Bill C-488

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First Reading

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	1st Session, 36th Parliament, 46-47-48 Elizabeth II, 1997-98-99
	The House of Commons of Canada
	BILL C-488
	Parliamentarians' Code of Conduct
Preamble	Whereas service in Parliament is a public trust;
	Whereas Parliamentarians should have 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;
	Whereas Parliamentarians should perform their official duties and arrange their private affairs in a manner that will bear the closest public scrutiny;
	Whereas Parliamentarians should take care to avoid placing themselves under any financial or other obligation that might influence them in the performance of their official duties;
	Whereas upon entering office, Parliamentarians should arrange their private affairs so that any foreseeable real or apparent conflict of interest may be prevented, and if a conflict does nevertheless arise, it should be resolved in a way that protects the public interest;
	And Whereas Parliamentarians should not accept any gift or personal benefit in connection with their office that may reasonably be seen to compromise their personal judgment or integrity;
	Now, Therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:


Interpreta- tion	1. (1) Nothing in this Act prevents the establishment of rules applying additional principles or obligations applicable to Parliamentarians who are Ministers of the Crown or parliamentary secretaries.
Assisting constituents	(2) Nothing in this Act shall be construed so as to prevent or impede Parliamentarians from carrying out activities that are traditionally a part of a Parliamentarian's duty for the assistance of constituents.
Existing jurisdiction re services unaffected	(3) Nothing in this Act affects the jurisdiction of the Standing Senate Committee on Internal Economy, Budgets and Administration and the Board of Internal Economy of the House of Commons to determine the proper use of funds, goods, services or premises made available to Parliamentarians for the carrying out of their parliamentary functions.
Activities outside Parliament	(4) This Act shall be applied so as to recognize that a wide variety of activities outside Parliament and parliamentary duties enables Parliamentarians to better represent the communities they serve and to maintain their expertise in their chosen fields, therefore, nothing in this Act is intended to prevent a Parliamentarian who is not a public office holder from
	(a) engaging in employment or in the practice of a profession,
	(b) carrying on a business, or
	(c) being a director, partner or officer of a corporation or other organization,
	if the Parliamentarian, notwithstanding the activity, is able to fulfil the obligations imposed by this Act.
Speakers' powers unaffected	(5) Nothing in this Act affects the privileges of Parliament or the powers of the Speakers of either House.
Definitions	2. The definitions in this section apply in this Act.
``family'' « famille »	``family'' when used with reference to a person, means
	(a) the Parliamentarian's spouse; or
	(b) a child of the Parliamentarian or the Parliamentarian's spouse who has not attained the age of eighteen or who has attained the age of eighteen but is primarily dependent on the Parliamentarian or spouse for financial support.
``Joint Committee'' « Comité mixte »	``Joint Committee'' means a Joint Standing Committee on Official Conduct of the Senate and House of Commons appointed by those Houses for the purposes of this Act.
``Ethics Counsellor'' « conseiller en éthique »	``Ethics Counsellor'' means the officer of Parliament appointed pursuant to section 14.
``Parliamentar ian'' « parlemen- taire »	``Parliamentarian'' means a member of the Senate or the House of Commons.
``Prime Minister's Code'' « Code du premier ministre »	``Prime Minister's Code'' means the Conflict of Interest and Post-Employment Code for Public Office Holders, dated June 1994, and any published amendments thereto.
``private interest'' « intérêt personnel »	``private interest'' means
	(a) an asset, a liability or a financial interest,
	(b) a source of income, or
	(c) a position of director or officer in a corporation, association or union, or of a partner in a partnership, or of a senior officer in any of them,
	but does not include a remuneration or benefit that is provided to a Parliamentarian by or pursuant to the Parliament of Canada Act or the Salaries Act.
``public office holder'' « titulaire d'une charge publique »	``public office holder'' means a person who receives a salary pursuant to section 4 or 5 of the Salaries Act or holds office pursuant to section 46 of the Parliament of Canada Act.
``source of income'' « source de revenu »	``source of income'' means
	(a) in the case of employment, the employer;
	(b) in the case of income as an independent contractor, the party with whom the contract is made; and
	(c) in the case of income arising from a business or profession, the business or profession.
``spouse'' « conjoint »	``spouse'' means a person
	(a) who is married to the Parliamentarian; or
	(b) who is living with the Parliamentarian in a conjugal relationship and
	(i) has so lived for a period of at least one year, or
	(ii) is the parent of a child of whom the Parliamentarian is a parent,
	but does not include a person from whom the Parliamentarian is separated, and whose support obligations and family property have been dealt with by a separation agreement or by court order.
Purposes	3. The purposes of this Act are:
	(a) to provide a code of conduct that will maintain public confidence and trust in the integrity of individual Parliamentarians and protect the respect and confidence that society places in Parliament as an institution;
	(b) to reassure the public that all Parliamentarians are held to standards that place the public interest ahead of Parliamentarians' private interests and to provide a transparent system by which the public may judge this to be the case;
	(c) to provide for greater certainty and guidance for Parliamentarians in how to reconcile their private interests with their public duties; and
	(d) to foster consensus among Parliamentarians by establishing common rules and by providing the means by which questions relating to proper conduct may be answered by an independent, non-partisan advisor.
Furthering private interests	4. No Parliamentarian shall, in the exercise of parliamentary duties and functions, take any action, or make or participate in a decision which they know, or reasonably should know, will, or is likely, directly or indirectly to
	(a) further their own private interests or the private interests of a member of their family; or
	(b) further another person's private interests improperly.
Using influence	5. No Parliamentarian shall use their position to influence or attempt to influence a decision made or to be made by another person, directly or indirectly, to
	(a) further their own private interests, the private interests of a member of their family; or
	(b) further another person's private interests improperly.
Inside information	6. (1) No Parliamentarian shall use information that is gained in the capacity of Parliamentarian and not generally available to the public, directly or indirectly, to
	(a) further their own private interests, the private interests of a member of their family; or
	(b) further another person's private interests improperly.
Information not to be disclosed	(2) Parliamentarians shall not communicate information that is gained in their capacity as Parliamentarians that is not generally available to the public to another person if they know or reasonably should know that the information may be used to
	(a) further their own private interests, the private interests of a member of their family; or
	(b) further another person's private interests improperly.
Another person's interests	7. For the purposes of sections 4, 5, and 6, another person's interests are deemed to be furthered improperly if furthered in consideration for a past, present or future benefit to the private interests of the Parliamentarian.
Declaration of interest	8. (1) A Parliamentarian who has reasonable grounds to believe that the Parliamentarian has a private interest in a matter that is before the House or a committee of the House of which the Parliamentarian is a member, shall disclose the general nature of the private interest.
Disclosure recorded	(2) Where a Parliamentarian has complied with subsection (1), the Clerk of the House or of the committee, as the case may be, shall
	(a) record the nature of the private interest disclosed in the record of the proceeding; and
	(b) provide the information to the Ethics Counsellor who shall make it publicly available.
Voting in cases of direct interest	(3) No Parliamentarian shall vote on a question in which they have a direct pecuniary interest.
Gifts and personal benefits	9. (1) No Parliamentarian shall accept, directly or indirectly, any gift or personal benefit connected with their position or their parliamentary functions, other than remuneration or benefit that is provided to the Parliamentarian by or pursuant to the Parliament of Canada Act or the Salaries Act.
Exception	(2) Subsection (1) does not apply to gifts or personal benefits received as a normal expression of courtesy or protocol, or within the customary standards of hospitality that normally accompany the duties or responsibilities of office.
Declaration to the Ethics Counsellor	(3) Where a gift or personal benefit referred to in subsection (2) exceeds two hundred and fifty dollars in value, or where the total value of all gifts or personal benefits from one source to a Parliamentarian exceed two hundred and fifty dollars in a year, the Parliamentarian shall, within thirty days of receiving the gift or of the excess occurring, file with the Ethics Counsellor a statement disclosing the nature of the gifts and benefits, the source, and the circumstances under which it was given, and the Ethics Counsellor shall keep the statement with the Parliamentarian's public disclosure statement and make it available for inspection by the public.
Sponsored travel	(4) Every Parliamentarian shall disclose to the Ethics Counsellor every trip away from Ottawa or the Parliamentarian's place of residence that arises from or relates to their position as a Parliamentarian,
	(a) if the cost of the trip exceeds two hundred and fifty dollars; and
	(b) if the cost of the trip is not wholly borne by the Consolidated Revenue Fund, the Parliamentarian personally, an inter-parliamentary association or friendship group recognized by the Senate or the House of Commons, or a political party that has members sitting in the House of Commons.
Content of statement	(5) The statement shall disclose the name of the sponsoring person, company or organization, the destination or destinations, the purpose and length of the trip, and the nature of the benefits received, which statement shall be filed within thirty days of the end of the trip with the Parliamentarian's public disclosure statement.
Government contracts	10. (1) No Parliamentarian shall knowingly and willingly, directly or indirectly, be a party to a contract with the Government of Canada under which the Parliamentarian receives a benefit.
Corporations and partnerships	(2) No Parliamentarian shall have an interest in
	(a) a public corporation that represents more than one percent of the issued capital of the corporation except where the Ethics Counsellor is of the opinion that the interest is unlikely to place the Parliamentarian in a conflict with public duty or otherwise affect the Parliamentarian's obligations under this Act; or
	(b) a private company or partnership that is a party to a contract with the Government of Canada under which the company or partnership receives a benefit in consideration of the provision of goods or services.
Pre-existing contracts	(3) Subsections (1) and (2) do not apply to a contract that existed before the Parliamentarian's appointment or election to Parliament.
Extensions and renewals	(4) Subsections (1) and (2) apply to a renewal or extension of a contract mentioned in subsection (3).
Exemption by the Ethics Counsellor	(5) Subsections (1) and (2) do not apply if the Ethics Counsellor is of the opinion that the interest is unlikely to affect the Parliamentarian's obligations under this Act.
Blind trust	(6) Subsections (1) and (2) do not apply if the Parliamentarian has entrusted his or her interest to one or more trustees on the following terms:
	(a) the provisions of the trust shall be approved by the Ethics Counsellor;
	(b) the trustees shall be approved by the Ethics Counsellor and must be persons at arm's length from the Parliamentarian;
	(c) subject to paragraph (d), the trustees shall not consult with or receive instructions from the Parliamentarian with respect to managing the trust property, but may consult with the Ethics Counsellor;
	(d) with the approval of the Ethics Counsellor, and in the Ethics Counsellor's presence, the trustees may consult with the Parliamentarian in exceptional circumstances where an extraordinary event is likely to materially affect an asset in the trust;
	(e) where the trust property consists of a corporation, the Parliamentarian shall resign any directorship or position of office with the corporation;
	(f) the trustees shall give the Ethics Counsellor an annual written report stating the nature of the assets in the trust, the value of the assets in the trust, the trust's net income for the preceding year and the trustees' fees, if any; and

Bill C-488

BILL C-488