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PROC Committee Report

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Appendix A – Amendments to the Conflict of Interest Code

 

That sections 31, 31.1 and 32, subsections 3(1), 3(3) in French, 23(2), 27(2) in French, 27(2.1) and 27(5.1), as well as paragraphs 21(1)(a) and (b) of the Conflict of Interest Code for Members of the House of Commons be amended to read as follows:

Definitions.
3. (1) The following definitions apply in this code.
“all-party caucus” « caucus multipartite ».
“all-party caucus” means a caucus open to all political parties.
“benefit” « avantage ».
“benefit” means
(a) an amount of money if there is no obligation to repay it; and
(b) a service or property, or the use of property or money that is provided without charge or at less than its commercial value, other than a service provided by an intern or a volunteer working on behalf of a member; but does not include a benefit received from a riding association or a political party.
“commissioner” « commissaire ».
“commissioner” means the Conflict of Interest and Ethics Commissioner appointed under section 81 of the Parliament of Canada Act.
“common-law partner” « conjoint de fait ».
“common-law partner”, with respect to a member, means a person who is cohabiting with the member in a conjugal relationship, having so cohabited for a period of at least one year.
“duties and functions” « fonctions ».
“duties and functions”, in relation to a member, refers to the definition of “parliamentary functions” of the Members By-Law of the House’s Board of Internal Economy.
“spouse” « époux ».
“spouse”, with respect to a member, does not include a person from whom the member is separated where all support obligations and family property have been dealt with by a separation agreement or by a court order.
Exclusions.
3. (3) Pour l’application du présent code, ne sont pas considérées comme favorisant les intérêts personnels d’un député ou d’une autre personne ceux les affaires :
a) qui sont d’application générale;
b) qui le concernent le député ou l’autre personne en tant que membre d’une vaste catégorie de personnes;
b.1) qui ont trait au fait d’être partie à une action en justice relative à des actes posés par le député dans l’exercice de ses fonctions;
c) qui ont trait à la rémunération ou aux avantages accordés au député au titre d’une loi fédérale.
Content of disclosure statement.
21. (1) The statement shall
(a) identify and state the value of each asset or liability of the member and the members of the member’s family that;
(i) in the case of a credit card balance, exceeds is of $10,000 or more and has been outstanding for more than six months;
(ii) in all other cases, exceeds is of $10,000 or more;
(b) state the amount and indicate the source of any income of greater than $1,000 or more that the member and the members of the member’s family have received during the preceding 12 months and are entitled to receive during the next 12 months;
Public inspection.
23. (2) At the expiry of the period provided for in subsection (1), including an extension granted under subsection (1.1), each summary is to be placed on file at the office of the commissioner and made available for public inspection during normal business hours, and posted on the website of the commissioner. Each summary shall also be available to the public, on request, by fax or mail.
Forme de la demande.
27. (2) La demande d’enquête est présentée par écrit et signée et elle énonce l’infraction présumée et les motifs pour lesquels il est raisonnable de croire que le présent code n’a pas été respecté.
No public comment.
27. (2.1) The member who requested that an inquiry be conducted shall make no public comments relating to the inquiry until the commissioner confirms that the member who is the subject of the inquiry has received a copy of the complaint or 14 days have elapsed following the receipt of the request by the commissioner, whichever is earlier has completed the preliminary review and both members have been notified pursuant to paragraph (3.2)(b) of this section.
Public comments.
27. (5.1) The commissioner shall make no public comments relating to any preliminary review or inquiry except to:
(i) confirm that a request for an inquiry has been received;
(ii) confirm that a preliminary review or inquiry has commenced or been completed; or
(iii) describe the reasons for not proceeding with an inquiry where the matter to which the inquiry relates has already been made public.
Retention of documents.
31 The commissioner shall retain all documents relating to a member for a period of 12 months after he or she ceases to be a member, after which the documents shall be destroyed unless there is an inquiry in progress under this code concerning them or a charge has been laid against the member under an act of Parliament and the documents may relate to that matter.
Confidentiality.
31.1 Except as otherwise ordered by the House or a court, or as required for the purposes of this code, the commissioner shall keep confidential documents and information received pursuant to this code, including documents and information received in the course of an inquiry that the commissioner suspended in accordance to paragraph 29(1)(a) or documents and information referred to in section 31.
Mandatory training and educational activities.
32. The commissioner shall undertake individualized mandatory training for members, which includes the use of educational scenarios, within the first 120 days after their confirmation of election, as well as educational activities for members and the general public regarding this code and the role of the commissioner.