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The Special Joint Committee on a Code of Conduct of the Senate and the House of Commons has the honour to present its

SECOND REPORT

In March 1996, the Senate and the House of Commons adopted resolutions which included the following:

That a special committee of the Senate and the House of Commons be appointed to develop a code of conduct to guide Senators and Members of the House in reconciling their official responsibilities with their personal interests, including their dealings with lobbyists;

...

That the Committee be directed to consult broadly and review the approaches taken with respect to these issues in Canada and in other jurisdictions with comparable systems of government; ...

A similar committee had been appointed in the previous session of this Parliament, but its work was not completed at the time of prorogation. Accordingly, the resolutions directed that the papers and evidence received and taken on the subject during the First Session of the Thirty-Fifth Parliament be referred to the Committee.

The Committee heard from a variety of witnesses, including the federal Ethics Counsellor; parliamentary legal counsel; academics; private sector lobbyists; the media; consultants on ethical issues; parliamentary spouses; and others. A list of witnesses is annexed as an Appendix. We also consulted with a number of provincial commissioners of ethics and conflict of interest, and we surveyed provincial politicians.

In addition, the Committee considered the work that has been done in recent years regarding conflict of interest and codes of conduct. At both the federal and provincial levels, there has been considerable study and discussion of these issues.

There are several existing provisions regarding conflict of interest and conduct for Parliamentarians. These rules are not consolidated in a single statute, but are found in the Parliament of Canada Act, the Criminal Code, the Rules of the Senate, the Standing Orders of the House of Commons, the Conflict of Interest and Post-Employment Code for Public Office-Holders, as well as in other laws. Many of these provisions are rather antiquated, and deal only with specific situations. It is generally recognized that more up-to-date and relevant rules are required, both to guide politicians and to assure the Canadian public that high standards of conduct apply.

The Code of Official Conduct that we are proposing is the result of a great deal of consideration and discussion. We have listened to the witnesses who appeared before us, and reviewed the materials that have been prepared on this subject. We have consulted widely, and held discussions among ourselves and with our colleagues.

We believe that this Code is a strong but fair response to the need for clear rules. It will establish a regime and provide guidance and assistance to Senators and Members of the House of Commons, while assuring the public that allegations will be investigated and breaches dealt with.

Among the highlights of the Code are the following:

• All Parliamentarians would be required to confidentially disclose their financial assets, liabilities, sources of income and positions. A summary of this information would be prepared and made public. Certain private interests would remain confidential: these are generally items of minimal value, personal items such as the family home and automobile, and matters which have little potential for conflict of interest (cash, Canada Savings Bonds, insurance policies, etc.).
• Senators and Members of the House of Commons would also be required to disclose confidentially the financial affairs of their spouses and dependants, to the best of their knowledge, and a public summary would be prepared.
• The Code would introduce rules on the receipt of gifts and personal benefits, and sponsored travel by Parliamentarians. In cases where the value was nominal, or where protocol required it, Parliamentarians could accept gifts, but would be required to report them publicly if the value exceeded $250.
• There would be rules regarding Parliamentarians' improperly using influence, using insider information, and furthering their private interests.
• The current rules regarding government contracts involving Parliamentarians would be modernized and clarified.
• A parliamentary officer, known as the Jurisconsult, would be appointed jointly by the Senate and the House of Commons. This individual would be responsible for receiving disclosure from Parliamentarians, preparing the public disclosure documents, advising Parliamentarians on matters related to the Code of Official Conduct, and investigating complaints regarding conduct, and referring matters requiring an inquiry to the Joint Committee.
• The Jurisconsult would be under the direction of a new Joint Committee of the Senate and House of Commons on Official Conduct. This Committee would have the authority to deal with all matters related to the Code. The Senate and the House of Commons would be responsible for determining any penalties for non-compliance with the Code of Official Conduct.

1. The Committee, therefore, recommends that the Senate and the House of Commons adopt the following Code of Official Conduct:

CODE OF OFFICIAL CONDUCT

We, the members of Parliament, individually and collectively agree to abide by the principles, rules and obligations of this Code of Official Conduct:

PURPOSES

The purposes of the Code of Official Conduct are:

1. to recognize that service in Parliament is a public trust;

2. to maintain public confidence and trust in the integrity of Parliamentarians individually and the respect and confidence that society places in Parliament as an institution;

3. 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;

4. to provide for greater certainty and guidance for Parliamentarians in how to reconcile their private interests with their public duties;

5. 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.

PRINCIPLES

All Parliamentarians are expected to uphold the following principles:

1. Ethical Standards

Parliamentarians shallshould act with honesty and uphold 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.

2. Public Scrutiny

Parliamentarians shallshould perform their official duties and arrange their private affairs in a manner that will bear the closest public scrutiny, an obligation that is not fully discharged by simply acting within the law.

3. Independence

Parliamentarians shallshould take care to avoid placing themselves under any financial or other obligation to outside individuals or organizations that might influence them in the performance of their official duties. Particular vigilance should be exercised in dealings with paid lobbyists.

4. Public Interest

Upon election or appointment to office, Parliamentarians shallshould arrange their private affairs so that foreseeable real or apparent conflicts of interest may be prevented from arising, but if a conflict does arise, it shallshould be resolved in a way that protects the public interest.

5. Gifts and Personal Benefits

Parliamentarians shallshould not accept any gift or personal benefit connected with their office that may reasonably be seen to compromise their personal judgment or integrity.

APPLICATION

1. Except where expressly stated otherwise, this Code of Official Conduct applies to all Senators and Members of the House of Commons, who may collectively be referred to as Parliamentarians.

2. Nothing in this Code shall preclude the Prime Minister from establishing additional principles, rules or obligations applicable to Parliamentarians who are also public office holders, that is, to Ministers, Secretaries of State, or Parliamentary Secretaries. In the case of a conflict between the provisions or the interpretation of this Code and the Prime Minister's Code for public office holders, the Prime Minister's Code shall prevail.

3. Nothing in this Code is intended to prevent or impede Parliamentarians from carrying out activities in which they ordinarily and properly engage on behalf of constituents; Parliamentarians may wish to familiarize themselves with the Lobbyist Registration Act.

4. It is recognized that nothing in this Code affects the jurisdiction of the House of Commons Board of Internal Economy and the Standing Senate Committee on Internal Economy (as approved by the Senate) to determine the propriety of the use of any funds, goods, services or premises made available to Parliamentarians for the carrying out of parliamentary functions.

5. It is recognized that maintaining a wide variety of activities outside of Parliament in addition to their parliamentary duties enables Parliamentarians to reflect better the communities from which they come and to maintain their expertise in their chosen fields. Therefore, nothing in this Code 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;

c. being a director, a partner, or holding an office,

so long as the Parliamentarian, notwithstanding the activity, is able to fulfill the obligations under this Code.

6. Nothing in this Code affects the privileges of Parliament or Parliamentarians, or the powers of the Speakers of each House.

7. Parliamentarians shallshould promote and support this Code by leadership and example . and shall ensure that their employees and others working under their direction are aware of and abide by the principles of this Code.

INTERPRETATION

1. In this Code,

"family" when used with reference to a person, means

(a) the Parliamentarian's spouse;

(b) a child of the Parliamentarian or the Parliamentarian's spouse who has not reached the age of 18 or who has attained the age of 18 and is primarily dependent on the Parliamentarian or spouse for financial support;

"Jurisconsult" means the officer of Parliament appointed by resolutions of the Senate and House of Commons;

"Parliamentarian" means a member of the Senate or of the House of Commons;

"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" means

(a) an asset, a liability or a financial interest,

(b) a source of income,

(c) a position of director or officer in a corporation, association or union, or of partner in a partnership, or of senior officer in any of them,

but does not include an interest that concerns the remuneration or benefits related to membership in the House of Commons or the Senate.

"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;

(c) in the case of income arising from a business or profession, the business or profession.

"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) Sis a 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.

2. For the purpose of this Code, Parliamentarians are not considered to further their private interests if the matter in question:

(a) is of general public application,

(b) affects the Parliamentarian as one of a broad class of the public, or

(c) concerns the remuneration or benefits of a Parliamentarian provided by or pursuant to an Act of Parliament. or

RULES

A. FURTHERING PRIVATE INTERESTS

In the exercise of their duties and functions, Parliamentarians shall not take any actions, make any decisions, or participate in making any decisions in which they know, or reasonably should know, that there is the opportunity to further, directly or indirectly, their own private interests, the private interests of a member of their family, or improperly to further another person's private interest.

B. USING INFLUENCE

Parliamentarians shall not seek to use their position to seek to influence a decision made or to be made by another person so as to further, directly or indirectly, their own private interests, the private interests of a member of their family or improperly to further another person's private interest.

C. INSIDER INFORMATION

1. Parliamentarians shall not use information that is gained in their capacity as Parliamentarians and that is not generally available to the public to further or seek to further, directly or indirectly, their private interests, the private interests of a member of their family, or improperly to further or seek to further another person's private interest.

2. Parliamentarians shall not communicate information that is gained in their capacity as Parliamentarians and 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 further or seek to further, directly or indirectly, their private interests, the private interests of a member or their family, or improperly to further or seek to further another person's private interests.

D. DECLARATION OF AN INTEREST

1. Parliamentarians who have reasonable grounds to believe that they have a private interest in a matter that is before either House of Parliament, or a committee of either of them, shall, if present during consideration of the matter, disclose the general nature of the private interest.

2. Where a Parliamentarian has complied with subsection (1), the Clerk of the House or of the committee shall record the nature of the private interest disclosed and shall file the information with the Jurisconsult who shall make it publicly available.

3. Parliamentarians shall not vote on any question in which they have a direct pecuniary interest.

E. GIFTS AND PERSONAL BENEFITS

1. Parliamentarians shall not accept, directly or indirectly, any gift or personal benefit, except compensation authorized by law, that is connected with their position or their parliamentary functions.

2. Subsection 1 The foregoing rule 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.

3. Where a gift or personal benefit that may be accepted under the exception in subsection 2 exceeds $250 in value, or $250 in value from one source in a 12-month period, the Parliamentarian shall, within 30 days of receiving the gift, file with the Jurisconsult a statement disclosing the nature of the gift or benefit, its source, and the circumstances under which it was given, which statement shall be filed with the Parliamentarian's public disclosure statement and made available for inspection by the public.

F. SPONSORED TRAVEL

1. Parliamentarians shall disclose to the Jurisconsult all visits they make arising from or relating to their position where the cost of any such travel exceeds $250 and is not wholly borne by the Consolidated Revenue Fund, the Parliamentarian personally, any inter-parliamentary association or friendship group recognized by either chamber, or any recognized party.

2. 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 30 days of the end of the trip with the Parliamentarian's public disclosure statement.

G. GOVERNMENT CONTRACTS

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.

2. No Parliamentarian shall have an interest in a partnership or in a private company that is a party to a contract with the Government of Canada under which the partnership or company receives a benefit.

3. The foregoing Subsections 1 and 2 do not apply to a contract that existed before the Parliamentarian's appointment or election to Parliament, but they do apply to its renewal or extension.

4. Subsections 2 and 3 do not apply if the Jurisconsult is of the opinion that the interest is unlikely to affect the Parliamentarian's obligations under the Code.

5. Subsections 2 and 3 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 Jurisconsult.

(b) The trustees shall be persons who are at arm's length with the Parliamentarian and approved by the Jurisconsult.

(c) (i) Subject to (iib), theThe trustees shall not consult with the Parliamentarian with respect to managing the trust property, but may consult with the Jurisconsult.

(ii)(b) With the approval of the Jurisconsult, and in the Jurisconsult's presence, the trustees may consult with the Parliamentarian in exceptional circumstances where an extraordinary corporate event is likely materially to affect the assets.

(d) Where the trust property consists of a corporation, the Parliamentarian shall resign any directorship or position of office with the corporation.

(e) Annually, the trustees shall give the Jurisconsult a 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.

(f) The trustees shall also give the Parliamentarian sufficient information to permit him or her to submit returns as required by the Income Tax Act (Canada) and shall give the same information to Revenue Canada.

6. Subsection 1 does not prohibit a Parliamentarian from receiving benefits under any Act that provides for retirement benefits funded wholly or partly by the Government of Canada.

7. Subsection 2 does not apply until the first anniversary of the acquisition if the interest in the partnership or private company was acquired by inheritance.

8. For greater certainty, a Parliamentarian is not considered to be a party to a contract with the Government of Canada solely on the basis that he or she owns securities in a public company, provided that the Jurisconsult is of the opinion that the interest is unlikely to affect the Parliamentarian's obligations under the Code.

H. DISCLOSURE OF PRIVATE INTERESTS

Confidential Disclosure

1. Every Parliamentarian shall, within 60 days after notice of his or her election is given in the Canada Gazette or after being summoned, and thereafter once in every calendar year on the date established by the Jurisconsult, file with the Jurisconsult a full statement of the Parliamentarian's private interests and the private interests of his or her family.

2. Information relating to the private interests of the Parliamentarian's family shall be to the best of the Parliamentarian's knowledge, information and belief provided that the Parliamentarian shall make reasonable efforts to determine such information.

3. The confidential disclosure statement shall,

(a) identify the assets and liabilities of the Parliamentarian and his or her family and state the value of the assets and liabilities;

(b) state any income the Parliamentarian and his or her family have received during the preceding 12 months or are entitled to receive during the next 12 months, and indicate the source of the income;

(c) state all benefits the Parliamentarian, his or her family, and any private company in which any of them has an interest, have received during the preceding 12 months or are entitled to receive during the next 12 months as a result of a contract with the Government of Canada, and describe the subject-matter and nature of the contract;

(d) if the confidential disclosure statement mentions a private company,

(i) include any information about the company's activities and sources of income that the Parliamentarian is able to obtain by making reasonable inquiries, and

(ii) state the names of any other companies that are its affiliates;

(e) list all corporations, associations, unions or partnerships in which the Parliamentarian and his or her family is an officer or director or has a similar position; and

(f) include any other information that the Jurisconsult requires.

4. After reviewing the confidential disclosure statement received from the Parliamentarian, the Jurisconsult may require that the Parliamentarian, and the Parliamentarian's spouse, if available, meet with the Jurisconsult to ensure that adequate disclosure has been made and to discuss the Parliamentarian's obligations under this Code.

5. Any material change to the information required to be disclosed to the Jurisconsult shall be reported in writing by the Parliamentarian not more than 30 days after the change occurs.

6. Each statement filed by a Parliamentarian with the Jurisconsult under these provisions shall be maintained by the Jurisconsult on a confidential basis.

Public Disclosure

7. (1) The Jurisconsult shall prepare a public disclosure statement for each Parliamentarian, which shall be submitted to the Parliamentarian for review.

(2) The public disclosure statement shall,

(a) state the source and nature, but not the value, of the income, assets and liabilities referred to in subsection 3 above except those that are described in subsection 4 of this section;

(b) list the names and addresses of all persons who have an interest in those assets and liabilities unless the Jurisconsult is satisfied that public disclosure is not relevant to the public interest;

(c) identify any contracts with the Government of Canada referred to in the confidential disclosure statement, and describe their subject-matter and nature;

(d) list the names of any affiliated companies shown in the confidential disclosure statement; and

(e) contain a statement of any gifts or personal benefits that have been disclosed to the Jurisconsult.

(3) An interest in a partnership or corporation, may be qualified in the public disclosure statement by the words "nominal," "significant," or "controlling" where in the opinion of the Jurisconsult it would be in the public interest to do so.

(4) The following assets, liabilities and sources of income shall not be shown in the public disclosure statement:

(a) An asset or liability worth less than $10,000;

(b) Sources of income that together yielded less than $10,000 during the 12 months preceding the relevant date;

(c) Real property that the Parliamentarian or his or her family uses primarily as a residence or for recreational purposes;

(d) Personal property that the Parliamentarian or his or her family uses primarily for transportation, household, educational, recreational, social or aesthetic purposes;

(e) Cash on hand, or on deposit with a financial institution that is lawfully entitled to accept deposits;

(f) Fixed value securities issued or guaranteed by a government or by a government agency;

(g) A registered retirement savings plan that is not self-administered or self-directed;

(h) Investments in a registered retirement savings plan that is self-administered or self-directed that would not be publicly disclosed if held outside of the plan;

(i) An interest in a pension plan, employee benefit plan, annuity or life insurance policy;

(j) An investment in an open-ended mutual fund;

(k) A guaranteed investment certificate or similar financial instrument;

(l) Any other asset, liability or source of income that the Jurisconsult approves as an excluded private interest.

5. The Jurisconsult may withhold information from the public disclosure statement if, in his or her opinion

(a) the information is not relevant to the purpose of this Code; and

(b) a departure from the general principle of public disclosure is justified.

6. The public disclosure statement of each Parliamentarian shall be placed on file at the office of the Jurisconsult and made available for public inspection during normal business hours.

I. EVASION

Parliamentarians shall not sell or transfer any private interest on any terms or conditions that have as their purpose the circumvention of any of the rules in this Code.

2. The Committee recommends that the Rules of the Senate and the Standing Orders of the House of Commons be amended to provide for the appointment of a Jurisconsult and a Joint Committee on Official Conduct, as follows:

A. Jurisconsult

• The Jurisconsult shall be an officer of Parliament.
• After consultations with the leaders of the recognized parties in the Senate and House of Commons and such other persons as the Speakers consider advisable, the Speakers shall table a nomination in the Senate and the House, and a resolution passed by both Houses shall be required before the appointment is made.
• The Jurisconsult shall hold office for a term of seven years, and may be re-appointed for a further term or terms, but may be removed at any time on a joint resolution of the Senate and the House of Commons.
• The person appointed as Jurisconsult shall continue to hold office after the expiry of the term until re-appointed or until a successor is appointed.
• The Jurisconsult shall carry out the duties assigned to the Jurisconsult by the Code of Official Conduct and by the Joint Committee on Official Conduct. The Jurisconsult shall be under the general direction of the Joint Committee.
• The Jurisconsult, and all persons assisting the Jurisconsult, shall swear an oath or make a solemn declaration to keep confidential information relating to the personal interests and property of Parliamentarians received or obtained as a result of the Jurisconsult's official duties.
• The Jurisconsult shall report annually on the affairs of the office to the Speaker of the Senate and the Speaker of the House of Commons, who shall cause the report to be laid before each House. In each annual report, the Jurisconsult shall take every reasonable precaution to avoid revealing any information likely to identify a Parliamentarian or a member of a Parliamentarian's family.

B. Joint Committee on Official Conduct

• There shall be a standing joint committee of the Senate and the House of Commons on Official Conduct. One-third of the membership of the committee shall be from the Senate, and two-thirds from the House of Commons.
• This Joint Committee shall be responsible for all matters related to the Code of Official Conduct, but shall not be responsible for any matters relating to parliamentary privilege, nor any matter assigned by the Parliament of Canada Act to the Standing Senate Committee on Internal Economy, Budgets and Administration or the Board of Internal Economy.
• The Joint Committee shall take all reasonable steps to ensure that no personal information is disclosed publicly, except in accordance with the Code of Official Conduct.

C. Duties and Procedures

• The principal duties of the Jurisconsult shall be as follows:

a. to receive Parliamentarians' confidential disclosure statements and prepare public disclosure statements as required in this Code;

b. after reviewing the confidential disclosure statements from a Parliamentarian, to meet with the Parliamentarian, if the Jurisconsult considers it advisable, and with the Parliamentarian's spouse, if available, to ensure that adequate disclosure has been made and to discuss the Parliamentarian's obligations under the Code;

c. upon reviewing the confidential disclosure statement and after considering any information received during any meeting with the Parliamentarian, to advise him or her whether any additional steps need be taken to ensure that the Parliamentarian's obligations under the Code are fulfilled;

d. to recommend in appropriate cases that in order to fulfil a Parliamentarian's duties under this Code that a Parliamentarian sell a private interest at arm's length, or place a private interest in a trust on such terms and conditions as the Jurisconsult may specify;

e. to provide advice on a confidential basis to individual Parliamentarians and to the Joint Committee on Official Conduct about the interpretation of the Code;

f. to prepare guidance and to provide courses for new Parliamentarians on matters of conduct, propriety and ethics;

g. to monitor the operation of the Code and, where appropriate, to propose possible modifications of it to the Joint Committee; and

h. to review and to investigate complaints about the conduct of Parliamentarians and to report the findings to the Joint Committee.

• In response to a request in writing from a Parliamentarian on any matter respecting the obligations of the Parliamentarian under the Code, the Jurisconsult may make such inquiries as he or she considers appropriate and shall provide a written opinion and recommendations. Any such opinion is confidential to the Parliamentarian and may be made public only by the Parliamentarian or with his or her consent.
• Any opinion given by the Jurisconsult to a Parliamentarian is binding on the Jurisconsult in relation to any subsequent consideration of the subject matter of the opinion, provided that all the relevant facts that were known to the Parliamentarian were disclosed to the Jurisconsult.
• Complaints shall be by affidavit and shall provide details regarding the nature and basis of the complaint. The Jurisconsult shall have independent discretion to decide whether or not a complaint by a Parliamentarian or a member of the public merits an investigation, provided that the Jurisconsult shall commence an investigation when directed to do so by the Joint Committee.
• Investigations by the Jurisconsult shall be conducted in private and with due despatch. The Jurisconsult shall be supported by the authority of the Joint Committee, including the power to send for persons, papers and records. In cases of non-compliance, the matter shall be reported to the Joint Committee, which, if required, could seek an order of either the Senate or House of Commons (depending on the House of the Parliamentarian concerned).
• Following the investigation, the Jurisconsult may dismiss the complaint, find it proved and agree to a remedy with the Parliamentarian involved, or determine that there is a case to answer and refer the complaint to the Joint Committee. The Jurisconsult would be expected to publish reasons for dismissing a complaint after investigation, the finding and remedy agreed to when it was being taken no further, and the report to the Joint Committee when the case was referred to it.
• In cases where the Jurisconsult decides that no further action is required, the Joint Committee shall be advised, but could not question or change the Jurisconsult's findings in such a case.
• Where the Jurisconsult reaches an agreed course of action with a Parliamentarian, the Joint Committee shall be advised. The Joint Committee could report to the House (if required), or remit the case back to the Jurisconsult for further consideration.
• Where the Jurisconsult believes that a prima facie case exists, but has been unable to settle the matter, it shall be referred to the Joint Committee, which shall hold an inquiry and, where a penalty was deemed appropriate, make a recommendation to the House.
• The Joint Committee shall have an oversight function. Investigations shall be conducted by the Jurisconsult. The Joint Committee would only become involved in individual cases when and if the Jurisconsult refers a matter to it for inquiry.
• Meetings of the Joint Committee shall ordinarily be held in camera to ensure the privacy and confidentiality of information presented to it. All decisions of the Joint Committee shall be made public in a timely manner, but shall not contain identifying details unless central to the decision. The normal rules for committees shall apply, including the power to establish sub-committees.
• Where the Joint Committee or the Jurisconsult, discovers that the subject-matter of any inquiry that is pending or in progress is under investigation by the police or that a charge has been laid, the Joint Committee or the Jurisconsult, as the case might be, shall immediately suspend the inquiry until the police investigation or charge has been finally disposed of.
• Where, during the course of an inquiry, the Joint Committee or the Jurisconsult determines that there are reasonable grounds to believe that an offence against any Act of Parliament has been committed, the Joint Committee or the Jurisconsult, as the case might be, shall immediately refer the matter to the appropriate authorities and suspend the inquiry until any resulting police investigation and charge have been finally disposed of.
• Where a matter has been referred to the Joint Committee and an inquiry held, the Joint Committee shall table a report in both Houses. With respect to the chamber of which the Parliamentarian concerned is a member, the report shall be taken up and deemed to have been concurred in unless a vote to vary or negate the report is adopted within 10 sitting days.
• The Jurisconsult, with the approval of the Joint Committee, may make rules for the carrying out of the purposes and provisions of the Code. Any such proposed rules shall be tabled in both the Senate and the House of Commons, and come into effect only if there is no negative resolution of either chamber within 10 sitting days.
• The Jurisconsult and the Joint Committee shall retain all documents relating to a Parliamentarian or a Parliamentarian's family for a period of twelve months after a Parliamentarian ceases to be a Parliamentarian, after which the documents shall be destroyed unless there is an inquiry current under the Code or a charge has been laid against the Parliamentarian or the Parliamentarian's family under the Criminal Code to which the documents relate or may relate.
• The Jurisconsult and the Committee may undertake educational activities for Parliamentarians and the general public regarding the Code of Official Conduct, the Joint Committee, or the Jurisconsult's office.

3. The Committee recommends that:

(a) The Code of Official Conduct shall be permanently referred to the Joint Committee of the Senate and the House of Commons on Official Conduct or such Committees or Committee designated for the purpose of overseeing the rules made by the Jurisconsult.

(b) The committee or committees shall, within five years after the adoption of this Code, undertake a comprehensive review of its provisions and operation, and shall submit a report thereon, including a statement of any changes the committee recommends.

4. The Committee recommends the following consequential changes:

(a) The Rules of the Senate and the Standing Orders of the House of Commons should be revised to remove those provisions that are inconsistent with this Code.

(b) The provisions of the Parliament of Canada Act that deal with contracts between Parliamentarians and the Government of Canada should be repealed, as they will be replaced with the provisions of this Code of Official Conduct.

(c) The Government should review the recommendations of the 1992 Special Committee on Conflict of Interest regarding amendments to the Criminal Code regarding the offences of bribery, influence-peddling and breach of trust to clarify the meaning of the word "official" in relation to Parliamentarians.

(d) The Code of Official Conduct should come into force in the Thirty-Sixth Parliament, on the day three months following the appointment of the Jurisconsult.

A copy of the relevant Minutes of Proceedings of the Special Joint Committee on a Code of Conduct (Issue No. 1, which includes this Report) is tabled.

Respecfully submitted,

SENATOR DONALD H. OLIVER, Q.C.

PETER MILLIKEN, M.P.

Joint Chairmen