The International Cooperation Group

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IMPROPER USE OF PUBLIC OFFICE

Aline Baroud
Andrew Gibbs

SELF-DEALING

Self-dealing arises where a public office holder, acting in his or her official capacity, awards a contract or other form of government business to himself or herself, or to a company in which he or she has an interest. This type of conduct is prohibited under the Parliament of Canada Act[61]. A contract is premised on the notion of two parties, opposed in interest, arriving at a negotiated agreement, to their mutual advantage. If the public official is acting on behalf of the government and has an interest in the other contracting party, the validity of the contract is undermined.

To avoid this situation, the Parliament of Canada Act expressly prohibits anyone who contracts with the state from being a member of the House of Commons. Further, any member of the House of Commons who has an interest in a contract with the government, or who knowingly sells goods or performs services for which public monies are paid, will be expelled from Parliament[62]. In fact, the election whereby the individual became a member is declared void[63] and the individual is fined $200 for each subsequent day that he or she continues to attend sessions of Parliament[64]. Despite the existence of these sanctions, there do not appear to be any instances where this law has been applied.

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