A minister's vehicle, being the property of the Crown, is allotted a parking
space at the minister's office.
A minister's chief of staff is entitled to a 50-per-cent rebate on his or her
monthly parking charges at either Crown-owned or -leased premises, or
commercially operated parking premises. However, the amount reimbursed for
commercial parking premises shall not exceed 50 per cent of the established
monthly rate for Crown-owned or -leased parking spaces in that area.
Reimbursement for either private or Crown parking is deemed a taxable benefit
where the rate paid by the employee is not fair market value.
All other staff members must pay for their parking in government parking
areas at the same rates paid by public service employees.
A minister may, at his or her discretion, reimburse the relocation expenses
of appointees who accept employment as exempt staff at the EX-02 equivalent and
above. Any benefits are negotiated between the minister and the individual. Any
negotiated relocation assistance for those individuals would be paid from the
minister's own operating budget. Relocation assistance may
be up to the full provisions of the Integrated Relocation Program Directive (see
http://www.tbs-sct.gc.ca/pubs_pol/hrpubs/TBM_113/irp_e.asp).
A third-party service provider provides professional relocation assistance,
which is co-ordinated through each departmental national co-ordinator, who
should be the first point of contact for any relocation inquiries or assistance.
The letter of offer or other correspondence to be placed on the appointee's file
should clearly state the specific relocation expenses to be reimbursed to the
appointee, including a provision for the pro-rated recovery of expenses for
early voluntary termination of employment, consistent with Treasury Board
policies. There are no provisions for reimbursing relocation expenses on
completion of employment. No relocation expense should be incurred by the
appointee prior to obtaining formal authorization.
The Treasury Board Hospitality Policy can be found at http://www.tbs-sct.gc.ca/pubs_pol/hrpubs/TBM_113/HOSP_e.asp.
While events that a minister hosts personally are exempt from the Policy, the
guidelines set out in the 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 that should preferably
be government-owned, but that must never be commercial facilities that engage in
discrimination practices.
Because it might seem that ministers 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.
8.3.1.1 Accounting
When seeking reimbursement for hospitality expenditures, ministers 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]."
[minister's signature]
This certification is pursuant to section 34 of the Financial
Administration Act.
Along with their signed attestation, ministers are required to submit
original receipts and supporting documentation for hospitality and travel
reimbursements to appropriate departmental officials. Receipts under the control
of government institutions are subject to Access to Information (ATI)
legislation and thus obtainable through ATI requests.
Ministers are required to post all hospitality expenses on their departmental
Web site. These must be posted on a quarterly basis within 30 days following the
last day of the quarter and must include the following information:
- the total amount of hospitality incurred; and
- the establishment or restaurant where the hospitality occurred.
All parliamentary secretaries and exempt staff members of ministers will also
be required to post all hospitality expenses on the departmental Web site (see
section 8.3.2).
Ministers should maintain complete records of each hospitality occasion so
that they can respond to any questions that may arise later.
There may be instances when a minister requires a parliamentary secretary or
staff member to extend hospitality on behalf of the minister or 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 Hospitality Policy and all the
requirements for documentation shall be met. Claims for reimbursement should be
approved by the chief of staff or minister, as appropriate.
Separate claims should be submitted when a member of a minister's staff
claims reimbursement for his or her own hospitality expenses and for hospitality
disbursements made on behalf of the minister. The latter should be accounted for
separately, included in any reports of ministerial office expenses, and
accompanied by the ministerial certification.
Parliamentary secretaries and ministers' exempt staff are also required to
post all hospitality expenses on their departmental Web site. These must be
posted on a quarterly basis within 30 days following the last day of the quarter
and must include the following information:
- the name of the staff or exempt staff member who provided the hospitality;
- the total amount of hospitality incurred; and
- the establishment or restaurant where the hospitality occurred.
There may be restrictions on ministers, parliamentary secretaries, and exempt
staff receiving gifts, hospitality, or other benefits. For details, please
consult the Conflict of Interest and Post-Employment Code for Public Office
Holders, available at http://www.parl.gc.ca/oec-bce/site/pages/ethics-e.htm.
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 staff should contact
the Gift Bank, which is operated by the State Ceremonials Directorate 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.
In accordance with the Treasury Board Membership Fees Policy, part
of employee entitlements, (available at http://www.tbs-sct.gc.ca/pubs_pol/hrpubs/TBM_113/CHAP6_1_e.asp),
the department or agency may reimburse ministers' exempt staff for memberships
and registrations. Memberships are limited to departmental requirements and
should be held in the department's name whenever possible. Memberships that are
not a legal requirement of the position and whose main purpose is to increase
the public's contact with departmental operations should be authorized only in
the most exceptional circumstances. The reasons justifying these memberships
must be beyond question, particularly when they include social or recreational
facilities, considering exempt staff may have specific requirements in the
course of their political duties that are distinct and separate from
departmental requirements.
Participation in major international government conferences headed by a
minister should be limited to a delegation of eight Canadian representatives,
where possible. These eight include the minister's staff, but not essential
technical personnel.
The deputy minister of Foreign Affairs should be advised of delegations where
representation may include more than one department, in order to co-ordinate the
overall Canadian representation.
The lead departmental minister heading the delegation has the final decision
as to the number of representatives.
Under the Government Contracts Regulations, contracts to perform
legal services may be entered into only by or under the authority of the
minister of Justice.
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 www.tbs-sct.gc.ca/pubs_pol/hrpubs/tb_851/pila_e.asp.
Ministers 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
staff member in the conduct of portfolio or other official government business.
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