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Here is some general information to help public office holders understand the Conflict of Interest Act. This information notice explains when you may or may not accept a gift or other advantage. You should also read other information notices about the Act’s rules. Get confidential advice by calling 613-995-0721 or by sending an email. Source: Section 11, section 23 and subsection 25(5) of the Conflict of Interest Act. You and your family members may be offered gifts or other advantages directly or indirectly by individuals, trusts, and organizations, including non-profits and charities, and by provincial, territorial or municipal public sector organizations. Before accepting a gift, you must consider the Conflict of Interest Act. After accepting a gift, you may have to tell the Commissioner’s Office about it, publicly declare it, or even forfeit it. If you are a Member of the House of Commons, you must also follow the gift rules in the Conflict of Interest Code for Members of the House of Commons. 1. What is a gift or other advantage? Gifts or other advantages can take many forms, including: Money (if you do not have to repay it and nobody expects you to)Consumer goods such as books, flowers, artwork, furniture or wineProperty such as vehicles, offices, houses or cottagesThe use of property or facilities at no cost or for less than their commercial valueMembership in a club or other organization at no cost or for less than its commercial valueServices, such as dry cleaning or a haircut, at no cost or for less than their commercial valueMeals, travel or accommodation costs paid for by another individual or organizationInvitations or tickets to attend an event, such as a sports match, gala, concert, play or fundraiser, at no cost or for less than its commercial value. Gifts or other advantages, including invitations, offered by a federal government entity or a federal parliamentary entity are not considered gifts or other advantages for purposes of the Act. This means they are not subject to the acceptability test (see below), and you do not need to publicly declare them. Federal government entities and federal parliamentary entities include federal departments, agencies and Crown corporations, the Senate and the House of Commons. 2. What is the Act’s gift rule? The Act’s gift rule prohibits you and your family members from accepting any gifts or other advantages that might reasonably be seen to have been given to influence you in the exercise of an official power, duty or function. Simply put, you and your family members cannot accept a gift if it could look like the donor wanted to affect how you do your job. Your family members are your spouse or common-law partner, your dependent children, and the dependent children of your spouse or common-law partner. 3. Are there exceptions to the gift rule? There are three exceptions to the Act's gift rule: a) Gifts or other advantages permitted under the Canada Elections Act The Canada Elections Act contains rules about gifts or other advantages that apply to candidates during an election period, or during a nomination or leadership campaign. Elections Canada can advise you on how to follow those rules. b) Gifts or other advantages from a relative or friend You are allowed to accept gifts or other advantages given by a relative or friend that they have personally paid for. Examples are those offered in a personal setting and on a personal occasion, such as a birthday, wedding, anniversary or retirement. You do not need to tell the Commissioner’s Office about these or publicly declare them. The Commissioner has interpreted “friend” to mean individuals with whom a public office holder shares a close bond of friendship, a feeling of affection or a special kinship. It does not include members of a broad social circle of business associates or colleagues unless such a relationship has developed. You are not allowed to exercise an official power, duty or function that provides an opportunity to further the private interests of your relatives or friends. c) Gifts or other advantages received as courtesy, protocol or customary standards Examples of gifts or other advantages received as a normal expression of courtesy or protocol: A token expression of appreciation received in the context of some official interaction (where you are performing a ceremonial or representational role at an event, as a speaker, presenter, host or government representative).Trinkets or favours, such as pins, pens, notepads, key chains, T-shirts or inexpensive carrying cases given to event attendees.A ceremonial gift or other advantage, given by a visiting official from a foreign or international organization, that is reasonably proportionate to the official duties or functions you exercise during that interaction. Examples of gifts or other advantages that are within the customary standards that normally accompany your position: Entrance fees to a conference where you are a keynote speaker in your official capacity.Low-value gifts or hospitality (i.e., with a commercial value of less than $40 before taxes or shipping) received from interested parties or registered lobbyists during an in-person gathering. Such cumulative gifts or hospitality received from the same source must not exceed $200 in a 12-month period. To ensure consistency of application, both the Act and the Lobbyists’ Code of Conduct (2023) have adopted the same meaning for low-value amounts and annual limits on gifts. Gifts from Indigenous groups are considered a normal expression of protocol when they are given in the context of an official interaction, and are acceptable but declarable if the value is $200 or more. A ceremonial gift or other advantage, given by a visiting official from a foreign or international organization, that is reasonably proportionate to the official duties or functions you exercise during that interaction. 4. How do I decide whether to accept a gift? When you are offered a gift or other advantage, you should ask yourself if a reasonable person might think it was given to influence you. The question is not whether the person or organization who gave it to you intended to influence you, or if you were indeed influenced. This is known as the acceptability test. You should consider who is offering the gift, and why it is being offered. The donor’s current or future relationship with you and your office is particularly important. Gifts or other advantages that could reasonably be seen to have been given to influence include those from: someone who is registered to lobby you or your office. You should consult the federal Registry of Lobbyistssomeone whose interests could be affected by a decision you may be called upon to make. 5. Do I have to report the gifts I accept? If you are a reporting public office holder, you must do the following. Publicly declare: Any single gift of other advantage that you or a member of your family accepts (other than one from a relative or friend), if it has a commercial value of $200 or more. You must submit a public declaration within 30 days after you or your family member accepted it. Disclose to the Commissioner’s Office (by sending an email): Multiple gifts from one source that you or a member of your family accepts, when their total commercial value in a 12-month period adds up to more than $200. You must disclose them within 30 days after the day on which the value exceeds $200. Acceptable gifts worth less than $200 do not need to be publicly declared or disclosed to the Office. The commercial value is the amount one would have to pay in Canada to purchase a similar item. If you miss these deadlines, you risk an administrative monetary penalty. It is a good idea to speak with your advisor in the Commissioner’s Office whenever you or a family member accepts a gift or other advantage that was given in connection with your public duties. 6. Do I have to forfeit any gifts? You may accept gifts or other advantages received as a normal expression of courtesy or protocol or that are within the customary standards that normally accompany your position. You must forfeit them if they have a commercial value of $1,000 or more, unless you apply for and receive an exemption from the Commissioner. Your department is responsible for managing forfeited gifts and other advantages. 7. When should I ask for advice? Any gift or other advantage that does not pass the acceptability test and does not fall within the exceptions is prohibited. You or your family member must refuse it. You may, however, face situations where refusing the offer of a gift, hospitality or other advantage may cause offence to the donor, or its acceptance may contravene the acceptability test. In such instances, you have the options of: returning it immediatelyreimbursing the donor for its commercial value, orredirecting it to a registered charity of your choosing, provided you do not get a benefit from the donation. 6. Has the Commissioner done any investigations about gifts? These examination reports focus on the acceptability of gifts under the Conflict of Interest Act: The Trudeau Report (December 2017) The Bennett Report (November 2016) The Vennard Report (September 2016) The Bonner Report (February 2015) The Paradis Report (August 2013) The Raitt Report (April 2012) The Dykstra Report (September 2010) The Raitt Report (May 2010)
Here is some general information to help public office holders understand the Conflict of Interest Act. You should also read our information notices on post-employment rules and outside activities. Get confidential advice by calling 613-995-0721 or by sending us an email. Source: Section 10 and section 24 of the Conflict of Interest Act 1. What does the Conflict of Interest Act require? The Act prohibits public office holders from being influenced in the exercise of an official power, duty or function by plans for, or offers of, outside employment. When reporting public office holders receive firm offers of outside employment (that is, employment not subject to the Act) or accept such offers, they must disclose this information to the Commissioner's Office. 2. Firm offers of outside employment while you are a reporting public office holder You must disclose all firm offers of outside employment to the Commissioner’s Office within seven calendar days after receiving them. The term “outside employment” refers to employment that falls outside the scope of the Act’s substantive conflict of interest rules, and only includes positions that create an employer/employee relationship. It encompasses employment with the private sector, a provincial or municipal government entity, or a political party. It does not include employment as a public office holder, or with a federal government entity or federal parliamentary entity: Federal government entity includes a department or agency of the Government of Canada, a Crown corporation established by or under an Act of Parliament, a fully owned subsidiary of a Crown corporation, and any entity to which the Governor in Council may appoint a person.Federal parliamentary entity includes the Senate, the House of Commons, the Library of Parliament, the Office of the Senate Ethics Officer, the Office of the Conflict of Interest and Ethics Commissioner, the Parliamentary Protective Service, and the Office of the Parliamentary Budget Officer. A “firm offer of employment” includes any serious offer, whether written or verbal, even if you do not consider it further. A legally binding agreement does not need to be in place for an offer to be firm. The conditions for a firm offer would, for example, be met once discussions have started about things like salary, vacation, and benefits. If you are considering accepting an offer, your advisor will review your disclosure and advise you if you can accept it given your current or post-employment obligations. 3. Accepting an offer of outside employment while you are a reporting public office holder If you subsequently accept an offer of outside employment, you must also disclose this acceptance in writing to the Commissioner's Office within seven calendar days. You should not wait until a letter of offer or agreement is formally signed and executed. You should advise the Office when you have accepted the offer even if there are still some matters open to negotiation between you and your future employer, such as a starting date, salary and benefits. When the Commissioner's Office receives your disclosure, your advisor will give you additional guidance on your current and post-employment obligations. 4. How the commissioner calculates the deadline to disclose the receipt and acceptance of a firm offer of outside employment To calculate the seven-calendar-day deadline to disclose all firm offers of outside employment and their acceptance, the Commissioner does not count the day on which the offer was received or accepted, but the seven days after the day on which it was received or accepted. 5. Offers of employment once you have left office You do not have to disclose offers of employment that you receive after you leave public office. However, we recommend that you contact the Commissioner’s Office during your cooling-off period or when in doubt, for guidance on meeting your post-employment obligations. 6. Failure to comply with the disclosure requirements If the Commissioner finds a public office holder has not met the disclosure requirements, he may impose an administrative monetary penalty of up to $500. Penalties are posted in the public registry. When the Commissioner has reason to believe that a public office holder or a former public office holder was influenced in the exercise of an official power, duty or function by plans for, or offers of, outside employment, he may commence an investigation and issue a public report.
Here is some general information to help reporting public office holders understand the Conflict of Interest Act. This information notice explains how you can get reimbursed (paid back) for certain expenses when you divest certain assets (sell them or place them in a blind trust) or withdraw from (quit) certain activities. You should also read about divestment and blind trusts, complying with the Act and categories of assets. Get confidential advice by calling 613‑995‑0721 or sending an email. Source: Section 31 of the Conflict of Interest Act As a reporting public office holder under the Conflict of Interest Act, you are not allowed to have publicly traded securities (investments that are bought and sold on a public stock exchange) or other controlled assets. You must sell them in an arm's-length transaction (where there is no special or close connection between you and the buyer) or put them in a blind trust. This means giving your assets to another person to manage. They will make all the investment decisions without you knowing where your money is being invested. The Commissioner may exempt certain assets from divestment if their total market value is so minimal ($60,000 or less) that they do not pose any risk of conflict of interest in relation to your official duties and functions. You may also have to quit activities that the Act does not allow. 1. What costs can be reimbursed? If you decide to place controlled assets in a blind trust, you may be able to get back the money you pay for the services of a trustee, lawyer, accountant, notary, investment broker or financial advisor. The Commissioner may order the reimbursement of certain reasonable administrative costs linked to setting up, managing, running and ending the trust. If you decide to sell your assets, you may be able to get money back for commissions for transferring, converting, or selling assets. However, they must not qualify for a tax deduction under the Income Tax Act. Costs of removing your name from a federal or provincial corporate registry in relation to a withdrawal from activity can also be reimbursed. 2. What costs cannot be reimbursed? Regular operating expenses of a business or commercial entity.Costs of winding down a business.Costs of buying allowed assets using money from the sale of other assets that you were required to sell.Any income tax adjustment that may result from the reimbursement of trust costs.Costs related to a personal tax report. 3. What is the maximum annual amount that can be reimbursed for maintaining a blind trust? Amounts that may be reimbursed to cover the annual costs of maintaining and managing a blind trust are calculated as percentages of its market value at the end of the billing period, up to certain maximum rates each year (see table below). The maximum amount is calculated before any taxes that might apply. As of December 1, 2023, the maximum annual amount does not include fees for preparing blind trust tax returns. Neither does it include fees for preparing the written annual report the trustee must give the Commissioner under paragraph 27(4)k) of the Conflict of Interest Act. These fees, if reasonable, will be considered for full reimbursement. Total market value of trustMaximum annual rate End date of billing period (before January 1, 2023)End date of billing period (after January 1, 2023)$35,000 or less $500$700More than $35,000on first $500,0001.50%2.00% on next $500,0001.25%1.50% on next $1,000,0001.00%1.25% on next $1,000,0000.75%1.00% on next $2,000,0000.50%0.50% on balance over $5,000,0000.25%0.25% Example: On January 31, 2025, the market value of a trust at the end of the billing period is $5,200,000. The annual maximum amount that can be reimbursed is calculated as follows: Total fair market valueCalculationAmounton first $500,0002.00% x $500,000$10,000on next $500,0001.50% x $500,000$7,500on next $1,000,0001.25% x $1,000,000$12,500on next $1,000,0001.00% x $1,000,000$10,000on next $2,000,0000.50% x $2,000,000$10,000on balance over $5,000,0000.25% x $200,000$500Maximum amount eligible for reimbursement (before taxes)$50,500 When you leave public office, you will only have a short time to have these maintenance costs reimbursed. The clock starts ticking after the date your employment ends or the date the Commissioner notifies you that the trust may be terminated, whichever is earlier. 4. How can costs for maintaining and managing a trust be billed? When you set up a blind trust, you need to choose how often your trustee sends invoices (bills) for maintenance costs. There are three options: Quarterly (every three months) – 1/4 of maintenance costs for the yearSemi-annually (twice a year) – 1/2 of maintenance costs for the yearAnnually (once a year) – Total maintenance costs for the year The method you choose will stay the same for the whole time the trust is active. If you ask for reimbursement for a period shorter than 12 months, the refund amount will be adjusted based on the number of months covered. The maintenance costs for the month when the trust begins will be calculated from the first day of that month until the last day of that month. Example: The invoice from a trustee is for expenses in the last quarter (three months). Based on the example above, you can get back up to $50,500 for the year based on the trust's market value at the end of the billing period. So, for each three‑month period, the most you can get back is $12,625 or one fourth of $50,500 (1/4 x $50,500 = $12,625). 5. Can prepaid expenses be reimbursed? Invoices for costs that you paid for in advance will only be repaid when all the work they cover has been done. 6. How do I ask for reimbursement? You must send the Commissioner an official request for reimbursement that contains: Invoice(s) or statement(s) that include a detailed breakdown of the costs or services performedFor maintenance costs of a trust, the trustee must provide: Confirmation of the period covered by the invoice(s)The market value of the assets in the trust at the end of each claim periodA financial statement supporting the market value Send your request for reimbursement by email or mail to: Office of the Conflict of Interest and Ethics CommissionerParliament of CanadaOttawa, Ontario K1A 0A6 Email: finance@cie.parl.gc.ca Telephone: 613-995-0721 7. What happens next? The Commissioner will decide what amount is eligible for reimbursement and may issue an order for reimbursement to the Deputy Head or Chief Financial Officer of your current organization or department. That entity is responsible for reimbursing you. The Office will give you a copy of the order so you can follow up with the finance directorate of your organization or department.
This document explains how ministers, ministers of state, parliamentary secretaries, and ministerial staff must follow the Conflict of Interest Act when taking part in political activities. Get confidential advice by calling 613‑995‑0721 or sending an email. Ministers, parliamentary secretaries, and members of ministerial staff who work on average 15 hours or more a week are subject to the Conflict of Interest Act as reporting public office holders (ministers and parliamentary secretaries also face some extra rules). Ministerial staff members who work on average less than 15 hours a week are subject to the Act as public office holders without reporting obligations. Political activities include: Working to support or oppose a political partyWorking to support or oppose a candidate in an electionFundraising for candidates seeking the leadership of a political partyBeing a candidate for the leadership of a political partyTrying to get nominated as a candidateRunning for office These activities can involve federal, provincial or municipal politics, and may take place during or outside of an election period. 1. Does the Act restrict my political activities? No. While section 15 of the Act restricts reporting public office holders' outside activities (activities that are not part of their official duties), it does not restrict their political activities. When taking part in political activities like fundraising, keep in mind that you are not allowed, under section 16 of the Act, to personally solicit funds from any person or organization if that would place you in a conflict of interest. If you are a ministerial staffer and engage in political activities, you should do so in your personal time. You should not use resources from your position as a public office holder for political activities. 2. Do I need to tell the Commissioner's Office about my political activities? You must tell the Commissioner's Office, within 30 days, about any material changes (changes to the information you gave the Office in your Confidential Report). They include any new board of director position with a political party or riding association, and any leave without pay. 3. Does the Conflict of Interest Act apply to me during a federal election period? A federal election period starts when the Governor General dissolves (ends) Parliament on the advice of the Prime Minister. If you are a minister or work for a minister, even if you are on leave without pay, you must continue to follow the Act's compliance rules. If you resign (quit), or your position was terminated (cut), you must follow the Act's post-employment rules. If you are a ministerial staffer who works on average less than 15 hours a week, you must keep following the Act's rules for public office holders without reporting obligations. If you are a parliamentary secretary, your position ends when an election starts (see subsection 46(3) of the Parliament of Canada Act). This means you must follow the Conflict of Interest Act's post-employment rules for former reporting public office holders. 4. Does the Act apply to me if I am on leave without pay? If you are a minister or work for a minister, you are still subject to the Act during a leave without pay. 5. Are there any other rules I need to follow? Other government guidelines and policies on political activities may apply to you. They include: Treasury Board's Policies for Ministers' Offices. It contains rules on election leave for ministerial staff.The Privy Council Office's Guidelines on the Conduct of Ministers, Ministers of State, Exempt Staff and Public Servants during an Election.Guidelines for the Political Activities of Public Office Holders. These are appended to the Prime Minister's Open and Accountable Government guidance document.Your terms and conditions of employment. They may address political activities. The Commissioner's Office does not administer any of these instruments, so we cannot advise you on how to comply with them. We recommend you consult the appropriate departmental officials before taking part in any political activity.
Here is some general information to help public office holders understand the Conflict of Interest Act. This document explains how to meet its recusal requirement. You should also read about complying with the Act and conflict of interest screens. Get confidential advice by calling 613-995-0721 or sending an email. Source: Section 6, section 21 and section 25 of the Conflict of Interest Act Recusal—stepping away from any discussion, decision, debate or vote on any matter in which they have a conflict of interest—is the best way for public office holders to address or manage a conflict of interest situation. Recusal is a cornerstone of an effective conflict of interest regime. The Conflict of Interest Act's recusal requirement applies to all public office holders. 1. What is a recusal? A recusal means removing yourself as a decision-maker from a particular matter because of a conflict of interest. Recusing means having nothing to do with the matter. A recusal is different from an abstention. It is more than simply staying silent during a discussion or refraining from voting, because the mere presence of an individual can influence another participant. 2. When do I have to recuse myself? You must recuse yourself from any discussion, decision, debate or vote on any matter where there is an opportunity to further your private interests or those of your relatives or friends, or to improperly further the private interests of anyone else. The outcome—that is, whether or not those private interests were furthered—is not relevant. For example, you would have to recuse yourself from a meeting organized between your department and your spouse to discuss a contract between the government and your spouse's employer, whether or not their employer gets the contract. If you are on a public sector entity's board of directors, you must recuse yourself from evaluating any funding requests from a company you own, whether or not the company gets any funds. You must recuse yourself from a hiring process in which your friend is a candidate, whether or not they are hired. The Act's recusal requirement is set out in section 21. It supports the prohibition in subsection 6(1) against making a decision or participating in decision-making if you know or reasonably should know that it would place you in a conflict of interest. To identify if a recusal is required, ask yourself the following questions: Do I have a private interest, such as a financial interest, in this matter?Do I have a relative or friend whose private interests could be affected by the matter?​ 3. How do I recuse? To recuse yourself, you must first declare your conflict to other participants. Then you must remove yourself from the location—physical or virtual—where the discussion, decision, debate or vote is taking place, so your mere presence cannot be seen to influence others. For in-person meetings, this means leaving the room. For conference calls and online meetings, it can mean exiting the meeting call, or being moved to a virtual waiting room. You cannot be present for, listen to, or observe the discussion or decision-making process. Recusing also includes not sending emails or talking about the matter with colleagues. If you are contacted directly by phone by an individual or an entity with whom you are in a conflict of interest, you must inform them of your conflict and tell them you cannot help them. You must also contact your advisor to disclose this recusal. If you are contacted directly by email by an individual or an entity with whom you are in a conflict of interest, you must contact your advisor to determine the best course of action. 4. Are there any exceptions to the Act’s recusal requirement? You do not have to recuse when your interest in a matter is not a private interest An interest in the following matters is not considered a private interest under the Act. Therefore, you do not have to recuse yourself from discussions, decisions, debates or votes on matters that: are of general application. This exception applies equally to an undetermined number of persons who fall within the jurisdiction of the decision-maker. A matter of general application does not apply to a specific person or group of persons, or to a particular situation.affect you as one of a broad class of persons. This is a personal exception for public office holders only. A broad class includes a large number of persons who may have all sorts of characteristics or attributes, but share at least one important one. Examples of broad classes of persons might be occupational groups (teachers, lawyers, farmers, etc.) or other readily identifiable groups, such as homeowners or children, that include a large number of people. Your advisor can help you determine if this exception applies to you.concern the pay or benefits associated with being a public office holder. Ministers and parliamentary secretaries may abstain instead of recusing in the House of Commons If you are a minister or parliamentary secretary, you must abstain—rather than recuse—from debates or votes in the House of Commons or at committee on matters that would put you in a conflict of interest. This means you do not have to leave the House of Commons chamber or committee room while the debates or votes are taking place. Instead, you may stay and just observe. Ministers and parliamentary secretaries are also subject to the rules in the Conflict of Interest Code for Members of the House of Commons (sections 12 and 13). If Members are present during a discussion in the House or in committee of a matter that might affect their private interests, they must disclose, orally or in writing, the general nature of the interest. They must also disclose its general nature in writing as soon as possible to the Clerk of the House. The Clerk will include the disclosure in the Journals and send it to the Commissioner, who will post it in the public registry. When a discussion that affects your private interests comes up in any other circumstances involving your parliamentary duties and functions, you must disclose your private interest as soon as possible to the party concerned and notify the Commissioner in writing.​ 5. Do I need to report recusals? Reporting public office holders If you are a reporting public office holder and have recused to avoid a conflict of interest, you must tell the Office about the recusal as soon as possible. You can use the Declaration Portal or contact your advisor. You must also publicly declare the recusal within 60 days after the day it took place. Your public declaration must include enough detail to identify the conflict of interest that you avoided. If you do not publicly declare a recusal on time, you risk an administrative monetary penalty of up to $500. You do not have to publicly declare a recusal if the matter falls under one of the Act's exceptions to this reporting requirement. For example, a recusal declaration will not be published if the very fact of the recusal could reveal, directly or indirectly, a Cabinet confidence (information contained in certain types of documents presented to or considered by Cabinet). Please speak with your advisor to see if an exception applies. Public office holders without reporting obligations If you are a public office holder without reporting obligations, you do not have to report recusals. However, you should make sure your recusals are clearly documented in meeting agendas and minutes, your organization's list of conflicts of interest, and other records. 6. Can the Commissioner order a recusal? Yes. Under section 30 of the Act, the Commissioner may order you to take any compliance measure, including recusal, that the Commissioner determines is necessary to comply with the Act. Compliance orders are posted in the public registry. 7. Do I have to recuse if I have a conflict of interest screen? Having a conflict of interest screen makes it less likely you will be involved in discussions or decision-making processes on matters that could give rise to a conflict of interest. That is because those matters will not be brought to your attention so you will not be aware of them. However, you may still become aware of a matter that should have been caught by the screen. If that happens, you must recuse yourself from any discussions or decisions about it, redirect them to your screen administrator, and publicly declare the recusal. 8. What happens if I do not recuse when I should? If the Commissioner has reason to believe that a reporting public office holder has contravened the Act, the Commissioner may investigate and issue a public report. 9. Has the Commissioner done any investigations about recusals? Yes. These examination reports deal with recusals under the Conflict of Interest Act: Ouimet Report Verschuren Report Ng Report Morneau II Report Trudeau III Report Leblanc Report Chapman Report Morneau Report The Trudeau Report The Fonberg Report The Watson Report
Here is some general information to help public office holders understand the Conflict of Interest Act. You should also read other information notices about the Act’s rules. Get confidential advice by calling 613-995-0721 or by sending us an email. Source: Part 3 (sections 33 to 42) of the Conflict of Interest Act The Conflict of Interest Act contains rules that you must follow even after you leave public office. There are post-employment rules for all former public office holders, and extra rules for former reporting public office holders and ex-ministers. 1. Rules for all former public office holders These rules apply for life and are not subject to any exemption, waiver, or reduction. You must not: Take improper advantage of your previous public office.Switch sides on a specific proceeding, transaction, negotiation or case to which the Crown (the government) is a party—that is, work for or represent a person or organization on that matter after you acted for or advised the Crown on it.Advise a client, business associate, or employer using information you got while in office and that is not available to the public. 2. Extra rules for former reporting public office holders You must observe what is commonly called a “cooling-off period” after your last day in public office. The cooling-off period is two years for former ministers and ministers of state, and one year for all other former reporting public office holders. During that time, you must not: work for, contract with, or serve on the board of directors of an entity, other than a federal government entity or federal parliamentary entity, if you had direct and significant official dealings with it during your last year in public office, ormake representations on behalf of a person or entity to a department, organization, board, commission, or tribunal that you had direct and significant official dealings with during your last year in public office. A federal government entity includes a department or agency of the Government of Canada, a Crown corporation established by or under an Act of Parliament, a fully owned subsidiary of a Crown corporation, and any entity to which the Governor in Council may appoint a person. A federal parliamentary entity includes the Senate, the House of Commons, the Library of Parliament, the Office of the Senate Ethics Office, the Office of the Conflict of Interest and Ethics Commissioner, the Parliamentary Protective Service, and the Office of the Parliamentary Budget Officer. Dealings include negotiations, briefings, contracts, and the making of representations. Dealings are official if they are about government business and activities. Direct dealings do not necessarily require personal contact. They can be direct if you tell staff to act on your behalf. They can also be direct if you influence a decision or exercise authority and decision-making power in relation to them. Whether dealings are significant depends on several factors. These include: The importance of their subject matter to either of the parties involved.The role you played before or during the dealings and if you followed up after within your organization or with the entity.Their nature and subject matter (for example, if the dealings were about a request for funding, policy changes, or legislation). Determining if you have had direct and significant official dealings with an entity depends on the circumstances of each case. Please contact your advisor for guidance. During your cooling-off period, you must also tell the Commissioner about certain communications and meetings you arrange with public office holders. (Please see item 5.) 3. Extra rules for former ministers and ministers of state During your entire two-year cooling-off period, you must not make representations to a current minister who was in Cabinet at the same time as you were. 4. Requesting an exemption, reduction, or waiver Ministerial staff who worked on average 15 hours or more a week may apply for an exemption to the rules that apply during the cooling-off period. There are eligibility criteria in the Act. Any reporting public office holder or former reporting public office holder may ask the Commissioner to waive or reduce the cooling-off period. The Commissioner will consider the factors listed in the Act and decide if it is in the public interest to grant a waiver or reduction. If one is granted, the Commissioner will publish the decision and the reasons for it in the public registry. Waivers, reductions, and exemptions do not reduce or remove your obligations under the Lobbying Act. 5. Reporting certain activities to the Commissioner During their cooling-off period, former reporting public office holders must report to the Commissioner certain communications and meetings arranged with public office holders. Who is considered a public office holder for purposes of this section? An officer or employee of any federal department or agencyA member of the Senate or the House of Commons and any member of their staffA Governor in Council appointee (other than judges and provincial lieutenant governors)An officer, director or employee of a federal board, commission, or other tribunalA member of the Canadian ForcesA member of the Royal Canadian Mounted Police Which communications and meetings must I report? You must report every communication you have with a public office holder about: The development of legislative proposals by the Government of Canada or by a member of the Senate or House of CommonsThe introduction of a bill or resolution in either the Senate or the House of Commons, or the passage, defeat, or amendment of such a bill or resolutionThe making or amendment of regulationsThe development or amendment of any Government of Canada policy or programThe awarding of a grant, contribution, or other financial benefit by the Government of CanadaThe awarding of a contract by or on behalf of His Majesty in right of Canada You must also report any meetings you have arranged between a public office holder and any other person, whether or not the meeting actually happens and whether or not you attended. You must report these communications and meetings even if, in your view, no lobbying has taken place. How do I report them? You must file a section 37 return and should do so as soon as possible. You must also inform the Commissioner if any information in a section 37 return is no longer correct or if, since filing it, you have learned new information that the form requires. 6. What happens if I don’t follow the post-employment rules? If the Commissioner has reason to believe a public office holder has not met their post-employment obligations, he may investigate and report publicly on the investigation. If the Commissioner finds a former reporting public office holder has not followed the post-employment rules, he can order current public office holders not to have any official dealings with them. 7. Has the Commissioner done any investigations about post-employment? Yes. These examination reports deal with the Conflict of Interest Act’s post-employment rules: The Kosick Report The Toews Report The Sullivan Report
This document is intended to provide general information about your obligations under the Conflict of Interest Act. It must be read in conjunction with our information notices on complying with the Act, categories of assets, reimbursement of costs associated with divestment of assets and withdrawal from activities, as well as the summary of rules for reporting public office holders. Public office holders are encouraged to contact the Office for confidential advice about their individual situation. Please call 613‑995‑0721 or send us an email. Source: Section 17, section 27, section 30 and section 31 of the Conflict of I​​nterest Act 1. What is required by the Conflict of Interest Act? As a reporting public office holder, you are prohibited from holding controlled assets and must divest yourself of these assets. Controlled assets means assets whose value could be directly or indirectly affected by government decisions or policy, including items such as publicly traded securities, self-administered registered funds or plans, commodities, and stock options. The Commissioner may also order a public office holder and a reporting office holder to divest themselves of certain assets that give rise to a conflict of interest. In addition to divestment, the Commissioner may also determine other appropriate measures. 2. How will I know which assets to divest? The Office will review the Confidential Report that you are required to submit within 60 days after your appointment and will direct you on which assets to divest. If you are a minister of the Crown, minister of state or parliamentary secretary, you must divest yourself of all controlled assets unless the Commissioner approves otherwise because they are given as security to a lending institution. For other reporting public office holders, in addition to the same exception previously mentioned, the Commissioner may exempt certain controlled assets from divestment upon determining that the assets are of such minimal value that they do not constitute any risk of conflict of interest in relation to your official duties and functions. The practice of the Office has set this minimal value exemption at $60,000. 3. What are the acceptable methods of divestment? You must divest your controlled assets either by selling them in an arm's-length transaction (that is to say, to someone other than a relative, friend or business associate), or by placing them in a blind trust within 120 days after your appointment. Failure to do so may result in an administrative monetary penalty of up to $500 which is made public on the public registry. The blind trust must be maintained for as long as you remain in public office or until the trust assets have been depleted. The Act requires you to submit proof of divestment to the Commissioner. 4. What is a blind trust? A blind trust is a type of trust (a property interest held by one person for the benefit of another) in which the trustee holds legal title to the assets—unless the assets are in a registered account—and is empowered to administer the assets of the trust without any input from the trust's reporting public office holder. The trustee may not provide the reporting public office holder with any information about the day-to-day operations of the trust. When you divest your assets through a blind trust, the terms and conditions of the agreement to be signed must meet the requirements set out in the Act. The Office will provide you with a list of sample clauses that this agreement should contain. 5. Who can serve as a trustee? The trustee must be: a public trustee;a public company, including a trust company or investment company that is known to be qualified to perform the duties of a trustee; oran individual who may perform trustee duties in the normal course of their work. The Commissioner must be satisfied that an arm's-length relationship exists between you and your trustee. 6. Restrictions on sharing information You are restricted in terms of the instructions you can provide to your trustee. General investment instructions may be included in a blind trust agreement, but must be submitted in writing for the prior approval of the Commissioner. For example, instructions may provide for proportions to be invested in various categories of risk but may not be industry-specific, except in cases where there are legislative restrictions on the types of assets that you may own. Your trustee is also restricted from sharing information with you. They cannot: disclose to you (or to anyone else on your behalf) the composition, nature or details of the trust assets;seek or accept instruction, direction or advice from you (or anyone else on your behalf) with respect to the trust assets, including the investment, disposition, administration and management of those assets. However, there are limited exceptions to these restrictions. Your trustee may provide the following: periodic reports regarding the trust's overall net worth and any decrease or increase in its value. This must be done without disclosing the specific investments in the trust, or the nature of transactions which the trustee has made or is contemplating;information regarding the capital gains or losses and income of trust assets, as may be required for you to prepare applicable tax returns, along with other similar returns required by law. 7. Substituting trustees The substitution of a trustee may be done only with the prior approval of the Commissioner. Once approved, the trust assets must be transferred in a manner that preserves the confidentiality of the trust assets. 8. Reporting For those trusts established before November 20, 2019, the trustee must file a written report to the Office covering the preceding calendar year no later than March 31 of each year. For those trusts established after this date, trustees must file this written report to the Office on every anniversary of the establishment of the trust. The report must confirm the nature and market value of the trust, a reconciliation of the trust property, the net income of the trust for the preceding year and the trustee's fees. 9. Terminating blind trusts When the Office is informed of your last day in public office as a reporting public office holder, the Commissioner will send you a letter outlining your post-employment obligations under the Act and authorizing you to begin dismantling your blind trust. You may dismantle your blind trust by giving your trustee written instructions on the day after your last day in public office to terminate the trust and transfer title and control of the assets back to you. You may wish to provide your trustee with a copy of the Commissioner's letter confirming you are no longer required to maintain a blind trust for the purposes of the Act. The Commissioner may order the dismantling of a trust if the assets have been depleted or the trust no longer contains controlled assets. 10. Reimbursement of costs associated with divestment Reasonable legal, accounting and administrative costs associated with establishing, maintaining and terminating blind trusts may be reimbursed. Commission fees for selling assets in an arm's-length transaction may also be reimbursed. You may be interested in reading our information notices on the reimbursement of costs associated with divestment of assets and withdrawal from activities, complying with the Act, and categories of assets.
This document is intended to provide general information about your obligations under the Conflict of Interest Act. It must be read in conjunction with information notices on complying with the Act​ and on blind trust, as well as with the Summary of Rules for Reporting Public Office Holders. Public office holders are encouraged to contact the Office for confidential advice about their individual situation. Please call 613-995-0721 or send us an email. Source: Part 2 (sections 20-31) of the Conflict of Interest Act 1. What is required by the Conflict of Interest Act? Under the Act, as a reporting public office holder, you are required to: provide a description of all your assets and an estimate of their value in your Confidential Report within 60 days of your appointment. For the purposes of the Act, assets include any trusts in respect of which you or a member of your family is a beneficiary;publicly declare all your assets that are neither controlled, nor exempt assets within the meaning of the Act, within 120 days of your appointment;divest your controlled assets either by selling them in an arm's-length transaction or by placing them in a blind trust and publicly declare all assets that have been divested within 120 days of your appointment; andrefrain from acquiring controlled assets during your term of office. This notice is intended to help you identify which assets fall into each of these categories. Your advisor can also provide you with information and confidential advice with respect to your individual situation. It is particularly important to contact your advisor if you are considering any kind of investment. 2. What is an exempt asset? Exempt assets are assets and interests in assets for your private use or for that of members of your family, as well as assets that are not of a commercial character. Examples include: household goods and personal effects; primary and secondary residences and other property used or intended for use by you or the members of your family; works of art, antiques or collectibles; cars and other personal means of transportation;cash and deposits, open-ended mutual funds, Canada Savings Bonds and other similar investments issued or guaranteed by any level of government in Canada;self-administered or self-directed registered accounts composed exclusively of assets that would be considered exempt if held outside the plan or fund;public sector debt financing not guaranteed by a level of government, such as a university and hospital debt financing;annuities and life insurance policies;money owed to you by a previous employer, client or partner, personal loans receivable from your relatives, money owed under a mortgage or hypothec of less than $10,000 and personal loans of less than $10,000 receivable from other persons if you have loaned the money;investments in limited partnerships that are not traded publicly and whose assets are exempt assets. You are not required to publicly declare or divest yourself of exempt assets. In an ongoing manner, you must also notify our Office within 30 days after any material change affecting them. 3. What is a controlled asset? Controlled assets are assets whose value could be directly or indirectly affected by government decisions or policy. Examples include: publicly traded securities of corporations and governments, whether held individually or in an investment portfolio account, such as stocks, bonds, stock market indices, trust units, closed-end mutual funds, commercial papers and medium-term notes;self-administered registered accounts (i.e. RRSP, RESP, RRIF, TFSA, RDSP, FHSA) composed of a least one asset that would be considered controlled if held outside the account;exchange-traded funds;commodities, futures, cryptocurrencies and foreign currencies held or traded for speculative purposes;stock options, warrants, rights and similar instruments; andshares of a private company that, itself, holds controlled assets.​ You are generally prohibited from holding controlled assets. As such, you are required to divest controlled assets either by selling them in an arm's-length transaction or by placing them in a blind trust. You must publicly declare those divested assets in the Summary Statement, which will provide information about the nature, source and method of divestment of these assets but not their value or number of units held. 4. What are the exceptions to the prohibition on holding controlled assets? If you are a minister, minister of state or parliamentary secretary you must, without exception, divest all controlled assets. You may otherwise benefit from two limited exceptions to the divestment rule. Subject to the Commissioner's approval, if the controlled assets held are given as security to a lending institution, these assets are exempted from divestment. Similarly, the controlled assets are exempted from divestment if, in the Commissioner's opinion, they are of such minimal value that they do not constitute any risk of conflict of interest in relation to your official duties and responsibilities. This exception could apply if your total investments in controlled assets are of less than $60,000. The value and content of your assets will be reviewed annually by the Commissioner as part of the mandatory annual review process. If the market value of the controlled assets covered by the minimal value exemption increases, you may be required to divest some of these assets either by selling them or placing them in a blind trust. Some associated costs may be eligible for reimbursement. 5. Which assets must be publicly declared? Assets that are neither controlled, nor exempt must be publicly declared within 120 days of your appointment. This category typically includes assets used with a view to generate income or revenue. Moreover, you are prohibited from engaging in certain activities associated with these assets, such as managing or operating a business or commercial activity. The Commissioner may also order divestment of certain declarable assets if the Commissioner is of the opinion that the assets may give rise to a conflict of interest. Examples of declarable assets include: a residence that generates income through a long-term lease or rental agreement;any interest in a private corporation that does not hold controlled assets (even if the corporation is inactive); andmoney owed to you under a mortgage or hypothec greater than $10,000. Some exempt assets may become declarable assets during your term of office. For example, if you buy a new primary residence and rent out your former residence, your former residence would be considered a declarable asset under the Act. You may be interested in reading our information notices on complying with the Act, outside activities, blind trusts and the administrative monetary penalties regime.
This document is intended to provide general information about your obligations under the Conflict of Interest Act. It must be read in conjunction with other relevant information notices. Public office holders are encouraged to contact the Office for confidential advice about their individual situation. Please call 613-995-0721 or email us. Source: Section 4, section 5, section 6, section 8, section 9, section 11, section 21, section 23, and section 25 of the Conflict of Interest Act. Compliance with the Conflict of Interest Act is a condition of appointment or employment for public office holders. As a public office holder and in the exercise of your official duties and functions, you are subject to disclosure obligations,[i] recusals and conflict of interest rules.[ii] Exercising these public duties and functions may affect your private interests, as well as those of your relatives, friends, and others. Therefore, you must be cautious and take appropriate measures to avoid a conflict of interest situation. Although the Act provides a definition of “relatives," the term “friends" is not defined. The following provides some guidance on how to determine if a relationship could be considered a friendship, its impact on your obligations and why disclosing this relationship matters. 1. What is a friendship within the meaning of the Act? Unlike a public office holder's relationship with a relative, which can be verified objectively based on the definition set out in the Act, a friendship is more subjective. In its most basic form, a friend can include a “range of relationships from the closest of lifelong companions to neighbours, colleagues, acquaintances or business associates that one sees only occasionally and where there is little emotional attachment."[iii] For the purposes of the Act, however, the Commissioner considers that there should be “a close bond, a feeling of affection or a special kinship"[iv] between both the public office holder and this person. If the relationship is close enough to reasonably call into question the judgment of a public office holder's decision making, then it is friendship.[v] Several indicators may assist in determining whether an individual is a friend for the purposes of the Act. These indicators include: the duration of the relationship and the context in which it developed;the frequency of interactions;the exchange of personal communications;the sharing of meals or gifts in a personal setting;the mutual display of trust, respect, affection, or admiration;the perception of the relationship by others within the same social or professional circles. The Commissioner has also found instances where personal and professional interactions between a public office holder and a person (colleague, associate, or a member of a broad social circle) become intertwined to the point where it is difficult to draw the line between the two. As a result, this relationship could also be considered a friendship since it could reasonably impair the public office holder's judgment in the exercise of their official duties or functions. The Commissioner determines whether a friendship exists on a case-by-case basis. You should consult the Office or, when in doubt as to whether an individual is considered a friend for the purposes of the Act, recuse yourself from a matter involving such an individual. 2. What are your obligations under the Act regarding friendships? You are in a conflict of interest when exercising an official power, duty or function that provides an opportunity to further, among others, the private interests of a friend. The Act provides rules to minimize the possibility of conflicts between these private interests and your official duties and functions. You are therefore required to proactively arrange your private affairs in a manner that will prevent you from being in a conflict of interest. As a reporting public office holder, you must disclose your interests (assets, liabilities, income, and activities) within 60 days of your appointment. You are also required to provide any other information that the Commissioner considers necessary to ensure your compliance with the Act. This includes the names of any friends or business associates whose profession or position could create a conflict of interest for you. For instance, you should indicate to the best of your knowledge whether any friends, co-owners, business partners or associates or the organizations with which you are associated engage in lobbying activities or seek any grants, contributions or other financial benefits from any public sector entity. As a public office holder, you should be mindful, when exercising your official powers, duties, or functions, that you cannot participate in a discussion or decision if you know or reasonably should know that you would be providing an opportunity to further the private interests of a friend. In such instances, you must recuse yourself and, in the case of reporting public office holders, inform the Commissioner within 60 days to make the recusal public. Sometimes, if public office holders recuse themselves to avoid the appearance of a conflict with the private interests of a friend,[vi] such recusals may also be made public by the Commissioner to ensure transparency at your request. To comply with the Act, you may also be required to take appropriate measures agreed upon with the Commissioner. Among such measures, the Commissioner may recommend establishing a conflict of interest screen where it is highly likely that a friend will have dealings with your organization. All compliance measures are based on the information that you disclose to the Commissioner or that is publicly available. You cannot use information obtained in your position that is not available to the public to further or seek to further the private interests of a friend. You also cannot use your position to seek to influence a decision to further your friends' private interests. You can accept most gifts or advantages given by a friend because of the obligation to recuse yourself when the interests of a friend are at issue.[vii] These gifts or advantages are exempted from disclosure to the Commissioner and from public declaration regardless of their value. 3. Related examination reports Morneau Report II, May 13, 2021The Watson Report, June 25, 2009 i - See sections 22, 23, 25 and 26 of the Act. ii - See sections 4 to 19 of the Act. iii - The Watson Report, June 25, 2009, p. 14 iv - The Watson Report, June 25, 2009, p. 15 v - Morneau II Report, May 13, 2021, p. 39 vi - While the Act does not prescribe compliance measures for apparent conflicts of interest, there may be situations where you may wish to disclose your recusal from discussions, debates, v​otes or decisions taken in respect of a particular matter giving rise to an apparent conflict. vii - ​While ministers, ministers of state or parliamentary secretaries, members of their families, ministerial staff and ministerial advisors may accept travel aboard a non-commercial chartered or private aircraft provided by a friend, such travel requires prior approval by the Commissioner and will be subject to a public declaration.
Ministers and other public office holders may be involved in the appointment of public officials, such as the process of appointing judges to Canadian courts. All public office holders must be mindful of their obligations under the Conflict of Interest Act (Act) in situations involving any appointment process. For the purposes of the Act, a public office holder is in a conflict of interest when they exercise an official power, duty or function that provides an opportunity to further their private interests, those of their relatives or friends, or to improperly further another person's private interests (section 4). All public office holders are prohibited from making a decision or participating in the decision-making process if they know or reasonably should know that in doing so, they would be in a conflict of interest (subsection 6(1)). They are also prohibited from using their position to seek to influence a decision of another person so as to further their own private interests or those of their relatives or friends, or to improperly further another person's private interests (section 9). Additionally, when public office holders do find themselves to be in a conflict of interest with regard to a matter in the course of their official duties or functions, they must recuse themselves from any discussion, decision, debate or vote on that matter (section 21). Because the appointment process involves the potential furthering of a private interest (i.e. the nomination of the successful candidate to office), public office holders must be especially mindful not to place themselves in a conflict of interest when participating in any manner in the appointment process. Although it is generally acceptable to be consulted as a public office holder on the appointment of a particular individual, public office holders must abstain or recuse themselves from any appointment process if the candidate being considered is a relative or friend. They should also avoid engaging in any other conduct that may influence another person in their decision. The Act describes relatives as individuals who are related to a public office holder by birth, marriage, common-law partnership, adoption or affinity (subsection 2(3)). Since there is no definition of “friend” in the Act, whether an individual is a friend will depend on the circumstances of each case. Generally, and for the purposes of the Act, a friend has been found to include a person with whom one has some history of mutual personal regard beyond simple association. Reporting public office holders must also report each recusal to the Office and, unless otherwise provided in the Act, publicly declare each recusal within 60 days after the day on which the recusal took place. Failure to report a recusal may result in the imposition of an administrative monetary penalty. All public office holders are encouraged to read the information notice on recusal obligations. Public office holders who are also Members of the House of Commons are reminded that there are also recusal requirements under the Conflict of Interest Code for Members of the House of Commons.
This document is intended to provide general information about your obligations under the Conflict of Interest Act. It must be read in conjunction with other relevant information notices. Current and former public office holders are encouraged to contact the Office for confidential advice about their individual situation. Please call 613-995-0721 or email us. Source: Sections 44 to 50 of the Conflict of Interest Act 1. The nature of an investigation under the Act Investigations under the Act are called “examinations." Examinations allow the Commissioner to gather the relevant information surrounding an alleged contravention of the Act by a current or former public office holder. In most cases, the Commissioner will publish a report setting out the facts, the analysis and conclusion. Examinations are not like proceedings before a court or tribunal because they do not involve a dispute between two adverse parties. The Commissioner does not make findings of civil or criminal liability, but instead determines whether there has been a contravention of the Act. The conclusions in the Commissioner's examination report are final and may not be altered by anyone. The Act does not authorize the Commissioner to impose a penalty if a contravention of the Act's substantive provisions is found. 2. Requesting and initiating an examination Senators or Members of the House of Commons who have reasonable grounds to believe the Act has been contravened may ask the Commissioner to examine the matter. To be valid, a request must: be made in writing and signed by the requestor;identify the provisions of the Act that are alleged to have been contravened; andset out the reasonable grounds for the belief that a contravention has occurred. A request for an examination form is available on our website. If the Commissioner determines that a request for an examination from a Senator or a Member is frivolous, vexatious or not made in good faith, the Commissioner may decline to investigate but must still issue a report. The Commissioner may also consider information from the public that is brought to their attention by a Senator or a Member of the House of Commons. Such information must be kept confidential until the Commissioner has issued a report. The Commissioner can also self-initiate an examination where there is reason to believe that the Act has been contravened. Although members of the public cannot request that an examination be conducted, the Commissioner may consider information received from members of the public and other public sources. After examining all the circumstances of the matter, the Commissioner may discontinue a self-initiated examination. 3. The examination process The Commissioner will write to the subject of the examination to explain the process and set out the details of the alleged contravention. Generally, the Commissioner holds two interviews in private with the subject of an examination: one at the outset and the second at the end of the examination process. The subject has the right to make representations to the Commissioner, either personally or through legal counsel, at any time during the examination process. During the process, witnesses may be asked to provide documentary evidence, to present themselves for an interview or to respond to questions by telephone or in writing. If necessary, the Commissioner has the power to summon witnesses and require them to produce documents. Witnesses invited to be interviewed will be asked to swear an oath or make an affirmation. All interviews are conducted in private, are recorded, and transcripts of the proceedings are made by a court reporter. Interviews may be held in person or, at the discretion of the Commissioner, by videoconference or other technical means. Travel costs to attend interviews are not reimbursed. To protect the integrity of the process, subjects and witnesses are asked to keep all information confidential during the fact-gathering portion of the examination and not to disclose such information with anyone other than their legal counsel, if applicable. The Act requires that all examinations be conducted in private and limits what the Commissioner and staff can say publicly. Consequently, the Commissioner will not normally comment publicly on an ongoing examination other than to confirm whether a request to launch an examination was received. The length of time an examination takes varies depending on several factors, such as the complexity of the issue being examined. Before the report is finalized, the subject will also be provided with a draft of the portions of the report setting out the relevant facts for review. The Act provides for the report to be provided to the Prime Minister, as well as to the Senator or Member who requested the examination, to the public office holder or former public office holder who was the subject of the examination, and to the public. All reports are available on the Office's website. 4. Suspending an examination The Commissioner's examination must be suspended if there are reasonable grounds to believe that a current or former public office holder has committed an offence under an Act of Parliament relating to the subject matter under examination, in which case the relevant authorities will be notified. An examination must also be suspended when it is discovered that an investigation of such an offence is already underway or if a charge has been laid in respect of the subject matter. The examination may only be continued once that matter has been conclusively disposed of.[i] 5. Information regarding legal counsel If a subject or a witness choose to be represented by legal counsel, they must cover the costs associated with retaining counsel. When counsel is present during interviews, the Office will also have its counsel present. The Office considers that the role of counsel is to assist in presenting their client's views and to assist the Commissioner in obtaining all the relevant facts in an expeditious manner. Counsel may accompany their client to interviews but does not have the right to be present during the interviews of other witnesses or to cross-examine them. Counsel may also make representations during their client's interview or in writing during the examination process. To protect the integrity of the fact-gathering process, counsel representing the subject may not also represent a witness in the same examination. [i] See, for example, the Carson Report
This document is intended to provide general information about your obligations under the Conflict of Interest Act. It must be read in conjunction with other relevant information notices. Public office holders are encouraged to contact the Office for confidential advice about their individual situation. Please call 613-995-0721 or email us. Source: Sections 52 to 62 of the Conflict of Interest Act 1. What penalties may be imposed under the Act? The Act sets out a process for imposing administrative monetary penalties not exceeding $500 for public office holders who fail to meet reporting deadlines or to provide accurate and complete reports. The penalty regime does not apply to a contravention of the conflict of interest rules under the Act. Once a penalty is imposed, the nature of the violation, the name of the public office holder and the amount of the penalty are made public. The proceeding in respect of a penalty can be initiated up to five years after the Commissioner becomes aware of the alleged violation. 2. Which provisions are subject to the administrative monetary penalties regime? Provision Initial compliance with Act on appointment Deadline Confidential disclosure to Commissioner 22(1) Filing of Confidential Report 60 days after appointment 22(2) Content of Confidential Report (complete and accurate) 60 days after appointment 27(7) Confirmation of divestment 120 days after appointment Public declarations 25(2) Assets that are neither controlled nor exempt 120 days after appointment 25(3) Liabilities of $10,000 or more (ministers and parliamentary secretaries) 120 days after appointment 25(4) Outside activities as an officer or director 120 days after appointment 26(1) Signing of Summary Statement 120 days after appointment 26(2) Content of Summary Statement (complete and accurate) 120 days after appointment Provision Ongoing compliance with Act Deadline Confidential disclosure to Commissioner 22(5) Material change to Confidential Report 30 days after change 23 Multiple gifts from one source with cumulative value of over $200 in 12-month period 30 days after total cumulative value reached 24(1) Firm offer of outside employment 7 days after offer 24(2) Acceptance of offer of outside employment 7 days after acceptance Public declarations 25(5) Gifts with value of $200 or more 30 days after acceptance 25(1) Recusals 60 days from recusal 25(6) Travel on non-commercial chartered or private aircraft (accepted by ministers, parliamentary secretaries and ministerial staff only) 30 days after acceptance 3. How are administrative monetary penalties issued? If the Commissioner believes on reasonable grounds that a public office holder has committed a violation of one of the provisions listed above, the Commissioner may issue a Notice of Violation in which a proposed penalty is set out. When determining the amount of the proposed penalty, the Commissioner takes into account: the fact that penalties have as their purpose to encourage compliance with the Act rather than to punish;the public office holder's history of prior violations under the Act during the five-year period immediately before the violation; andany other relevant matter. If you are served with a Notice of Violation, you have 30 days to pay the penalty or submit written representations to the Commissioner. By paying the penalty, you acknowledge having committed the violation and proceedings are ended. If you submit written representations, the Commissioner will decide, on a balance of probabilities, whether a violation was committed and whether there were mitigating circumstances. The Commissioner will inform you in a Notice of Decision whether the proposed penalty or a lesser penalty is imposed or not. If you do not pay the penalty or submit written representations within 30 days of having been served with a Notice of Violation, you will be deemed to have committed the violation and will be required to pay the penalty. Unpaid penalties may be recovered as a debt to His Majesty in the Federal Court or any other court of competent jurisdiction. If an administrative monetary penalty is imposed, the name of the reporting public office holder, the nature of the violation and the amount of the penalty are made public through the public registry. You may be interested in reading our information notice on complying with the Act.
This document is intended to provide general information about your obligations under the Conflict of Interest Act. Reporting public office holders are encouraged to contact the Office for confidential advice about their individual situation. Please call 613-995-0721 or email us. Source: Subsection 22(5) of the Conflict of Interest Act 1. What is required by the Conflict of Interest Act? As a reporting public office holder, you are required to provide a Confidential Report during the initial compliance process following your appointment. When there is a material change at any time to the information in that report, it must be disclosed to the Commissioner within 30 days. 2. What is a material change? A material change is a change to any matter that you were required to include in your Confidential Report and that could affect your obligations under the Act and make it necessary to modify your compliance arrangements. This would include any change that requires you to prepare a public declaration or to amend an existing public declaration. The following are examples of material changes: acquiring, intentionally or not, controlled assets or those that require a public declaration under the Act;acquiring any other asset valued at $10,000 or more;acquiring or extinguishing a liability of $10,000 or more;opening any type of investment account, including a joint account;acquiring a partnership interest or equity interest in a private company;renting out a property that had previously been for private use or ceasing to do so;accepting an offer to volunteer to serve on the board of directors of a community organization or stepping down from such a position. Please note that you must obtain the Commissioner's approval before accepting such an offer;receiving benefits, directly or through a partnership or private corporation, resulting from a contract with a public sector entity. This requirement also extends to those benefits received by members of your family;receiving assets by way of gift or inheritance, or in any other way over which you have no control;becoming a trustee or a beneficiary of a trust;undertaking activities that are prohibited under the Act whether intentionally or not. Ministers and parliamentary secretaries must also advise of a change in marital status or common-law relationship. 3. When must I report a material change? You have 30 days after the change to report it. If you do not report a material change within the established time frame, the Commissioner may impose an administrative monetary penalty of up to $500. Such penalties are made public. It is important to note that the annual review process does not remove the requirement to report material changes when they occur. 4. How do I report a material change? You can report a material change by filling out a Notice of Material Change form available on our website. For further information or clarification, contact your advisor via telephone or email. 5. Is the information reported to the Commissioner in the Notice of Material Change form published? While the Act does not provide for the publication of the Notice of Material Change form, if the information contained modifies any public declaration required under section 25 of the Act, the Commissioner will include this form in the public registry in accordance with paragraph 51(1)e) of the Act. Reporting public office holders are encouraged to contact their advisor to discuss any material change requirements. You may be interested in reading our information notices on complying with the Act, categories of assets, outside activities, and administrative monetary penalties regime.
This document is intended to provide general information about your obligations under the Conflict of Interest Act. It must be read in conjunction with other relevant information notices. Public office holders are encouraged to contact the Office for confidential advice about their individual situation. Please call 613-995-0721 or send us an email. Source: Section 29 of the Conflict of Interest Act 1. What is authorized by the Conflict of Interest Act? The Act gives the Conflict of Interest and Ethics Commissioner the authority to: determine the appropriate measures you must take to comply with the Act and, in doing so, the Commissioner will try to achieve agreement with you; andorder you, in respect of any matter, to take any compliance measures the Commissioner determines necessary to comply with the Act. These compliance measures may include divestment, confidential disclosure, public declarations, recusal, or other measures. Conflict of interest screens are also used to achieve compliance with the Act. 2. What is a conflict of interest screen? A conflict of interest screen is a preventive compliance measure, agreed upon pursuant to section 29 of the Act by a public office holder and the Conflict of Interest and Ethics Commissioner, to assist the public office holder in avoiding conflicts of interest. A screen also seeks 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. A screen includes: a description of the conflict of interest;the names of the individuals and/or entities involved;the title of the screen administrator and a description of their responsibilities; anda statement that you agree to abstain from any discussions, decisions, debate or votes concerning the matter that forms the subject of the conflict of interest. Conflict of interest screens are established with your agreement where it is likely that you will be involved in discussions or decision-making processes that provide an opportunity to further your private interests or those of a relative or friend, or to improperly further another person's private interests. Although there is no obligation under the Act to make conflict of interest screens public, the Commissioner has the discretion to formalize these measures and post them on the Office's public registry. The Office will help you identify areas where it is likely that a conflict of interest will arise. Arrangements are then made with your department or organization to ensure that you are not involved in decision-making processes or discussions in respect of matters that could give rise to a conflict of interest. Someone from within your department or organization is tasked with administering the conflict of interest screen. Individuals within your department or organization are also notified of its existence. Other officials may also be notified. In this way, matters that pose a risk of conflict of interest will not be brought to your attention. Because such matters are not brought to your attention, you are not placed in a conflict of interest and are therefore not required to recuse yourself from these matters. If a matter that forms part of the screen is brought to your attention, you must still recuse yourself and make a public declaration of your recusal within 60 days after the day on which the recusal took place. The declaration must provide sufficient detail to identify the conflict of interest that was avoided. In some cases, the Office will determine that the possibility of your involvement in a matter is so remote or the risk of conflict of interest is so low that the establishment of a screen is not appropriate. However, if any conflict of interest situation does arise, your obligation to recuse yourself remains. Your organization may establish additional conflict of interest measures not required under the Act for you to avoid dealing with certain matters. Any such measures should be disclosed to the Office. Examples of existing conflict of interest screens can be found on our public registry. You may also be interested in reading our information notice on recusal obligations.
This document is intended to provide general information about your obligations under the Conflict of Interest Act. It must be read in conjunction with other relevant information notices. Public office holders are encouraged to contact the Office for confidential advice about their individual situation. Please call 613-995-0721 or email us. Source: Part 2 (sections 20-31) of the Conflict of Interest Act 1. What is required by the Act? Pursuant to section 19 of the Act, compliance with the Act is a condition of your employment as a reporting public office holder. You are responsible for ensuring that you are in compliance with the Act. Following your appointment, you are encouraged to communicate with the Office of the Conflict of Interest and Ethics Commissioner to start the initial compliance process. 2. What is required during my initial compliance period? (a) Confidential Report The initial compliance process begins as soon as you are appointed to office. Within 60 days after your appointment, you must submit a Confidential Report describing your assets, liabilities, income and activities. A Confidential Report Form is available on our website. If you are a minister, minister of state or parliamentary secretary, you must also make reasonable efforts to include a similar description for your spouse or common-law partner and dependent children. Because you are a Member of the House of Commons, you must also comply with similar reporting obligations under the Conflict of Interest Code for Members of the House of Commons. (b) Compliance measures Advisors in the Office will review your Confidential Report. As a reporting public office holder, you are prohibited from holding controlled assets and must divest such assets either by selling them in an arm's-length transaction or by placing them in a blind trust. Your advisor will provide guidance on which assets must be divested. The Act also prohibits you from engaging in certain outside activities. There are limited exceptions for which the Commissioner's approval must be sought. Your advisor will discuss with you any appropriate measures that may be needed to achieve full compliance with the Act and, in doing so, will try to achieve agreement with you. The Commissioner may also order you to take any measures deemed to be necessary to comply with the Act. (c) Summary Statement, public declarations and other compliance measures After reviewing your Confidential Report, your advisor will prepare and send you any required public declarations and a Summary Statement. You must review the Summary Statement and public declarations, sign them and provide them to the Commissioner within 120 days after your appointment. Once signed, the documents are placed in the Office's public registry. You may be interested in reading our information notices on categories of assets, conflict of interest screens, divestment and blind trusts, and outside activities. 3. What information is disclosed in the Summary Statement? The Summary Statement contains a description of: each of your controlled assets and each of your assets that the Commissioner has ordered divested. The description will include information about the nature and source of the asset as well as the method of divestment but not its value or the number of units held. The disclosure will be made, for example, as follows: shares of company ABC divested by way of sale at arm's length;debentures of company XYZ divested through the establishment of a blind trust agreement; each matter from which the Commissioner has ordered you to recuse yourself, as well as information regarding the process you or others have put in place to effect the recusal;any other matter in respect of which the Commissioner has issued an order, as well as the steps you have taken to comply with the order. 4. What other information disclosed to the Commissioner requires a public declaration? As a reporting public office holder, you are required to publicly declare: any recusal that took place after the signature of the Summary Statement;all of your assets that are neither controlled, nor exempt;any outside activities that the Commissioner has approved;any single gift or other advantage valued at $200 or more, other than one from a relative or friend;agreed compliance measures such as conflict of interest screens. If you are a minister, minister of state, or parliamentary secretary, you are also required to publicly declare: the source and nature (but not the amount) of all your liabilities of $10,000 or more; andthe source and circumstances of any travel by way of non-commercial chartered or private aircraft that has been accepted by you, a member of your family, a ministerial adviser or ministerial staff. The Commissioner can also decide to publicly disclose any other document considered appropriate for the purpose of complying with the Act. 5. What are my ongoing compliance requirements? (a) Recusal Within 60 days after a recusal, you must make a public declaration providing sufficient detail to identify the conflict of interest that was avoided. (b) Gifts If you or a member of your family accepts a gift valued at $200 or more, you must make a public declaration within 30 days after accepting the gift, unless the gift is offered by a relative or a friend. (c) Travel If you are a minister, minister of state or parliamentary secretary, you must publicly declare all travel aboard non-commercial chartered or private aircraft, including those offered by other levels of government, that you, a member of your family, a ministerial adviser or ministerial staff have accepted within 30 days after the acceptance and provide sufficient detail to identify the source and circumstances. (d) Material change You must report any material change within 30 days after the change. You can report a material change by filling a Material Change Report available on our website or by contacting your advisor via telephone or email. A change is material when it leads to a change in your Confidential Report. For instance, a change in marital status or the acquisition or extinguishment of an asset or a liability valued at $10,000 or more will result in a material change to your Confidential Report. (e) Offers or acceptance of outside employment You must disclose any firm offers and your acceptance of outside employment within 7 days. You may be interested in reading our information notices on recusal obligations, gifts or other advantages, material change, and offers of outside employment. 6. What are the annual review requirements? The Office will contact you each year to review the information contained in your Confidential Report, Summary Statement and relevant public declarations. You will be advised of any new compliance measures required. 7. What happens if I do not comply with the compliance measures? The Act sets out a process for the application of administrative monetary penalties not exceeding $500 for reporting public office holders who fail to meet reporting deadlines or fail to provide accurate and complete reports. Such penalties are made public. Changes that have not been reported are usually discovered during the mandatory annual review process. If the Commissioner has reason to believe that a reporting public office holder has contravened the Act, the matter may be examined on the Commissioner's own initiative. A report setting out the facts in questions as well as the Commissioner's analysis and conclusions is provided to the Prime Minister and made public. You may be interested in reading our information notice on administrative monetary penalties and investigations.
The Governor in Council shall, by commission under the Great Seal, appoint a Conflict of Interest and Ethics Commissioner after consultation with the leader of every recognized party in the House of Commons and approval of the appointment by resolution of that House. Parliament of Canada Act, s. 81(1) The Conflict of Interest and Ethics Commissioner administers the Conflict of Interest Act for public office holders and the Conflict of Interest Code for Members of the House of Commons. These regimes seek to prevent conflicts between private interests and the public duties of appointed and elected officials. The Commissioner also gives confidential advice about conflict of interest and ethics issues to the Prime Minister. The position of Conflict of Interest and Ethics Commissioner was created under the Federal Accountability Act. The Commissioner is an Officer of Parliament whose mandate is set out in the Parliament of Canada Act. The Commissioner is completely independent of the government of the day and reports directly to Parliament, through the Speaker of the House of Commons. The Office of the Conflict of Interest and Ethics Commissioner, along with the Senate, the Office of the Senate Ethics Officer, the House of Commons and the Library of Parliament, is part of the parliamentary infrastructure. The Commissioner enjoys the privileges and immunities of the House of Commons and its Members when carrying out official duties and functions. Canada’s first Conflict of Interest and Ethics Commissioner was appointed in July 2007. Conflict of Interest Act The Conflict of Interest Act applies to some 2,200 public office holders. All of them are subject to the Act’s core set of conflict of interest and post-employment rules. For example, they cannot participate in decisions or votes in connection with their public office where they would be in a conflict of interest. They are also prohibited from using insider information to advance private interests, and from accepting gifts or other advantages that could reasonably be seen to have been given to influence them. More than half of those covered by the Act are subject only to these general rules. This group is primarily made up of part-time members of federal boards, commissions and tribunals, as well as some part-time ministerial staff. About 1,100 mostly full-time public office holders are considered reporting public office holders. Reporting public office holders include ministers, parliamentary secretaries, ministerial staff and all full-time Governor in Council appointees such as deputy ministers, heads of Crown corporations and members of federal boards. They are subject not only to the Act’s general rules but also to its reporting and public disclosure provisions, as well as prohibitions against outside activities and holding controlled assets. The Act contains additional requirements for ministers and parliamentary secretaries. For more information, please see the separate fact sheet on the Conflict of Interest Act. Conflict of Interest Code for Members of the House of Commons The Members’ Code, which is appended to the Standing Orders of the House of Commons, applies to all 338 elected Members of Parliament. The Members’ Code prohibits Members from using their public office to further their private interests or those of their family, or from improperly furthering the private interests of another person or entity. This general rule is complemented by rules on avoiding conflict of interest, including restrictions on the gifts that Members can accept, processes for the confidential disclosure of private interests to the Commissioner, procedures for making Members’ summary information public and an advisory role for the Commissioner. Members must also disclose to the Commissioner any sponsored travel that they accept, for themselves and guests, whose costs exceed $200. Sponsored travel is travel whose costs are not wholly or substantially paid from the Consolidated Revenue Fund or by Members personally, their political party or any interparliamentary association or friendship group recognized by the House of Commons. For more information, please see the separate fact sheet on the Conflict of Interest Code for Members of the House of Commons. Administration of the Act and the Code The Office of the Conflict of Interest and Ethics Commissioner administers these regimes by: Providing confidential advice to public office holders and Members of the House of Commons on their obligations under the Act and the Members’ Code.Reviewing confidential reports. Individuals covered by the Act and the Members’ Code must make a number of confidential disclosures relating to their assets, liabilities and outside activities. These disclosures help the Office determine relevant compliance measures and provide appropriate advice and guidance.Making information available. While disclosures remain confidential, the Office prepares summaries containing general information that are placed in public registries.Investigating possible contraventions of the Act and the Members’ Code. Investigations are called “examinations” under the Act and “inquiries” under the Members’ Code.Reporting to Parliament. The Commissioner reports annually to Parliament through the Speaker of the House of Commons on the administration of the Act and the Members’ Code, and prepares an annual list of sponsored travel by Members of the House of Commons. The Commissioner reports on examinations under the Act to the Prime Minister and on inquiries under the Members’ Code to the House of Commons. All of these reports are made public. The Office’s activities in support of the administration of the Act and the Members’ Code also include working with counterparts across Canada and around the world, exchanging information and sharing best practices, to ensure that the Office remains abreast of issues and developments in the field.
This document is intended to provide general information about your obligations under the Conflict of Interest Act. It must be read in conjunction with other relevant information notices. Public office holders are encouraged to contact the Office for confidential advice about their individual situation. Please call 613-995-0721 or email us. The legitimacy of constituency activities is explicitly recognized in both the Act and the Conflict of Interest Code for Members of the House of Commons, but the Act, in particular, places limitations on such activities. The following will provide you with guidance on how you and your staff can serve your constituents while respecting your obligations under the Conflict of Interest Act. Source: Section 4, section 6, section 7, section 9 and section 64 of the Conflict of Interest Act 1. What is required by Conflict of Interest Act? You are prohibited from exercising an official power, duty or function that would further your private interests, those of your relatives or friends, or improperly further another person's private interests, regardless of whether that person is your constituent. You must not give any person or organization preferential treatment[i]. The term "preferential treatment" is not defined in the Act, but the Commissioner has interpreted it to mean "treatment more favourable than might be accorded to anyone else in similar circumstances." You are also prohibited from using your position to seek to influence a decision to further your private interests, those of your relatives or friends, or to improperly further another person's private interests. 2. Government decisions and your constituency When the government makes decisions on matters that could have a general impact on the constituents in your riding[ii], you may speak about these matters or make representations to the appropriate minister. Before doing so, consider whether your involvement could provide an opportunity to improperly further the private interests of any other person. Ask yourself whether you or your relatives or friends have a private interest that could be furthered by your involvement. If you have any doubts or questions, please contact your advisor. 3. Constituents' dealings with federal organizations You and your constituency staff are limited to seeking factual information from federal organizations when asked by constituents for assistance in dealing with federal organizations that administer programs in areas such as, but not limited to, immigration, employment insurance, passports and taxation. For example, a constituent may ask for help obtaining information on the status of a case, the timing of a hearing or the information a constituent should submit. You or your constituency staff may also use regular channels open to any Member's staff to contact federal government institutions, including Crown corporations, to obtain information to assist constituents when they ask you to clarify questions related to government policy, legislation or regulations, or to obtain information on programs and the processing of applications, including the status of specific applications. However, you are prohibited from using your position as a minister, minister of state or parliamentary secretary to seek to influence the outcome of any process. You and your staff must not: ask for a favourable decision or to have a case resolved on a priority basis;treat your own constituents more favourably than those in other constituencies;approach your own department or an organization within your portfolio on behalf of your own constituents or on behalf of the constituents of a cabinet colleague;seek to influence outcomes or obtain preferential treatment from a cabinet colleague. 4. Decisions of federal administrative tribunals Administrative tribunals are bodies established by statute to decide various quasi-judicial issues. Examples include the Canadian Radio-Television and Telecommunications Commission, the Parole Board of Canada, and the Immigration and Refugee Board of Canada. You and your staff may assist constituents by explaining an administrative tribunal's processes or by providing them with relevant contact information. However, you must not under any circumstances attempt to intervene in the decision-making process of an administrative tribunal on behalf of any constituent in any riding, or to expedite the processing of an application. Such contact may be considered an attempt to influence a decision, which is a breach of section 9 of the Act.[iii] 5. Support for federal funding applications As a general rule, you may provide letters of support for projects in your riding for which federal funding is being requested. You must use your letterhead and title as a Member and not your ministerial letterhead. However, if the funding is being requested from your own department or from an organization within your portfolio, you may not provide a letter of support or use any other means to favour the funding request. 6. References and other support You may provide a letter of reference but you must consider whether it is appropriate to do so in your official or personal capacity. A letter of reference should not be a blanket endorsement ("To whom it may concern"), but should be addressed to a specific individual or organization for a specific matter in order to prevent the letter from being used for purposes other than that for which it has been provided. When providing a reference based on a personal relationship (e.g. relative, friend, classmate, neighbour, member of a group to which one belongs), it is not appropriate to use official ministerial, parliamentary secretary or MP letterhead and titles, except for any honorific title that one is entitled to use (e.g. the Honourable John Smith). In order to provide character and employment references in your official capacity, you must be personally acquainted with the individual on whose behalf the request was made. If a reference is for a former employee or volunteer, or for an acquaintance, made in the context of your role as a Member, minister or parliamentary secretary, it is appropriate for you to use official ministerial, parliamentary secretary or MP letterhead and titles, whichever is applicable. In order to respect the merit principle, if a job applicant is seeking employment in a federal department or agency, ministers and parliamentary secretaries may not write to a departmental, Crown corporation, or agency official to support that applicant or regarding any other matter dealing with the staffing or appeal processes, or with a grievance process under the Public Service Labour Relations Act. They may, however, agree to have their name listed in the "personal reference" section of the individual's curriculum vitae with a view to providing a reference upon request. Appointments by ministers are excluded from the Public Service Employment Act. In the case of an appointment made by another minister, a letter of recommendation may be sent by ministers, ministers of state and parliamentary secretaries to the responsible minister. Ministers, ministers of state and parliamentary secretaries may also provide recommendation letters for appointments made by the Governor in Council. 7. If you are still in doubt Advisors in the Office of the Conflict of Interest and Ethics Commissioner are available to assist you if you have any doubts about how to respond in individual cases. For more information, please contact the Office by calling 613-995-0721 or emailing us. 8. Related examination reports Fergus Report The Philpott Report The Gill Report The Finley Report The Paradis Report (December 2013) The Clement Report The Paradis Report (March 2012) The Watson Report i See, for example, The Finley Report. ii See, for example, The Paradis Report (December 2013). iii See for example, The Gill Report, as well as compliance orders for Eve Adams and for Colin Carrie.
This document is intended to provide general information about your obligations under the Conflict of Interest Act. It must be read in conjunction with other relevant information notices. Public office holders are encouraged to contact the Office for confidential advice about their individual situation. Please call 613-995-0721 or email us. This document provides general advice for public office holders on how to comply with the Conflict of Interest Act while participating in fundraising activities. Source: Section 16 of the Conflict of Interest Act 1. What is required by the Conflict of Interest Act? You are prohibited from personally soliciting funds from any person or organization if doing so would place you in a conflict of interest. You are in a conflict of interest when you exercise an official power, duty or function that provides an opportunity to further your private interests or those of your relatives[i] or friends[ii] or to improperly further another person's private interests[iii]. 2. What fundraising activities are permitted? As long as these activities do not place you in a conflict of interest, the Act does not prevent you from engaging in fundraising for charitable or political purposes. For example, you may: directly solicit monetary donations on behalf of a charitable foundation or an electoral district association;sell tickets or issue invitations to fundraising events organized by a charitable organization or an electoral district association;be an honorary patron;lend your name to a trust fund; andparticipate in sponsored events such as sports tournaments, races or other events. 3. What activities are prohibited? To avoid placing yourself in a conflict of interest when engaging in fundraising for charitable or political purposes, you must not: Use departmental resources for fundraising, for example, sending out funding requests from your organization's email address or using its letterhead.Solicit funds from a person or organization with which you, your office or your public sector entity have had official dealings or with which there is a reasonable likelihood that you may have official dealings.Solicit funds from a person or organization that has lobbied or is likely to lobby you, your office or your public sector entity.Establish a charitable foundation for the purpose of raising money to specifically benefit your private interests or those of a relative or friend.Identify yourself as a public office holder when soliciting funds on behalf of a charitable foundation. 4. Compliance measures for future dealings If you have previously solicited donations from a person or organization that subsequently has official dealings with you, your office or your public sector entity, to avoid placing yourself in a conflict of interest, you must recuse yourself from any discussion, decision, debate or vote concerning that person or organization. If it is likely that a person or organization from which you have previously solicited donations will have regular official dealings with your office or your public sector entity in the future, our Office can help you put in place an appropriate compliance measure, such as a conflict of interest screen. Once a screen is in place, matters involving that individual, company or organization will not be brought to your attention. 5. Other guidelines and rules The Prime Minister's Open and Accountable Government (2015) includes ethical and political activity guidelines for certain reporting public office holders. Our Office does not administer Open and Accountable Government and cannot provide advice on how to comply with it. Ministers, ministers of state and parliamentary secretaries are also subject to the Conflict of Interest Code for Members of the House of Commons and may wish to consult the Advisory Opinion on Fundraising and the Members' Code. Other Acts of Parliament, your organization's code of values and ethics or your terms and conditions of employment may prohibit you from engaging in certain fundraising activities. You are encouraged to consult the documents identified above to determine whether you may participate in these or other activities. i Subsection 2(3) of the Conflict of Interest Act defines relatives as: Persons who are related to a public office holder by birth, marriage, common-law partnership, adoption or affinity are the public office holder's relatives for the purposes of this Act unless the Commissioner determines, either generally or in relation to a particular public office holder, that it is not necessary for the purposes of this Act that a person or a class of persons be considered a relative of a public office holder. ii The Commissioner has interpreted "friend" to mean individuals who have a close bond of friendship, a feeling of affection or a special kinship with the public office holder. It does not include members of a broad social circle of business associates or colleagues unless such a relationship has developed. iii See, for example, The Raitt Report, The Dykstra Report, and The Glover Report.
This document is intended to provide general information about your obligations under the Conflict of Interest Act. It must be read in conjunction with other relevant information notices. Public office holders are encouraged to contact the Office for confidential advice about their individual situation. Please call 613-995-0721 or send us an email​. This information notice refers to prohibitions against certain outside activities set out in the Conflict of Interest Act. It is recommended that you consult your internal code of conduct or terms and conditions of employment for further guidance on these and other prohibited activities. Source: Section 15 and subsection 25(4) of the Conflict of Interest Act. 1. What is required by the Conflict of Interest Act? The Conflict of Interest Act prohibits reporting public office holders from engaging in outside employment and a number of other activities. These prohibitions apply whether or not a conflict of interest is involved. They do not apply where the activities are part of a public office holder’s official powers, duties and functions. It is important to note that other Acts of Parliament, organizational codes, and your terms and conditions of employment may also prohibit you from engaging in certain activities, including political activities. 2. What activities are prohibited? As a reporting public office holder, you may not: engage in employment or the practice of a profession;manage or operate a business or commercial activity;continue as, or become, a director or officer in a corporation or organization;hold office in a union or professional association;serve as a paid consultant[i]; orbe an active partner in a partnership. These prohibitions extend to activities that would appear to have little or no impact on your public duties. For example, professionals such as doctors, lawyers, engineers and accountants may not hold office in professional associations, and students who work full-time during the summer in a minister's office are prohibited from continuing any part-time employment they held during the school year. 3. Are there any exceptions? There are very limited exceptions to the prohibition against outside activities. The Commissioner must approve each exception. He must be satisfied that the activity for which the exception is being sought is not incompatible with your duties as a public office holder. For the purposes of maintaining your employment opportunities or ability to practice your profession on leaving public office, you may engage in employment or the practice of a profession in order to retain any licensing or professional qualifications or standards of technical proficiency necessary for that purpose, provided that you do not receive any remuneration.If you are a director or officer in a Crown corporation as defined in section 83 of the Financial Administration Act, you may continue as, or become, a director or officer in a financial or commercial corporation.You may continue as, or become, a director or officer in an organization of a philanthropic, charitable or non-commercial character. 4. What activities are permitted? The prohibitions relating to outside activities do not restrict the political activities[ii] of public office holders. For example, the Act does not restrict your ability to sit on the board of directors of a political party or riding association. Please note that Governor in Council appointees are also subject to restrictions not administered by this Office. Volunteer activities are generally permitted as long as they do not place you in a conflict of interest. If you have any doubt about the acceptability of a new activity under the Act, your advisor can help. 5. What information on outside activities must I disclose to the Office? During your initial compliance process, you must include descriptions in your Confidential Report of: all activities listed in section 15 of the Act in which you were engaged in the two-year period before the day of your appointment or which are ongoing;your involvement in philanthropic, charitable or non-commercial activities in the two-year period before the day of your appointment or which are ongoing; andyour involvement as trustee, executor or liquidator of a succession or holder of a power of attorney, in the two-year period before the day of your appointment. If you are a minister or parliamentary secretary, you must also make reasonable efforts to include this information for each member of your family in your report. If you begin a new outside activity after your initial compliance process is completed, you must notify the Office of this material​ change within 30 days. If you do not provide this or other information required in your Confidential Report, you could be subject to an administrative monetary penalty of up to $500. If you are considering a new outside activity and are not sure whether it is permissible, please contact your advisor for advice. 6. What information is publicly declared? Exceptions granted by the Commissioner to the prohibition against outside activities are posted in the public registry. Political directorships are also publicly declared. 7. What happens when a reporting public office holder does not comply with section 15 of the Act? The Commissioner may, pursuant to section 30 of the Act, issue a compliance order requiring the reporting public office holder to cease the prohibited activity. When the Commissioner has reason to believe that a reporting public office holder is engaging in prohibited outside activities, he may also commence an examination on his own initiative. At the conclusion of the examination, the Commissioner issues a report that is made public. i See, for example, The Lynn Report ii The Public Service Employment Act, Part 7, defines political activity as:(a) carrying on any activity in support of, within or in opposition to a political party;(b) carrying on any activity in support of or in opposition to a candidate before or during an election period; or(c) seeking nomination as or being a candidate in an election before or during the election period.