The Ethics and Conflict of Interest Code for Senators

Privacy to be minimally impaired

65. In interpreting and administering this Code, reasonable expectations of privacy shall be impaired as minimally as possible.


66. (1) All information relating to the private interests of Senators and those of their family members received pursuant to this Code or created under it is to be kept confidential, except in accordance with this Code or as otherwise ordered by the Senate.


66. (2) For greater certainty, the requirement set out in subsection (1) applies to documents and information received in the course of an inquiry that the Senate Ethics Officer has suspended in accordance with section 52, and to documents and information retained by the Senate Ethics Officer pursuant to section 67.


66. (3) The Senate Ethics Officer and all officers, employees, agents, advisers and consultants that may be employed or engaged by the Senate Ethics Officer shall keep confidential all matters required to be kept confidential under this Code. Failure to do so shall constitute behaviour sufficient to justify either or both of the following:
(a) a resolution by the Senate under subsection 20.2(1) of the Parliament of Canada Act requesting the Governor in Council to remove the Senate Ethics Officer from office; or
(b) dismissal of any officers, employees, agents, advisers or consultants involved.

Retention of documents

67. (1) The Senate Ethics Officer shall retain all documents relating to a Senator for a period of 12 months after he or she ceases to be a Senator, after which, subject to subsections (2) to (4), the documents shall be destroyed.

Ongoing proceedings 

67. (2) Where, at the time that a Senator ceases to be a Senator, there is an investigation or inquiry in progress concerning the Senator or a charge has been laid against the Senator, the destruction of documents that relate to the matter shall be postponed until 12 months after the day of the final disposition of all related proceedings.

Return of confidential documents

67. (3) At a Senator’s request, confidential documents relating to a Senator may be returned to the Senator instead of being destroyed.

Archiving of public documents

67. (4) Public documents relating to a Senator shall be forwarded to the Senate archives.