Rules for reporting public office holders

The Conflict of Interest Act talks about “gifts and other advantages.” These can take many forms, including:

• 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

Under section 11 of the Conflict of Interest Act, you and your family members may not accept any gifts or other advantages that might reasonably be seen to have been given to influence you in the exercise of an official power, duty or function. Simply put, a gift is unacceptable if it could look like the person offering it wanted to affect how you do your job.

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.

You should consider who is offering the gift, the nature of the gift and the circumstances around the offer. The giver's current or future relationship with you and your office is particularly important.

Gifts that could reasonably be seen to have been given to influence you include those from:

• someone who is registered to lobby you or your office
• someone whose interests could be affected by a decision you may be called on to make

Promotional items of low value like pens, notepads, keychains, T-shirts or inexpensive carrying cases given to attendees at events would generally be acceptable since they would not reasonably be seen to have been given to influence you.

There are three exceptions to the Conflict of Interest Act’s acceptability test. You and your family members are allowed to accept gifts or other advantages:

• from a relative or friend
• that are 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)
• that are a normal expression of courtesy or protocol, or are within the customary standards that normally accompany your position.

Courtesy or protocol gifts and those within customary standards include:

• thank-you gifts for performing a ceremonial or representational role at an event, as a speaker, presenter, host or government representative
• entrance fees for you and a guest to a conference where you are a keynote speaker in your official capacity
• low-value gifts or hospitality (with a commercial value of less than $40 before taxes or shipping) received from interested parties or registered lobbyists at an in-person meeting. The cumulative value of such gifts or hospitality from the same source must not exceed $200 over a 12-month period.
• ceremonial gifts offered by a visiting official from a foreign or international organization that are reasonably proportionate to the official duties or functions you exercised during your interaction with them​

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.

If a gift or other advantage offered to you or a family member is unacceptable, you may not accept it directly or indirectly.

• Your staff or someone else may not accept it on your behalf or instead of you.
• You may not give or redirect it to someone else.

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.

As a reporting public office holder, you must tell the Commissioner’s Office about:

• Any single gift of 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 file a public declaration with the Commissioner’s Office within 30 days after you or your family member accepted it.

• 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.

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 that is described above or consult your advisor in the Commissioner’s Office.

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.