As a public office holder, you and your family members may be offered gifts or other advantages by a variety of people and in a range of situations.
Whether or not you can accept them is governed by the Conflict of Interest Act. In this video, I will explain how to determine whether a gift is acceptable under the Act.
WHAT IS CONSIDERED A GIFT?
Gifts can be tangible or intangible.
For example:
- Money, if there is no obligation or expectation to repay it.
- Invitations, a service, a property, or the use of a property without charge or for less than commercial value. Examples are meals, event tickets, haircuts, flowers, wine and club memberships.
HOW TO DETERMINE IF A GIFT IS ACCEPTABLE (THE REASONABLE PERSON TEST)
You and your family members cannot accept gifts that might reasonably be seen—by a reasonable person— to have been given to influence you.
Ask yourself: could a reasonable person think that the gift was given to influence you?
Consider how that reasonable person would view who is offering the gift and why it is being offered.
WHAT GIFTS ARE ACCEPTABLE? (EXCEPTIONS TO THE GIFT RULE)
Gifts that are permitted under the Canada Elections Act. This exception applies to ministers, ministers of state or parliamentary secretaries.
For example, political contributions.
Gifts from a relative or friend.
These are typically offered in a personal setting and on a personal occasion, such as a birthday, wedding, anniversary or retirement.
Courtesy or protocol gifts:
- These include promotional items given to all convention attendees, such as keychains, pens and t-shirts.
- These include gifts presented by visiting dignitaries, such as foreign delegations.
MORE INFORMATION
Consult our website for more information.
If you have any doubts about a gift that is being offered to you, consult your advisor in our Office.