Public Declaration of Agreed Compliance Measures (Section 29)

As required under the Conflict of Interest Act
Statutory requirement(s):
29. Before they are finalized, the Commissioner shall determine the appropriate measures by which a public office holder shall comply with this Act and, in doing so, shall try to achieve agreement with the public office holder.
51. (1) The Commissioner shall maintain a registry consisting of the following documents for examination by the public:
(e)
any other documents that the Commissioner considers appropriate.
Additional relevant information:
Excerpt from the 2013-2014 Annual Report:
Conflict of interest screens are generally used if reporting public office holders are in positions where there is a significant possibility that they will be involved in discussions or decision-making that could affect their own private interests or those of a relative or a friend or an organization with which they have been connected. These arrangements can be made during the initial compliance process, during the annual review process or as a result of a material change to a reporting public office holder’s situation.
Kathy C. Penney · Deputy Lead Commissioner
No Longer Applicable
Declaration type
Compliance Measures
Disclosure date
December 23, 2019
Regime
Conflict of Interest Act

Description
Conflict of interest screens are preventive compliance measures, agreed upon pursuant to section 29 of the Conflict of Interest Act (Act) by a public office holder and the Conflict of Interest and Ethics Commissioner, to assist the public office holders in avoiding conflicts of interest. Screens also seek to minimize the possibility of conflicts arising between the public duties of the public office holder and their private interests or those of their relatives and friends.

The Conflict of Interest and Ethics Commissioner and I have agreed that a conflict of interest screen is an appropriate compliance measure for me, aimed at preventing any opportunity, while I exercise my official powers, duties and functions as a reporting public office holder, to further the private interests of my son, Ben Pike who participates in a Performance Share Unit Program as an employee of TransCanada Energy Corporation, or to give preferential treatment to TransCanada Energy Corporation or its subsidiaries.

Accordingly, I have agreed to abstain from any discussion, decision, debate or vote in relation to TransCanada Energy Corporation or its subsidiaries. I also agree not to have any communication with government officials in relation to any matter or decision-making processes involving TransCanada Energy Corporation or its subsidiaries on the basis of my son’s private interest.

This screen is administered by the Secretary of the Commission for Canadian Energy Regulator to ensure that I am neither made aware of nor participate in any official matters or decisions-making processes involving TransCanada Energy Corporation or its subsidiaries, unless their interest in the decision or matter is of general application.

The members of the staff of Canadian Energy Regulator, Members of the Commission as well as the Board Members of the Commission necessary for the purposes of the administration of this screen have been informed in writing about this conflict of interest screen.

I have undertaken to inform the Conflict of Interest and Ethics Commissioner at the earliest opportunity of all changes of which I become aware that relate to or should form part of the above list of matters caught by this screen.

In the event that I am made aware of a matter forming part of this screen or any such matter comes before me, I am required under section 21 of the Act to recuse myself from that matter. I must so inform the Conflict of Interest and Ethics Commissioner and, where appropriate, make a public declaration of recusal pursuant to subsection 25(1) of the Act.