Parliament of Canada Act

This Act may be cited as the Parliament of Canada Act.

Parliament shall not determine or be dissolved by the demise of the Crown and, notwithstanding the demise, shall continue, and may meet, convene and sit, proceed and act, in the same manner as if that demise had not happened.

Nothing in section 2 alters or abridges the power of the Crown to prorogue or dissolve Parliament.

The Senate and the House of Commons, respectively, and the members thereof hold, enjoy and exercise

such and the like privileges, immunities and powers as, at the time of the passing of the Constitution Act, 1867, were held, enjoyed and exercised by the Commons House of Parliament of the United Kingdom and by the members thereof, in so far as is consistent with that Act; and

such privileges, immunities and powers as are defined by Act of the Parliament of Canada, not exceeding those, at the time of the passing of the Act, held, enjoyed and exercised by the Commons House of Parliament of the United Kingdom and by the members thereof.

The privileges, immunities and powers held, enjoyed and exercised in accordance with section 4 are part of the general and public law of Canada and it is not necessary to plead them but they shall, in all courts in Canada, and by and before all judges, be taken notice of judicially.

On any inquiry concerning the privileges, immunities and powers of the Senate and the House of Commons or of any member of either House, any copy of the journals of either House, printed or purported to be printed by order thereof, shall be admitted as evidence of the journals by all courts, justices and others, without proof that the copy was printed by order of either House.

Where any person is a defendant in any civil or criminal proceedings that are commenced or prosecuted in a court in any manner for, on account of or in respect of the publication of any report, paper, votes or proceedings, by that person or the servant of that person, by or under the authority of the Senate or the House of Commons, that person may bring before the court or any judge thereof, after twenty-four hours notice of intention to do so given in accordance with subsection (2), a certificate together with an affidavit verifying the certificate.

given under the hand of the Speaker or the Clerk of the Senate or the House of Commons, and

stating that the report, paper, votes or proceedings were published by that person or servant, by order or under the authority of the Senate or the House of Commons,

The notice of intention referred to in subsection (1) shall be given to the plaintiff or prosecutor in the civil or criminal proceedings or to the attorney or solicitor of the plaintiff or prosecutor.

On the bringing of a certificate before a court or judge in accordance with subsection (1), the court or judge shall immediately stay the civil or criminal proceedings, and those proceedings and every writ or process issued therein shall be deemed to be finally determined and superseded by virtue of this Act.

Where any civil or criminal proceedings are commenced or prosecuted in a court for, on account of or in respect of the publication of any copy of a report, paper, votes or proceedings referred to in subsection 7(1), the defendant, at any stage of the proceedings, may bring before the court, or any judge thereof, the report, paper, votes or proceedings and the copy, together with an affidavit verifying the report, paper, votes or proceedings and the correctness of the copy.

On the bringing before a court or any judge thereof of any report, paper, votes or proceedings and a copy thereof with affidavit in accordance with subsection (1), the court or judge shall immediately stay the civil or criminal proceedings, and those proceedings and every writ or process issued therein shall be deemed to be finally determined and superseded by virtue of this Act.

In any civil or criminal proceedings commenced or prosecuted for printing an extract from or abstract of any report, paper, votes or proceedings referred to in subsection 7(1), the report, paper, votes or proceedings may be given in evidence and it may be shown that the extract or abstract was published in good faith and without malice and, if such is the opinion of the jury, a verdict of not guilty shall be entered for the defendant.

The Senate or the House of Commons may administer an oath to any witness examined at the bar of the Senate or the House.

The Senate or the House of Commons may order witnesses to be examined on oath before any committee.

Any committee of the Senate or the House of Commons may administer an oath to any witness examined before the committee.

Where any witness to be examined under this Part conscientiously objects to take an oath, the witness may make a solemn affirmation and declaration.

Any solemn affirmation and declaration made under subsection (1) has the same force and effect, and entails the same consequences, as an oath taken in the usual form.

Any person examined under this Part who wilfully gives false evidence is liable to such punishment as may be imposed for perjury.

Any oath or solemn affirmation and declaration under this Part may be administered by

the Speaker of the Senate or the House of Commons;

the chairman of any committee of the Senate or the House of Commons; or

such person or persons as may be appointed for that purpose either by the Speaker of the Senate or by the Speaker of the House of Commons or by standing or other order of the Senate or the House.

Every oath and solemn affirmation and declaration under this Part shall be in the Forms 1 and 2 in the schedule.

[Repealed, 2004, c. 7, s. 1]

[Repealed, 2004, c. 7, s. 1]

No member of the Senate shall receive or agree to receive any compensation, directly or indirectly, for services rendered or to be rendered to any person, either by the member or another person,

in relation to any bill, proceeding, contract, claim, controversy, charge, accusation, arrest or other matter before the Senate or the House of Commons or a committee of either House; or

for the purpose of influencing or attempting to influence any member of either House.

Every member of the Senate who contravenes subsection (1) is guilty of an offence and liable to a fine of not less than one thousand dollars and not more than four thousand dollars.

Every person who gives, offers or promises to any member of the Senate any compensation for services described in subsection (1), rendered or to be rendered, is guilty of an indictable offence and liable to imprisonment for a term not exceeding one year and to a fine of not less than five hundred dollars and not more than two thousand dollars.

Whenever the Speaker of the Senate, from illness or other cause, finds it necessary to leave the chair during any part of the sittings of the Senate on any day, the Speaker may call on any senator to take the chair and preside as Speaker during the remainder of that day unless the Speaker resumes the chair before the close of the sittings for that day.

Whenever the Senate is informed of the unavoidable absence of the Speaker thereof by the Clerk at the table, the Senate may choose any senator to preside as Speaker during such absence and that senator thereupon has and shall execute all the powers, privileges and duties of Speaker until the Speaker resumes the chair or another Speaker is appointed by the Governor General.

Every act done by any senator acting pursuant to section 17 or 18 has the same effect and validity as if the act had been done by the Speaker.

In this section and sections 19.2 to 19.9, Committee means the Standing Senate Committee on Internal Economy, Budgets and Administration established by the Senate under its rules.

During a period of prorogation or dissolution of Parliament and until the members of a successor Committee are appointed by the Senate, the Committee continues to exist for the purposes of this Act and, subject to subsection (3), every member of the Committee, while still a senator, remains a member of the Committee as if there had been no prorogation or dissolution.

The Leader of the Government in the Senate or Government Representative in the Senate, or his or her nominee, the Leader of the Opposition in the Senate, or his or her nominee, and the Leader or Facilitator of every other recognized party or parliamentary group in the Senate, or his or her nominee, may, in accordance with the rules of the Senate, change the membership of the Committee from time to time, including during periods of prorogation or dissolution.

In exercising its functions and powers under this Act, the Committee is subject to the rules, direction and control of the Senate.

Where the Chairman of the Committee deems that there is an emergency, the Committee’s Sub-committee on Agenda and Procedure may exercise any power of the Committee under this Act.

The Chairman of the Committee shall report to the Committee any decision made under subsection (5) at the meeting of the Committee immediately following the decision.

In exercising the powers and carrying out the functions conferred upon it pursuant to this Act, the Committee has the capacity of a natural person and may

enter into contracts, memoranda of understanding or other arrangements in the name of the Senate or in the name of the Committee; and

do all such things as are necessary or incidental to the exercising of its powers or the carrying out of its functions.

Where a member of the Committee participates in the exercise of the powers or the carrying out of the functions of the Committee, the member shall not be held personally liable for the actions of the Committee.

Subject to subsection 19.1(4), the Committee may act on all financial and administrative matters respecting

the Senate, its premises, its services and its staff; and

the members of the Senate.

Prior to each fiscal year the Committee shall cause to be prepared an estimate of the sums that will be required to be provided by Parliament for the payment of the charges and expenses of the Senate and of the members thereof during the fiscal year.

The Committee may make regulations

governing the use by senators of funds, goods, services and premises made available to them for the carrying out of their parliamentary functions;

prescribing the terms and conditions of the management of, and accounting for, by senators, of funds referred to in paragraph (a); and

respecting all such things as are necessary or incidental to the exercise of its powers and the carrying out of its functions.

The Chairman of the Committee shall table before the Senate the regulations made under this section on any of the first thirty days after the making thereof.

When the Senate is not sitting, the Chairman of the Committee shall cause the regulations made under this section to be deposited with the Clerk of that House and such regulations shall thereupon be deemed to have been tabled before the Senate.

Subject to subsection (5), regulations made under this section come into force on such day as may be fixed by resolution of the Senate.

Regulations made and tabled under this section during a period of prorogation or dissolution of Parliament have effect without a resolution of the Senate until the end of the thirtieth sitting day of the session of Parliament immediately following the prorogation or dissolution, unless they are earlier rescinded by the Senate.

Regulations made under this section shall be deemed not to be statutory instruments for the purposes of the Statutory Instruments Act.

The Committee has the exclusive authority to determine whether any previous, current or proposed use by a senator of any funds, goods, services or premises made available to that senator for the carrying out of parliamentary functions is or was proper, given the discharge of the parliamentary functions of senators, including whether any such use is or was proper having regard to the intent and purpose of the regulations made under subsection 19.5(1).

Any senator may apply to the Committee for an opinion with respect to any use by that senator of any funds, goods, services or premises referred to in subsection (1).

During any investigation by a peace officer in relation to the use by a senator of funds, goods, services or premises referred to in subsection 19.6(1), the peace officer may apply to the Committee for, or the Committee may, on its own initiative, provide the peace officer with, an opinion concerning the propriety of such use.

Where an opinion is provided to a peace officer pursuant to subsection (1) and where an application for a process is made to a judge, the judge shall be provided with the opinion and shall consider it in determining whether to issue the process.

For the purposes of this section, process means of the Criminal Code.

an authorization to intercept a private communication under section 185,

an order for a special warrant under section 462.32 or 462.321,

an order for a search warrant under section 487,

a restraint order under section 462.33,

the laying of an information under section 504 or 505,

a summons or an arrest warrant under section 507, or

the confirmation of an appearance notice or undertaking under section 508

The issuance of a process referred to in paragraphs (3)(c), (e), (f) and (g) that is based on the use by a senator of any funds, goods, services or premises made available to that senator for the carrying out of parliamentary functions shall be authorized by a judge of a provincial court within the meaning of section 2 of the Criminal Code.

In addition to issuing opinions under section 19.6, the Committee may issue general opinions regarding the proper use of funds, goods, services and premises within the intent and purpose of the regulations made under subsection 19.5(1).

The Committee may include in its opinions any comments that the Committee considers relevant.

Subject to subsection (3), the Committee may publish, in whole or in part, its opinions for the guidance of senators.

Subject to subsection (4), the Committee shall take the necessary measures to assure the privacy of any senator who applies for an opinion and shall notify the senator of its opinion.

For the purposes of subsection 19.7(1), the Committee may, if it considers it appropriate to do so, make any of its opinions, including opinions issued under section 19.6, available to the peace officer.

Credits for all sums voted by Parliament and payable in respect of allowances to members of the Senate as provided in Part IV and in respect of other expenditure for the service of the Senate shall issue from time to time.

Credits referred to in subsection (1) shall issue on one of the banks of Canada in favour of the Clerk of the Senate and the assistant accountant of the Senate, or such other persons as the Speaker of the Senate from time to time designates for the purpose.

The Clerk of the Senate shall, by an order signed by the Clerk, apply for such credits as the Clerk deems necessary.

The Governor in Council shall, by commission under the Great Seal, appoint a Senate Ethics Officer after consultation with the Leader of the Government in the Senate or Government Representative in the Senate, the Leader of the Opposition in the Senate and the Leader or Facilitator of every other recognized party or parliamentary group in the Senate and after approval of the appointment by resolution of the Senate.

The Senate Ethics Officer holds office during good behaviour for a term of seven years and may be removed for cause by the Governor in Council on address of the Senate. He or she may be reappointed for one or more terms of up to seven years each.

In the event of the absence or incapacity of the Senate Ethics Officer, or if that office is vacant, the Governor in Council may appoint any qualified person to hold that office in the interim for a term not exceeding six months, and that person shall, while holding office, be paid the salary or other remuneration and expenses that may be fixed by the Governor in Council.

The Senate Ethics Officer shall be paid the remuneration set by the Governor in Council.

The Senate Ethics Officer is entitled to be paid reasonable travel and living expenses incurred in the performance of his or her duties or functions while absent from his or her ordinary place of residence, in the case of a part-time appointment, and ordinary place of work, in the case of a full-time appointment.

In the case of a part-time appointment, the Senate Ethics Officer may not accept or hold any office or employment — or carry on any activity — inconsistent with his or her duties and functions under this Act.

In the case of a full-time appointment, the Senate Ethics Officer shall engage exclusively in the duties and functions of the Senate Ethics Officer and may not hold any other office under Her Majesty or engage in any other employment for reward.

The Senate Ethics Officer has the rank of a deputy head of a department of the Government of Canada and has the control and management of the office of the Senate Ethics Officer.

The Senate Ethics Officer may, in carrying out the work of the office of the Senate Ethics Officer, enter into contracts, memoranda of understanding or other arrangements.

The Senate Ethics Officer may employ any officers and employees and may engage the services of any agents, advisers and consultants that the Senate Ethics Officer considers necessary for the proper conduct of the work of the office of the Senate Ethics Officer.

The Senate Ethics Officer may, subject to the conditions he or she sets, authorize any person to exercise any powers under subsection (2) or (3) on behalf of the Senate Ethics Officer that he or she may determine.

The salaries of the officers and employees of the office of the Senate Ethics Officer shall be fixed according to the scale provided by law.

The salaries of the officers and employees of the office of the Senate Ethics Officer, and any casual expenses connected with the office, shall be paid out of moneys provided by Parliament for that purpose.

Prior to each fiscal year, the Senate Ethics Officer shall cause to be prepared an estimate of the sums that will be required to pay the charges and expenses of the office of the Senate Ethics Officer during the fiscal year.

The estimate referred to in subsection (7) shall be considered by the Speaker of the Senate and then transmitted to the President of the Treasury Board, who shall lay it before the House of Commons with the estimates of the government for the fiscal year.

The Senate Ethics Officer shall perform the duties and functions assigned by the Senate for governing the conduct of members of the Senate when carrying out the duties and functions of their office as members of the Senate.

The duties and functions of the Senate Ethics Officer are carried out within the institution of the Senate. The Senate Ethics Officer enjoys the privileges and immunities of the Senate and its members when carrying out those duties and functions.

The Senate Ethics Officer shall carry out those duties and functions under the general direction of any committee of the Senate that may be designated or established by the Senate for that purpose.

For greater certainty, the administration of the Conflict of Interest Act in respect of public office holders who are ministers of the Crown, ministers of state or parliamentary secretaries is not part of the duties and functions of the Senate Ethics Officer or the committee.

For greater certainty, this section shall not be interpreted as limiting in any way the powers, privileges, rights and immunities of the Senate or its members.

The Senate Ethics Officer, or any person acting on behalf or under the direction of the Senate Ethics Officer, is not a competent or compellable witness in respect of any matter coming to his or her knowledge as a result of exercising any powers or performing any duties or functions of the Senate Ethics Officer under this Act.

No criminal or civil proceedings lie against the Senate Ethics Officer, or any person acting on behalf or under the direction of the Senate Ethics Officer, for anything done, reported or said in good faith in the exercise or purported exercise of any power, or the performance or purported performance of any duty or function, of the Senate Ethics Officer under this Act.

The protection provided under subsections (1) and (2) does not limit any powers, privileges, rights and immunities that the Senate Ethics Officer may otherwise enjoy.

The Senate Ethics Officer shall, within three months after the end of each fiscal year, submit a report on his or her activities under section 20.5 for that year to the Speaker of the Senate, who shall table the report in the Senate.

The Senate Ethics Officer may not include in the annual report any information that he or she is required to keep confidential.

No person shall be nominated and consent to be nominated so as to be a candidate for election as a member of the House of Commons for more than one electoral district at the same time and, if any person is nominated contrary to this section and consents thereto, all the nominations are void.

No person who, on the day of the nomination at any election to the House of Commons, is a member of the legislature of any province is eligible to be a member of the House of Commons or is capable of being nominated or voted for at that election or of being elected to, or of sitting or voting in, the House of Commons.

If any person declared ineligible by subsection (1) is elected and returned as a member of the House of Commons, the election of that person is void.

If any member of the House of Commons is elected and returned to the legislature of any province and accepts the seat, that member’s election as a member of the House of Commons thereupon becomes void, the seat of that member is vacated and a writ shall issue forthwith for the election of a member to fill the vacancy.

A member of the House of Commons elected to the legislature of any province without the member’s knowledge or consent shall continue to hold a seat in the House of Commons, as if no such election had been made, if the member, without taking a seat in that legislature and within ten days after being notified of the election thereto or, in the event of the member’s absence from the province at the time, within ten days after arriving within the province, resigns the seat in that legislature and notifies the Speaker of the House of Commons of the resignation.

Any person who is, by this Division, declared ineligible to be a member of the House of Commons or incapable of sitting or voting therein and who nevertheless sits or votes in the House shall forfeit the sum of two thousand dollars for each day on which the person so sits or votes.

A sum forfeited under subsection (1) may be recovered by any person who sues for it, by action in any form allowed by law in the province in which the action is brought, in any court having jurisdiction.

Any person holding a seat in the House of Commons may resign the seat

by giving, in that person’s place in the House, notice of intention to resign, in which case the Speaker of the House shall, immediately after entry of that notice by the Clerk of the House on the journals thereof, address a warrant under the hand and seal of the Speaker to the Chief Electoral Officer for the issue of a writ for the election of a new member in the place of that person; or

by addressing and causing to be delivered to the Speaker of the House, either during a session of Parliament or in the interval between two sessions thereof, a declaration of intention to resign made in writing under the hand and seal of that person before two witnesses, in which case the Speaker shall, on receiving the declaration, forthwith address a warrant under the hand and seal of the Speaker to the Chief Electoral Officer for the issue of a writ for the election of a new member in the place of that person.

An entry of the declaration delivered under paragraph (1)(b) shall be thereafter made in the journals of the House of Commons.

If any person holding a seat in the House of Commons wishes to resign the seat in the interval between two sessions of Parliament and if there is then no Speaker of the House, the Speaker is absent from Canada or that person is the Speaker, the person may address and cause to be delivered to any two members of the House a declaration of intention to resign described in section 25.

On receiving the declaration pursuant to subsection (1), the two members shall forthwith address their warrant, under their hands and seals, to the Chief Electoral Officer for the issue of a writ for the election of a new member in the place of the person making that declaration.

Any person holding a seat in the House of Commons who tenders a resignation of the seat in any manner provided in section 25 or 26 is deemed to have vacated the seat and ceases to be a member of the House.

A person holding a seat in the House of Commons shall not tender a resignation of the seat while the election of that person as a member of the House is lawfully contested or until after the expiration of the time during which the election may by law be contested on grounds other than corruption or bribery.

If a vacancy occurs in the House of Commons by reason of the death of a member of the House or the acceptance of an office by a member of the House, or as a result of the contestation of the election of a member of the House under Part 20 of the Canada Elections Act, the Speaker of the House shall, without delay, on being informed of the vacancy by any member of the House in the member’s place or by written notice signed by any two members of the House, or on receipt of the final decision on the contestation of the election, address a warrant of the Speaker to the Chief Electoral Officer for the issue of a writ for the election of a member to fill the vacancy.

If, when a vacancy occurs as described in subsection (1), or at any time thereafter, before the warrant of the Speaker for a writ has issued, there is no Speaker of the House, the Speaker is absent from Canada or the member whose seat is vacated is the Speaker, any two members of the House may address their warrant, under their hands and seals, to the Chief Electoral Officer for the issue of a writ for the election of a member to fill that vacancy.

A warrant may issue to the Chief Electoral Officer for the issue of a writ for the election of a member of the House of Commons to fill any vacancy that, after a general election and before the first session of Parliament thereafter, occurs by reason of the death of, or the acceptance of an office by, any member of the House.

A warrant may be issued to the Chief Electoral Officer for the issue of a writ for the election of a member of the House of Commons to fill any vacancy that is deemed to occur where a report sent under paragraph 318(a) of the Canada Elections Act is received stating that no candidate was declared elected in the electoral district because of the equality of votes.

An election held in the circumstances set out in subsection (1.1) is deemed to be a by-election.

A writ may be issued

in the case of a writ referred to in subsection (1), at any time after the death or acceptance of office by a member; and

in the case of a writ referred to in subsection (1.1), at any time after the receipt of the report referred to in that subsection.

The election to be held under a writ issued pursuant to section 29 does not in any manner affect the rights of any person entitled to contest the election (in this section referred to as the “previous election”), at the general election referred to in subsection 29(1), of the member by reason of whose death or acceptance of office the vacancy occurs.

[Repealed, 2000, c. 9, s. 563]

Where a vacancy occurs in the House of Commons, a writ shall be issued between the 11th day and the 180th day after the receipt by the Chief Electoral Officer of the warrant for the issue of a writ for the election of a member of the House.

Despite subsection (1), no writ for the election of a member of the House shall be issued if the vacancy occurs in the House of Commons less than nine months before the date fixed under subsection 56.1(2) of the Canada Elections Act for the holding of a general election.

This section does not apply where the vacancy in respect of which the warrant has issued occurs within six months of the expiration of the time limited for the duration of the House of Commons.

If Parliament is dissolved after the issue of a writ in accordance with this section, the writ shall thereupon be deemed to have been superseded and withdrawn.

Except as specially provided in this Division, is eligible to be a member of the House of Commons or shall sit or vote therein.

no person accepting or holding any office, commission or employment, permanent or temporary, in the service of the Government of Canada, at the nomination of the Crown or at the nomination of any of the officers of the Government of Canada, to which any salary, fee, wages, allowance, emolument or profit of any kind is attached, and

no sheriff, registrar of deeds, clerk of the peace or county crown attorney in any of the provinces,

Nothing in subsection (1) renders ineligible to be a member of the House of Commons, or disqualifies from sitting or voting therein, any person described in paragraph (a) of that subsection, if it is, by the commission or other instrument of appointment of the person, declared or provided that the person shall hold his office, commission or employment without any salary, fee, wages, allowance, emolument or other profit of any kind attached thereto.

Nothing in this Division renders ineligible to be a member of the House of Commons, or disqualifies from sitting or voting therein, any person by reason only that the person

is a member of Her Majesty’s forces who is on active service as a consequence of war;

is a member of the reserve force of the Canadian Forces who is not on full-time service other than active service as a consequence of war; or

accepts the payment out of public moneys of Canada of travel expenses incurred while on the public business of Canada if the trip was authorized by the Governor in Council, whether the authorization was given before or after the trip.

Nothing in this Division renders ineligible to be a member of the House of Commons, or disqualifies from sitting or voting therein, any member of the Queen’s Privy Council for Canada by reason only that the member if the member is elected while holding that office or position or is, at the date when nominated by the Crown for that office or position, a member of the House of Commons.

holds an office for which a salary is provided in section 4.1 of the Salaries Act and receives that salary, or

is a Minister of State, other than a Minister of State referred to in section 5 of the Salaries Act, or a Minister without Portfolio and receives a salary in respect of that position,

Notwithstanding anything in this Division, a person is not rendered ineligible to be a member of the House of Commons, or disqualified from sitting or voting therein, by reason only that the person accepts or holds the office of Parliamentary Secretary or receives any payment under section 61 or regulations made pursuant to section 66.

Despite anything in this Division, a person is not rendered ineligible to be a member of the House of Commons, or disqualified from sitting or voting in that House, by reason only that the person is a member of the National Security and Intelligence Committee of Parliamentarians.

Notwithstanding anything in this Division, the seat of a member of the House of Commons shall not be vacated by reason only of the acceptance by the member of an office of profit under the Crown if that office is an office the holder of which is capable of being elected to, or sitting or voting in, the House.

[Repealed, 2004, c. 7, s. 3]

If any member of the House of Commons accepts any office or commission that, by virtue of this Division, renders a person incapable of being elected to, or of sitting or voting in, the House of Commons, the seat of the member is vacated and the member’s election becomes void.

[Repealed, 2004, c. 7, s. 3]

[Repealed, 2004, c. 7, s. 3]

[Repealed, 2004, c. 7, s. 3]

[Repealed, 2004, c. 7, s. 3]

[Repealed, 2004, c. 7, s. 3]

No member of the House of Commons shall receive or agree to receive any compensation, directly or indirectly, for services rendered or to be rendered to any person, either by the member or another person,

in relation to any bill, proceeding, contract, claim, controversy, charge, accusation, arrest or other matter before the Senate or the House of Commons or a committee of either House; or

for the purpose of influencing or attempting to influence any member of either House.

Every member of the House of Commons who contravenes subsection (1) is guilty of an offence and liable to a fine of not less than five hundred dollars and not more than two thousand dollars and shall, for five years after conviction of that offence, be disqualified from being a member of the House of Commons and from holding any office in the federal public administration.

Every person who gives, offers or promises to any member of the House of Commons any compensation for services described in subsection (1), rendered or to be rendered, is guilty of an indictable offence and liable to imprisonment for a term not exceeding one year and to a fine of not less than five hundred dollars and not more than two thousand dollars.

No member of the House of Commons may, directly or indirectly, accept any benefit or income from a trust established by reason of his or her position as a member of the House of Commons.

No member of the House of Commons shall take any action that has as its purpose the circumvention of the prohibition referred to in subsection (1).

Every member of the House of Commons who contravenes subsection (1) or (2) is guilty of an offence and liable on summary conviction to a fine of not less than $500 and not more than $2,000.

Every member of the House of Commons shall disclose to the Conflict of Interest and Ethics Commissioner every trust known to the member from which he or she could, currently or in the future, either directly or indirectly, derive a benefit or income.

The disclosure must be made in accordance with the provisions governing the disclosure of private interests in the Conflict of Interest Code for Members of the House of Commons set out in the Standing Orders of the House of Commons.