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

1.1 Conflict of Interest

2.1 Requirements
2.2 Personal security

3.1 Employment Equity
3.2 Staffing

3.3 Pay

3.4 Employee benefits

3.5 Leave

3.6 Departmental staff assigned to Ministers' and Ministers’ of State offices

3.7 Termination

4.1 Source of funds
4.2 Transferring funds
4.3 Accountability
4.4 Accounting for expenditures charged to Ministers' and Ministers' of State budgets

4.5 Financial Authorities

4.6 Internal audit

5.1 Office Accommodation

5.2 Office Furniture and Furnishings

5.3 Office Equipment and Supplies
5.4 Stationery and printed media

5.5 Telephones

6.1 Introduction

6.2 Executive vehicles for use by a Minister or a Minister of State

6.3 Air travel
6.4 Rail travel
6.5 International travel (government business)
6.6 International travel (private)
6.7 Ministers’ and Ministers' of State spouses
6.8 Travel by Members of Parliament with or on behalf of a Minister
6.9 Transportation allowance for staff overtime

7.1 Introduction

7.2 Employer-employee relationships
7.3 Fee guidelines
7.4 Former government officials
7.5 Temporary help services
7.6 Proactive Disclosure of Contracts over $10,000

8.1 Parking
8.2 Relocation
8.3 Hospitality and gifts

8.4 Memberships
8.5 Conferences
8.6 Legal services

9.1 Official Languages
9.2 Background
9.3 Service to the Public
9.4 Language of Work
9.5 Equitable participation
9.6 Support mechanisms

10.1 Information management

10.2 Access to Information and Privacy Acts

The Minister or the Minister of State may designate exempt staff members as being subject to Part III - Post-Employment Measures of the Conflict of Interest Code for Public Office Holders, http://www.parl.gc.ca/oec/. Those who are so designated are bound by it. Chief of Staff for both the Ministers and Ministers of State, other senior positions, and any other position, working with sensitive policy files must be subject to the post-employment compliance measures. The Minister or the Minister of State may also designate other exempt staff members, in consideration of their specific responsibilities (see Appendix F).

The Minister or the Minister of State, or their designate, is responsible for communicating in a timely and expeditious manner to the Office of the Ethics Commissioner, the names and titles (designations) of all newly hired exempt staff members or exempt staff transfers in or out, as well as an indication if Part III of the Code (Post-Employment) applies to them. Persons to whom the Code applies must come into compliance with its requirements within 120 days.

Persons appointed by the authority of a Minister (such as members of some advisory panels) will be subject to Part 1 - the Principles of the Code if appointed on a part-time basis and the Minister concerned will be responsible to ensure adherence to the Principles of the Code. Persons appointed by a Minister on a full time basis who have been designated as a 'Public Office Holder' will be subject to the full requirements of the Code.

Exempt staff members who are designated by their Minister or Minister of State as being subject to Part III - Post-Employment Compliance Measures of the Conflict of Interest and Post-Employment Code for Public Office Holders are required to observe a one-year limitation period after leaving public office. During this time, they are prevented from appointment to a board of directors or accepting employment with any organisation outside the Federal government with which they have had direct and significant official dealings during the period of one-year immediately prior to the termination of their tenure as exempt staff members. Furthermore, under the Code, such staff members cannot make representations for or on behalf of any other person or entity, to any department with which they had direct and significant official dealings during the period of one year immediately prior to the termination of their service in public office. Information about certain prohibited activities after leaving office is also provided, in Part III of the Code.

Departmental staff assigned to the office of a Minister or a Minister of State must comply with the requirements of the Values and Ethics Code for the Public Service http://www.tbs-sct.gc.ca/pubs_pol/hrpubs/TB_851/vec-cve-eng.asp. On assignment to such an office, the employee must review his or her circumstances in light of the newly assigned duties and, if necessary, complete a confidential report and submit it to the Deputy Minister or his or her representative.

The Public Service Employment Act (PSEA) identifies the following job titles for a Minister's or Minister's of State exempt staff: Executive Assistant, Special Assistant, and Private Secretary, however, other job titles exist for exempt staff. The Exempt Staff Position Structure is available in Appendix A. Ministers and Ministers of State have the flexibility of configuring the complement of exempt staff in their own offices.

A Minister may use the following positions and salary ranges:

• Chief of Staff (up to the maximum rate of pay for the EX-4 level);
• Senior Policy Advisor (up to the maximum rate of pay for the EX-2 level);
• Director of Communications (up to the maximum rate of pay for the EX-2 level);
• Director of Parliamentary Affairs (up to the maximum rate of pay for the EX-2 level);
• Policy Advisor (up to the maximum rate of pay for the AS-8 level);
• Senior Special Assistant (up to the maximum rate of pay for the AS-7 level);
• Special Assistant for Communications, Parliamentary Affairs, and Regional Offices (up to the maximum rate of pay for the AS-5 level).

A Minister of State may use the following positions and salary ranges:

• Chief of Staff (up to the maximum rate of pay for the EX-2 level);
• Senior Special Assistant (up to the maximum rate of pay for the AS-7 level);
• Special Assistant (up to the maximum rate of pay for the AS-5 level); and
• Support Staff (up to the maximum rate of pay for the CR-5 level).

A Minister or a Minister of State must respect the following conditions:

• There is a maximum of one Chief of Staff for any Minister's or Minister's of State Office;
• they must observe rules regarding position titles and respective salary range maxima; and
• while the number of exempt staff may vary, depending upon salaries paid, they must never exceed the budget for exempt staff salaries without prior Treasury Board approval.

The following exempt staff are specific to Ministers' Regional Offices (MRO's) and are additional to the exempt staff complement of only Regional Ministers. Regional exempt staff, unlike other exempt staff, which have the Offices of Ministers and Ministers of State as their work location, have the MRO's as their work location.

• Regional Affairs Director (up to the maximum rate of pay for the EX-1 level);
• Regional Communications Advisor (up to the maximum rate of pay for the IS-5 level);
• Special Assistant Regional Affairs (up to the maximum rate of pay for the AS-5).

The Regional Minister has the flexibility to configure their own regional exempt staff complement using existing approved salary ranges for exempt staff, however, they must observe rules regarding position titles and respective salary range maxima.

Ministers who have Parliamentary Secretaries within their portfolio are authorized to hire one exempt staff dedicated to support the Parliamentary Secretary. The Parliamentary Secretary's Assistant can be paid up to the maximum rate of pay of the Public Service AS-5 level

A member of a Minister's or Minister's of State exempt staff ceases to be so employed 30 calendar days after the Minister or the Minister of State ceases to be a Minister or a Minister of State of a given portfolio unless, within that 30-day period:

• the Minister or the Minister of State appoints that person to his or her new portfolio;
• the person is appointed to the exempt staff of another Minister or Minister of State; or

if entitled, the person is appointed by the Public Service Commission to a position in the Public Service.

• When exempt staff remain in the employ of the same Minister or Minister of State, either in the original or a new portfolio, they do not receive severance pay, separation pay, or a salary extension for 30 calendar days because their employment does not terminate.
• The Minister or the Minister of State may grant a salary increase for a promotion to a higher level of responsibility as defined in the Exempt Staff Position Structure (see Appendix A). Otherwise, the fact that there has been a change in Cabinet does not provide sufficient justification for salary increases for exempt staff. Therefore there should be no salary increases.
• Cashing out accumulated annual leave credits is at the discretion of the Minister or the Minister of State and is to be done according to the applicable terms and conditions of employment.

If another Minister or Minister of State employs exempt staff within the 30 calendar days:

• they will continue to receive the same rate of pay if appointed to the same exempt staff position;
• they may receive a salary increase only on promotion to a more senior exempt staff position (ref. Exempt Staff Position Structure, Appendix A);
• they do not receive severance, separation pay or a salary extension for 30 calendar days because their employment does not terminate; and
• cashing out accumulated annual leave credits is at the discretion of the Minister or the Minister of State. (Reference section 3.5.1).

• they are entitled to receive severance pay calculated at the rate of two weeks' pay for each year of service as exempt staff, pro-rated with respect to part of a year's service. There is no minimum period of employment to receive severance.
• they may be entitled to separation pay which is a discretionary payment made only by the Minister or the Minister of State. Refer to section 3.7.2 for further details.

Ministers and Ministers of State are encouraged to make decisions as soon as possible within the 30 calendar days after their new appointment or their termination of office to retain or to release exempt staff members. If exempt staff are hired only after the 30 calendar days:

• they retain the full amount of any severance pay received;
• they must reimburse a proportionate amount of any separation pay if re-hired or engaged under contract, either directly or hired by or engaged under contract with a government contractor, during the period the payment covers (e.g., if paid four months separation pay and hired two months after her or his Minister or Minister of State left or changed portfolio, the exempt staff member would have to repay two months separation pay).

When contracting for professional or temporary help services, the additional requirements and obligations found at part 7 of these Guidelines must also be met. Neither professional services contracts nor contracts for temporary help are employment contracts. No employer-employee relationship can be created when entering into such a contract (see section 7.2 for more information).

A Minister or a Minister of State has discretionary authority to use the services of any member of the exempt staff on public business outside the National Capital Region. The salary or fee for that person is chargeable to the Minister's or Minister's of State exempt staff budget.

When there is more than one Minister or Minister of State within the portfolio, the services of the exempt staff in the administrative support categories should be pooled as much as possible.

Exempt staff members' names and the positions they hold are not considered as confidential and could be released under any Access to Information request.

For information on Conflict of Interest issues, please see section 1.1.1 of this document.

For information on Security issues for employees, please see section 2.2 of this document.

These are the maximum permissible salaries for the following positions. These maximums are effective as shown:

NOTE: All salaries set by a Minister or a Minister of State for their exempt staff will be deemed to include compensation for overtime.

Ministers and Ministers of State may pay exempt staff any salary up to the permitted maximum, as authorized by the Treasury Board, and may authorize increases up to the maximum rate. However, an exempt staff member should not be paid the maximum salary unless it can be fully justified by his or her experience and qualifications.

In exceptional circumstances, a Minister or a Minister of State may, with the prior approval of the Treasury Board, pay an exempt staff member a salary above the permitted maximum. A Minister or a Minister of State and the President of the Treasury Board should first discuss all requests for salaries above the permitted maximum.

The Treasury Board may authorize other exceptions to these guidelines in special circumstances. A Minister or a Minister of State and the President of the Treasury Board should discuss all such requests first.

Only a Minister or a Minister of State has the discretionary authority to award or withhold salary increases.

Provided funds are available in the exempt staff budget, a Minister or a Minister of State may authorize salary increases as follows:

• for those exempt staff members whose salaries are below the permissible maximum, a Minister or a Minister of State may increase their salaries as required, usually not more often than once a year until the maximum is reached;
• for those exempt staff members whose salaries are at the permissible maximum, a Minister or a Minister of State may not increase their salaries without the Treasury Board's approval;

for those exempt staff members whose salaries have been approved by the Treasury Board above the permissible maximum, a Minister or a Minister of State may increase their salaries by no more than the most recent percentage increase authorized for the corresponding Public Service group and level. A Minister or a Minister of State may not authorize such increases before the anniversary date of the exempt staff member's appointment or last increase, whichever is later, unless Treasury Board approval is obtained.

A Minister or a Minister of State may authorize acting pay when an exempt staff member temporarily performs the duties of a higher position. To qualify for acting pay, exempt staff members must continuously perform the temporary duties for a minimum of 10 consecutive working days.

The scheduled work week is usually 37 1/2 hours from Monday to Friday inclusive, and the scheduled work day is usually 7 1/2 hours.

For information on transportation allowances for exempt staff overtime, please see section 6.8 of this document.

Exempt staff are not eligible for overtime pay. Instead, when exempt staff members must work overtime hours, or when they work or travel on a day of rest or on a holiday, they may be granted management leave (leave with pay). This leave is granted as a Minister or a Minister of State considers appropriate with the appropriate documentation. Management leave should be granted as soon as possible after the period that justifies it, and should not exceed the overtime hours worked or spent in travel. In no circumstances shall management leave be granted after an election has been called or as compensation for election activities.

An exempt staff member who works overtime extending beyond the normal meal period, or works at least three hours on a day of rest or on a designated holiday, may be reimbursed based on receipts, for one or more meals (depending upon the number of meal periods occurring in the overtime period) in accordance with the amounts prescribed in the Treasury Board Travel Directive, or with the meal rate negotiated for equivalent groups and levels under collective bargaining of the Program and Administration Services Group (PA).

Rates for meals are updated regularly, consult Departmental Financial Services for current rates.

• Employment Insurance plan;
• Provincial health insurance plans; and
• Canada/Quebec pensions plans.

• Public Service Superannuation Plan;
• Supplementary death benefit (Part II of the Public Service Superannuation Act);
• Long-term disability (LTD) insurance (part of the Public Service Management Insurance Plan); and
• Public Service Dental Care Plan.

• The following components of the Public Service Management Insurance Plan:
  • basic life insurance equal to twice the adjusted annual salary;
  • accidental death and dismemberment insurance of $250,000; and
  • dependants' insurance.
• the following components of the Public Service Health Care Plan:
  • single or family extended health care coverage; and
  • hospital benefit, level III.

• Public Service Health Care Plan (Extended Health Provision plus Hospital Level I Government paid; Optional Hospital Levels II and III member paid).
• the following components of the Public Service Management Insurance Plan:
  • basic and supplementary life insurance, both equal to the adjusted annual salary;
  • accidental death and dismemberment insurance up to $250,000; and
• dependants' insurance.

The following component of the Public Service Management Insurance Plan: an additional supplementary life insurance equal to the adjusted annual salary.

Vacation leave entitlements

Determination of leave entitlements is in accordance with section 3.5 above with the exception that service for the accumulation of vacation leave under this clause will include employment with any government department as defined in the Financial Administration Act: (http://laws.justice.gc.ca/en/F-11/index.html) if severance has not been issued upon termination of such employment. Vacation entitlements are as follows:

A Minister or a Minister of State may authorize an advance payment of the estimated net salary for vacations of two or more complete weeks if this is requested in writing at least six weeks before the last pay day before the vacation begins.

When exempt staff are recalled from vacation leave, they shall be reimbursed for reasonable expenses, as the Treasury Board normally defines them, incurred in travelling to the place of duty and back to the place where they were vacationing, if they resume the vacation immediately. They must submit expense accounts with receipts. When the Minister or the Minister of State cancels or alters vacation leave that was previously approved, the employee shall be reimbursed for any reasonable monetary penalty incurred in cancelling reservations.

If a person on the Minister's or Minister's of State exempt staff ceases to be employed or dies, the person or the estate shall be paid for any earned but unused vacation leave, except management leave, according to the following formula:

(days of unused vacation) X (daily pay rate on the day service ends)

In the event of the termination of employment for reasons other than death, a change in government, or when the Minister or the Minister of State ceases to be a Minister or a Minister of State, unearned vacation leave taken by the employee will be recovered from any monies owed upon termination.

Exempt staff may cash out any or all of their vacation leave at any time during the year with the approval of their Minister or Minister of State.

The following are designated paid holidays:

• New Year's Day;
• Good Friday;
• Easter Monday;
• the day fixed by proclamation by the Governor in Council for celebration of the Sovereign's birthday;
• Canada Day;
• Labour Day;
• the day fixed by proclamation of the Governor in Council as a general day of Thanksgiving;
• Remembrance Day;
• Christmas Day;
• Boxing Day; and
• one additional day that is recognised as a provincial or civic holiday in the area where the person on a Minister's or Minister's of State exempt staff is employed, or the first Monday in August in any area where no such day is recognised as a provincial or civic holiday.

Ministers' or Ministers' of State exempt staff are not entitled to designated paid holidays if they are on leave without pay on the full working day immediately before and the full working day immediately after a designated paid holiday.

A member of a Minister's or Minister's of State exempt staff is not required to resign or request leave without pay in order to seek nomination as a candidate for a federal, provincial or territorial election, including by-elections, provided that the nomination takes place before the writs are issued.

Once the writs¹ are issued, however, any exempt staff member who is already nominated, or who seeks to be nominated, as a candidate for an election must resign or be granted leave without pay, at the Minister's or Minister's of State discretion. This resignation or leave without pay should take effect, at the latest, the day before the exempt staff member accepts in writing the official nomination²  as an election candidate.

After the writs are issued or once Parliament or any provincial legislature or territorial council is dissolved, the exempt staff member should avoid declaring or having himself or herself declared by others to be a candidate before he or she has resigned or started the leave without pay.

Should a member of the Minister's or Minister's of State exempt staff decide to become actively involved on a full time basis in a federal, provincial or territorial election or by-election, the member is required to take leave without pay or resign their position. If a member becomes engaged in campaign activities on a part-time basis, their involvement must be on their own time and not during regular office hours. No vacation leave or any other leave with pay will be permitted for election purposes.

Any period of leave without pay will not count as service toward qualifying for priority staffing under the Public Service Employment Act (PSEA). If the member of the exempt staff did not qualify for priority staffing prior to going on leave without pay, any period of leave without pay will have to be made up later to meet the PSEA's qualifying criteria.

A Minister or a Minister of State may grant leave of absence with pay, for a period no longer than two weeks, when the place of work has been rendered uninhabitable and the employee cannot perform his or her duties until an alternative place has been found, or when the employee is required or urgently needed to help with a community emergency.

Employees have a right to severance pay when they end their services voluntarily, are dismissed, die, or are laid off owing to lack of work or discontinuance of a function. Severance pay stays the same, whatever the circumstances of termination, that is, the amounts will be the same for resignation, death, dismissal, lay-off and retirement.

When a person on a Minister's or Minister's of State exempt staff ceases to be employed, severance pay is calculated at the rate of two weeks' pay (based on salary at termination) for each year of service. "Service" for this purpose, refers to service as an exempt staff member only. Calculations are pro-rated in respect of part of a year's service. There is no ceiling on the maximum number of weeks to be paid.

Severance payments are to be funded centrally, through Treasury Board Vote 5, as required.

For severance purposes, in certain cases Ministers and Ministers of State may recognise (or "transfer-in") an exempt staff member's previous service with a Member of Parliament staff or in the Public Service, as described in the Public Service Superannuation Act (PSSA). The exempt staff member must have gone directly from this service to the Minister's or Minister's of State office (in other words, there must not have been a break in service of more than three months). Furthermore, the exempt staff member must not have received severance payment from the House of Commons or from the previous Public Service employer. If the exempt staff member wants to transfer in previous service, he or she must obtain approval in writing from the Minister or the Minister of State at the time of hiring. The exempt staff member then sends a copy of this approval to the department's pay office and another copy to the House of Commons or to the previous employer. Upon termination of employment, an exempt staff member's severance pay for service as a Member of Parliament's (MP) staff member or in the Public Service will be one week's pay per completed year of service (based on the salary at termination of employment as an exempt staff member) as long as the exempt staff member, with the combined service of the previous employer and service with the Minister or the Minister of State, has fulfilled the requirements of the previous employer to receive severance pay.

Note:

For those exempt staff members in their 30-day period, starting November 4, 1993, and who transferred into a Minister's office from an MP's office or the Public Service (as defined in the PSSA) immediately prior to April 1, 1987 (i.e., without a break in service of more than three months) and who did not receive severance pay for their service from the House of Commons or their previous Public Service employer, departments are advised that for severance purposes, this previous service as a member of an MP's staff or in the Public Service (as defined in the PSSA) is deemed to have been transferred in with the employee. Severance for this previous service will be calculated at one week's pay per completed year of service as an MP's staff member, at the final salary at termination of employment as an exempt staff. The regular severance pay provisions for their service as exempt staff members will also apply.

Separation pay may be paid at the discretion of the Minister or the Minister of State when the employee's services are ended. This pay is intended to compensate for possible loss of earnings resulting from an often unpredictable and, at times, abrupt termination of employment.

A Minister or a Minister of State may authorize separation pay when

• the Minister or the Minister of State dismisses a person on the exempt staff without notice;
• the Minister or the Minister of State ceases to be a Minister or a Minister of State;
• the Minister or the Minister of State changes portfolios or responsibilities and does not retain the employee's services; or
• a person on the exempt staff resigns, retires, is laid off or dies.

To compensate for possible loss of earnings, Ministers or Ministers of State may, at their discretion, authorize a maximum of up to six months' separation pay for those exempt staff members subject to Part III of the Conflict of Interest and, Post-Employment Code for Public Office Holders (see section 1.1.1). A maximum of up to four months' separation pay applies in all other cases.

While a Minister or a Minister of State may authorize separation pay up to the maximums set out above, separation pay of one month per year of service is considered reasonable.

Separation pay is not paid when the member of the exempt staff has been granted leave without pay from the Public Service to work in the Minister's or Minister's of State office. In this case, the person remains an employee in the department that granted the leave without pay, and any subsequent termination benefit would be the responsibility of that department.

Separation payments are to be funded through departmental operating budgets and not charged to the Minister's or Minister's of State exempt staff budget or operating budget.

If a person who has received separation pay works in or for another Minister's or Minister's of State office or any federal institution during the period covered by his or her separation pay, whether compensated directly as employee or contractor, or indirectly, as an employee or sub-contractor of a contractor, the separation pay is to be refunded proportionately. This provision averts a duplication of payments out of government funds (i.e. the Consolidated Revenue Fund). Refer to government Estimates and appropriations documents to determine organizations funded through the Consolidated Revenue Fund at http://www.tbs-sct.gc.ca/est-pre/estime.asp.

When a Minister or a Minister of State ceases to be a Minister or a Minister of State, or changes portfolio and does not take a member of the exempt staff to the new portfolio, affected employees continue to draw salary for 30 calendar days, in accordance with paragraph 39(2) of the Public Service Employment Act (PSEA). Where a Minister or a Minister of State authorizes separation pay, the payment begins at the end of this 30-day period. When Ministers and Ministers of State cease to hold office due to a cabinet shuffle or a general election, members of their exempt staff who are not rehired by a Minister or by a Minister of State or in the Public Service, are to be deemed to have been laid off at the end of the 30-day period for the purposes of the Public Service Health Care Plan and the Public Service Dental Plan.

A member of the exempt staff shall be paid according to the following formula for vacation leave that is earned but unused:

(days of unused vacation) X (daily pay rate on the day service ends)

Management leave may not be counted as earned vacation leave.

The Ministers' exempt staff priority entitlement is provided for in the Public Service Employment Act (PSEA), section 39. The entitlement lasts for one-year from the date on which the priority person ceases to be employed in the Minister's office, which is either:

• 30 days after the Minister ceases to hold a portfolio; or
• the day on which the priority person ceases to be employed in the Minister's office;
• whichever comes first.

The priority entitlement applies to the Minister's exempt staff, hired to conduct activities related to the Minister's portfolio. The priority applies to someone who:

• Was an employee immediately before becoming employed in the office of the Minister (PSEA (39)(3)(a)); or
• While employed in the office of a Minister, qualified for appointment to the Public Service under this Act (open competition process) (PSEA (39)(3)(b)); or
• Was employed for at least three consecutive years in the office of a Minister or Ministers, in certain capacities successively (PSEA (39)(4)). Please refer to Appendix E for details.

The Ministers' exempt staff priority entitlement also applies to exempt staff employed in the office of:

• Leader of the Opposition in the House of Commons;
• Leader of the Government in the Senate;
• Leader of the Opposition in the Senate; and
• Ministers of State.

For additional information see Appendix E of this document. Please note that information provided in this Appendix is taken directly from the Public Service Commission's Guide to Ministers' Exempt Staff Priority, which is revised, as needed, independently from this document. An electronic version of the guide can be obtained at http://www.psc-cfp.gc.ca/priority-priorite/index_e.htm. Please check the revised date on both documents to ensure that you have the most recent version of the guide.

A Minister or a Minister of State may authorize up to $5,000 to cover fees for professional outplacement services for a member of his or her exempt staff whose employment has been ended. An exempt staff member whose employment has been terminated should register with an outplacement firm within 30 days of the termination date, or in the 30 days after a Minister or a Minister of State ceases to be a Minister or a Minister of State. This should be done within these time frames, even if services may be rendered at a later date. However, in all cases, services must be rendered within one-year of the termination date.

Outplacement services usually provide such information as: how to prepare a résumé, how to prepare for an interview, and how to present yourself at an interview. Costs for training or skill improvement, such as computer literacy or language courses, are not included.

Typically, the outplacement firm enters into a signed agreement with the member of the exempt staff that stipulates what services will be rendered. Invoices are to be sent to the Departmental Financial Services Unit. The cost of outplacement services is charged to the Minister's or Minister's of State operating budget.

A Minister's and Minister's of State salary and motor vehicle allowance are statutory expenditures. This means that these resources are conferred on a continuing basis and are not voted upon annually by Parliament. However, as noted in section 6.2, the Ministers of the Treasury Board have established a policy covering motor vehicles.

Ministers and Ministers of State, except the Prime Minister, receive a prescribed exempt staff salary budget to manage their Minister's or Minister's of State offices. This budget is over and above any budget to which the Minister or the Minister of State is entitled as a member of the House of Commons. The budget provided by the House of Commons is used to pay for staff in the House of Commons office and in the constituency office.

The Treasury Board periodically sets the size of a Minister's and Minister's of State exempt staff salary budget. The President of the Treasury Board notifies each Minister and Minister of State of the annual amount in writing. The exempt staff budget is to be allocated from within existing departmental reference levels.

Budgets cannot be exceeded. Ministers who wish to have their budgets increased must seek the approval of the Treasury Board. The Minister and the President of the Treasury Board should discuss all such requests first.

When a Minister or a Minister of State changes portfolios during the course of the year, the budget for the remainder of the year in the new portfolio is to be equal to the free balance remaining in the previously held portfolio as at the date of the change (after outstanding commitments have been paid). When a new portfolio is created, or when a Minister or a Minister of State is appointed to a portfolio after a change in government, the new Minister or Minister of State is allowed a pro-rated amount representing the budget for the balance of the fiscal year in progress, as set by the Treasury Board.

Only direct personnel costs can be charged to the exempt staff salary budget, including the following:

• salaries (including pay while on leave);
• pay for unused vacation leave, at the request of the exempt staff with the approval of the Minister or the Minister of State, on termination of employment, or paid out at the end of each fiscal year; and
• salary for the 30 days' employment to which exempt staff are entitled when a Minister or a Minister of State ceases to be a Minister or a Minister of State (see section 3.7.5).

A Minister's or Minister's of State operating budget covers all operating expenditures incurred by exempt staff or by departmental staff in the Minister's or Minister's of State office, provided that the costs are related to the conduct of portfolio or other official government departmental business.

The following costs will be charged to a Minister's or Minister's of State operating budget:

• official gifts, travel, hospitality and other services in relation to the department;
• conference and training costs for exempt staff;
• relocation of exempt staff to the Minister's or Minister's of State departmental office (on appointment only);
• office furniture and furnishings for Ministers, Ministers of State and their Private Secretaries that are over and above normal departmental standards;
• fees for professional outplacement services;
• the cost of professional and temporary help services for the Minister's or Minister's of State departmental office; and
• all other expenses related to the operation of a Minister's or a Minister's of State departmental office.

Other exempt staff related costs, as described below are to be funded as indicated:

Departments may request funding centrally, through TB Vote 5, as for other public servants:

• maternity/parental benefits (Supplemental Employment Benefit);
• vacation pay for unused vacation leave on termination of employment when at termination of employment employee is eligible for severance pay;
• severance pay.

Departmental Operating budgets:

• separation pay.

Costs related to departmental personnel assigned to a Minister's office must be charged to the departmental salary budget. These costs must be accounted for separately as part of the Minister's office expenditures. Costs such as equalisation payments, bilingualism bonuses, and overtime are to be included in the Minister's departmental staff salary budgets. Other personnel-related costs will be funded in accordance with existing departmental practices for Public Service employees.

Spending authority consists of four elements - expenditure initiation, commitment control, contracting and confirmation of contract performance and price.

The Minister or the Minister of State is responsible for and has spending authority over the exempt staff and Minister's or Minister's of State operating budgets. Often, the Minister will delegate some of this authority to the Chief of Staff or other senior exempt staff. In the case of Ministers of State, some of this authority may be delegated to the Chief of Staff. However, this delegation does not apply in instances where a Minister or a Minister of State wishes to hire, dismiss or set salaries for exempt staff.

This authority is delegated to Ministers and Ministers of State to initiate expenditures against their budgets, to requisition goods and services, to hire staff, extend hospitality, and the like. However, before the expenditure is actually made, the contract entered into, or the arrangement made, there must be a confirmation that funds are available - the commitment authority.

Under section 32 of the FAA, Ministers or Ministers of State, or Financial Officers acting on their behalf, must control commitments and ensure that funds are available within existing appropriations to discharge the financial commitment that would result from the contract or other arrangement.

Controls over commitments and expenditures must be maintained to ensure that neither the exempt staff nor the Ministerial operating budgets are overspent.

Reference: Treasury Board Policy on Control of Commitments, which can be found at internet address: http://www.tbs-sct.gc.ca/pol/doc-eng.aspx?id=12192.

The authority to acquire material and goods is delegated to the Minister or the Minister of State from the Minister of Public Works and Government Services Canada. The Minister or the Minister of State is ultimately responsible to Parliament for all contracting activity. Within the Minister's or Minister's of State office, the authority to contract may be delegated to the Minister's Chief of Staff or other senior exempt staff or to the Minister's of State Chief of Staff.

Officials delegated such authority are to exercise it with prudence and probity so that the responsible Minister is acting and is seen to be acting within the letter and the spirit of the Financial Administration Act, the Government Contracts Regulations and the Treasury Board's contracting directives and policy. Please see part 7 for further details on contracting.

As of March 2004, the Government announced a new policy on the mandatory publication of contracts over $10,000. Please see section 7 for further details.

Expenditures incurred by Ministers, Ministers of State and their exempt staff are subject to the account verification process and must be certified under section 34 of the FAA prior to payment.

Under section 34 of the FAA Ministers and Ministers of State are obligated to confirm that goods have been received or the work performed satisfactorily and that the price charged is correct. This account verification process includes checking that the relevant contract terms and conditions, including price, quantity and quality have been met, and if an advance payment is being made that it is required by the contract and that all relevant statutes, regulations, Orders in Council and Treasury Board policies have been complied with. Financial Officers with payment authority under FAA section 33 are responsible for the quality of the account verification process performed pursuant to FAA section 34.

The account verification process must provide for auditable evidence of verification including the identification of the various individuals who performed the verification.

Reference: Treasury Board Policy on Account Verification, which can be found at internet address: http://www.tbs-sct.gc.ca/pubs_pol/dcgpubs/TBM_142/Accver-eng.asp.

Payment authority is the authority to requisition payments. Pursuant to section 33 of the FAA and the Payments and Settlements Requisitioning Regulations, requisitions for payments may only be made if the payment has been verified under section 34, if there are sufficient funds available in the appropriation to make the payment and if the payment has not been made previously.

Payment authority is usually delegated to departmental financial officers.

The departmental financial staff verifies the Minister's or Minister's of State certification (or that of a delegate) under section 34 and any required supporting documentation before requisitioning payment under section 33.

While, for reasons of confidentiality, some payment requests by Ministers and Ministers of State do not have to be supported by receipts and other documents that provide evidence of goods and/or services received, these supporting documents should nevertheless be retained in the offices of the Ministers or Ministers of State. In the absence of supporting documentation, there is normally a requirement for an official certification or attestation by the Minister or the Minister of State, and an original signature (not that of a delegate) is required.

Reference: Treasury Board Policy on Payment Requisitioning and Payment on Due Date, which can be found at internet address: http://www.tbs-sct.gc.ca/Pubs_pol/dcgpubs/TBM_142/2-6-eng.asp

Ministers and Ministers of State have offices on Parliament Hill as well as constituency offices which are both administered under the House of Commons guidelines and budgets and are completely separate from departmental headquarters offices and Ministers' Regional Offices which are outlined below.

The entitlements related to being a member of the House of Commons are explained in detail in the Member's Manual of Allowances and Services published by the House of Commons and questions related to these entitlements should be referred to the Comptroller's Office, House of Commons.

Office requirements of Ministers or Ministers of State in the department's headquarters are normally accommodated within the space allocated to the department. The Ministers' or Ministers' of State requirements are normally co-ordinated by the Deputy Minister.

Public Works and Government Services Canada in consultation with the Departmental Facilities Management Group is responsible for initial fit-up of this space based on the functional and operational requirements and applicable cost guidelines. Changes to existing offices (during a Minister's or Minister's of State tenure or on appointment of a new Minister or Minister of State) are funded by the department.

Ministers' Regional Offices have been established for the use of all local and visiting Ministers, Ministers of State, and their officials in conducting government business in regions. These offices are not intended to duplicate the functions of the constituency offices and other support provided by the House of Commons.

Public Works and Government Services Canada is responsible for the establishment and operation of the Ministers' Regional Offices including common operating costs, construction, rent, fit-up, parking, etc.

Ministers' Regional Offices are operating in Vancouver, Edmonton, Calgary, Regina, Winnipeg, Toronto, Montreal, Quebec City, Halifax, Moncton, and St. John's. Therefore, the establishment of an individual Ministerial office outside the headquarters area requires specific approval by the Treasury Board prior to project initiation.

Ministers and Ministers of State are responsible for funding the direct cost over and above the common costs (such as added costs for regional exempt staff, resident exempt staff, hospitality, additional services and accommodation) of their use of the MRO's.

Office furniture and furnishings for a Minister's or Minister's of State personal office is not subject to the provisions of the Treasury Board Policy. As well, the furniture for the Minister's private secretary, who would generally be located within the Minister's ante room and waiting area, is not subject to the Treasury Board Policy. However, the offices of Ministers' staff located in premises occupied by the department are subject to the provisions of the Treasury Board Policy - Materiel Management, (Furniture and Furnishings), which can be found at internet address: http://www.tbs-sct.gc.ca/Pubs_pol/dcgpubs/MaterielManage/siglist-eng.asp.

The Department of Public Works and Government Services Act gives the Minister of Public Works and Government Services the mandate to acquire materiel for departments and thus the Act's provisions apply regardless of who uses the furniture and furnishings.

The department funds the acquisition of office furniture, fixtures and equipment, and their operation and maintenance costs.

These offices are subject to the provisions of the Treasury Board Policy in terms of office furniture and furnishings.

As a rule, all furniture and furnishings purchases are considered overhead or common costs.

The Federal Identity Program (FIP) is the Government of Canada's corporate identity program. The Government of Canada has an obligation to make evident to Canadians, wherever they reside, how their taxes are used to provide programs, services and infrastructure. The government must project a consistent and coherent presence and identity to ensure that Canadians recognize, at a glance, their government at work for them. The Treasury Board Secretariat Federal Identity Program (FIP) establishes standards and requirements for managing the government's corporate identity. In 1998, Treasury Board ministers established nine additional FIP requirements aimed at strengthening the presence and visibility of the Government of Canada in all of its activities.

Each institution is responsible for managing its own corporate identity in compliance with the Federal Identity Program and policy, and related Treasury Board decisions. This information and the FIP design standards are available at http://www.tbs-sct.gc.ca/pubs_pol/sipubs/tb_fip/fip-pcim2-eng.asp.

Ministers and Ministers of State are required to write to the President of the Treasury Board on all matters related to establishing titles of institutions. Institutions must adopt an approved title (referred to as applied title) for their corporate signature, and use this title consistently when identifying the institution, except when there is a specific requirement for the legal title. Ministers must also write to the President regarding government-wide use of special symbols, decisions on FIP symbols (flag symbol or Coat of Arms) in corporate signatures, and for exemptions from the FIP policy.

The design of Ministers' and Ministers' of State offices stationery is subject to the Federal Identity Program policy and design standards. The present design consists of a 40 % screened black Coat of Arms, black text and a black "Canada" wordmark with red flag, printed on white, recycled permanent paper. Further information is available at http://www.tbs-sct.gc.ca/fip-pcim/man_2_1-eng.asp.

Institutions must use the standard news release form and information kit folder. The Government of Canada's "no frills" publishing guidelines, call for streamlined government publishing and a common look for various communications products. The "no frills" guidelines are available at the following internet address: http://www.tbs-sct.gc.ca/Pubs_pol/ciopubs/TB_CP/nofrills-eng.asp.

Although Ministers and Ministers of State are excluded from the requirement to follow the Treasury Board Travel Directive, it is recommended that Ministers and Ministers of State refer to that document since it provides good examples of the expenditures that are considered appropriate for program-related business travel.

In the interest of transparency, since January 1, 2004, Ministers and Ministers of State are required to post on their departmental web-site all travel expenses incurred during program-related business. All travel 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 period covered by the trip and the places visited;
• Transportation expenses; and
• Other expenses (such as, accommodation and meals).

All Parliamentary Secretaries and exempt staff of Ministers' and Ministers' of State will also be required to post all travel expenses on the departmental web-site (see section 6.1.3).

Travel expenses for Ministers and Ministers of State on program-related business include the following costs which are charged against the operating budget of the Minister or the Minister of State.

Transportation

• GTMO/STSI service costs (e.g. airline tickets);
• Fees paid to commercial carriers;
• Fees for the use of privately owned, government-owned or rental vehicles;
• Fees for the rental of trains, aircraft or marine transportation; and
• Other expenses for related services.

Other expenses

• Accommodation;
• Meals and incidental expenses;
• Luggage insurance when not provided by the carrier;
• Passports, visas, (and required photos) expenses;
• Telephone calls, facsimiles, internet connections, and messenger services;
• Office services; and
• Other travel-related services.

Reimbursement procedures for the travel of Ministers on departmental business is governed by a letter from the Minister of Finance dated December 5, 1963, which refers to Cabinet direction (included as Appendix G). Based on the document, Ministers and Ministers of State are asked to submit as their travel claim a signed statement which includes:

• the period covered by the trip and the places visited;
• transportation expenses; and
• other expenses (such as, accommodation and meals).

This statement of expenses may be submitted on a monthly (rather than a per-trip basis) and must include the following certification, pursuant to section 34 of the Financial Administration Act:

"I certify that the foregoing expenditures have been incurred by me on official government business in (month) (year)." (Signed) Minister's signature.

Even though Ministers and Ministers of State do not have to provide receipts and supporting documentation, these supporting documents should nevertheless be retained in their Offices.

The aforementioned 1963 letter also specifies that where requested advances are greater than the actual costs incurred, the difference should be remitted to the department in the form of cash, or a personal cheque made payable to the Receiver General for Canada.

When a Minister or a Minister of State requires Parliamentary Secretaries or staff/exempt staff to travel on departmental business, their reservations should be via the GTMO/STSI and expenses should be in accordance with the Treasury Board Special Travel Authorities and/or the Treasury Board Travel Directive rates and allowances. Travel expenditures are chargeable to the Minister's or Minister's of State operating budget. They should be authorized by the Minister, Minister of State or the Chief of Staff (other than for his or her own travel), and reviewed by a Senior Financial Officer.

In addition, in the interest of transparency, as of January 1, 2004, Parliamentary Secretaries and all staff / exempt staff that are required to travel on department-related business must post on the Departmental web-site all travel expenses incurred. All travel 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 period covered by the trip and the places visited;
• Transportation expenses; and
• Other expenses (such as, accommodation and meals).

When exempt staff accompany the Minister or the Minister of State, the appropriate signature is necessary to upgrade travel to business class, in the event that the Minister does not personally sign the travel authority.

Expenditures incurred by the Chief of Staff should be authorized by the Minister or the Minister's senior delegate for financial matters. Parliamentary Secretaries, Chiefs of Staff, and Ministers' Senior Policy Advisor, Director of Communications, and Director of Parliamentary Affairs have the same travel entitlements as the Executive Group EX-02 and above (reference to the Special Travel Authorities), except when accompanying the Minister, in which case the air travel entitlement may be upgraded if so determined by the Minister.

Expenditures incurred by the Chief of Staff should be authorized by the Minister of State.

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

Official use encompasses any use of the vehicle for the effective conduct of official business, including constituency business, for which travel would normally be reimbursed by the House of Commons. Official use includes, but is not necessarily limited to, the following uses:

• travel to and from a departmental office, the House of Commons or any other place where business is transacted;
• travel to and from airports when proceeding on business travel or when meeting visiting dignitaries;
• travel to and from diplomatic or other social functions attended in a Minister's or Minister's of State capacity;
• travel under any circumstances when, for personal protection, the presence of a security officer is required;
• transportation of classified material to, from and between various work locations, including a Minister's or Minister's of State residence; and
• any other use that helps in the discharge of responsibilities as a Minister of the Crown or Minister of State.

Ministers and Ministers of State are authorized to make personal use of the vehicle provided by their departments. However, they are required to pay for the privilege of personal use. The rate of payment is one per cent of the capital cost of the vehicle, per month (or 5/7 of 1% if weekend use is excluded). For purposes of computing the taxable benefit, this payment is made to the employer for the use of the vehicle and is deducted at source.

The executive vehicle is also available to the Minister's or the Minister's of State family and household for personal use whenever it is not required for official business. For Income Tax Act purposes, any use of an executive vehicle for anything other than official business generally constitutes a taxable benefit.

The maximum price limit for the purchase of an executive vehicle is adjusted annually by the Treasury Board Secretariat using the Consumers Price Index produced by Statistics Canada. The current price limit of $32,100 is based on the actual price paid, i.e. the invoiced price as opposed to the advertised or manufacturer's suggested retail price. This price limit includes all options and accessories, as well as GST, provincial sales taxes and levies, and fees for delivery and preparation. Excluded are premiums associated with the purchase of alternative fuel vehicles that are in excess of the price for the same vehicle operating on gasoline. Information on the current maximum price limit can be obtained at internet address:http://publiservice.tbs-sct.gc.ca/mm-gm/ev-vf/maxpri-primax-eng.asp.

The executive vehicle standard requires that it be of a type and configuration that will provide for reliable, safe and effective transportation for the conduct of official business, such as a four-door sedan, passenger mini-van, or station wagon. In taking leadership on reducing greenhouse gas (GHG) emissions, executive vehicles will be one of the following:

• hybrid-electric;
• factory-equipped for natural gas, propane or E85 ethanol; or
• among the most efficient in their class.

The Treasury Board has approved administrative arrangements requiring the Minister of Public Works and Government Services to refuse to acquire an executive vehicle exceeding the standard.

Executive vehicles are to be acquired through procurement arrangements established by the headquarters of Public Works and Government Services Canada as detailed in the Executive Vehicle Policy, which can be found at internet address:
http://www.tbs-sct.gc.ca/pubs_pol/dcgpubs/materielmanage/motorveh-eng.asp, and the Motor Vehicle Policy, which can be found at internet address:
http://www.tbs-sct.gc.ca/pubs_pol/dcgpubs/materielmanage/motorveh-eng.asp. A list of executive vehicles that can be purchased through PWGSC can be accessed through the following web-site: http://publiservice.gc.ca/services/icpsss-spicsn/gmvog/executive2003-e.pdf. Ministers' or Ministers' of State exempt staff should consult with Public Works and Government Services Canada headquarters before making any decision on the type of executive vehicle requested.

Ministers or Ministers of State who acquire vehicles, and their successors, are expected to continue using a vehicle over its useful life. The standard requires that executive vehicles not be replaced until they are 3 years old or have travelled at least 150,000 kilometres. The price limit indicated in paragraph 6.2.3 above will be reduced by 15 per cent if an executive vehicle is replaced before it reaches the 3-year or 150,000 kilometre standard. This will also apply in cases where the replacement vehicle selected is costing more than the lowest quoted price received by Public Works and Government Services Canada for the requested vehicle equipment and model. If a Minister's vehicle becomes surplus to requirements before its useful life is over, arrangements can be made for the vehicle to be redeployed through Public Works and Government Services Canada. A vehicle should not be disposed of outside the federal government when there are other eligible executives in need of it.

All the costs of operating and maintaining the motor vehicle are borne by the department. However, no public funds shall be used to pay fines for traffic violations, including parking violations. To ensure that the taxable benefit portion of operating executive vehicles is uniformly calculated, Treasury Board requires the department to record all information about usage and costs of operations in a systematic manner.

Like any other government vehicle, Ministers' or Ministers' of State vehicles are expected to be registered with a private-sector fleet management company for fuel, maintenance and repair. This would generally be the same company that is used for the departmental fleet. A credit card is provided and should be used to pay for all required fuel, repairs and maintenance for the vehicle. The use of the card allows automatic capture of vehicle data in the departmental fleet database.

Notwithstanding the normal government practice to "self-underwrite" government vehicles, all executive vehicles shall be fully insured commercially. Public Works and Government Services Canada is responsible for the purchase and administration of the proper insurance coverage. It pays up front for the coverage and invoices the appropriate departments accordingly on an annual basis.

Further information on insurance can be found in section 6.5 of the Executive Vehicle Policy, and in section 5 of it's guidelines.

The Treasury Board Contracting Policy is based on ensuring not only that the services and products needed to deliver an office's responsibilities are delivered, but also demonstrate fairness, openness and the achievement of best value in the spending of taxpayer's money. Key legislative, regulations and policy provisions govern government contracting activities. Government contracting must ensure prudence and probity, ensure the pre-eminence of operational requirements and when possible support long-term industrial and regional development as well as any other national objectives.

The Government Contracts Regulations require the solicitation of bids except where:

1. the need is one of pressing emergency in which delay would be injurious to the public interest;
2. the estimated contract expenditure is below $25,000;
3. the nature of the work is such that it would not be in the public interest to solicit bids; or
4. only one supplier can do the work.

As well, the government is signatory to three trade agreements that affect government procurement which establish thresholds for various types of procurement:

1. North American Free Trade Agreement, (NAFTA), Chapter 10;
2. World Trade Organization - Agreement on Government Procurement (WTO-AGP);
3. Agreement on Internal Trade (AIT) Chapter Five.

The Government Contracts Regulations are found in Appendix B of the Treasury Board Policy on Contracting. References and links to the trade agreements are provided throughout the policy. In addition to outlining key policy aspects of tendering, the policy also sets limits on a department's authority to contract without first seeking Treasury Board approval.

Contracting authorities must not split contracts or contract amendments in order to avoid obtaining either the approval required by statute, the Treasury Board Contracts Directive or appropriate management approval within the department or agency.

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.

Guidelines for the use of new technologies, such as e-mail, the internet and local area networks, are evolving within the Public Service. Ministers and Ministers of State, and their exempt staff, should seek guidance on their use from the appropriate departmental officials. Ministers, Ministers of State and their staff should consider electronic recorded information as identical to physical (e.g. print, photographs, documents etc.) recorded information.

In designing information systems, Ministers and Ministers of State must provide for the proper processing, handling and storage of classified and other sensitive information. Advice and assistance on meeting government-wide standards for physical, communications and electronic data processing security is available from the Departmental Security Officer.

Ministers, Ministers of State and their exempt staff have a responsibility to ensure that all Cabinet documents and official records are left in the custody of appropriate authorities. On leaving office, Ministers and Ministers of State must use the secure storage facilities and archival services offered by Library and Archives Canada for their personal and political papers. They should also take steps to remind individuals leaving their jobs of their continuing responsibilities to maintain the confidentiality of the sensitive information to which they have had access, to cancel all their authorities (e.g., access authorities, keys and locks) and to return all sensitive information to the appropriate authority. The designated security official in the Minister's office should terminate employment in person, and the process should be formally documented

The Access to Information Act (ATIA) gives the public the right of access to information in records controlled by government institutions. A Minister's or Minister's of State office is considered separate and distinct from the government institution thus, Ministers, Ministers of State, and exempt staff are not considered to be employees or officers of the institution. This interpretation is being examined in light of a recent decision by the Federal Court of Canada. The impact of this judgment is still being assessed and the question of whether or not the ATIA applies to ministerial records has yet to be resolved. Prior to making decisions on the disclosure of any records (including expense claims of Ministers and exempt staff), Minister's and Minister's of State offices should consult with their institution's legal services unit.

The Access to Information Act is based on two principles:

• government information should be available to the public; and
• necessary exceptions should be limited and specified by law.

The Access to Information Act complements the Privacy Act.

The Privacy Act governs the use, disclosure, collection, retention and disposal of personal information and expands previous statutory protection of personal information held by a government institution. The Privacy Act gives individuals the right of access to information about themselves which is held by a government institution. While the offices of Ministers and Ministers of State are not considered to be part of a "government institution" for the purposes of the Privacy Act, the following principles should nevertheless govern those offices:

1. Personal information should only be used or disclosed for a purpose consistent with the purpose for which it was obtained, unless the individual concerned consents to the new use or disclosure or the disclosure is required by law;
2. Access to personal information should be strictly limited to individuals who have a legitimate need to know;
3. Appropriate security safeguards shall be put into place and maintained to protect personal information from unauthorized disclosure; and
4. Personal information that is no longer needed should be disposed of unless its retention is required by law.

Records relating to Ministers, Ministers of State and exempt staff that are located in an institution may contain personal information that must be protected under the Access to Information Act and the Privacy Act. Such records should not be disclosed unless in accordance with these Acts.

Expense Claim Records about Ministers and Exempt Staff

On December 12, 2003, the government released Governing Responsibly: A Guide for Ministers and Ministers of State and Guidelines for Ministers' Offices-Administrative Practices, which stipulate that all travel and hospitality expenses for Ministers, Ministers of State, Parliamentary Secretaries, and their exempt staff will be provided on institutional web-sites (refer to section VI.5 of Governing Responsibly: A Guide for Ministers and Ministers of State at http://www.pco-bcp.gc.ca/default.asp?Language=E&Page=Publications&doc=guidemin/guidemin_toc_e.htm ). The document provides direction to institutions to help ensure that expense information is collected and presented consistently across government and in a manner that promotes transparency and facilitates public access.

Beginning on March 31, 2004, Ministers' and Ministers' of State offices are required to disclose publicly, through departmental web-sites, hospitality and travel expenses. Reports will cover a 90-day period, and Ministers, Ministers of State and their offices must report within 30 days of the end of the period being reported. This policy will also apply to Parliamentary Secretaries. A guidance document for posting the information on an institution's web-site can be found at: http://publiservice.tbs-sct.gc.ca/pd-cp/dthe-dfva/guidance-orientation-eng.asp.

Other records about expense claims of Ministers, Ministers of State, and exempt staff may contain personal information that must be protected under the Access to Information Act, unless consent to disclose is received from the individual(s). In view of court precedence that support this position, TBS issued an Implementation Report No. 78 dated March 30, 2001 (http://www.tbs-sct.gc.ca/atip-aiprp/impl-rep/impl-rep2001/78-imp-mise-eng.asp) and an Information Notice No. 2002-2004 dated March 18, 2002 (http://www.tbs-sct.gc.ca/atip-aiprp/in-ai/in-ai2002/2002-04-in-ai-eng.asp), to provide guidance concerning this matter. As well, in March 2002, the Secretary of the Treasury Board of Canada Secretariat wrote concerning this matter to his counterparts at all institutions subject to the Access to Information Act (Appendix H). All three documents outline the government's position on records relating to Ministers, Ministers of State, and exempt staff, inform institutions that records relating to expense claims of Ministers, Ministers of State, and their exempt staff may contain personal information and that other information might require protection under another exemption provision, and recommend that institutions should take reasonable steps to seek consent for the disclosure of such records directly from the individual about whom they relate.

Canada Evidence Act

The amendments to the Canada Evidence Act, known as Specified Public Interest rules, apply to the disclosure of records in instances where a court of law seeks from the government information that is relevant to a case.

Decisions on disclosing government information under the Access to Information Act and the Privacy Act can be reviewed independently of the government. Depending upon the applicable legislation, either the Information Commissioner or the Privacy Commissioner conducts the first level of review. The Federal Court, Trial Division, conducts the next level of review and cases can be brought before Federal Court of Appeal, and ultimately, the Supreme Court.

Within a department or an agency subject to the legislation, a designated departmental co-ordinator administers one of, or both Acts. This officer receives requests from the public, advises the Minister or the Minister of State and departmental officials on what should and should not be released, and ensures that a response is prepared. The co-ordinator must also ensure that personal information is protected, as required by the Privacy Act. In addition, departmental legal services provide legal expertise on access and privacy matters.

Both Acts specifically recognise the rights of access of individuals with sensory disabilities.

The following suggestions are designed to help Ministers and Ministers of State meet the requirements of this legislation:

• assign a single senior contact point within the Minister's or, Minister's of State office who is knowledgeable about the Acts and their impact on departmental operations, and who can deal directly with the departmental co-ordinator on ministerial records;
• keep institutional records segregated from personal and political records, and put in place the conventions set out in this document, especially the accounting procedures;
• review delegation orders under the Acts to ensure that the specific powers, duties and functions are set out and delegated to the appropriate level;
• ensure that appropriate reporting on the nature and progress of access requests is in place in the department ; and
• support sound departmental information management practices.

The Access to Information Act and the Privacy Act do not apply to records that fall under the category of Confidences of the Queen's Privy Council for Canada. Confidences of the Queen's Privy Council for Canada in general are excluded for 20 years, while discussion papers are excluded for up to 4 years. When an access request involves Cabinet confidences, Ministers and Ministers of State must consult the Privy Council Office before responding. The Deputy Minister or Access to Information Co-ordinator in each department can arrange this consultation.

NOTE: Ministers may transfer up to $100,000 from the budget for exempt staff salaries to the operating budget or vice versa (see Part 2 Financial Management, section 4.2 Transferring Funds).

NOTE: Ministers of State may transfer up to $50,000 from the budget for exempt staff salaries to the operating budget or vice versa (see Part 2 Financial Management, section 4.2 Transferring funds).

Director General,
Delegation Directorate, Policy Branch,
Public Service Commission,
18^th Floor, West Tower, 300 Laurier Avenue West,
Ottawa, Ontario, K1A 0M7.