The International Cooperation Group

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IMPROPER USE OF PUBLIC OFFICE

Aline Baroud
Andrew Gibbs

SECRET COMMISSIONS

Along the same lines as accepting benefits from individuals having dealings with government, the Criminal Code provides a general prohibition against accepting or demanding a secret commission[48]. However, this section specifically requires a corrupt intention on the part of the person demanding or accepting the benefit. The Code here relies on the notion of agency, where one party, the agent, has authority to act on behalf of another party, the principal. The Code bans agents from corruptly demanding or accepting rewards, advantages or benefits of any kind as consideration for acting or forbearing to act on behalf of the principal, in relation to the principal's affairs or business. In other words, public officials, who are acting as agents for the government when awarding contracts and the like, must not accept a benefit of any kind in return for awarding the contract.

In addition to the Criminal Code, the Parliament of Canada Act also prohibits Parliamentarians from receiving any compensation for services rendered in relation to any business before Parliament[49]. This Act provides for a fine between five hundred and two thousand dollars for the members of the House of Commons[50]. For Senators, the fine is between one thousand and four thousand dollars[51]. Importantly, if a member of the House of Commons is found guilty under the Parliament of Canada Act, he or she would be disqualified from being a member of the House of Commons and from holding office in the public service of Canada for a period of five years[52].

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