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.