of the benefits received.
Government contracts
18. (1) A parliamentarian must not knowingly be a
party to a contract with the Government of Canada under which the
parliamentarian receives a benefit.
Clarification
(2) For greater certainty, a parliamentarian is not
considered to be a party to a contract with the Government of Canada solely on
the basis that he or she owns securities in a public corporation if the Ethics
Commissioner is of the opinion that that interest is unlikely to affect the
parliamentarian's obligations under this Code.
Partnerships and private corporations
19. A parliamentarian must not have an interest in a
partnership or in a private corporation that is a party to a contract with the
Government of Canada under which the partnership or corporation receives a
benefit unless the Ethics Commissioner is of the opinion that the interest is
unlikely to affect the parliamentarian's obligations under this Code.
Pre-existing contracts
20. (1) Sections 18 and 19 do not apply to a contract
that existed before the parliamentarian's appointment or election to Parliament,
but they do apply to its renewal or extension.
Blind trust
(2) Section 19 does not apply if the parliamentarian has
entrusted his or her interest to one or more trustees on all of the following
terms:
(a) the provisions of the trust have been approved
by the Ethics Commissioner;
(b) the trustees are at arm's length from the
parliamentarian and have been approved by the Ethics Commissioner;
(c) the trustees may not consult with the
parliamentarian with respect to managing the trust, but they may consult with
the Ethics Commissioner;
(d) the trustees may, however, consult with the
parliamentarian, with the approval of the Ethics Commissioner and in his or
her presence if an extraordinary event is likely to materially affect the
trust property;
(e) in the case of an interest in a corporation, the
parliamentarian must resign any position of director or officer in the
corporation;
(f) the trustees must provide the Ethics
Commissioner with a written annual report setting out the nature of the trust
property, the value of that property, the trust's net income for the preceding
year and the trustees' fees, if any; and
(g) the trustees must give the parliamentarian
sufficient information to permit the parliamentarian to submit returns as
required by the Income Tax Act and give the same information to the
Canada Customs and Revenue Agency.
Interest acquired by inheritance
(3) Section 19 does not apply to an interest acquired by
inheritance until the first anniversary date of the acquisition.
Disclosure statement: sitting parliamentarians
21. (1) A parliamentarian who holds office on the day
this Code comes into force must, within six months after that day, and annually
on or before a date established by the Ethics Commissioner, file with the Ethics
Commissioner a full statement disclosing the parliamentarian's private
interests.
Disclosure statement: new parliamentarians
(2) A parliamentarian must, within 60 days after being
summoned to the Senate or after the notice of his or her election to the House
of Commons is published in the Canada Gazette, and annually on or before
a date established by the Ethics Commissioner, file with the Ethics Commissioner
a full statement disclosing the parliamentarian's private interests.
Confidentiality
(3) The Ethics Commissioner must keep the statement
confidential.
Content of disclosure statement
22. (1) The statement must
(a) identify the assets and liabilities of the
parliamentarian and state their value;
(b) state the income that the parliamentarian has
received during the preceding 12 months and is entitled to receive during the
next 12 months, and indicate the source of that income;
(c) state all benefits that the parliamentarian, or
any private corporation in which the parliamentarian has an interest, has
received during the preceding 12 months, and those that the parliamentarian or
corporation is entitled to receive during the next 12 months, as a result of a
contract with the Government of Canada, and describe the subject-matter and
nature of each such contract;
(d) if the statement mentions a private corporation,
(i) include any information about the corporation's
activities and sources of income that the parliamentarian is able to obtain
by making reasonable inquiries, and
(ii) state the names of any other corporations with which
that corporation is affiliated;
(e) list all corporations, associations and trade
unions in which the parliamentarian is a director or officer and all
partnerships in which he or she is a partner; and
(f) include any other information that the Ethics
Commissioner may require.
Source of income
(2) For the purposes of paragraph (1)(b), a source of
income is
(a) in the case of income from employment, the
employer;
(b) in the case of income from a contract, the party
with whom the contract is made; and
(c) in the case of income arising from a business,
the business.
Material change
(3) The parliamentarian must report in writing any material
change to the information required under subsection (1) to the Ethics
Commissioner within 30 days after the change.
Meeting with the Ethics Commissioner
23. After reviewing a parliamentarian's statement
filed under section 21, the Ethics Commissioner may require that the
parliamentarian meet with the Ethics Commissioner to ensure that adequate
disclosure has been made and to discuss the parliamentarian's obligations under
this Code.
Disclosure summary
24. (1) The Ethics Commissioner must prepare a
disclosure summary based on each parliamentarian's statement filed under section
21 and submit it to the parliamentarian for review.
Public inspection
(2) Each summary is to be placed on file at the office of the
Ethics Commissioner and made available for public inspection during normal
business hours.
Content of disclosure summary
25. (1) The summary must
(a) subject to subsection (3), set out the source
and nature, but not the value, of the income, assets and liabilities referred
to in the parliamentarian's statement filed under section 21;
(b) list the names and addresses of all persons who
have an interest in those assets and liabilities, unless the Ethics
Commissioner is of the opinion that disclosure is not in the public interest;
(c) identify any contracts with the Government of
Canada referred to in the parliamentarian's statement filed under section 21,
and describe their subject-matter and nature;
(d) list the names of any affiliated corporations
referred to in that statement; and
(e) include a copy of any statements of disclosure
filed by the parliamentarian under subsections 16(3) and 17(1).
Categorization of interests
(2) An interest in a partnership or corporation may be
qualified in the summary by the word "nominal",
"significant" or "controlling" if, in the opinion of the
Ethics Commissioner, it is in the public interest to do so.
Items not to be disclosed
(3) The following must not be set out in the summary:
(a) an asset or liability with a value of less than
$10,000;
(b) sources of income if the total amount of income
from all sources was less than $10,000 during the 12 months before the
relevant date;
(c) real property or immovables that the
parliamentarian uses as a principal residence or uses principally for
recreational purposes;
(d) personal property or movable property that the
parliamentarian uses primarily for transportation, household, educational,
recreational, social or aesthetic purposes;
(e) cash on hand or on deposit with a financial
institution that is entitled to accept deposits;
(f) fixed-value securities issued or guaranteed by a
government or by a government agency;
(g) a registered retirement savings plan that is not
self-administered or self-directed;
(h) investments in a registered retirement savings
plan that is self-administered or self-directed that would not be publicly
disclosed under this section if held outside the plan;
(i) an interest in a pension plan, employee benefit
plan, annuity or life insurance policy;
(j) an investment in an open-ended mutual fund;
(k) a guaranteed investment certificate or similar
financial instrument; and
(l) any other asset, liability or source of income
that the Ethics Commissioner determines should not be disclosed because
(i) the information is not relevant to the purposes of
this Code, or
(ii) a departure from the general principle of public
disclosure is justified in the circumstances.
Evasion
26. A parliamentarian must not take any action that
has as its purpose the circumvention of the parliamentarian's obligations under
this Code.
Request for opinion
27. (1) In response to a request in writing from a
parliamentarian on any matter respecting the parliamentarian's obligations under
this Code, the Ethics Commissioner may provide the parliamentarian with a
written opinion containing any recommendations that the Ethics Commissioner
considers appropriate.
Confidentiality
(2) The opinion is confidential and may be made public only
by the parliamentarian or with his or her consent.
Opinion binding
(3) An opinion given by the Ethics Commissioner to a
parliamentarian is binding on the Ethics Commissioner in relation to any
subsequent consideration of the subject-matter of the opinion so long as all the
relevant facts that were known to the parliamentarian were disclosed to the
Ethics Commissioner.
Committee
Designation or establishment
28. Committees of the Senate and the House of Commons,
or a committee of both Houses of Parliament, must be designated or established
for the purposes of this Code.
Jurisdiction
29. The Committee is responsible for all matters
relating to this Code, subject to the general jurisdiction of the Senate and
House of Commons.
Confidentiality
30. The Committee must take all reasonable steps to
ensure that information relating to the private interests of parliamentarians
and those of their family members is not publicly disclosed, except in
accordance with this Code.
Complaints
Complaints
31. A complaint to the Ethics Commissioner that a
parliamentarian has not complied with his or her obligations under this Code may
only be made by a parliamentarian of the same House of Parliament by affidavit
setting out the facts on which the complaint is based.
Investigation
32. (1) The Ethics Commissioner has independent
discretion to decide whether a complaint merits an investigation, but the Ethics
Commissioner must conduct an investigation if directed to do so by the
Committee.
Investigation to be private
(2) The Ethics Commissioner is to conduct an investigation in
private and with due dispatch.
Powers of Ethics Commissioner
(3) In carrying out an investigation, the Ethics Commissioner
may send for persons, papers and records, which power may be enforced by the
Senate or the House of Commons acting on the recommendation of the Committee on
a request from the Ethics Commissioner.
Report to the Committee
33. (1) Following an investigation, the Ethics
Commissioner must report to the Committee
(a) dismissing the complaint;
(b) determining that the complaint appears to be
founded and stating the remedial action proposed by the Ethics Commissioner
and accepted by the parliamentarian involved; or
(c) determining that the complaint appears to be
founded, but that no remedial action was available or agreed to with the
parliamentarian involved, and recommending that the complaint should be dealt
with by the Committee.
Reasons
(2) The Ethics Commissioner must include in the report
reasons for the dismissal or determination.
Dismissal
(3) In the circumstances described in paragraph (1)(a),
the Committee must accept the report as the final determination of the matter.
Remedial action
(4) In the circumstances described in paragraph (1)(b),
the Committee may
(a) report to the House of Parliament in question;
or
(b) refer the matter back to the Ethics Commissioner
for further consideration, with or without direction.
Investigation
(5) In the circumstances described in paragraph (1)(c),
the Committee must hold an investigation and report on the investigation to the
House of Parliament in question. The Committee may include in the report a
recommendation that the parliamentarian be ordered to take specific action or be
sanctioned.
Report to be considered
(6) The report referred to in subsection (5) must be taken up
in the House of Parliament in question and is deemed to have been concurred in
unless a vote to negate it is adopted within 10 sitting days after the day on
which it is tabled.
Suspension of investigation
34. (1) The Committee or the Ethics Commissioner must
immediately suspend the investigation of a matter if
(a) there are reasonable grounds to believe that the
parliamentarian has committed an offence under an Act of Parliament, in which
case the Committee or Ethics Commissioner must refer the matter to the proper
authorities; or
(b) it is discovered that
(i) the act or omission under investigation is also the
subject-matter of an investigation to determine if an offence under an Act
of Parliament has been committed, or
(ii) a charge has been laid with respect to that act or
omission.
Investigation continued
(2) The Committee or Ethics Commissioner must not continue
its investigation until the other investigation or the charge regarding the act
or omission has been finally disposed of.
Meetings
35. Meetings of the Committee must ordinarily be held
in private to ensure the confidentiality of information presented to it.
Rules
36. (1) The Ethics Commissioner may, with the approval
of the Committee, make rules for the administration of this Code.
Tabling of rules
(2) Any proposed rules must be tabled in both the Senate and
the House of Commons and come into effect, unless there is a negative resolution
of either House, 10 sitting days after the day on which they are tabled.
Retention of documents
37. The Ethics Commissioner and the Committee must
retain all documents relating to a parliamentarian for a period of 12 months
after he or she ceases to be a parliamentarian, after which the documents must
be destroyed unless there is an investigation in progress under this Code
concerning them or a charge has been laid against the parliamentarian under an
Act of Parliament and the documents may relate to that matter.
Educational activities
38. The Ethics Commissioner and the Committee may
undertake educational activities for parliamentarians and the general public
regarding this Code and the role of the Ethics Commissioner or the Committee.
Referral to Committee
39. This Code stands permanently referred to the
Committee.
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