ARCHIVED - Guidelines for Ministers' Offices (2005-09) - Archived

The Treasury Board Hospitality Policy can be found at http://www.tbs-sct.gc.ca/pol/doc-eng.aspx?id=12190. While events that a Minister or a Minister of State hosts personally are exempt from the policy, the guidelines set out in the hospitality policy are appropriate to hospitality extended on behalf of the government. These guidelines list the appropriate occasions, the various forms of hospitality, and the types of facilities, which should preferably be government owned, but which must never be commercial facilities that indulge in discrimination practices.

Because it might seem that Ministers and Ministers of State benefit personally from hospitality functions, they should be aware that high standards are expected of them. They should avoid giving the slightest impression of using public funds and facilities for anything other than purely official purposes.

When seeking reimbursement of hospitality expenditures, Ministers and Ministers of State must make a statement that includes the following sentence:

"I certify that the foregoing expenditures have been incurred by me on official business in (month) (year)."

(Signed) Minister's signature

This certification is pursuant to section 34 of the Financial Administration Act.

In the interest of transparency and accountability, since January 1, 2004, Ministers and Ministers of State are required to post on their Departmental web-site all hospitality expenses. All hospitality expenses will be posted on a quarterly basis within 30 days following the last day of the quarter. The expenses posted on the web-site must include the following information:

• The total amount of hospitality incurred; and
• The establishment / restaurant where the hospitality occurred.

All Parliamentary Secretaries and exempt staff of Ministers and Ministers of State will also be required to post all hospitality expenses on the Departmental web-site (see section 8.3.2)

Ministers and Ministers of State should maintain complete records of each hospitality occasion so that they can respond to any questions that may later arise.

There may be instances when a Minister or a Minister of State requires a Parliamentary Secretary or staff member to extend hospitality on behalf of the Minister, Minister of State or the department. Such hospitality may be necessary because it will economically facilitate the business of the department or agency or because it is considered essential as a matter of courtesy or protocol. In these instances, such hospitality shall be extended in accordance with the Treasury Board Policy on Hospitality and all the requirements for documentation shall be met. Claims for reimbursement should be approved by the Chief of Staff, the Minister or the Minister of State (as the case may be).

Separate claims should be submitted when a member of a Minister's or Minister's of State staff claims reimbursement for his or her own hospitality expenses and for hospitality disbursements made on behalf of the Minister or the Minister of State. The latter should be accounted for separately, included in any reports of ministerial office expenses, and accompanied by the ministerial certification.

In the interest of transparency and accountability, since January 1, 2004, Parliamentary Secretaries and Ministers and Ministers of State exempt staff are also required to post on their Departmental web-site all hospitality expenses. All hospitality expenses will be posted on a quarterly basis within 30 days following the last day of the quarter. The expenses posted on the web-site must include the following information:

• The name of the staff / exempt staff who provided the hospitality,
• The total amount of hospitality incurred, and

The establishment / restaurant where the hospitality occurred.

The Conflict of Interest and Post-employment Code for Public Office Holders, http://www.parl.gc.ca/oec/en/ (sections 19 to 22) states that gifts, hospitality and other benefits, which could influence public office holders in their judgment and in the performance of official duties and responsibilities, shall be declined. When in doubt the Ethics Commissioner should be consulted to obtain approval.

Acceptance by public office holders or members of their families of offers of gifts, hospitality or other benefits arising out of activities associated with the performance of the public office holder's official duties and responsibilities is not prohibited if such gifts, hospitality or other benefits meet the following conditions:

1. They are within the normal bounds of propriety, a normal expression of courtesy or protocol or within the normal standards of hospitality;
2. They are not such as to bring suspicion on the Minister's or Minister's of State objectivity and impartiality; and
3. They would not compromise the integrity of the Government.

Invitations to attend special events (such as, but not limited to, sporting events and performing arts) are not prohibited provided that the above criteria are met and provided that attendance serves a legitimate business purpose, the person or a representative of the organization extending the invitation is in attendance, and the value is reasonable and the invitations are not frequent.

In keeping with existing practice, gifts, hospitality and other benefits are permitted if received from relatives and close personal friends, or are of reasonable value and received from a government or in connection with an official or public event.

Where the Ethics Commissioner determines appropriate, where a gift accepted under the above conditions, other than gifts from relatives or close personal friends, has a value of $1,000 or more, the public office holder shall make arrangements for the gift to be placed into the government inventory.

Where the total value of all gifts, hospitality or other benefits received, directly or indirectly, by a public office holder or his/her family, exceeds $200, from any one source other than relatives and close personal friends in a twelve-month period, such gifts, hospitality and benefits shall be disclosed to the Ethics Commissioner.

Where a public office holder or a member of his or her family directly or indirectly accepts any gift, hospitality or other benefit, in accordance with the conditions mentioned above, that has a value of $200 or more, other than a gift, hospitality or other benefit from a relative or close personal friend, the public office holder shall notify the Ethics Commissioner and make a Public Declaration that provides sufficient detail to identify the gift, hospitality or other benefit received, the donor and the circumstances.

Where there is doubt as to the need for a Public Declaration the public office holder must consult the Ethics Commissioner.

Once signed, this declaration will be available for reading by the public from the web-based Public Registry found at the Ethics Commissioner's web-site (http://www.parl.gc.ca/oec/en/).

It has been government practice that official gifts and mementoes are presented only on occasions where:

• they further international relations;
• official hospitality abroad is involved; or
• foreign visitors or delegations are hosted in Canada.

Whenever any of these circumstances arise, a Minister's or Minister's of State staff should contact the Gift Bank, which is operated by the State Ceremonials Directorate of the Department of Canadian Heritage. The Gift Bank also ensures that official gifts are distinctively Canadian. Appropriate gifts include contemporary arts and crafts, or items representative of Canadian culture, arts and cultural products or Canadian manufacturing. The Gift Bank can provide advice on appropriate types of gifts, and will ensure that official gifts are of a value suitable to the status of the recipient.

If a gift other than those from the Gift Bank is being considered, and as a last recourse and under exceptional circumstances, certain authorities may be needed. These may include the authority to make the acquisition of the gift a legitimate expenditure of public funds, and the authority to transfer the gift. A submission to the Treasury Board for a recommendation to the Governor in Council may be required to secure such authorities.

This protection is currently identical to those covering Crown servants, as set out in the Policy on the Indemnification of and Legal Assistance for Crown Servants, which can be found at the internet address:www.tbs-sct.gc.ca/pol/doc-eng.aspx?id=12338. Ministers, Ministers of State and their exempt staff will be entitled to indemnification against personal civil liability and will be eligible for legal assistance, provided they meet basic policy requirements, which are to have acted honestly and without malice within the scope of their duties and met reasonable expectations. This need may arise from any act or omission of the Minister or the staff member in the conduct of portfolio or other official government business.