Marlene Jennings moved, — That Bill C-2 be amended by adding after line 38 on page 57 the following new clause:“45.1
The Act is amended by adding the following after section 404.4:
404.5 (1) No candidate or member may, directly or indirectly, accept any benefit or income from a trust established by reason of his or her position as a candidate or member.
(2) No candidate or member shall take any action that has as its purpose the circumvention of the prohibition referred to in subsection (1).
(3) Every person who contravenes subsection (1) or (2) is guilty of an offence and liable on summary conviction to a fine of not less than $500 and not more than $2,000.
404.6 (1) Every candidate or member shall disclose to the Chief Electoral Officer every trust known to the candidate or member from which he or she could, currently or in the future, either directly or indirectly, derive a benefit or income.
(2) The disclosure shall be made in accordance with the process of disclosure established by the Chief Electoral Officer.
(3) Section 126 of the Criminal Code does not apply in respect of a contravention of subsection (1).
404.7 (1) If a trust disclosed by a candidate or member was established by the candidate or member or by a person who is not a relative of the candidate or member, the Chief Electoral Officer shall
(a) if he or she is of the opinion that it is legally possible for the candidate or member to terminate the trust, order the candidate or member to terminate the trust and not to use any distribution of the assets on its termination for the purpose of financing a nomination contest, a leadership contest or an electoral campaign within the meaning of this Act; or
(b) if he or she is of the opinion that it is not legally possible for the candidate or member to terminate the trust, order the candidate or member not to derive any benefit or income from the trust for the purpose of financing a nomination contest, a leadership contest or an electoral campaign within the meaning of this Act.
(2) If a trust disclosed by a candidate or member was established by a relative of the candidate or member, the Chief Electoral Officer shall order the member not to derive any benefit or income from the trust, including any distribution of its assets on its termination, for the purpose of financing a nomination contest, a leadership contest or an electoral campaign within the meaning of this Act.
(3) Subsections (1) and (2) do not apply in respect of a trust that meets the requirements of subsection 27(4) of the Conflict of Interest Act or a trust that is governed by a registered retirement savings plan or a registered education savings plan.
(4) No order made under this section has effect after polling day at a general election or after the day on which a member to which the order relates ceases to be a member and, for the purposes of this subsection, a person who was a member immediately before the issue of a writ for the election of a new member in place of that person is deemed to continue to be a memberuntil the date of that election.
(5) Every person who contravenes an order made under this section is guilty of an offence and liable on summary conviction to a fine of not less than $500 and not more than $2,000.
(6) Persons who are related to a candidate or member by birth, marriage, common-law partnership, adoption or affinity are the candidate’s or member’s relatives for the purpose of this section unless the Chief Electoral Officer determines, either generally or in relation to a particular candidate or member, that it is not necessary for the purposes of this section that a person or class of persons be considered a relative of the candidate or member.
(7) For the purpose of subsection (6), “common law partnership” means the relationship between two persons who are cohabiting in a conjugal relationship, having so cohabited for a period of at least one year.”