Ethics and Conflict of Interest Code for Senators

1. The purposes of this Code are to
(a) maintain and enhance public confidence and trust in the integrity of Senators and the Senate;
(b) provide for greater certainty and guidance for Senators when dealing with issues that may present foreseeable real or apparent conflicts of interest; and
(c) establish clear standards and a transparent system by which questions relating to proper conduct may be addressed by an independent, non-partisan adviser.

2. (1) Senators shall give precedence to their parliamentary duties and functions over any other duty or activity, consistent with their summons to the Senate, which commands them to lay aside all difficulties and excuses to perform their parliamentary duties and functions.

2. (2) Given that service in Parliament is a public trust, the Senate recognizes and declares that Senators are expected
(a) to remain members of their communities and regions and to continue their activities in those communities and regions while serving the public interest and those they represent to the best of their abilities;
(b) to fulfil their public duties while upholding the highest standards so as to avoid conflicts of interest and maintain and enhance public confidence and trust in the integrity of each Senator and in the Senate; and
(c) to arrange their private affairs so that foreseeable real or apparent conflicts of interest may be prevented from arising, but if such a conflict does arise, to resolve it in a way that protects the public interest.

2. (3) The Senate further declares that this Code shall be interpreted and administered so that Senators and their families shall be afforded a reasonable expectation of privacy.

3. (1) The following definitions apply in this Code.
Committee means the Committee designated or established under section 35. (Comité)
common-law partner means a person who is cohabiting with a Senator in a conjugal relationship, having so cohabited for at least one year. (conjoint de fait)
harassment and violence has the same meaning as in the Senate Harassment and Violence Prevention Policy, as amended from time to time (harcèlement et violence)
Intersessional Authority on Ethics and Conflict of Interest for Senators means the committee established by section 38. (autorité intersessionnelle)
parliamentary functions has the same meaning in the Senate Administrative Rules. (fonctions parlementaires)
Senate Ethics Officer means the Senate Ethics Officer appointed under section 20.1 of the Parliament of Canada Act. (conseiller sénatorial en éthique)
spouse means a person to whom a Senator is married but does not include a person from whom the Senator is separated where all support obligations and family property have been dealt with by a separation agreement or by a court order. (époux)

3. (2) The following are the family members of a Senator for the purposes of this Code:
(a) a Senator’s spouse or common-law partner; and
(b) a child of a Senator, a child of a Senator’s spouse or common-law partner, or a person whom a Senator treats as a child of the family, who
     (i) has not reached the age of 18 years, or
     (ii) has reached that age but is primarily dependent on a Senator or a Senator’s spouse or common-law partner for financial support.

3. (3) For greater certainty, a Senator who is on leave of absence, suspended or absent due to illness is required to comply with all requirements and obligations under the Code.

4. Senators are encouraged to continue to assist members of the public as long as their actions are consistent with their obligations under this Code.

5. Senators who are not ministers of the Crown may participate in any outside activities, including the following, as long as they are able to comply with the principles of the Code and fulfil their obligations under it:
(a) engaging in employment or in the practice of a profession;
(b) carrying on a business;
(c) being a director or officer in a corporation, association, trade union or not-for-profit organization; and
(d) being a partner in a partnership.

6. Nothing in this Code affects the jurisdiction of the Standing Senate Committee on Internal Economy, Budgets and Administration.

7. Procedural matters referred to in this Code that are expressly provided for in the Rules of the Senate are under the jurisdiction and authority of the Speaker rather than the Senate Ethics Officer.

7.1 (1) A Senator’s conduct shall uphold the highest standards of dignity inherent to the position of Senator.

7.1 (2) A Senator shall refrain from acting in a way that could reflect adversely on the position of Senator or the institution of the Senate.

7.2 A Senator shall perform his or her parliamentary duties and functions with dignity, honour and integrity. 

7.3 A senator shall refrain from engaging in conduct that constitutes harassment and violence.

8. When performing parliamentary duties and functions, a Senator shall not act or attempt to act in any way to further his or her private interests or those of a family member; or to improperly further another person's or entity's private interests. 

9. A Senator shall not use or attempt to use his or her position as a Senator to influence a decision of another person so as to further the Senator's private interests or those of a family member, or to improperly further another person's or entity's private interests. 

10. (1) If, as a result of his or her position, a Senator obtains information that is not generally available to the public, the Senator shall not use or attempt to use the information to further the Senator’s private interests or those of a family member, or to improperly further another person’s or entity’s private interests.

10. (2) A Senator shall not convey or attempt to convey information referred to in subsection (1) to another person if the Senator knows, or reasonably ought to know, that the information may be used to further the Senator’s private interests, or those of a family member, or to improperly further another person’s or entity’s private interests.

11. (1) In sections 8 to 10, furthering private interests of a person or entity, including the Senator’s own private interests, means actions taken by a Senator for the purpose of achieving, directly or indirectly, any of the following:
(a) an increase in, or the preservation of, the value of the person’s or entity’s assets;
(b) the elimination or a reduction in the amount of the person’s or entity’s liabilities;
(c) the acquisition of a financial interest by the person or entity;
(d) an increase in the person’s or entity’s income from a contract, a business or a profession;
(e) an increase in the person’s income from employment;
(f) the person becoming a director or officer in a corporation, association, trade union or not-for-profit organization; or
(g) the person becoming a partner in a partner-ship.

11. (2) A Senator is not considered to further his or her own private interests or the private interests of another person or entity if the matter in question
(a) is of general application;
(b) affects the Senator or the other person or entity as one of a broad class of the public; or
(c) concerns the remuneration or benefits of the Senator as provided under an Act of Parliament or a resolution of the Senate or of a Senate committee.

12. (1) If a Senator has reasonable grounds to believe that he or she, or a family member, has a private interest that might be affected by a matter that is before the Senate or a committee of which the Senator is a member, the Senator shall make a declaration regarding the general nature of the private interest. The declaration can be made orally on the record or in writing to the Clerk of the Senate or the clerk of the committee, as the case may be, but shall be made no later than the first occasion at which the Senator is present during consideration of the matter. The Speaker of the Senate shall cause the declaration to be recorded in the Journals of the Senate and the Chair of the committee shall, subject to subsection (4), cause the declaration to be recorded in the Minutes of Proceedings of the committee.

12. (2) If a Senator becomes aware at a later date of a private interest that should have been declared under subsection (1), the Senator shall make the required declaration forthwith.

12. (3) The Clerk of the Senate or the clerk of the committee, as the case may be, shall send the declaration to the Senate Ethics Officer who, subject to subsection (4) and paragraph 31(1)(j), shall file it with the Senator’s public disclosure summary.

12. (3.1) Subject to subsection (4), the Senate Ethics Officer shall maintain an online and updated compilation of all declarations made over the course of each parliamentary session.

12. (4) In any case in which the declaration was made during an in camera meeting, the Chair of the committee and Senate Ethics Officer shall obtain the consent of the subcommittee on agenda and procedure of the committee concerned to:
     (a) cause the declaration to be recorded in the Minutes of Proceedings of the committee;
     (b) file it with the Senator’s public disclosure summary; or
     (c) include the declaration in the compilation referred to in subsection (3.1).

12. (5) A declaration made in camera that, in compliance with subsection (4), has been neither recorded nor filed with the Senator’s public disclosure summary is only valid in respect of the proceeding during which the declaration was made or the matter that the declaration concerned was discussed, and the Senator shall make a further declaration at the first possible opportunity.

12. (6) In any circumstances other than those in subsection (1) that involve the Senator’s parliamentary duties and functions, a Senator who has reasonable grounds to believe that he or she, or a family member, has a private interest that might be affected shall make an oral declaration regarding the general nature of the private interest at the first opportunity.

12. (7) A Senator may, by declaration made under this section, retract a previous declaration, in which case the Senator may participate in debate or other deliberations and vote on the matter in respect of which the previous declaration was made.

13. (1) A Senator who has made a declaration under section 12 regarding a matter that is before the Senate may not participate in debate or any other deliberations in the Senate with respect to that matter.

13. (2) A Senator who has made a declaration under section 12 regarding a matter that is before a committee of the Senate of which the Senator is a member may not participate in debate or any other deliberations in the committee on the matter, and must withdraw from the committee for the duration of those proceedings, but the Senator need not resign from the committee.

13. (3) A Senator who has reasonable grounds to believe that he or she, or a family member, has a private interest that might be affected by a matter that is before a committee of the Senate of which the Senator is not a member may not participate in debate or any other deliberations in the committee on the matter, and must withdraw from the commit-tee for the duration of those proceedings.

13. (4) A Senator who is required by section 12 to make a declaration but has not yet done so may not participate in debate or any other deliberations on the matter and, in the case of committee proceedings, the Senator must withdraw from the committee for the duration of those proceedings.

14. A Senator who has made a declaration under section 12, or a Senator who is required to make such a declaration but has not yet done so, may not vote on the matter but may abstain.

15. If a Senator reasonably believes that another Senator has failed to make a declaration of a private interest as required by section 12 or has failed to comply with section 13 or 14, the matter may be raised with the Senate Ethics Officer.

16. For the purpose of sections 12 to 14, “private interest” means those interests that can be furthered in subsection 11(1), but does not include the matters listed in subsection 11(2).

17. (1) Neither a Senator, nor a family member, shall accept, directly or indirectly, any gift or other benefit, except compensation authorized by law, that could reasonably be considered to relate to the Senator’s position.

17. (2) A Senator, and a family member, may, however, accept gifts or other benefits received as a normal expression of courtesy or protocol, or within the customary standards of hospitality that normally accompany the Senator’s position.

17. (3) If a gift or other benefit that is accepted under subsection (2) by a Senator or his or her family member exceeds $500 in value, or if the total value of all such gifts or benefits received from one source in a 12-month period exceeds $500, the Senator shall, within 30 days after the gift or benefit is received or after that total value is exceeded, as the case may be, file with the Senate Ethics Officer a statement disclosing the nature and value of the gifts or other benefits, their source and the circumstances under which they were given.

18. (1) Notwithstanding subsection 17(1), a Senator may accept, for the Senator and guests of the Senator, sponsored travel that arises from or relates to the Senator’s position. If the travel costs of a Senator or any guest exceed $500 and are not paid personally by the Senator or the guest, and the travel is not paid through the programs for international and interparliamentary affairs of the Parliament of Canada, by the Senate, the Government of Canada or the Senator’s political party, the Senator shall, within 30 days after the end of the trip, file a statement with the Senate Ethics Officer.

18. (2) The statement shall disclose the name of the person or organization paying for the trip, the destination or destinations, the purpose and length of the trip, whether or not any guest was also sponsored, and the general nature of the benefits received.

18. (3) Any disclosure made in relation to sponsored travel does not need to be disclosed as a gift or other benefit.

19. Gifts, other benefits and sponsored travel accepted in compliance with the requirements of sections 17 and 18 are deemed to have received the consent of the Senate thereto for all purposes.

20. A Senator shall not derive a benefit, directly or indirectly, from a contract, subcontract or other business arrangement with the Government of Canada or any federal agency or body unless the Senate Ethics Officer provides a written opinion that
     (a) due to special circumstances, the contract, subcontract or other business arrangement is in the public interest; or
     (b) the contract, subcontract or other business arrangement is unlikely to affect the Senator’s obligations under this Code.

21. (1) A Senator may own securities in a public corporation that contracts with the Government of Canada or any federal agency or body unless the holdings are so significant that the Senate Ethics Officer provides a written opinion that they are likely to affect the Senator’s obligations under this Code.

21. (2) A contract between a public corporation and the Government of Canada or any federal agency or body that, in the Senate Ethics Officer’s opinion, is in the public interest due to special circumstances, shall not preclude a Senator from holding securities in that public corporation.

21. (3) For the purpose of subsection (1), a public corporation shall not be considered to contract with the Government of Canada or any federal agency or body merely because the corporation participates in a government program that meets the criteria described in section 23.

21. (4) If the Senate Ethics Officer is of the opinion that the Senator’s obligations under this Code are likely to be affected under the circumstances of subsection (1), the Senator may comply with the Code by placing the securities in a trust under such terms as the Senate Ethics Officer considers appropriate.

22. A Senator shall not have an interest in a partnership or in a private corporation that derives a benefit, directly or indirectly from a contract, subcontract, or other business arrangement with the Government of Canada or any federal agency or body unless the Senate Ethics Officer provides a written opinion that
   (a) due to special circumstances, the contract, subcontract or other business arrangement is in the public interest; or
   (b) the contract, subcontract or other business arrangement is unlikely to affect the Senator’s obligations under this Code.

23. (1) For the purposes of sections 20 and 22, participation in a program operated or funded, in whole or in part, by the Government of Canada or any federal agency or body under which a Senator — or a partnership or private corporation in which a Senator has an interest — receives a benefit is not prohibited if:
   (a) the eligibility requirements of the program are met;
   (b) the program is of general application or is available to a broad class of the public;
   (c) there is no preferential treatment with respect to the application; and
   (d) no special benefits are received that are not available to other participants in the program.

23. (2) The Senate Ethics Officer may make public an opinion in relation to subsection (1), as he or she considers appropriate, whether or not a Senator has asked for guidance or an opinion in relation to a particular program. However, if a Senator requests guidance or an opinion in relation to participation in a program that is not prohibited by subsection (1), the Senate Ethics Officer shall make his or her guidance or opinion available but may not provide or include any additional information on what was requested, nor may the Senate Ethics Officer provide any information that could reasonably reveal the identity of the Senator who requested the guidance or opinion.

24. Section 22 does not apply if the Senator has entrusted his or her interest in a partnership or private corporation to one or more trustees on all of the following terms:
(a) the provisions of the trust have been approved by the Senate Ethics Officer;
(b) the trustees are at arm’s length from the Senator and have been approved by the Senate Ethics Officer;
(c) except as provided in paragraph (d), the trustees may not consult with the Senator with respect to managing the trust, but they may consult with the Senate Ethics Officer;
(d) the trustees may consult with the Senator, with the approval of the Senate Ethics Officer and in his or her presence, if an extraordinary event is likely to materially affect the trust property;
(e) in the case of an interest in a corporation, the Senator resigns any position of director or officer in the corporation;
(f) the trustees provide the Senate Ethics Officer annually with a written report setting out the nature of the trust property, the value of that property, the trust’s net income for the preceding year and the trustees’ fees, if any; and
(g) the trustees give the Senator sufficient information to permit the Senator to submit returns as required by the Income Tax Act and give the same information to the appropriate taxation authorities.

25. The rules in sections 20, 21 and 22 do not apply to a contract or other business arrangement that existed before a Senator’s appointment to the Senate, but they do apply to its renewal or extension.

26. The rules in sections 20, 21 and 22 do not apply to an interest acquired by inheritance until the first anniversary date of the transfer of legal and beneficial ownership. In special circumstances, the Senate Ethics Officer may extend this time period.

27. (1) Every Senator shall file, in each calendar year and within 30 days of the anniversary of their summons to the Senate, a confidential statement disclosing the information required by section 28.

27. (2) Within 60 days after being summoned to the Senate, a Senator shall file a confidential statement disclosing the information required by section 28.

27. (3) The Senate Ethics Officer shall submit to the Committee the name of any Senator who has not complied with his or her duty to file a confidential disclosure statement within the period specified under subsections (1) or (2).

27. (4) If the Senate Ethics Officer has reason to believe that a Senator’s confidential disclosure statement contains an error or omission, the Senate Ethics Officer shall notify the Senator concerned and request that the Senator provide the relevant information.

27. (5) Upon receipt of a request under subsection (4), the Senator shall provide the information within 30 days.

27. (6) In addition to any information required to be disclosed under subsection 28(1), a Senator may file with the Senate Ethics Officer a confidential disclosure statement relating to one or more of the Senator’s family members so that the Senator may discuss their interests in relation to the Senator’s obligations under this Code and receive advice in that regard.

27. (7) 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 all disclosure statements confidential.

27. (8) Senators, and in particular newly summoned Senators, who may have questions regarding their confidential disclosure duties should make every effort to meet with the Senate Ethics Officer before submitting their confidential disclosure statement.

27. 1 The Senate Ethics Officer may extend any time period in which an action is to be completed by a Senator under this Code if, in the opinion of the Senate Ethics Officer, circumstances exist that warrant the extension.

28. (1) Subject to subsection (4), regarding excluded matters, and any guidelines published by the Senate Ethics Officer under section 43, the confidential disclosure statement shall list:
(a) any employment, profession or business in which the Senator or the Senator’s spouse or common-law partner participates, including a description of the activities of the Senator, spouse or common-law partner;
(b) any corporations, income trusts and trade unions in which the Senator or the Senator’s spouse or common-law partner is a director or officer, and any partnerships in which the Senator or the Senator’s spouse or common-law partner is a partner, including a description of the activities of each entity;
(c) any associations and not-for-profit organizations in which the Senator or the Senator’s spouse or common-law partner is a director, officer, or patron, including memberships on advisory boards and any honorary positions;
(d) the nature but not the amount of any source of income over $2,000 that the Senator or the Senator’s spouse or common-law partner has received in the preceding 12 months and is likely to receive during the next 12 months; for this purpose,
       (i) a source of income from employment is the employer,
       (ii) a source of income from a contract is a party with whom the contract is made,
       (iii) a source of income arising from a business or profession is that business or profession, and
       (iv) a source of income arising from an investment is that investment;
(e) the source, nature and value of any contracts or other business arrangements with the Government of Canada or a federal agency or body that the Senator has directly, or through a subcontract;
(f) the source, nature and value of any contracts, subcontracts or other business arrangements with the Government of Canada or a federal agency or body that the Senator has by virtue of a partnership or a significant interest in a private corporation that the Senator is able to ascertain by making reasonable inquiries;
(g) the source, nature and value of any contracts or other business arrangements with the Government of Canada or a federal agency or body that a member of the Senator’s family has, directly or through a subcontract, or by virtue of a partnership or a significant interest in a private corporation;
(h) information regarding the nature but not the value of any assets and liabilities of the Senator or the Senator’s spouse or common-law partner over $10,000;
(i) any trust from which the Senator could, currently or in the future, either directly or indirectly, derive an income or other benefit; and
(j) any additional information that the Senator believes to be relevant to this Code.

28. (2) For the purposes of subsection (1), a Senator is only required to disclose such information concerning the affairs of a spouse or common-law partner or other family member as the Senator is able to ascertain by making reasonable inquiries or of which the Senator has knowledge.

28. (3) Where a Senator is required under this section or subsection 31(1) to disclose such information as the Senator is able to ascertain by making reasonable inquiries, the Senator’s disclosure shall be to the best of the Senator’s knowledge, information and belief.

28. (4) For the purpose of subsection (1), a Senator is not required to disclose properties used by the Senator or family members as residences; mortgages or hypothecs on such residences; household goods; personal effects; cash on hand or on deposit with a financial institution; guaranteed investment certificates; financial instruments issued by any Canadian government or agency; a benefit paid under the Old Age Security Act, the Canada Pension Plan, or An Act respecting the Quebec Pension Plan, CQLR, c. R-9; and obligations incurred for living expenses that will be discharged in the ordinary course of the Senator’s affairs.

28. (5) The Senate Ethics Officer may, with the approval of the Committee, establish additional matters not required to be disclosed on the basis that they present no potential to interfere with the obligations of a Senator under this Code.

28. (6) A Senator shall report in writing any material change to the information relating to the confidential disclosure statement to the Senate Ethics Officer within 30 days after the change.

29. (1) After reviewing a Senator’s confidential disclosure statement, the Senate Ethics Officer may request to meet with the Senator to discuss the statement and the Senator’s obligations under this Code.

29. (2) If, pursuant to a request made under subsection (1), the Senate Ethics Officer advises the Senator that the meeting is necessary in order for the Senate Ethics Officer to carry out his or her duties and functions under the Code, the Senator shall meet with the Senate Ethics Officer.

30. (1) The Senate Ethics Officer shall prepare a public disclosure summary based on each Senator’s confidential disclosure statement and submit it to the Senator for review.

30. (2) The Senator shall, within 30 days of receipt of the public disclosure summary, review and return it to the Senate Ethics Officer with either his or her signed approval or proposed changes.

31. (1) The public disclosure summary shall list
(a) any employment, profession and business in which the Senator participates, including a description of the activities of the Senator;
(b) any corporations, income trusts and trade unions in which the Senator is a director or officer and any partnerships in which the Senator is a partner, including a description of the activities of each entity;
(c) any associations and not-for-profit organizations in which the Senator is a director, officer or patron, including memberships on advisory boards and any honorary positions;
(d) the source and nature but not the amount of any income over $2,000 that the Senator has received in the preceding 12 months and is likely to receive in the next 12 months;
(e) the source and nature but not the value of any contracts or other business arrangements with the Government of Canada or a federal agency or body that the Senator has, directly or through a subcontract, including the Senate Ethics Officer’s written opinion authorizing them;
(f) the source and nature but not the value of any contracts, subcontracts or other business arrangements with the Government of Canada or a federal agency or body that the Senator has by virtue of a partnership or a significant interest in a private corporation that the Senator is able to ascertain by making reasonable inquiries, including the Senate Ethics Officer’s written opinion authorizing them;
(g) the source and nature but not the value of any contracts or other business arrangements with the Government of Canada or a federal agency or body that a member of the Senator’s family has, directly or through a subcontract, or by virtue of a partnership or a significant interest in a private corporation, that the Senator is able to ascertain by making reasonable inquiries;
(h) information regarding the nature but not the value of any assets and liabilities of the Senator over $10,000;
(i) any trust from which the Senator could, currently or in the future, either directly or indirectly, derive an income or other benefit;
(j) any declarations of a private interest under section 12, unless the Senator has since retracted the declaration;
(k) any statements filed under sections 17 and 18 in relation to gifts and sponsored travel; and
(l) any statements of material change that pertain to the contents of this summary.

31. (2) The Senate Ethics Officer need not include in the public disclosure summary information that he or she determines should not be disclosed because
(a) the information is not relevant to the purposes of this Code or is inconsequential, or
(b) a departure from the general principle of public disclosure is justified in the circumstances

32. In cases of disagreement between a Senator and the Senate Ethics Officer regarding the contents of the public disclosure summary, the Senate Ethics Officer shall refer the disputed matter to the Committee for decision.

33. (1) Each public disclosure summary is to be placed on file at the office of the Senate Ethics Officer and made available for public inspection.

33. (2) A public disclosure file shall be removed from the public registry at the time that the Senator concerned ceases to be a Senator.

33. (3) Every public disclosure summary available for public inspection under this section shall also be made available online on the website of the Senate Ethics Officer.

34. A Senator shall not take any action that has as its purpose the evasion of the Senator’s obligations under this Code.

35. (1) At the beginning of each session, a Committee of the Senate shall be designated or established for the purposes of this Code.

35. (2) The Committee shall be composed of five members, three of whom shall constitute a quorum.

35. (3) The Committee shall have no ex officio members.

35. (4) Two of the Committee members shall be elected by secret ballot in the caucus of Government Senators at the opening of the session; two of the Committee members shall be elected by secret ballot in the caucus of Opposition Senators at the opening of the session; the fifth member shall be elected by the majority of the other four members after the election of the last of the other four members.

35. (5) The Leader of the Government in the Senate, seconded by the Leader of the Opposition in the Senate, shall present a motion on the full membership of the Committee to the Senate, which motion shall be deemed adopted without any debate or vote.

35. (6) The Chair of the Committee shall be elected by four or more members.

35. (7) A member is deemed removed from the Committee as of the time that
(a) the Senate Ethics Officer informs the Committee that a request for an inquiry made by the Senator is warranted; or
(b) the Senator becomes the subject of an inquiry under the Code.

35. (8) When a vacancy occurs in the membership of the Committee, the replacement member shall be elected by the same method as the former member being replaced.

36. (1) Subject to subsection (2), meetings of the Committee shall be held in camera.

36. (2) Where an inquiry report from the Senate Ethics Officer is being considered, the Committee may hold meetings in public at the request of the Senator who is the subject of the inquiry report.

36. (3) Subject to subsection (4), the Committee may limit attendance at its meetings.

36. (4) The Committee shall give to a Senator who is the subject of an inquiry report from the Senate Ethics Officer notice of all meetings at which the report is being considered, and shall admit the Senator to those meetings, but the Committee may exclude that Senator from those meetings or portions of meetings at which the Committee is considering a draft agenda or a draft report.

36. (5) A member of the Committee who is the subject of a matter being considered by the Committee relating to that specific Senator shall withdraw from the Committee during its deliberations.

37. (1) Subject to subsection 41(2) and to the general jurisdiction of the Senate, the Committee is responsible for all matters relating to this Code, including all forms involving Senators that are used in its administration.

37. (1.1) Despite subsection (1), the Senate Ethics Officer may make non-substantive modifications to a form approved by the committee to
   (a) correct grammatical and typographical errors;
   (b) insert or revise cross-references; and
   (c) improve its readability or formatting.

37. (2) The Committee may, after consultation with the Senate Ethics Officer, give general directives to the Senate Ethics Officer concerning the interpretation, application and administration of the Code, but not concerning its interpretation and application as it relates to an individual Senator’s particular circumstances.

38. During a period of prorogation or dissolution of Parliament and until the members of a successor Committee are appointed by the Senate, there shall be a committee known as the Intersessional Authority on Ethics and Conflict of Interest for Senators.

39. The Intersessional Authority on Ethics and Conflict of Interest for Senators shall be composed of the members of the Committee.

40. (1) The Senate Ethics Officer shall carry out his or her duties and functions under the general direction of the Intersessional Authority on Ethics and Conflict of Interest for Senators.

40. (2) Subject to the rules, direction and control of the Senate and of the Committee, the Intersessional Authority on Ethics and Conflict of Interest for Senators shall carry out such other of the Committee’s duties and functions as the Committee gives to it by resolution.

41. (1) The Senate Ethics Officer is an independent officer who performs the duties and functions assigned by the Senate under this Code.

41. (2) The Senate Ethics Officer shall carry out his or her duties and functions under the general direction of the Committee, but is independent in interpreting and applying this Code as it relates to an individual Senator’s particular circumstances.

42. (1) In response to a request in writing from a Senator on any matter respecting the Senator’s obligations under this Code, the Senate Ethics Officer shall provide the Senator with a written opinion containing any recommendations that the Senate Ethics Officer considers appropriate.

42. (2) An opinion given by the Senate Ethics Officer to a Senator is binding on the Senate Ethics Officer in relation to any subsequent consideration of the subject matter of the opinion as long as all the relevant facts that were known to the Senator were disclosed to the Senate Ethics Officer.

42. (3) Any written advice given by the Senate Ethics Officer to a Senator on any matter relating to this Code is binding on the Senate Ethics Officer in relation to any subsequent consideration of the subject matter of the advice as long as all the relevant facts that were known to the Senator were disclosed to the Senate Ethics Officer.

42. (4) A written opinion or advice is confidential and may be made public only by the Senator or with his or her written consent.

42. (4.1) If a written opinion or advice is made public by a Senator in a way that the Senate Ethics Office considers to be misleading, the Senate Ethics Officer may provide information to the public to correct any misunderstanding, including by releasing any relevant portions of the opinion or advice provided to the Senator, but only to the extent necessary to respond to any misleading information.

42. (5) A written opinion or advice given by the Senate Ethics Officer to a Senator under this section and relied upon by that Senator is conclusive proof that the Senator has fully complied with the Senator’s obligations under this Code, as long as all the relevant facts that were known to the Senator were disclosed to the Senate Ethics Officer.

42. (6) Nothing in this section prevents the Senate Ethics Officer, subject to the approval of the Committee, from publishing opinions and advice for the guidance of Senators, provided that no details are included that could identify a Senator.

43. Subject to the approval of the Committee, the Senate Ethics Officer may publish guidelines for the assistance of Senators on any matter concerning the interpretation of this Code that the Senate Ethics Officer considers advisable.

44. (1) A breach of the Code by any one Senator affects all Senators and the ability of the Senate to carry out its functions, and may lead the Senate to impose sanctions or order remedial measures.

44. (2) To further compliance, the Code provides for a five-step enforcement process:
(a) statements of compliance from Senators;
(b) preliminary review by the Senate Ethics Officer;
(c) inquiry by the Senate Ethics Officer;
(d) Committee study; and
(e) Senate decision.

44. (3) Senators shall respect in all particulars the enforcement process established by the Code.

45. (1) Every Senator shall file annually, on or before the date applicable to the Senator as established by the Senate Ethics Officer under subsection (2), a written statement of compliance confirming that he or she has read the Code within the last 30 days and
(a) confirming that he or she is, to the best of his or her knowledge and belief, in compliance with the Code as of the day the statement is filed; or
(b) providing details of his or her non-compliance.

45. (2) The date or dates on or before which the annual statements of compliance are required to be filed shall be established by the Senate Ethics Officer following approval by the Committee.

45. (3) Each statement of compliance is to be placed on file at the office of the Senate Ethics Officer and made available for public inspection.

45. (4) A statement of compliance shall be removed from the public registry at the time the Senator concerned ceases to be a Senator.

45. (5) Every statement of compliance available for public inspection under this section shall also be made available online on the website of the Senate Ethics Officer.

46. Nothing in this Code prevents the Senate Ethics Officer from asking for further information or clarification from a Senator on a matter that relates to the Senator’s obligations under the Code.

47. (1) A preliminary review is conducted to decide if an inquiry is warranted to determine whether a Senator has not complied with his or her obligations under the Code.

47. (2) The Senate Ethics Officer shall conduct a preliminary review if he or she:
(a) has reasonable grounds to believe a Senator has not complied with his or her obligations under the Code; or
(b) receives a request to conduct an inquiry from a Senator who has reasonable grounds to believe another Senator has not complied with his or her obligations under the Code.

47. (3) A request for an inquiry under paragraph (2)(b) shall be in writing and shall be signed by the initiating Senator, and it shall identify the alleged non-compliance and the reasonable grounds for the belief that the Code has not been complied with.

47. (4) The Senate Ethics Officer shall notify a Senator who is to be the subject of a preliminary review and shall provide the Senator with the following:
(a) in the case of a review initiated by the Senate Ethics Officer under paragraph (2)(a), a written notice stating the reasonable grounds for the belief that the Senator has not complied with the Code and identifying the obligations under the Code that would not have been complied with; or
(b) in the case of a review following a request for an inquiry received from a Senator under paragraph (2)(b), a copy of the request received from the initiating Senator.

47. (5) The Senate Ethics Officer shall conduct a preliminary review confidentially and as promptly as circumstances permit.

47. (6) Any person participating in the preliminary review process is expected to respect its confidential nature and to cooperate with the Senate Ethics Officer.

47. (7) The Senate Ethics Officer shall afford the Senator who is the subject of a preliminary review an opportunity to respond within 15 days following the day on which the Senator is notified pursuant to subsection (4).

47. (8) The period provided under subsection (7) may be extended by the Senate Ethics Officer if the circumstances so warrant.

47. (9) Reasonable grounds to believe a Senator has not complied with his or her obligations under the Code may be based on an unsubstantiated oral or written statement for the purpose of initiating a preliminary review, but such a statement is not adequate proof of an alleged fact for the purpose of making a finding in a preliminary review.

47. (10) Following a preliminary review, the Senate Ethics Officer shall write a letter to the Senator who was the subject of the review, informing the Senator of his or her reasoned decision as to whether or not an inquiry is warranted.

47. (11) In the preliminary determination letter, the Senate Ethics Officer may make one of the following findings regarding reasonable grounds:
(a) that there are no reasonable grounds for concern that the Senator has breached his or her obligations under the Code;
(b) that there are insufficient reasonable grounds for concern that the Senator has breached his or her obligations under the Code; or
(c) that there are sufficient reasonable grounds for concern that the Senator may have breached his or her obligations under the Code.

47. (12) In the preliminary determination letter, the Senate Ethics Officer may make one or more of the following findings regarding a possible breach of the Code:
(a) that an obligation under the Code may have been breached but that the non-compliance was trivial;
(b) that an obligation under the Code may have been breached but that the non-compliance occurred through inadvertence or an error in judgment made in good faith;
(c) that an obligation under the Code may have been breached but that all reasonable measures were taken to prevent the non-compliance; and
(d) that an obligation under the Code may have been breached, but that the situation has been addressed and remedied to the satisfaction of the Senate Ethics Officer or the Senator has undertaken to address and remedy the situation to the satisfaction of the Senate Ethics Officer.

47. (13) In the preliminary determination letter, the Senate Ethics Officer may make a finding that the request for an inquiry was frivolous or vexatious or was not made in good faith, in which case he or she shall also determine whether an inquiry is warranted into the conduct of the Senator who made the request.

47. (14) The Senate Ethics Officer shall first deliver his or her preliminary determination letter, on a confidential basis, to the Senator who was the subject of the preliminary review.

 47. (15) In the case of a review initiated following the request of a Senator under paragraph (2)(b), the Senate Ethics Officer shall also deliver a copy of the preliminary determination letter, on a confidential basis, to the initiating Senator.

47. (16) Unless the matter has remained confidential, the Senate Ethics Officer shall also provide a copy of his or her preliminary determination letter, on a confidential basis, to the Committee when he or she has determined that an inquiry is not warranted.

47. (17) The Chair of the Committee shall cause a true copy of the preliminary determination letter received by the Committee under subsection (16) to be tabled in the Senate at the first possible opportunity; if the Senate is not sitting on the day on which the Committee receives the letter, or if Parliament is dissolved or prorogued, the Chair shall also cause a paper or electronic copy of the letter to be deposited with the Clerk of the Senate at the first opportunity.

47. (18) A copy of a preliminary determination letter deposited with the Clerk of the Senate pursuant to subsection (17) is a public document.

47. (19) The Committee may ask the Senate Ethics Officer at any time whether a preliminary review about a particular Senator and matter is being or has been conducted, and the Senate Ethics Officer shall respond but shall not provide the Committee with any further information.

47. (20) A preliminary review in respect of a Senator who ceases to be a Senator is permanently suspended unless the Committee decides otherwise.

47. (21) For the purpose of subsection (20), when a matter has remained confidential, the Senate Ethics Officer shall inform the Committee of the preliminary review and of its status.

47. (22) The Committee shall consider any representations from the former Senator, from any Senator who initiated the review and from the Senate Ethics Officer before making its decision under subsection (20).

48. (1) An inquiry follows a preliminary review and is conducted to determine if a Senator has breached his or her obligations under the Code.

48. (2) The Senate Ethics Officer shall conduct an inquiry in either of the following circumstances:
(a) where the Senate Ethics Officer determines that an inquiry is warranted after conducting the preliminary review; or
(b) where the Senator who was the subject of a preliminary review requests that the Senate Ethics Officer conduct the inquiry because the Senate Ethics Officer has made a finding that an obligation under the Code may have been breached, but he or she has also determined that an inquiry is not warranted.

48. (3) A request under paragraph (2)(b) shall be made within seven days following the day on which the preliminary determination letter is delivered under subsection 47(14).

48. (4) In carrying out an inquiry, the Senate Ethics Officer has the power to send for persons, papers, and records, which powers may be enforced by the Senate acting on the recommendation of the Committee following a request from the Senate Ethics Officer.

48. (5) The Senate Ethics Officer shall notify a Senator who is to be the subject of an inquiry when the inquiry will take place.

48. (6) The Senate Ethics Officer shall conduct an inquiry confidentially and as promptly as circumstances permit.

48. (7) Senators shall cooperate without delay with the Senate Ethics Officer in respect of any inquiry.

48. (8) Any person participating in the inquiry process is expected to respect its confidential nature and to cooperate with the Senate Ethics Officer.

48. (9) The Senate Ethics Officer shall give the Senator who is the subject of an inquiry information concerning relevant facts, access to relevant documentation, such opportunity as the Senate Ethics Officer considers reasonable to make representations, whether in writing or in person, and such opportunity to be present in person, accompanied or alone, at other stages in the process, as the Senate Ethics Officer considers appropriate.

48. (10) A counsel or other adviser who accompanies a Senator pursuant to subsection (9) may advise the Senator confidentially, but may only make representations on behalf of the Senator to the extent authorized by the Senate Ethics Officer.

48. (11) The determination that a Senator has breached his or her obligations under the Code shall be made on the balance of probabilities.

48. (12) Following an inquiry, the Senate Ethics Officer shall make a report in writing, with findings, reasons, recommendations and any supporting documentation that he or she determines essential; the Senate Ethics Officer may include in the report any recommendations arising from the matter that concern the Code and its interpretation.

48. (13) If the Senate Ethics Officer concludes that a Senator has not complied with his or her obligations under the Code but has taken all reasonable measures to prevent the non-compliance, or that the non-compliance was trivial or occurred through inadvertence or an error in judgment made in good faith, the Senate Ethics Officer shall so state in the report and may recommend that no sanction be imposed.

48. (14) Where the Senate Ethics Officer makes a finding that the Senator breached his or her obligations under the Code, the Senate Ethics Officer shall also indicate whether remedial measures to the satisfaction of the Senate Ethics Officer have been agreed to by the Senator, whether the Senator did not agree to remedial measures that would have been to the satisfaction of the Senate Ethics Officer and what those measures were, or whether remedial measures were either not necessary or not available.

48. (15) The Senate Ethics Officer shall first deliver his or her inquiry report, on a confidential basis, to the Senator who was the subject of the inquiry.

48. (16) In the case of an inquiry initiated following the request of a Senator under paragraph 47(2)(b), the Senate Ethics Officer shall also deliver a copy of his or her inquiry report, on a confidential basis, to the initiating Senator.

48. (17) The Senate Ethics Officer shall also provide a copy of his or her report, on a confidential basis, to the Committee.

48. (18) The Chair of the Committee shall cause a true copy of the report received by the Committee under subsection (17) to be tabled in the Senate at the first possible opportunity; if the Senate is not sitting on the day on which the Committee receives the report, or if Parliament is dissolved or prorogued, the Chair shall also cause a paper or electronic copy of the report to be deposited with the Clerk of the Senate at the first opportunity.

48. (19) A copy of the report deposited with the Clerk of the Senate pursuant to subsection (18) is a public document.

48. (20) The Committee may ask the Senate Ethics Officer at any time when an inquiry about a particular Senator is likely to be completed, and the Senate Ethics Officer shall respond but shall not provide the Committee with any further information.

48. (21) An inquiry in respect of a Senator who ceases to be a Senator is permanently suspended unless the Committee decides otherwise.

48. (22) The Committee shall consider any representations from the former Senator, from any Senator who initiated the inquiry and from the Senate Ethics Officer before making its decision under subsection (21).

49. (1) The Committee shall take into consideration an inquiry report from the Senate Ethics Officer as promptly as circumstances permit.

49. (2) When considering an inquiry report for the purpose of determining the appropriate remedial measures or sanctions, the Committee shall afford a Senator who is the subject of a report the opportunity to be heard by the Committee.

49. (3) For greater certainty, the Committee has, in considering a report, all of the powers of a standing Senate committee.

49. (4) Where the Senate Ethics Officer has determined that the Senator has breached his or her obligations under the Code, the Committee shall recommend, in a report to the Senate, the appropriate remedial measures or sanctions taking into account section 31 of the Constitution Act, 1867. The recommendations available to the Committee include, but are not limited to, the following:
(a) the return of any gift or other benefit;
(b) any remedial measure;
(c) the reduction or removal of access to Senate resources;
(d) the removal of assignments, duties or powers conferred by the Senate;
(e) a limitation on the right to speak or vote;
(f) an invitation or order to apologize;
(g) a censure, admonition or reprimand; or
(h) a suspension.

49. (5) Consideration of an inquiry report in respect of a Senator who ceases to be a Senator is permanently suspended unless the Committee decides otherwise.

49. (6) The Committee shall consider any representations from the former Senator, from any Senator who initiated the inquiry and from the Senate Ethics Officer before making its decision under subsection (5).

50. An inquiry report of the Senate Ethics Officer is tabled in the Senate for information only, and no motion shall be moved in the Senate for its adoption.

51. (1) Despite any other provision of the Code, a Senator who is the subject of a Committee report may speak to any motion related to it.

51. (2) The Senator who is the subject of a Committee report may exercise the right of final reply.

51. (3) Where a motion is to adopt a Committee report concerning a former Senator, the former Senator shall be invited to speak to the report as a witness in Committee of the Whole before disposition of the motion.

51. (4) The Senate may refer a Committee report back to the Committee for further consideration.

51. (5) For greater certainty, a Senator who is the subject of a Committee report may not vote on any motion related to it.

52. (1) When the matter under review or inquiry by the Senate Ethics Officer or study by the Committee is a matter in respect of which an investigation is being conducted by proper authorities to determine if an offence under an Act of Parliament or of the legislature of a province or territory has been committed, the review, inquiry or study may be suspended by the Senate Ethics Officer or the Committee, as the case may be, if:
(a) the Senate Ethics Officer or the Committee, as the case may be, believes that the review, inquiry or study could prejudice the investigation of the matter by the proper authorities; or
(b) the proper authorities request, in writing, that the review, inquiry or study be suspended.

52. (2) The Senate Ethics Officer shall suspend a preliminary review or an inquiry and the Committee shall suspend its study if the matter under review, inquiry or study is a matter in respect of which charges have been laid against the Senator under an Act of Parliament or of the legislature of a province or territory.

52. (3) The preliminary review, inquiry or study suspended pursuant to subsection (1) may be resumed at any time by the Senate Ethics Officer or the Committee unless charges have been laid in respect of the matter under review, inquiry or study.

52. (4) A suspended procedure in respect of which charges have been laid against the Senator shall be resumed after the final disposition of the charges.

52. (5) The Senate Ethics Officer or the Committee shall notify the proper authorities when there are reasonable grounds to believe the Senator may have committed an offence under an Act of Parliament or of the legislature of a province or territory.

53 (1) The following definitions apply in sections 53 to 61.

investigation report means the report of an investigator under the policy. (rapport d'enquête)
policy means the Senate Harassment and Violence Prevention Policy, as amended from time to time. (politique)
respondent senator means a senator who is the responding party in an investigation report. (sénateur intimé)

(2) In relation to conduct that may constitute harassment and violence, sections 53 to 61 prevail over any other provisions of the Code to the extent of any inconsistency between them.

54 (1) If the Senate Ethics Officer is of the opinion that conduct may be addressed under the policy, the Senate Ethics Officer

(a) shall, despite sections 47 and 48, conduct neither a preliminary review nor an inquiry in respect of that conduct; and
(b) shall inform a person who feels they are a victim of or witnessed harassment and violence that recourse may be available under the policy.

(2) Section 7.3 and sections 55 to 61 apply only if the Senate Ethics Officer has received a final investigation report from the designated recipient within the meaning of the policy. In respect of any other investigation report that they receive in any other circumstance, the Senate Ethics Officer may conduct a preliminary review and inquiry in accordance with sections 47 and 48 but may not disclose to the Committee or any person either

(a) the existence or contents of an investigation report, except to the extent necessary to communicate with a senator who is the subject of a preliminary review or inquiry regarding conduct that may contravene the Code; or
(b) information that could identify individuals as participating in a resolution process under the policy.

55 (1) Upon receipt of an investigation report, the Senate Ethics Officer shall provide it to the Committee at the first possible opportunity and on a confidential basis. The Senate Ethics Officer shall, despite sections 47 and 48, conduct neither a preliminary review nor an inquiry in respect of any conduct therein that may constitute harassment and violence.

(2) For greater certainty, the investigation report is not a public document and shall not be tabled in the Senate upon its receipt by the Committee.

56 (1) If the report discloses to the Senate Ethics Officer information in respect of conduct that is not harassment and violence, the Senate Ethics Officer may proceed to conduct a preliminary review and inquiry under sections 47 and 48. However, after providing the report to the Committee, the Senate Ethics Officer may not disclose to any person either

(a) the existence or contents of an investigation report, except to the extent necessary to communicate with a senator who is the subject of a preliminary review or inquiry regarding conduct that may contravene the Code; or
(b) information contained in the investigation report in respect of conduct that may constitute harassment and violence.

(2) The Senate Ethics Officer shall not conduct any additional investigation in any circumstance in respect of conduct in an investigation report that may constitute harassment and violence.

57 (1) The Committee shall consider an investigation report as promptly as circumstances permit and may, if it considers doing so to be appropriate in the circumstances,

(a) direct the Senate Ethics Officer to provide to the Committee, on a confidential basis and without consulting any person mentioned in the investigation report, recommendations on any of the following:

 (i) remedial or corrective measures, and
 (ii) disciplinary measures; and

(b) request that a person who participated in the resolution process under the policy that resulted in the investigation report appear before the Committee or provide written submissions if the Committee is of the opinion that

  (i) exceptional circumstances require hearing from that person, and
  (ii) measures are in place to minimize the further victimization of any person who may have experienced harassment and violence.

(2) For greater certainty,

(a) a recommendation of the Senate Ethics Officer under paragraph 1(a) is in relation to the senator’s breach of section 7.3; and
(b) a finding in an investigation report that a senator engaged in harassment and violence is deemed to be a breach of section 7.3.

58 Upon conclusion of its consideration of an investigation report, the Committee may

(a) recommend to the Senate disciplinary or other measures in respect of a respondent senator; and
(b) refer the matter confidentially to the Standing Committee on Internal Economy, Budgets and Administration — or its subcommittee designated for purposes of the policy — for the purpose of considering or implementing remedial or corrective measures.

59 (1) The Committee shall not table an investigation report or a recommendation from the Senate Ethics Officer in the Senate but may, subject to subsection (2), append these documents to or cite from them in a Committee report to the Senate that contains a recommendation for a disciplinary or other measure.

(2) In any Committee report under this section, the Committee shall redact all information that could identify a person who has experienced harassment and violence unless that person has authorized the Committee, through written consent, to dispense with redacting the information that could identify them.

60 (1) Despite subsection 52(1), the Senate Ethics Officer shall not suspend the completion of an obligation under subsection 55(1) or paragraph 57(1)(a).

(2) For greater certainty, subsection 52(5) applies in respect of conduct disclosed in an investigation report.

61 For greater certainty, an obligation of the Committee or the Senate Ethics Officer under sections 54 to 60 applies even if the respondent senator ceases to serve as a senator.

62. The Senate Ethics Officer may inform the public about the mandate, procedures and processes of the Office, about public decisions of the Office and about the Code, but shall not discuss the particular circumstances of an individual Senator except as expressly authorized by either a provision of the Code or the Committee.

63. Where a matter is of public interest, the Senate Ethics Officer may inform the public whether or not the matter is under preliminary review or inquiry or has already been reviewed, inquired into and reported on or tabled in the Senate or with the Clerk, but shall not provide any further information; when to inform the public is a matter of discretion for the Senate Ethics Officer, to be exercised on a case-by-case basis.

64. Every preliminary determination letter, inquiry report, Committee report and decision of the Senate on any such Committee report shall be made available online at the website of the Senate Ethics Officer after it is made public by being tabled in or presented to the Senate or deposited with the Clerk of the Senate.

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.

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.

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.

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

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

68. The Committee shall undertake a comprehensive review of this Code and its provisions and operation once every five years, and shall submit a report to the Senate thereon, including a statement of any changes the Committee recommends.