Parliament of Canada Act — P-1 41.3
Commis­sioner’s orders 41.3 (1) If a trust disclosed by a member of the House of Commons was established by the member or by a person who is not a relative of the member, the Conflict of Interest and Ethics Commissioner shall (a) if he or she is of the opinion that it is legally possible for the member to terminate the trust, order the 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 the Canada Elections Act ; or (b) if he or she is of the opinion that it is not legally possible for the member to terminate the trust, order the 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 the Canada Elections Act . Commis­sioner’s orders (2) If a trust disclosed by a member was established by a relative of the member, the Conflict of Interest and Ethics Commissioner 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 the Canada Elections Act . Exceptions (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. Cessation of order (4) No order made under this section has effect after the day on which the member to which the order relates ceases to be a member of the House of Commons and, for the purposes of this subsection, a person who was a member of the House of Commons 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 member of that House until the date of that election. Compliance measures under Conflict of Interest Act (5) If there is any inconsistency between an order made under this section and compliance measures required to be taken under the Conflict of Interest Act , the order prevails to the extent of the inconsistency. Offence and punishment (6) Every member of the House of Commons 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. Meaning of relative (7) Persons who are related to a member of the House of Commons by birth, marriage, common-law partnership, adoption or affinity are the member’s relatives for the purpose of this section unless the Conflict of Interest and Ethics Commissioner determines, either generally or in relation to a particular 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 member. Meaning of common law partnership (8) For the purpose of subsection (7), 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. 2006, c. 9, s. 99