The Ethics and Conflict of Interest Code for Senators

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.