Compare the two sets of rules

Category Conflict of Interest Act
Category Conflict of Interest Code for Members of the House of Commons

Applies to

Applies to

about 3,000 appointed officials, called "public office holders"

The Act sets out a general duty for public office holders to arrange their private affairs in a way that will prevent them from being in a conflict of interest.

It also identifies specific things they are not allowed to do in their job, if they know or should know that those actions would further their private interests or those of a relative or friend, or improperly further the private interests of anyone else. They include:

  • Making or participating in a decision
  • Giving preferential (special) treatment to a person or organization because of who is representing them
  • Using insider information (information they got while in office and that is not available to the public)
  • Trying to influence someone else’s decision
  • Letting themselves be influenced by offers of outside employment

Ministers and parliamentary secretaries are not allowed to vote on a question that would put them in a conflict of interest.

Applies to

343 elected Members of the House of Commons

The Code prohibits Members from acting in any way to further their private interests or those of a family member, or to improperly further the private interests of anyone else.

It also identifies specific things they are not allowed to do in their job if those actions would further their private interests or those of a family member, or improperly further the private interests of anyone else. They include:

  • Using their position to influence someone else’s decision
  • Using insider information (information they got while in office and that is not available to the public)
  • Sharing insider information with someone else

General rules of conduct

General rules of conduct for Conflict of Interest Act

The Act sets out a general duty for public office holders to arrange their private affairs in a way that will prevent them from being in a conflict of interest.

It also identifies specific things they are not allowed to do in their job, if they know or should know that those actions would further their private interests or those of a relative or friend, or improperly further the private interests of anyone else. They include:

  • Making or participating in a decision
  • Giving preferential (special) treatment to a person or organization because of who is representing them
  • Using insider information (information they got while in office and that is not available to the public)
  • Trying to influence someone else’s decision
  • Letting themselves be influenced by offers of outside employment

Ministers and parliamentary secretaries are not allowed to vote on a question that would put them in a conflict of interest.

General rules of conduct for Conflict of Interest Code for Members of the House of Commons

The Code prohibits Members from acting in any way to further their private interests or those of a family member, or to improperly further the private interests of anyone else.

It also identifies specific things they are not allowed to do in their job if those actions would further their private interests or those of a family member, or improperly further the private interests of anyone else. They include:

  • Using their position to influence someone else’s decision
  • Using insider information (information they got while in office and that is not available to the public)
  • Sharing insider information with someone else

Gifts

Gifts for Conflict of Interest Act

Public office holders and their family members are not allowed to accept any gift or other advantage if it could look like the donor wanted to affect how the public office holders do their job.

There are exceptions in the Act for gifts or other advantages that are:

  • from relatives or friends
  • a usual way of showing courtesy or following protocol, or that are within the customary standards that normally accompany the public office holders’ position (typically given to someone in that position)
  • allowed under the Canada Elections Act (this exception applies to candidates during an election period, or during a nomination or leadership campaign)

Public office holders must forfeit any courtesy, protocol or “customary standards” gift with a commercial value of $1,000 or more.

Gifts for Conflict of Interest Code for Members of the House of Commons

Members and their family members are not allowed to accept any gift or other benefit if it could look like the donor wanted to affect how the Members do their job.

They and their family members may accept gifts or other benefits that are:

  • seen as a usual way of showing courtesy or following protocol, like fees for events that Members attend as parliamentary representatives
  • considered normal hospitality for someone in the Members’ position, like a ceremonial gift from a visiting official from another country

They may also accept, from family and friends, gifts that are not related to their position as a Member.

Travel

Travel for Conflict of Interest Act

The Act restricts the kinds of travel that ministers, parliamentary secretaries, their family members, ministerial advisers, and ministerial staff can accept. They are not allowed to accept travel on non-commercial chartered or private aircraft unless it’s needed for their job as public office holders, in special situations, or if they get the Commissioner’s approval first.

Travel for Conflict of Interest Code for Members of the House of Commons

The Code does not restrict how Members who are not ministers or parliamentary secretaries may travel.

It also lets them accept sponsored travel for themselves and their guests.

Government contracts

Government contracts for Conflict of Interest Act

Ministers and parliamentary secretaries cannot knowingly be part of a contract with a public sector entity if they get a benefit from it, except for contracts that give them pension benefits.

Government contracts for Conflict of Interest Code for Members of the House of Commons

Members cannot knowingly be part of a contract (unless it existed before they were elected) with the Government of Canada or any federal organization if they get a benefit from it, unless the Commissioner believes it will not affect how they do their job.

However, they may participate in a program run or funded by the Government of Canada and get benefits from it if they qualify, do not get special treatment, and do not get benefits that others don’t get.

Partnerships and private companies

Partnerships and private companies for Conflict of Interest Act

Ministers and parliamentary secretaries cannot have a stake in a partnership or private company that has a contract with a public sector entity if the partnership or company gets a benefit from it, unless the Commissioner believes the stake is unlikely to affect how they do their job.

Partnerships and private companies for Conflict of Interest Code for Members of the House of Commons

Members may own shares in a publicly listed company that has contracts with the Government of Canada, unless the Commissioner thinks the size of their holdings is so big that it may affect their obligations under the Code.

They cannot have a stake in a partnership or private corporation that is a party to a contract with the Government of Canada, if the partnership or corporation gets a benefit from it, unless the Commissioner believes it will not affect how they do their job.

Contracting with or hiring family members

Contracting with or hiring family members for Conflict of Interest Act

There are rules in the Act to prevent public office holders from using their position to give a contract to or hire their spouse, common-law partner, child, sibling, or parent. They cannot let their public sector entity do that either, unless it’s through a fair process they are not involved in.

Ministers and parliamentary secretaries cannot let anyone acting on their behalf contract with or hire the spouse, common-law partner, child, sibling or parent of another minister or parliamentary secretary or party colleague in Parliament, unless it’s done through a fair process that they are not involved in.

Contracting with or hiring family members for Conflict of Interest Code for Members of the House of Commons

The Code does not say anything about giving contracts to or hiring Members’ family.

Outside activities

Outside activities for Conflict of Interest Act

Ministers, parliamentary secretaries and other reporting public office holders are not allowed to take part in certain activities that are not part of their job. They can’t:

  • have another job or practise a profession
  • manage or operate a business or commercial activity
  • serve as a director or officer in a corporation or organization
  • hold office in a union or professional association
  • serve as a paid consultant
  • be an active partner in a partnership
Outside activities for Conflict of Interest Code for Members of the House of Commons

There are no restrictions on Members’ activities outside Parliament unless they are ministers or parliamentary secretaries. They can:

  • have another job or practise a profession
  • run a business
  • be a director or officer in a corporation, association, trade union or non-profit organization
  • be a partner in a partnership

Reporting requirements

Reporting requirements for Conflict of Interest Act

All reporting public office holders must complete an initial compliance process soon after they are appointed. They must give the Commissioner’s Office information about their financial interests, personal interests, and anything else that could affect how they make decisions, by filling out a Confidential Report.

While in office, reporting public office holders must tell the Commissioner’s Office about:

  • any changes to the information in their Confidential Report (these are called material changes)
  • any gifts or other advantages worth $200 or more that they or a family member accept
  • recusals (when they stepped back from talking about, deciding on, debating, or voting on anything they might have a conflict of interest in)
  • private flights accepted by ministers, parliamentary secretaries, their family members, ministerial advisers, or ministerial staff
  • firm offers of outside employment
  • the acceptance of an offer of employment

Reporting public office holders must also complete an annual review. Every year, they must review their information with their advisor in the Commissioner’s Office and update it as needed.

Reporting requirements for Conflict of Interest Code for Members of the House of Commons

Members must complete an initial compliance process soon after they are elected. They must give the Commissioner’s Office information about their financial interests, personal interests, and anything else that could affect how they make decisions, by filling out a Disclosure Statement.

While in office, Members must tell the Commissioner’s Office about:

  • any changes to the information in their Disclosure Statement (these are called material changes)
  • any gifts or other benefits worth $200 or more that they or a family member accept
  • recusals (when they stepped back from debating or voting on anything in which they have a private interest). They must disclose the general nature of any private interest they have in a matter that comes before them
  • any sponsored travel they accept

Members must also complete an annual review. Every year, they must review their information with their advisor in the Commissioner’s Office and update it as needed.

Post-employment

Post-employment for Conflict of Interest Act

After they leave public office, public office holders must follow the Act's post-employment rules.

Some of those rules apply for life to all former public office holders. They are not allowed to:

  • take improper advantage of their previous public office
  • switch sides (work for or represent a person or organization on a legal matter, deal, negotiation or case if they previously worked for or advised the government on it)
  • advise a client, business associate or employer using insider information (information they got while in office and that is not available to the public)

There are extra rules for former reporting public office holders. They must observe a cooling-off period (two years for former ministers and one year for everyone else). During that time, they are not allowed to:

  • work for, contract with or serve on the board of directors of an entity, other than a public sector entity, if they had direct and significant official dealings with it during their last year in public office
  • make representations on behalf of a person or entity to a department, organization, board, commission, or tribunal that they had direct and significant official dealings with during their last year in public office

There are no post-employment rules in the Code.