Rules for ministers and parliamentary secretaries

The Conflict of Interest Act talks about “gifts and other advantages.” The Conflict of Interest Code for Members of the House of Commons refers to “gifts and other benefits.” Gifts can take many forms. They could include:

• Money (if you do not have to repay it and nobody expects you to)
• Consumer goods like books, flowers, artwork, furniture or wine
• Property like vehicles, offices, houses or cottages
• The use of property or facilities at no cost or for less than their commercial value (the amount someone in Canada would have to pay for something similar)
• Membership in a club or other organization at no cost or for less than its commercial value
• Services, like dry cleaning or a haircut, at no cost or for less than their commercial value
• Meals, travel or accommodation costs paid for by another individual or organization
• Invitations or tickets to attend an event, like a sports match, gala, concert, play or fundraiser, at no cost or for less than its commercial value

The Conflict of Interest Act and the Conflict of Interest Code for Members of the House of Commons have similar acceptability tests that apply when you or your family members are offered gifts or other advantages (language of the Act) or gifts or other benefits (language of the Code).

You and your family members are not allowed to accept any gift or other advantage/benefit that could reasonably be seen to have been given to influence you. Simply put, a gift is unacceptable if it could look like the giver wanted to affect how you perform your duties as a Member, or as a minister or parliamentary secretary.

It doesn’t matter if the person or organization who offered the gift intended to influence you, or if you were indeed influenced. What matters is how things might look to a reasonable and neutral outside observer.

The Code’s acceptability test also covers gifts or other benefits you get from attending a charitable or political event, or from an all-party caucus (a group of Members from different political parties) focused on a specific topic or interest.

Under the Conflict of Interest Act, you and your family members may accept gifts or other advantages that are:

• from a relative or friend
• allowed under the Canada Elections Act (it has rules about gifts or other advantages offered to candidates during an election period, or a nomination or leadership campaign)
• a normal expression of courtesy or protocol or that are within the customary standards that normally accompany your position as a minister or parliamentary secretary

Courtesy gifts include entrance fees to a conference where you are a keynote speaker in your official capacity, and a ticket offered to your guest.

Whether a gift is a normal expression of protocol depends on the circumstances. For example, a gift given by a visiting official from a foreign or international organization is normally covered by this exception.

Gifts that are within customary standards are small thank-you gifts for performing a role at an event as a speaker, presenter, host or government representative.

They also include low-value gifts or hospitality (that is, with a commercial value of less than $40 before taxes or shipping) received from interested parties or registered lobbyists during an in-person gathering. Such cumulative gifts or hospitality received from the same source must not exceed $200 in a 12-month period. This is consistent with the low-value amounts and annual limits on gifts in the Lobbyists' Code of Conduct (2023).

The Act’s acceptability test also doesn’t apply to gifts or other advantages (including invitations) offered by a federal government entity or a federal parliamentary entity. Federal government entities and federal parliamentary entities include federal departments, agencies and Crown corporations, the Senate and the House of Commons.

It’s a good idea to speak with your advisor in the Commissioner’s Office whenever you or a family member accepts a gift or other advantage that was given in connection with your position. Please call 613-995-0721 or send us an email.

Under the Conflict of Interest Code for Members of the House of Commons, you and your family members may accept gifts or other benefits:

• that are received as a normal expression of courtesy or protocol, or
• that are within the customary standards of hospitality that normally accompany your position as a Member.

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

It’s a good idea to speak with your advisor in the Commissioner’s Office whenever you or a family member accepts a gift or other benefit that was given in connection with your position. Please call 613-995-0721 or send us an email.

If a gift or other advantage (language of the Conflict of Interest Act), or gift or other benefit (language of the Conflict of Interest Code for Members of the House of Commons) offered to you or a family member does not pass the acceptability test in the Act or the Code, and does not fall within the exceptions, you or your family member must refuse it.

If, in error, you or a family member accept a gift that might reasonably be seen to have been given to influence you, you must return it immediately or reimburse the giver for its cost.

You may face situations where refusing the offer of a gift, hospitality or other advantage or benefit may cause offence to the giver. In such situations, you have the options of:

• returning it immediately
• reimbursing the giver for its commercial value (what someone would have to pay in Canada to buy a similar item), or
• redirecting it to a registered charity of your choosing, provided you do not get a benefit from the donation.

Under the Conflict of Interest Act, you must tell the Commissioner’s Office about:

• Any single gift or other advantage accepted by you or a family member (other than one from a relative or friend) that has a commercial value (what someone would have to pay in Canada to buy a similar item) of $200 or more. You must submit a public declaration within 30 days.​

• Multiple gifts from one source whose combined commercial value in a 12-month period adds up to more than $200. You must disclose the gifts within 30 days after the day on which the value exceeds $200.

If you miss these deadlines, you risk an administrative monetary penalty.

You do not need to disclose to the Commissioner’s Office or publicly declare acceptable gifts worth less than $200, or with a cumulative value under that amount. Keep in mind that the value of a gift does not determine if it’s acceptable. The $200 amount is a disclosure threshold only. Please refer to the Act’s acceptability test or consult your advisor in the Commissioner’s Office.

You must forfeit any gifts that are a normal expression of courtesy or protocol or that are within the customary standards associated with your position, but that have a commercial value of $1,000 or more. Your department is responsible for managing forfeited gifts. You may ask the Commissioner for an exemption from this forfeiture requirement.

Under the Conflict of Interest Code for Members of the House of Commons, if you have accepted an acceptable gift or other benefit related to your position that has a value of $200 or more, you must publicly declare it.

You must do that within 60 days, by filling out a Gift Declaration form (PDF) and submitting it to the Commissioner’s Office.

It’s a good idea to speak with your advisor in the Commissioner’s Office whenever you or your family members accept gifts or other advantages that were given in connection with your position. Please call 613-995-0721 or send us an email.

If you accept any gifts that are a normal expression of courtesy or protocol or that are within the customary standards associated with your position, and that have a commercial value of $1,000 or more, you must forfeit them. Your department is responsible for managing forfeited gifts.

You may ask the Commissioner for an exemption from this requirement.