• (e) the office of the Conflict of Interest and Ethics Commissioner as represented by the Conflict of Interest and Ethics Commissioner;

• (c.2) the office of the Conflict of Interest and Ethics Commissioner as represented by the Conflict of Interest and Ethics Commissioner; or

“public service”

« fonction publique »

“public service” means the several positions in or under any department or portion of the executive government of Canada, except those portions of departments or portions of the executive government of Canada prescribed by the regulations and, for the purposes of this Part, of the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer and office of the Conflict of Interest and Ethics Commissioner and any board, commission, corporation or portion of the federal public administration specified in Schedule I;

Marginal note:Application to Her Majesty and Parliament

• 3. (1) Subject to subsection (2), this Act is binding on Her Majesty in right of Canada, on the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer and office of the Conflict of Interest and Ethics Commissioner and on Her Majesty in right of a province.

• Marginal note:Exemptions

  (2) The Governor in Council may by order exempt Her Majesty in right of Canada, or the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Conflict of Interest and Ethics Commissioner, as represented by the person or persons named in the order, from any or all provisions of this Act or the regulations, and such an exemption may be

  • (a) in the case of an exemption of Her Majesty in right of Canada, in respect of Her Majesty in right of Canada generally, or only in respect of a department or other body named in the order;

  • (b) either absolute or qualified; and

  • (c) of either general or specific application.

Marginal note:No impact

42. For greater certainty, no exemption granted in respect of a person under section 38 and no waiver or reduction granted in respect of a person under section 39 affects any obligation or prohibition that applies to that person under the Lobbying Act.

Marginal note:Report to Commissioner

• 37. (1) A former reporting public office holder who, during the applicable period under section 36, has any communication referred to in paragraph 5(1)(a) of the Lobbying Act or arranges a meeting referred to in paragraph 5(1)(b) of that Act shall report that communication or meeting to the Commissioner.

Marginal note:Referral from Public Sector Integrity Commissioner

68. If a matter is referred to the Commissioner under subsection 24(2.1) of the Public Servants Disclosure Protection Act, the Commissioner shall

• (a) provide the Prime Minister with a report setting out the facts in question as well as the Commissioner’s analysis and conclusions;

• (b) provide a copy of the report to the public office holder or former public office holder who is the subject of the report;

• (c) provide a copy of the report to the Public Sector Integrity Commissioner; and

• (d) make the report available to the public.

• Marginal note:Senate and House of Commons

  (2) For greater certainty, the expression “federal board, commission or other tribunal”, as defined in subsection (1), does not include the Senate, the House of Commons, any committee or member of either House, the Senate Ethics Officer or the Conflict of Interest and Ethics Commissioner with respect to the exercise of the jurisdiction or powers referred to in sections 41.1 to 41.5 and 86 of the Parliament of Canada Act.

• Marginal note:No commercial value

  (2) For the purposes of this Act, other than section 92.2, the commercial value of property or a service is deemed to be nil if

Gifts and Other Advantages

Marginal note:Definition of candidate

92.1 For the purposes of sections 92.2 to 92.6, a candidate is deemed to have become a candidate on the earlier of

• (a) the day on which he or she is selected at a nomination contest, and

• (b) the day on which the writ is issued for the election.

Marginal note:Prohibition

• 92.2 (1) No candidate shall accept any gift or other advantage that might reasonably be seen to have been given to influence him or her in the performance of his or her duties and functions as a member, were the candidate to be elected, during the period that

  • (a) begins on the day on which he or she becomes a candidate; and

  • (b) ends on the day on which he or she withdraws, in the case of a candidate who withdraws in accordance with subsection 74(1), on the day on which he or she becomes a member, in the case of a candidate who is elected, and on polling day, in any other case.

• Marginal note:Exception

  (2) Despite subsection (1), a candidate may accept a gift or other advantage that is given by a relative or as a normal expression of courtesy or protocol.

• Marginal note:Statement of candidate

  (3) The candidate shall provide the Chief Electoral Officer with a statement in the prescribed form that discloses, in respect of all gifts or other advantages that the candidate accepted during the period referred to in subsection (1) whose benefit to the candidate exceeds $500 or, if accepted from the same person or entity in that period, exceeds a total of $500, other than gifts or other advantages given by relatives or made by way of an unconditional, non-discretionary testamentary disposition,

  • (a) the nature of each gift or other advantage, its commercial value and the cost, if any, to the candidate;

  • (b) the name and address of the person or entity giving the gift or other advantage; and

  • (c) the circumstances under which the gift or other advantage was given.

• Marginal note:Clarification

  (4) For the purposes of subsection (3), the benefit to a candidate of a gift or other advantage that is a service or property, or the use of property or money, is the difference between the commercial value of the service or property or the use of the property or money and the cost, if any, to the candidate.

• Marginal note:Period for providing statement

  (5) The candidate shall provide the statement to the Chief Electoral Officer within four months after

  • (a) polling day; or

  • (b) the publication of a notice of the withdrawal or deemed withdrawal of the writ for the election.

• Marginal note:Definitions

  (6) The following definitions apply in this section.

  “common-law partnership”

  « union de fait »

  “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.

  “gift or other advantage”

  « cadeau ou autre avantage »

  “gift or other advantage” 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.

  It does not include a contribution made by an eligible individual under Part 18 to the official agent of a candidate that does not exceed the limits set out in that Part, or a provision of goods or services or a transfer of funds under section 404.2.

  “relative”

  « parent »

  “relative”, in respect of a candidate, means a person related to the candidate by marriage, common-law partnership, birth, adoption or affinity.

Marginal note:Extension or correction — Chief Electoral Officer

• 92.3 (1) The Chief Electoral Officer, on the written application of a candidate, may authorize

  • (a) the extension of the period provided in subsection 92.2(5); or

  • (b) the correction, within a specified period, of the statement referred to in subsection 92.2(3).

• Marginal note:Deadline

  (2) An application may be made

  • (a) under paragraph (1)(a), within the period provided in subsection 92.2(5); and

  • (b) under paragraph (1)(b), as soon as the candidate becomes aware of the need for correction.

• Marginal note:Grounds

  (3) The Chief Electoral Officer may not authorize an extension or correction unless he or she is satisfied by the evidence submitted by the candidate in writing that the circumstances giving rise to the application arose by reason of

  • (a) the illness of the candidate; or

  • (b) inadvertence or an honest mistake of fact.

Marginal note:Extension or correction — judge

• 92.4 (1) A candidate may apply to a judge who is competent to conduct a recount for an order authorizing an extension referred to in paragraph 92.3(1)(a) or a correction referred to in paragraph 92.3(1)(b). The applicant shall notify the Chief Electoral Officer of the application.

• Marginal note:Deadline

  (2) An application may be made within two weeks after

  • (a) the rejection of an application, made in accordance with section 92.3, for the extension or correction; or

  • (b) the expiry of the extended period or specified period authorized under paragraph 92.3(1)(a) or (b).

• Marginal note:Grounds

  (3) A judge may not grant an order unless he or she is satisfied that the circumstances giving rise to the application arose by reason of a factor referred to in either paragraph 92.3(3)(a) or (b).

• Marginal note:Contents of order

  (4) An order under subsection (1) may require that the candidate satisfy any condition that the judge considers necessary for carrying out the purposes of this Act.

Marginal note:Chief Electoral Officer to retain statements

• 92.5 (1) The Chief Electoral Officer shall retain in his or her possession the statements referred to in subsection 92.2(3) for at least one year after the return of the writ for the election.

• Marginal note:Information to be kept confidential

  (2) The Chief Electoral Officer shall keep confidential the statements provided under subsection 92.2(3).

• Marginal note:Exception

  (3) Subsection (2) does not prohibit the Commissioner from inspecting the statements referred to in that subsection, and any of those statements may be provided to the Director of Public Prosecutions and produced by that Director for the purpose of a prosecution for an offence under this Act.

Marginal note:Prohibition — false, misleading or incomplete statement

92.6 No candidate shall provide the Chief Electoral Officer with a statement referred to in subsection 92.2(3) that

• (a) the candidate knows or ought reasonably to know contains a material statement that is false or misleading; or

• (b) does not substantially set out the information required by that subsection.