5 Result(s)
This advisory opinion is issued by the Conflict of Interest and Ethics Commissioner for the guidance of Members under subsection 26(4) of the Conflict of Interest Code for Members of the House of Commons. Members can get confidential advice about their individual situations by calling the Office at 613-995-0721 or sending an email.
As a Member of the House of Commons, you help decide which organizations in your riding will get money under the Canada Summer Jobs (CSJ) program managed by Employment and Social Development Canada (ESDC).
This advisory opinion outlines what you can and cannot do when suggesting who in your riding should get CSJ grants. This advice also applies when, as a Member, you have a chance to help decide who gets money from similar federal programs.
ESDC gets grant applications from non-profit, public, and small private-sector employers who want money to help pay students who qualify for the program. It sends Members a list recommending which projects should get money and how much. You are asked to look over the list. You can also suggest changes. When deciding who gets grants, ESDC will consider any changes you suggest.
When you get the list of projects in your riding that ESDC recommends for CSJ grants, you cannot give your opinion about projects connected to businesses in which you have an interest, or that employ or are owned by a family member. (Family members include your spouse or common-law partner, your dependent children and your spouse or common-law partner's dependent children.)
It is also important to avoid any appearance of conflict of interest. For example, you should not give an opinion about projects connected to organizations that you belong to or are closely associated with. These could include service clubs, religious institutions, or advocacy groups.
Under sections 9 and 11 of the Code, you are not allowed to use your position as a Member to influence or attempt to influence a decision to further your private interests or those of a family member, or to improperly further the private interests of another person or entity.
Consider an example where your spouse or common-law partner works for a non-profit or owns a small business that applied for a CSJ grant. If ESDC has recommended that the organization receive one, you should not make any recommendations about it. If you did, you could be contravening section 9 or 11 of the Code.
If you have any questions about this matter, please contact your advisor in the Office.
This document is intended to provide information about your obligations under the Conflict of Interest Code for Members of the House of Commons. Members of the House of Commons are encouraged to contact the Office for confidential advice about their individual situation. Please call 613-995-0721 or email us.
As Members of the House of Commons, you are expected to avoid both real and apparent conflicts of interest to maintain public confidence and uphold the highest standards of integrity and transparency. This means that you should avoid accepting gifts or other benefits from people or organizations that may have a vested interest in your decision making, now and in the future. Even when the value of gifts, hospitality and other benefits is under $200, they must not be seen to influence your judgment and decisions.
Recently, I have been informed that all Members may have received a complimentary digital radon monitor from the Canadian Association of Radon Scientists and Technologists (CARST). The monitor, valued at approximately $185, was accompanied by a letter from the donor explaining to Members how their constituents may be affected by radon levels, informing them about a monitor loan program and inviting them to meet with the organization. As a result, I am issuing this advisory opinion under subsection 26(4) of the Conflict of Interest Code for Members of the House of Commons (Code) relating to the prohibition on accepting gifts and other benefits.
Subsection 14(1) of the Code sets out an acceptability test that must be determined in accordance with an objective standard, that is whether a reasonable person with knowledge of the relevant facts would conclude that the gift might reasonably be seen to have been given to influence you in the exercise of a duty or function of your office. The test is not whether the individual offering the gift or other benefit intended to influence the recipient, or whether the recipient was indeed influenced. This acceptability test applies even if the person offering the gift or other benefit to you is not a registered lobbyist.
Because the gift in this case was accompanied by a letter offering to meet with Members and discuss issues important to the donor, I am of the opinion that it falls short of the acceptability test set out in subsection 14(1) of the Code. I therefore ask that all Members return the digital radon monitor to the donor. Please confirm in writing that you have done so with the Office through your compliance advisor.
As a reminder, gifts, hospitality and other benefits that do meet the acceptability test must be disclosed within 60 days of receipt under the Code. For those Members who are also ministers or parliamentary secretaries and therefore subject to the Conflict of Interest Act, the timeframe to make a public declaration is 30 days after accepting the gift or other benefit.
Appropriate disclosure forms are located on the Office website. If you have any questions about this matter, I encourage you to contact your compliance advisor or, if you do not know your advisor's contact information, you can write to advisory-conseils@cie.parl.gc.ca. Your advisor will provide you with guidance on how to meet your obligations.
I was recently asked by a Member whether it is permissible under the Conflict of Interest Code for Members of the House of Commons to seek support from Enbridge Inc. in the form of barbecue services for an upcoming community event hosted by the Member in their riding.
In accordance with subsection 26(4) of the Code, I have decided to publish the opinion provided in this instance so that all Members can benefit from clear and consistent direction in support of the purposes and principles of the Code, which seeks to maintain and enhance public confidence and trust in the integrity of each Member and in the House of Commons.
I am of the view that the services Enbridge Inc. makes available free of charge through its Community Event Services program are benefits as defined in the Code, which include services or the use of property provided without charge or at less than their commercial value. They are therefore subject to the acceptability test set out in subsection 14(1) of the Code, which prohibits Members and their family members from accepting, directly or indirectly, any gift or other benefit that might reasonably be seen to have been given to influence the Members in the exercise of a duty or function of their office.
Since Enbridge Inc. is registered to lobby the House of Commons, and is frequently engaged in doing so, I am of the opinion that even if a particular Member has not personally been lobbied by Enbridge Inc., this benefit from Enbridge Inc. would not pass the Code's acceptability test, as it could be seen by a reasonable person to have been given to influence the Member in the exercise of their official duties. Therefore, Members should not accept barbecue services offered by Enbridge Inc.
While there is a general exception to the acceptability test for gifts or other benefits received as a normal expression of courtesy or protocol, or that are within the customary standards of hospitality that normally accompany a Member's position, gifts or other benefits offered by individuals or organizations that have or may have an interest in a matter that is before the House or one of its Committees will almost never be covered by this exception. Trinkets or favours of relatively little value, such as pens, notepads or key chains, would generally not reasonably be seen to have been given to influence a Member's decision-making.
I note that this opinion is not limited to Enbridge Inc. but would also apply to gifts or other benefits offered by any organization that is registered to lobby the House of Commons.
I encourage you to contact your advisor in my Office to obtain advice on any matter related to your compliance with the Code.
Members are sometimes offered invitations or tickets to attend, free of charge, various events. The events may be organized by associations, special-interest groups or other organizations, or Members' attendance at them may be sponsored by third parties.
I remind you that these offers fall within the definition of "benefit" set out in subsection 3(1) of the Conflict of Interest Code for Members of the House of Commons. They are therefore subject to the Code's acceptability test:
14. (1) Neither a Member nor any member of a Member's family shall accept, directly or indirectly, any gift or other benefit, except compensation authorized by the law, that might reasonably be seen to have been given to influence the Member in the exercise of a duty or function of his or her office.
The Code provides an exception for “gifts or other benefits received as a normal expression of courtesy or protocol, or within customary standards of hospitality that normally accompany a Member's position" (subsection 14(2)). This exception would apply if, during the event, you are performing a ceremonial or representational role, for example as a speaker, presenter, host or parliamentary representative. This may also be the case when you are invited, in your capacity as the local Member, to attend events held in your riding or organized by your constituents.
The aim of the organization offering free tickets or organizing an event, or the worthiness of the cause that it represents, are not factors in deciding whether or not a gift is acceptable under the Code. Most relevant is whether the person or entity offering the gift is seeking or may in future seek support in the exercise of a duty or function of your office.
I have issued advisory opinions under the Code about offers of invitations and tickets to several specific events that were brought to my attention. Because this is a self-reporting system, however, I am not aware of all event invitations and tickets that Members may be offered.
I remind you that even if an event invitation/ticket or other gift or benefit is acceptable under the Code, you still have to publicly declare it if it has a value of $200 or more, by filing a Public Statement of Gifts or other Benefits with my Office within 60 days of acceptance. This requirement also applies if the total value of all gifts or benefits that you receive from one source in a 12-month period is $200 or more.
I encourage you to seek advice from my Office before accepting invitations or tickets to attend, free of charge, events such as charity soirées, award galas, concerts, plays, operas, dance performances, fundraising dinners and sporting events. We can help you determine whether you should accept the invitation or ticket, pay for it or decline. You can reach an advisor by telephone at 613-995-0721 or by email.
My Office regularly receives inquiries about how Members can comply with the Conflict of Interest Code for Members of the House of Commons when engaging in fundraising, whether on behalf of a charitable foundation or for political or other purposes.
Members may participate in fundraising activities at their constituents' request or because they have personally decided to support a cause. Because a Member's parliamentary functions include an advocacy role for constituents, their participation in fundraising activities could be for personal reasons or also be part of their official duties or functions.
General Rules
The Members' Code includes a number of provisions that extend to fundraising activities, despite the absence of rules that explicitly govern fundraising activities.
The principles articulated in paragraphs 2(a) and (d) state that Members are expected:
2(a) to serve the public interest and represent constituents to the best of their abilities; 2(d) to arrange their private affairs so that foreseeable real or apparent conflicts of interest may be prevented from arising [...]
There are general rules of conduct that would apply in Members' future dealings with donors solicited in the context of these fundraising activities. Sections 8, 9 and 11 read as follows:
8. When performing parliamentary duties and functions, a Member shall not act in any way to further his or her private interests or those of a member of the Member's family, or to improperly further another person's or entity's private interests. 9. A Member shall not use his or her position as a Member to influence a decision of another person so as to further the Member's private interests or those of a member of his or her family, or to improperly further another person's or entity's private interests. 11. A Member shall not attempt to engage in any of the activities prohibited under sections 8 to 10.
I have determined that the following measures should be taken to ensure that you continue to meet your obligations under these provisions of the Members' Code, when you are involved in fundraising.
Fundraising from Organizations
When fundraising, you should not target any organizations or individuals with which you anticipate having official dealings in your capacity as a Member of Parliament, including in the context of committee work. This would avoid the potential for furthering a person's private interest as prohibited by section 8.
Participating in Fundraising Activities on Behalf of Organizations with Charitable Status
It is common practice for Members to express support for local charitable initiatives. Examples: being an honorary patron, establishing a foundation, lending your name to a trust fund, personally contributing to a fundraising initiative, personally soliciting monetary donations, hosting barbecues, participating in events with high-profile sponsors such as sports tournaments, sending mail-outs directly to constituents, and participating in marathons, telethons or other events.
When directly or indirectly engaging in such fundraising activities or events, you must consider whether you may have future parliamentary functions that could affect directly or indirectly the private interests of the donors.
You should not receive, directly or indirectly, any form of payment or benefit, including donations to a cause in your name, for your support in fundraising activities or events.
If you are also involved in fundraising activities as a director or officer of a non-profit organization with charitable status, you should be mindful that continued participation in the outside activity is subject to your ability to fulfill your obligations under the Members' Code. You should take care to keep those roles separate.
If you are aware that an individual or a corporation donated to a non-profit organization that you have supported, or to an event benefitting the non-profit organization, and, if that individual or corporation approaches you about any matter under discussion before the House of Commons, you must be mindful that this could lead to a contravention of the Members' Code.
Fundraising for Political Purposes
When organizations or individuals such as lobbyists or other stakeholders are involved in fundraising activities for your electoral district association, care should be taken as they may approach you to discuss matters under study before the House of Commons that may affect their private interests. You should be mindful of your obligation under section 8 of the Members' Code.
Gifts and Other Benefits Received While Attending a Charitable or Political Event
Often, Members will be offered gifts or other benefits to recognize their participation in charitable or political events. Subsection 14(1.1) of the Members' Code clearly states that gifts or other benefits related to attendance at a charitable or political event are subject to an acceptability test and any such gift or benefit cannot be accepted if it might reasonably be seen to have been given to influence the Member in the exercise of a duty or function of his or her office. This test applies to gifts or benefits received by you, whether personally or as the intermediary for redirection to a cause.
Use of Parliamentary Resources
You should consult the Board of Internal Economy before using parliamentary resources to fundraise. While nothing in the Members' Code affects the jurisdiction of the Board in determining the propriety of Members' use of parliamentary funds, goods, services or premises, you must be mindful of the rules of conduct and obligations set out in the Members' Code when engaging in fundraising activities.
Members who are also Ministers or Parliamentary Secretaries
The Conflict of Interest Act prohibits public office holders, including ministers and parliamentary secretaries, from personally soliciting funds “from any person or organization if it would place the public office holder in a conflict of interest". See the guideline “Fundraising and the Conflict of Interest Act."
If you are contemplating any involvement in fundraising, I ask you to keep these considerations in mind. If you have any remaining doubts or concerns, I encourage you to contact my Office by telephone at 613-995-0721 or by email for advice tailored to your individual situation.