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Transcript - Gifts

​ ​Gifts - Part I​

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 promotio​nal 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 INFORMATIO​N

​Consult our website for mo​re​ information. 

If you have any doubts about a gift that is being offered to you, consult your advisor in our Office.​

G​if​ts - Pa​​​​​rt II​

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 what makes a gift unacceptable under the Act.

WHAT IS AN UNACCEPTABLE GIFT​?

Simply put, a gift is unacceptable if it does not pass the reasonable person test: i.e., could a reasonable person think that the gift was given to influence you in the exercise of an official power, duty or function?

For example, you cannot accept:

  • a gift from someone who is reg​istered to lobby you or your office

  • a gift from someone whose inte​rests could be affected by a decision you may have to make

  • a gift from someone who has had or may have dealings with your office

  • a gift from someone affected by ​programs, policies or regulations controlled by your office

WHAT SHOULD YOU DO WHEN YOU​​​ ARE OFFERED AN UNACCEPTABLE GIFT?

You must refuse it.

You may not accept an unacceptable gift indirectly, either. This means nobody else, including your staff, may accept it on your behalf.

If you have already accepted an unacceptable gift, you should return it immediately.

You cannot give the unacceptable gift to someone else, redirect or donate it.

MORE INFORMATION

Consult our website for more informa​tion. 

If you have any doubts about a gift that is being offered to you, consult your advisor in our Office.​

​Gifts - P​a​rt III​

​As a public office holder, you and your family members are allowed to accept some gifts under the Conflict of Interest Act. In most cases, the Act requires you to disclose those gifts. 

In this video, I will discuss when you must disclose an acceptable gift to our Office and how to do so.

W​​HEN AN ACCEPTABLE GIFT MUST BE DISCLOSED

If you or a member of your family receives an acceptable gift valued at $200 or more, you must disclose it to our Office within 30 days.

If you receive from the same source a series of acceptable gifts in a 12-month period, you must disclose them to our Office within 30 days after their combined value reaches  $200.

A gift is deemed to have been accepted when there is actual physical transmission of the object.

For example, when your staff member accepts a gift on your behalf.

Also, the value of the gift is based on the gift's fair market value in Canada. That is the amount you would have to pay in Canada to purchase a similar gift.

HOW TO DISCLOSE AN ACCEPTED GIFT

To make a disclosure, you can either:

  • C​ontact your advisor in our Office

  • O​r, do it electronically using our secure Declaration Portal

Info​rmation about the nature of the gifts, their source and the circumstances under which they were given is then made public on the searchable public registry through our website.

FOR​​FEITURE

Please note that if you've received an acceptable gift valued at $1,000 or more, you must forfeit it unless I determine otherwise.

Your department is responsible for deciding what happens to forfeited gifts.

MORE INFORMATION

Consult our website for more information. 

If you have any questions about disclosing a gift that you have accepted, consult your advisor in our Office.


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