Examination Report
As required under the Conflict of Interest Act
Statutory requirement(s):
An examination under the Act may be initiated at the request of a member of the Senate or House of Commons pursuant to subsection 44(1) or on the initiative of the Conflict of Interest and Ethics Commissioner pursuant to subsection 45(1) of the Act. As set out in subsection 44(3) of the Act, unless the Commissioner determines that the matter described in the request is frivolous or vexatious or is made in bad faith, the Commissioner is required to examine the matter. Subsection 44(7) requires that the Commissioner provide a report to the Prime Minister setting out the facts in question as well as the Commissioner’s analysis and conclusions in relation to the examination. Subsection 44(8) requires that, at the same time as a report is provided to the Prime Minister, a copy of the report also be provided to the Member who made the request and the current or former public office holder who is the subject of the report, and that it be made available to the public.
Additional relevant documents: Investigations: Information for Participants in the Process
Carla Qualtrough
· Minister of Employment, Workforce Development and Disability Inclusion
- Other documents
- Examinations (Act)
- Disclosure date
- April 22, 2020
- Regime
- Conflict of Interest Act
- Description
-
Pursuant to the Public Servants Disclosure Protection Act, the Public Sector Integrity Commissioner is mandated to review and report on disclosures of wrongdoing by public servants. However, where the subject matter of any disclosure received is within the jurisdiction of the Office of the Conflict of Interest and Ethics Commissioner (Office), the Public Sector Integrity Commissioner must, under subsection 24(2.1) of the Public Servants Disclosure Protection Act, refer the matter to this Office.
In this case, in a letter dated September 18, 2019, the Public Sector Integrity Commissioner referred to me, under subsection 24(2.1) of the Public Servants Disclosure Protection Act, a disclosure of an allegation of a conflict of interest made against the Honourable Carla Qualtrough, who at that time was Minister of Public Services and Procurement Canada. As a minister, Ms. Qualtrough was a reporting public office holder subject to the Act.
The allegation in the disclosure related to Ms. Qualtrough's appointment of Ms. Moreen Miller as Chairperson of the Board of Directors (Board) of Defence Construction Canada (Defence Construction), a Crown corporation, while Ms. Miller was also President and Chief Executive Officer of Fowler Construction, a private construction company that, according to the discloser, had strong ties to the Liberal Party of Canada. The discloser did not cite any provisions of the Act that were alleged to have been contravened. ?