Casual Legal: 'Tis the season for gifts & hospitality
DISCLAIMER: This article is meant to provide information to Alberta Municipalities members only and is not intended to provide legal advice. You should seek the advice of legal counsel to address your specific set of circumstances. Although every effort has been made to provide current and accurate information, changes to the law may cause the information in this article to be outdated. This content is not intended for the general public.
By Zoë Beckett
Reynolds Mirth Richards Farmer LLP
Alberta Municipalities Casual Legal Service Provider
As the winter holiday season begins, municipalities should review their governance documents to ensure they set clear expectations around the acceptance of gifts. Elected officials and municipal employees must ensure they follow applicable codes of conduct and other policies when accepting gifts, door prizes, or other benefits.
Although the Municipal Government Act, RSA 2000, c M-26 does not contain specific provisions that provide universal guidance or “rules” for the acceptance of gifts, there are provisions in the Criminal Code, RSC 1985, c C-46, that apply to every government official across Canada. As a result of Section 121(1)(a) of the Criminal Code, a councillor (or other government official) could face severe repercussions, including potential imprisonment, if they accept a benefit that is given, or perceived to be given, in an effort to influence, or manipulate them.
There is no clear distinction between a bribe and a gift, so municipalities should ensure their codes of conduct or other specific policy documents outline when a gift or offer of hospitality should and should not be accepted. A municipality may implement a clear gift acceptance policy, which will often include monetary limits or nominal value qualifiers for accepting a gift, reporting procedures, and the process for the acceptance of a gift from a third party. Conversely, a municipality may implement a strict “no gift” policy and choose to include certain exemptions for offers of hospitality, such as the acceptance of food or drinks that are incidental to a social event or offered as a clear gesture of appreciation, as well as the process to follow in declining gifts or other offers in a tactful manner.
As administration and councillors accept invitations and attend events this season, municipalities should ensure that their policies are clear and in line with provisions of the Criminal Code. If a municipality would like assistance reviewing their gift policy, or it is unsure whether an item is a gift or consideration for an unspoken promise, it should obtain legal advice before proceeding.
To access Alberta Municipalities Casual Legal Helpline, Alberta Municipalities members can call toll-free to 1-800-661-7673 or casuallegal [at] abmunis.ca (email) to reach the municipal legal experts at Reynolds Mirth Richards and Farmer LLP. For more information on the Casual Legal Service, please call 310-MUNI (6864) or riskcontrol [at] abmunis.ca (email) to connect with Alberta Municipalities Risk Management staff. Any Regular or Associate member of Alberta Municipalities can access the Casual Legal Service.
