Has MakeWay given any gifts that are prohibited?
Yes, in November 2023 the ORL issued a warning to MakeWay Charitable Society for purchasing coffee form a coffee shop for two public office holders in BC. In this instance, the ORL informed MakeWay that there did not appear to be the requisite “protocol or social obligation” necessary for this gift to be permitted.
For a gift to be exempt from the gift-giving prohibition, the gift must be given at a time when the public office holder is performing the duties and responsibilities of the office of the public office holder, there must be a relevant protocol or social obligation compelling the gift to be given, the gift must be one that would “normally accompany” the protocol or social obligations that connect to the public office holder’s duties of office, and the total value of all gifts to the public office holder must be less than $100 over any given 12-month period.