Parliament of Canada Act (R.S.C., 1985, c. P-1)

Act current to 2014-04-02 and last amended on 2013-12-12. Previous Versions

Marginal note:Prohibition — accepting benefits from trusts relating to position
  •  (1) No member of the House of Commons may, directly or indirectly, accept any benefit or income from a trust established by reason of his or her position as a member of the House of Commons.

  • Marginal note:Anti-avoidance

    (2) No member of the House of Commons shall take any action that has as its purpose the circumvention of the prohibition referred to in subsection (1).

  • Marginal note:Offence and punishment

    (3) Every member of the House of Commons 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.

  • 2006, c. 9, s. 99.
Marginal note:Obligation to disclose trusts
  •  (1) Every member of the House of Commons shall disclose to the Conflict of Interest and Ethics Commissioner every trust known to the member from which he or she could, currently or in the future, either directly or indirectly, derive a benefit or income.

  • Marginal note:Manner of disclosure

    (2) The disclosure must be made in accordance with the provisions governing the disclosure of private interests in the Conflict of Interest Code for Members of the House of Commons set out in the Standing Orders of the House of Commons.

  • Marginal note:Non-application of section 126 of the Criminal Code

    (3) Section 126 of the Criminal Code does not apply in respect of a contravention of subsection (1).

  • 2006, c. 9, s. 99.
Marginal note:Commis­sioner’s orders
  •  (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.

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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.