GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Conflict of Interest Act — C-36.65 13
Contracts with public sector entities 13 (1) No minister of the Crown, minister of state or parliamentary secretary shall knowingly be a party to a contract with a public sector entity under which he or she receives a benefit, other than a contract under which he or she is entitled to pension benefits. Partnerships and private companies (2) No minister of the Crown, minister of state or parliamentary secretary shall have an interest in a partnership or private corporation that is a party to a contract with a public sector entity under which the partnership or corporation receives a benefit. Exception (3) Subsections (1) and (2) do not apply if the Commissioner is of the opinion that the contract or interest is unlikely to affect the exercise of the official powers, duties and functions of the minister of the Crown, minister of state or parliamentary secretary.
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Contracting 14 (1) No public office holder who otherwise has the authority shall, in the exercise of his or her official powers, duties and functions, enter into a contract or employment relationship with his or her spouse, common-law partner, child, sibling or parent. Public sector entity — public office holders (2) No public office holder, other than a minister of the Crown, minister of state or parliamentary secretary, who otherwise has the authority shall permit the public sector entity for which he or she is responsible, or to which he or she is assigned, to enter into a contract or employment relationship with his or her spouse, common-law partner, child, sibling or parent except in accordance with an impartial administrative process in which the public office holder plays no part. Public sector entity — ministers (3) No minister of the Crown, minister of state or parliamentary secretary who otherwise has the authority shall permit the public sector entity for which he or she is responsible, or to which he or she is assigned, to enter into a contract or employment relationship with his or her spouse, common-law partner, child, sibling or parent. Other ministers or party colleagues (4) No minister of the Crown, minister of state or parliamentary secretary who otherwise has the authority shall permit anyone acting on his or her behalf to enter into a contract or employment relationship with a spouse, common-law partner, child, sibling or parent of another minister of the Crown, minister of state or parliamentary secretary or party colleague in Parliament, except in accordance with an impartial administrative process in which the minister of the Crown, minister of state or parliamentary secretary plays no part. Restriction (5) Subsection (4) does not apply in respect of the appointment of a member of ministerial staff or a ministerial adviser. Certain contracts excluded (6) This section does not apply to a contract for goods or services offered by a public sector entity on the same terms and conditions as to the general public.
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Prohibited activities 15 (1) No reporting public office holder shall, except as required in the exercise of his or her official powers, duties and functions, (a) engage in employment or the practice of a profession; (b) manage or operate a business or commercial activity; (c) continue as, or become, a director or officer in a corporation or an organization; (d) hold office in a union or professional association; (e) serve as a paid consultant; or (f) be an active partner in a partnership. Exception (1.1) Despite paragraph (1)(a), for the purpose of maintaining his or her employment opportunities or ability to practice his or her profession on leaving public office, a reporting public office holder may engage in employment or the practice of a profession in order to retain any licensing or professional qualifications or standards of technical proficiency necessary for that purpose if (a) the reporting public office holder does not receive any remuneration; and (b) the Commissioner is of the opinion that it is not incompatible with the reporting public office holder’s duties as a public office holder. Exception (2) Despite paragraph (1)(c), a reporting public office holder who is a director or officer in a Crown corporation as defined in section 83 of the Financial Administration Act may continue as, or become, a director or officer in a financial or commercial corporation but only if the Commissioner is of the opinion that it is not incompatible with his or her public duties as a public office holder. Exception (3) Despite paragraph (1)(c), a reporting public office holder may continue as, or become, a director or officer in an organization of a philanthropic, charitable or non-commercial character but only if the Commissioner is of the opinion that it is not incompatible with his or her public duties as a public office holder. Political activities (4) Nothing in this section prohibits or restricts the political activities of a reporting public office holder. 2006, c. 9, s. 2 "15"; 2011, c. 24, s. 168
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Fundraising 16 No public office holder shall personally solicit funds from any person or organization if it would place the public office holder in a conflict of interest.
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Divestiture of controlled assets 17 No reporting public office holder shall, unless otherwise provided in Part 2, hold controlled assets as defined in that Part.
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Anti-avoidance 18 No public office holder shall take any action that has as its purpose the circumvention of the public office holder’s obligations under this Act.
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Condition of appointment or employment 19 Compliance with this Act is a condition of a person’s appointment or employment as a public office holder.
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Definitions 20 The following definitions apply in this Part. assets includes any trusts in respect of which a public office holder or a member of his or her family is a beneficiary. ( bien ) controlled assets means assets whose value could be directly or indirectly affected by government decisions or policy including, but not limited to, the following: (a) publicly traded securities of corporations and foreign governments, whether held individually or in an investment portfolio account such as, but not limited to, stocks, bonds, stock market indices, trust units, closed-end mutual funds, commercial papers and medium-term notes; (b) self-administered registered retirement savings plans, self-administered registered education savings plans and registered retirement income funds composed of at least one asset that would be considered controlled if held outside the plan or fund; (c) commodities, futures and foreign currencies held or traded for speculative purposes; and (d) stock options, warrants, rights and similar instruments. ( bien contrôlé ) exempt assets means assets and interests in assets for the private use of public office holders and the members of their family and assets that are not of a commercial character, including the following: (a) primary and secondary residences, recreational property and farm land and buildings used or intended for use by public office holders or the members of their family; (b) household goods and personal effects; (c) works of art, antiques and collectibles; (d) automobiles and other personal means of transportation; (e) cash and deposits; (f) Canada Savings Bonds and other similar investments issued or guaranteed by any level of government in Canada or agencies of those governments; (g) registered retirement savings plans and registered education savings plans that are not self-administered or self-directed; (h) investments in open-ended mutual funds; (i) guaranteed investment certificates and similar financial instruments; (j) public sector debt financing not guaranteed by a level of government, such as university and hospital debt financing; (k) annuities and life insurance policies; (l) pension rights; (m) money owed by a previous employer, client or partner; (n) personal loans receivable from the public office holder’s relatives, and personal loans of less than $10,000 receivable from other persons if the public office holder has loaned the moneys receivable; (o) money owed under a mortgage or hypothec of less than $10,000; (p) self-administered or self-directed registered retirement savings plans, registered education savings plans and registered retirement income funds composed exclusively of assets that would be considered exempt if held outside the plan or fund; and (q) investments in limited partnerships that are not traded publicly and whose assets are exempt assets. ( bien exclu )
Conflict of Interest Act — C-36.65
assets includes any trusts in respect of which a public office holder or a member of his or her family is a beneficiary. ( bien )
Conflict of Interest Act — C-36.65 (a)
controlled assets means assets whose value could be directly or indirectly affected by government decisions or policy including, but not limited to, the following: (a) publicly traded securities of corporations and foreign governments, whether held individually or in an investment portfolio account such as, but not limited to, stocks, bonds, stock market indices, trust units, closed-end mutual funds, commercial papers and medium-term notes; (b) self-administered registered retirement savings plans, self-administered registered education savings plans and registered retirement income funds composed of at least one asset that would be considered controlled if held outside the plan or fund; (c) commodities, futures and foreign currencies held or traded for speculative purposes; and (d) stock options, warrants, rights and similar instruments. ( bien contrôlé )
Conflict of Interest Act — C-36.65 (a)
exempt assets means assets and interests in assets for the private use of public office holders and the members of their family and assets that are not of a commercial character, including the following: (a) primary and secondary residences, recreational property and farm land and buildings used or intended for use by public office holders or the members of their family; (b) household goods and personal effects; (c) works of art, antiques and collectibles; (d) automobiles and other personal means of transportation; (e) cash and deposits; (f) Canada Savings Bonds and other similar investments issued or guaranteed by any level of government in Canada or agencies of those governments; (g) registered retirement savings plans and registered education savings plans that are not self-administered or self-directed; (h) investments in open-ended mutual funds; (i) guaranteed investment certificates and similar financial instruments; (j) public sector debt financing not guaranteed by a level of government, such as university and hospital debt financing; (k) annuities and life insurance policies; (l) pension rights; (m) money owed by a previous employer, client or partner; (n) personal loans receivable from the public office holder’s relatives, and personal loans of less than $10,000 receivable from other persons if the public office holder has loaned the moneys receivable; (o) money owed under a mortgage or hypothec of less than $10,000; (p) self-administered or self-directed registered retirement savings plans, registered education savings plans and registered retirement income funds composed exclusively of assets that would be considered exempt if held outside the plan or fund; and (q) investments in limited partnerships that are not traded publicly and whose assets are exempt assets. ( bien exclu )
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Duty to recuse 21 A public office holder shall recuse himself or herself from any discussion, decision, debate or vote on any matter in respect of which he or she would be in a conflict of interest.
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Confidential report 22 (1) A reporting public office holder shall, within 60 days after the day on which he or she is appointed as a public office holder, provide a confidential report to the Commissioner. Content of report (2) The report required under subsection (1) must contain the following: (a) a description of all of the reporting public office holder’s assets and an estimate of their value; (b) a description of all of the reporting public office holder’s direct and contingent liabilities, including the amount of each liability; (c) a description of all income received by the reporting public office holder during the 12 months before the day of appointment and all income the reporting public office holder is entitled to receive in the 12 months after the day of appointment; (d) a description of all activities referred to in section 15 in which the reporting public office holder was engaged in the two-year period before the day of appointment; (e) a description of the reporting public office holder’s involvement in philanthropic, charitable or non-commercial activities in the two-year period before the day of appointment; (f) a description of all of the reporting public office holder’s activities as trustee, executor or liquidator of a succession or holder of a power of attorney in the two-year period before the day of appointment; and (g) any other information that the Commissioner considers necessary to ensure that the reporting public office holder is in compliance with this Act. Additional content (3) A minister of the Crown, minister of state or parliamentary secretary shall make reasonable efforts to include in the report the information referred to in subsection (2) for each member of his or her family. Benefits from contracts (4) A reporting public office holder shall include in the report a description of all benefits that he or she, any member of his or her family or any partnership or private corporation in which he or she or a member of his or her family has an interest is entitled to receive during the 12 months after the day of appointment, as a result of a contract with a public sector entity and the report must include a description of the subject-matter and nature of the contract. Notification of material change (5) If there is a material change in any matter in respect of which a reporting public office holder is required to provide a confidential report under this section, the reporting public office holder shall, within 30 days after the change, file a report with the Commissioner describing the material change.
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Disclosure of gifts 23 If the total value of all gifts or other advantages accepted by a reporting public office holder or a member of his or her family exceeds $200 from any one source other than relatives and friends in a 12-month period, the reporting public office holder shall disclose the gifts or other advantages to the Commissioner within 30 days after the day on which the value exceeds $200.
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Disclosure of offers 24 (1) A reporting public office holder shall disclose in writing to the Commissioner within seven days all firm offers of outside employment. Disclosure of acceptance (2) A reporting public office holder who accepts an offer of outside employment shall within seven days disclose his or her acceptance of the offer in writing to the Commissioner as well as to the following persons: (a) in the case of a minister of the Crown or minister of state, to the Prime Minister; (b) in the case a parliamentary secretary, to the minister whom the parliamentary secretary assists; (c) in the case of deputy heads, to the Clerk of the Privy Council; (c.1) in the case of the Parliamentary Budget Officer, to the Speakers of the Senate and the House of Commons; and (d) in the case of any other reporting public office holder, to the appropriate minister. 2006, c. 9, s. 2 “24”; 2017, c. 20, s. 188
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Public declaration — recusal 25 (1) If a reporting public office holder has recused himself or herself to avoid a conflict of interest, the reporting public office holder shall, within 60 days after the day on which the recusal took place, make a public declaration of the recusal that provides sufficient detail to identify the conflict of interest that was avoided. Public declaration — certain assets (2) A reporting public office holder shall, within 120 days after the day on which he or she is appointed as a public office holder, make a public declaration of all of his or her assets that are neither controlled assets nor exempt assets. Public declaration — liabilities (3) A minister of the Crown, minister of state or parliamentary secretary shall, within 120 days after the day on which he or she is appointed, make a public declaration with respect to all of his or her liabilities of $10,000 or more that provides sufficient detail to identify the source and nature of the liability but not the amount. Public declaration — outside activities (4) If a reporting public office holder holds a position referred to in subsection 15(2) or (3), the reporting public office holder shall, within 120 days after the day on which he or she is appointed, make a public declaration of that fact. Public declaration — gifts (5) If a reporting public office holder or a member of his or her family accepts any single gift or other advantage that has a value of $200 or more, other than one from a relative or friend, the reporting public office holder shall, within 30 days after accepting the gift or other advantage, make a public declaration that provides sufficient detail to identify the gift or other advantage accepted, the donor and the circumstances under which it was accepted. Public declaration — travel (6) If travel has been accepted in accordance with section 12, from any source, the minister of the Crown, minister of state or parliamentary secretary concerned shall, within 30 days after the acceptance, make a public declaration that provides sufficient detail to identify the source and the circumstances under which the travel was accepted.
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Summary statement 26 (1) A reporting public office holder shall, within 120 days after the day on which he or she is appointed, sign a summary statement containing the information required under subsection (2) and provide it to the Commissioner. Content (2) The summary statement must contain the following: (a) for each controlled asset of the reporting public officer holder, and for each asset of the reporting public office holder that the Commissioner has ordered divested under section 30, a description of the asset and the method used to divest it; (b) for each matter in respect of which the Commissioner has ordered a reporting public office holder to recuse himself or herself under section 30, a description of the matter and information regarding the process to be put in place by the reporting public office holder and others to effect the recusal; and (c) for any other matter in respect of which the Commissioner has issued an order to the reporting public office holder under section 30, a description of the matter and the order, and the steps taken to comply with the order.
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ice holder shall provide to the Commissioner a confirmation of sale or a copy of any contract or instrument establishing the trust in respect of any controlled asset divested under subsection (1). Information confidential (8) Unless otherwise required by law, the Commissioner shall keep confidential all information provided by a reporting public office holder relating to a divestment under subsection (1), except the fact that a sale has taken place or that a trust exists. Security (9) Subject to the approval of the Commissioner, a reporting public office holder is not required to divest controlled assets that are given as security to a lending institution. Assets of minimal value (10) A reporting public office holder who is not a minister of the Crown, a minister of state or a parliamentary secretary is not required to divest controlled assets if, in the opinion of the Commissioner, the assets are of such minimal value that they do not constitute any risk of conflict of interest in relation to the reporting public office holder’s official duties and responsibilities.
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Annual review 28 The Commissioner shall review annually with each reporting public office holder the information contained in his or her confidential reports and the measures taken to satisfy his or her obligations under this Act.
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Determination of appropriate measures 29 Before they are finalized, the Commissioner shall determine the appropriate measures by which a public office holder shall comply with this Act and, in doing so, shall try to achieve agreement with the public office holder.
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Compliance order 30 In addition to the specific compliance measures provided for in this Part, the Commissioner may order a public office holder, in respect of any matter, to take any compliance measure, including divestment or recusal, that the Commissioner determines is necessary to comply with this Act.
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Reimbursement of costs 31 (1) The Commissioner may order that the following administrative costs incurred by a public office holder be reimbursed: (a) in relation to a divestment of assets, (i) reasonable legal, accounting and transfer costs to establish and terminate a trust determined to be necessary by the Commissioner, (ii) annual, actual and reasonable costs to maintain and administer the trust, in accordance with rates set from time to time by the Commissioner, (iii) commissions for transferring, converting or selling assets where determined necessary by the Commissioner, (iv) costs of other financial, legal or accounting services required because of the complexity of the arrangements for the assets, and (v) commissions for transferring, converting or selling assets if there are no provisions for a tax deduction under the Income Tax Act ; and (b) in relation to a withdrawal from activities, the costs of removing a public office holder’s name from federal or provincial registries of corporations. Restriction (2) The following administrative costs are not eligible to be reimbursed under subsection (1): (a) charges for the day-to-day operations of a business or commercial entity; (b) charges associated with winding down a business; (c) costs for acquiring permitted assets using proceeds from the required sale of other assets; and (d) any income tax adjustment that may result from the reimbursement of trust costs.
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Post-employ­ment obligations 32 Before a public office holder’s last day in office, the Commissioner shall advise the public office holder of his or her obligations under Part 3.
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Prohibitions after leaving office 33 No former public office holder shall act in such a manner as to take improper advantage of his or her previous public office.
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Previously acting for Crown 34 (1) No former public office holder shall act for or on behalf of any person or organization in connection with any specific proceeding, transaction, negotiation or case to which the Crown is a party and with respect to which the former public office holder had acted for, or provided advice to, the Crown. Improper information (2) No former public office holder shall give advice to his or her client, business associate or employer using information that was obtained in his or her capacity as a public office holder and is not available to the public.