TABLING LETTER
Dear Mr. Speaker:
I am pleased to submit to you my report on the performance of the Commissioner’s duties and functions under the Conflict of Interest Code for Members of the House of Commons in relation to public office holders for the fiscal year ending March 31, 2024, for tabling in the House of Commons. The report is deemed permanently referred to the House of Commons Standing Committee on Procedure and House Affairs, under Standing Order 108(3)(a)(vii).
This fulfills my obligations under paragraph 90(1)(a) of the Parliament of Canada Act.
Sincerely,
Honourable Konrad W. von Finckenstein, C.M., K.C.
Conflict of Interest and Ethics Commissioner
COMMISSIONER'S MESSAGE
I am pleased to report on the administration of the Conflict of Interest Code for Members of the House of Commons in 2023-2024.
The Commissioner’s Office administers the Code and the Conflict of Interest Act to manage conflicts of interest and safeguard public trust. It does that by helping elected and appointed public officials avoid conflicts of interest.
Ultimately, the goal is to safeguard public confidence in the integrity of Parliament and government institutions.
The Office has a two-fold purpose. One, to help elected and appointed public officials avoid and manage conflicts of interest, and two, to facilitate the movement of qualified people in and out of public service.
Like all experienced and competent people, those individuals will, over time, face potential conflicts of interest. While they are in public office, the Commissioner’s Office helps them avoid and manage such conflicts to protect the public interest.
This means giving them credible, consistent, and timely advice. It also means being helpful and innovative, and making it as easy as possible for them to comply with the Code. It does not mean just looking for possible contraventions. If there is non-compliance, the Commissioner’s Office works with Members to bring them back into compliance.
If there are reasonable grounds to believe there is a conflict of interest, the Office will investigate as needed and issue a public report. The report will expose conflicts, if there are any, to allow the public to consider them at election time.
To help the Office run more efficiently, administrative processes were streamlined, and more authority was delegated to members of the Senior Management Committee. The Commissioner is the key decision maker, supported by employees of the Office. Employees must be empowered and equipped so they can work independently and efficiently on things that do not need to cross the Commissioner’s desk.
The Office worked to make its communications and outreach activities more effective. It continued using plain language to make its materials easy to understand and accessible.
To achieve its mandate and mission, the Office must be as transparent as possible. It must communicate as openly as it can with Parliament and Canadians about what it does and why, and in a way people understand.
Our approach is reflected in the Office’s vision, mission, and mandate. They capture the why, what, and how of its activities.
I look forward to building on this approach to the role of Commissioner in the years to come.
Vision, Mission, Mandate
Vision
To safeguard public confidence in the integrity of Parliament and government institutions.
Mission
To help elected and appointed public officials avoid conflicts of interest.
Mandate
Administer the Conflict of Interest Code for Members of the House of Commons and the Conflict of Interest Act to manage conflicts of interest and safeguard public trust.
Activities at a glance
The Office helps Members of the House of Commons manage their conflicts of interests to safeguard public trust.
1. When they are elected
As soon as they are elected, all Members must complete their initial compliance process. The Office helps them complete it after each general election and by-election. There are currently 338 seats in the House of Commons.
2. While they are in office
Throughout their mandate, Members ask the Office about gifts, letters of support and fundraising, changes to their circumstances and their general obligations under the Code. On average, the Office receives about 660 requests for advice every year.
3. When they leave
Members are no longer considered Members once they leave Office so the Code no longer applies to them.
The Office met these service standards over 89% of the time:
Data is based on a five-year average from April 1, 2019 to March 31, 2024.
members of the house of commons
The Conflict of Interest Code for Members of the House of Commons applies to all 338 elected Members of Parliament.
Members who are ministers or parliamentary secretaries are also subject to the Conflict of Interest Act.
As tracked in the Office’s
quarterly statistical reports, the number of Members went up and down during the year. Here is a snapshot of Members on March 31, 2024:
Members of the House of Commons (336)
Five by-elections accounted for most of the turnover among Members in 2023-2024.
Helping members comply
The Conflict of Interest Code for Members of the House of Commons has many rules that Members must learn and follow to avoid conflicts between public and private interests. The Commissioner’s Office guides them on how to follow the rules.
It also helps them identify and submit required information. That information helps the Commissioner’s Office spot possible conflicts of interest. To support transparency and prevent conflicts of interest, some of it is made public.
The Commissioner’s Office reaches out to all Members soon after they are elected or re-elected. It aims to contact each one personally within three days after notice of their election or re-election appears in the
Canada Gazette. The Office met this service standard 96% of the time in 2023-2024, more than its 80% target.
The Commissioner’s Office works with Members regularly during their time in office.
Personal guidance
It starts by assigning each Member an advisor who can focus on their individual needs. This opens an ongoing dialogue that lasts for as long as they are in Parliament.
Their personal advisor helps them understand and follow the rules and meet the Code’s reporting requirements. They also give them advice tailored to their personal situation. Members can ask their advisor for advice and guidance at any time.
The Commissioner’s Office also offers training on the Code to all new and returning Members. Since March 2023, training is mandatory under section 32 of the Code. Members must complete it within 120 days after their election is confirmed.
Initial compliance process
Their personal advisor walks newly elected or re-elected Members through the
initial compliance process. This is a critical step that they must complete to achieve compliance with the Code. It is an opportunity for them to learn the rules and address potential issues.
Members must give the Commissioner’s Office a lot of personal and financial information, for themselves and their families, by filling out a
disclosure statement.
Their advisor reviews it and helps them arrange their affairs to avoid conflicts of interest.
The advisor then prepares a summary of the information in each Member’s disclosure statement (it is called a “disclosure summary”) for the Member to review and sign.
When the Office posts the disclosure summary in the
public registry, the initial compliance process is over. This signals that the Member has complied with their initial reporting obligations under the Code. They are now on track to maintain their compliance and avoid conflicts of interest going forward.
Ongoing reporting requirements
While they are in office, Members must tell the Commissioner’s Office about:
Any changes to the information in their disclosure statement. These are called “material changes.”
Any
gifts or other benefits worth $200 or more that they or a family member accept.
Sponsored travel. This is any travel worth more than $200 that is not fully paid by the government, a political party, a recognized parliamentary association, or by the Members.
Recusals (when they stepped back from debating or voting on anything in which they have a private interest). Members are not allowed to participate in debates or vote on questions in which they have a private interest.
Members must disclose the general nature of any private interest they have in a matter that comes before them. The Code sets out how they must do that. The information is posted in the
public registry.
Advice
The Commissioner’s Office advises Members on issues that may involve potential conflicts of interest. It encourages them to get in touch any time they have questions or concerns. In 2023-2024, the Office received 31% more requests for advice than the five-year average.
To make sure the advice the Office gives Members is consistent, it records how the Commissioner interprets the Code in an internal practice manual. It launched a major update of this tool in 2023-2024.
The Office also tracks the kinds of things Members ask about, so it can identify training needs, and spot trends that might impact its workload.
The Commissioner’s Office aims to respond to Members’ requests for advice within three business days. It met this service standard 93% of the time in 2023-2024, more than its 80% target.
2023-2024 in numbers
The Office helps Members understand the rules and arrange their affairs so they can avoid conflicts of interest during their term in office.
Helping Members understand the rules under the Conflict of Interest Code for Members of the House of Commons
Helping Members arrange their affairs to avoid conflicts of interests
231 annual reviews completed
862 instances of advice provided
494 public registry postings (includes postings related to initial compliance and ongoing obligations)
93
sponsored trips from January 1 to December 31, 2023, totalling $847,828.22
Advice by topic in 2023-2024
Requests for advice from Members of the House of Commons
|
862
|
Material changes
| 396
|
General obligations
| 256
|
Gifts and other benefits
| 140 |
Letters of support and fundraising
| 70
|
Requests for advice over five years (five-year average: 660)
2019-2020 |
2020-2021
|
2021-2022
|
2022-2023
|
2023-2024
|
476
| 490
| 605
| 866
| 862
|
Public declarations by Members in 2023-2024
Public declarations by topic |
494
|
| Disclosure summaries | 318
|
Sponsored travel
| 77
|
Material changes
| 56
|
Gifts and other benefits
| 41
|
Private interest
| 2
|
Educating and informing
Prevention is a major focus of the Conflict of Interest Code for Members of the House of Commons. Members must learn the rules so they can recognize potential conflicts of interest and take steps to avoid them.
The Commissioner’s Office helps them learn what they must—and must not—do to avoid conflicts of interest.
Education and training
The Commissioner’s Office offers Members education and training on the Code’s conflict of interest rules and its other requirements. To help them understand and retain important information, it gives them the same information more than once, and in different ways.
In 2023-2024, it gave presentations to three Members’ offices.
It organized two educational sessions for Members’ staff. They are not subject to the Code, but can help Members comply with it.
In March 2023, the House of Commons amended section 32 of the Code to make training on the Code mandatory for all Members. It requires the Commissioner to offer individualized mandatory training for Members, including the use of educational scenarios. Members must complete the training within 120 days after their confirmation of election.
To implement this requirement, the Office gave one-on-one training to the five new Members elected in 2023-2024.
It also developed an online course about the Code. In a fall 2022 survey, it had asked Members about different training methods, and most said they preferred online learning modules.
The course is bilingual, accessible, mobile-friendly, and easy to use. It features interactive scenarios that engage learners and give them practical learning experiences. Linked to specific topics, the scenarios encourage active participation and problem-solving.
The course will be launched on the House of Commons intranet site in the new fiscal year. In the meantime, the Office provides newly elected Members access to it.
Activity framework
The Office’s strategic communications and engagement plan is a framework for all these activities. It is aimed at meeting the needs of Members, a primary audience. Actions in the plan are designed to help the Commissioner’s Office give them the information they need promptly, and in the formats they prefer.
Addressing non-compliance
The Commissioner’s Office upholds the Conflict of Interest Code for Members of the House of Commons’ focus on prevention by helping Members avoid conflicts of interest. It also helps them meet the Code’s other requirements, like disclosing information and arranging their private affairs.
Sometimes, however, Members fail to comply with the Code. This can happen for all kinds of reasons, including some that are not in their control. It is rare for someone to deliberately ignore their obligations under the Code, or to refuse to cooperate with the Commissioner’s Office.
When a Member does not comply with the Code, their advisor in the Commissioner’s Office works with them to get them back on track. That usually solves the issue.
Investigations
The Commissioner can
investigate possible contraventions of the Code.
Investigations (called “inquiries” in the Code) can start in three ways:
Any Member who has reasonable grounds to believe another Member has contravened the Code may ask the Commissioner to investigate. The Office then follows a process set out in the Code to decide if an inquiry is warranted.
The House of Commons may direct the Commissioner to conduct an inquiry. This has never happened.
The Commissioner may decide to investigate if there is reason to believe a Member has contravened the Code.
No inquiries were underway as of March 31, 2024.
The Commissioner’s Office reports publicly on all inquiries. It did not issue any inquiry reports in 2023-2024.
Sanctions
The Commissioner cannot impose sanctions under the Code. This is because only the House of Commons has the right to discipline its own members.
However, the Commissioner may recommend in inquiry reports that the House impose appropriate sanctions.
Case files
The Commissioner’s Office sometimes receives information that a Member may have contravened the Code. The information might come from a Member, media reports, complaints from members of the public or other sources.
When the Commissioner’s Office gets such information, it may open a case file. Then it does an initial review (called a “preliminary review”). Some of these reviews may lead to inquiries. When the Office finds an inquiry is not warranted, it closes the case file.
2023-2024 in numbers
Case files (a case file is a concern that is reviewed by the Office)
Breakdown of case files
Subject of each case file |
Current or former minister and parliamentary secretaryCurrent or former Member of the House of Commons | 11
|
Person not subject to the Code
| 0
|
Source of these case files |
Member of the House of Commons
| 4
|
Media
| 0
|
Member of the general public
| 7
|
Within the Office
| 0 |
Nature of the concern* |
Furthering a private interest (section 8 of the Code)
| 5
|
Using influence (section 9)
| 3
|
Required disclosure of information (sections 20 to 24)
| 4
|
Attempting to engage in prohibited activities (section 11)
| 2
|
Sponsored travel (section 15)
| 1
|
Gifts and other advantages (section 14)
| 1
|
*A case file can have more than one concern
Reporting to Parliament
The Conflict of Interest and Ethics Commissioner has a duty to report to Parliament, testify before parliamentary committees, and answer questions from Parliament.
The Commissioner, an independent Officer of the House of Commons, reports on behalf of Canadians to Parliament directly, not through a minister.
The Commissioner sends reports under the Code to the Speaker of the House of Commons. The Speaker tables them in the House.
The Office sends communiqués to parliamentarians about reports and other activities under the Code and the Conflict of Interest Act. It sent three communiqués in 2023-2024.
List of sponsored travel
The Commissioner sends a list of sponsored travel under the Code by March 31 each year. Under subsection 15(1) of the Code, sponsored travel is any travel worth more than $200 that is not fully paid by the government, a political party, a recognized parliamentary association, or by Members themselves.
The Commissioner sent the
2023 List of Sponsored Travel on March 26, 2024. The Speaker tabled it in the House on the next sitting day, April 8.
The list shows that sponsored travel accepted by Members returned to historical levels in 2023. They accepted 93 sponsored trips—two thirds more than in 2022—with a combined declared value of $847,828.22. On average, Members accepted 83 sponsored trips a year from 2007 to 2019. In the pandemic years of 2020 and 2021, the average was just seven.
Annual report
By June 30 each year, the Commissioner sends an annual report on the administration of the Conflict of Interest Code for Members of the House of Commons.
Inquiry reports
The Commissioner reports on inquiries (investigations) under the Code to the House of Commons.
The Commissioner did not issue any inquiry reports in 2023-2024.
Committee oversight
The House of Commons Standing Committee on Procedure and House Affairs is responsible for the Code. It did not invite the Commissioner to appear in 2023-2024.
Supporting transparency
Transparency is like a window that lets people see how things work. It is a pillar of the Conflict of Interest Code for Members of the House of Commons and, indeed, of all effective conflict of interest regimes. Ultimately, it can promote trust in government decision making.
Members must not only follow the rules in the Code, they must be seen to do so. By seeing how things work, Canadians can feel confident that the government is doing what it is supposed to do. To keep them accountable, Parliament and Canadians need access to clear, accurate and up-to-date information.
Transparency is built into the Code through its disclosure and public declaration requirements.
Members must give the Commissioner information about their financial interests, personal relationships, and other factors that could potentially influence their decision making.
Public registry
Some of that information is made public. The Code requires the Commissioner’s Office to maintain a
public registry. It is a searchable database that contains all the information about individual Members that the Commissioner is allowed to make public.
When a Member is no longer a Member, the Commissioner’s Office removes their information from the registry. Once it is gone from the registry, it is no longer available from the Office.
When a Parliament is dissolved, triggering a general election, Members are no longer considered Members, so the Commissioner’s Office removes their information from the public registry. After the election, the Office posts information for new and re-elected Members in the registry as they complete the
initial compliance process under the Code.
The Office tracks where each Member is in the initial compliance process under the Code. It publishes that information in a
Members’ Compliance Status Report each month.
Public communications
The Commissioner’s Office also aims for transparency in its public communications. By law, it must keep some information—like any dealings it has with individual Members—private. But it shares as much information as it can, and in a variety of ways.
For example, the Office posts information on its website and social media, and responds to media and members of the public who ask for information.
The Office uses social media to keep track of conversations about ethics issues. It also shares information about its activities and the public registry on social media. The Office aims its messaging at educating its secondary audiences: media, academics, international and domestic ethics practitioners, and others who are interested in the Office’s activities. It communicates with Members in other ways.
When responding to inquiries from media and members of the public, the Office gives as much information as possible about how the Code works. It also includes links to the public registry when appropriate. It only answers emails from members of the public that are directly addressed to it, not ones it is just copied on.
The Office is also transparent about its activities. It publishes
quarterly statistical reports that show, for example, how many times it responds to Members’ requests for advice, and what it is doing in the area of education. These reports also include figures on how it meets its service standards.
The Office aims to respond to media inquiries within four hours, and to inquiries from members of the public within 10 business days, at least 80% of the time. In 2023-2024, it met these service standards 96% of the time for media inquiries, and 91% of the time for public inquiries.
2023-2024 in numbers
Public registry
Almost 1,300 items posted, in line with the five-year average
Over 120,000 public registry page views, up 40% from the year before
Website
51,000 new users, up 22% from the year before
200,000 page views, up 35% from the year before
About 59% of website traffic resulted from Internet searches. This could mean that people were interested in the work of the Office and decided to access the website that way
The Office’s emails, social media posts and media advisories drove most of the rest of the users to the website
Social media
The Office’s X followers grew by 8% to 4,284
It tweeted 30% less than in the previous year
Its LinkedIn followers rose from 35 to 599
Public inquiries
Media inquiries
The Office received and responded to over 140 media requests, up 23%
Almost a third of these requests resulted in an article or social media mention
50% were questions about a specific Member or public office holder, or the status of a current case file
42% were general inquiries about the Office’s role and mandate
8% were about its investigation reports
Two media interviews were granted
Connecting with others
In support of its vision, mission, and mandate the Commissioner’s Office shares information, expertise, and best practices through organizations in Canada and other countries.
Domestic Outreach
The Commissioner’s Office continues to coordinate information sharing within the Canadian Conflict of Interest Network (CCOIN). It is made up of federal, provincial, and territorial conflict of interest commissioners.
The Commissioner, the Senior General Counsel, and the Director of Communications, Outreach and Planning attended CCOIN’s September 2023 annual meeting. The Conflict of Interest Commissioner of Nova Scotia, Joseph P. Kennedy, hosted it in Halifax.
The Commissioner participated in CCOIN’s March 2024 online semi-annual meeting.
In December, the Commissioner’s Office hosted interns from Quebec’s Fondation Jean-Charles-Bonenfant [link in French only].
International Outreach
The Commissioner’s Office is an active member of two international ethics organizations:
RFEDP activities in 2023-2024:
The Office continued to work with the RFEDP on a project to partner with universities on research about various topics.
In June, the Director spoke at the
École de printemps en études parlementaires : Éthique et déontologie [link in French only] at the University of Luxembourg.
In July, the Director spoke at the 48th session of the
Assemblée parlementaire de la Francophonie [link in French only] in Tbilisi, Georgia.
In October, the Commissioner, the Director of Advisory and Compliance and the Director of Communications, Outreach and Planning attended the RFEDP’s Annual General Meeting in Quebec City.
COGEL activities in 2023-2024:
The Commissioner and several other Office representatives attended COGEL’s 2023 conference, held in Kansas City, Missouri, in December.
The Director of Communications, Outreach and Planning was a member of the program committee for the conference, and moderated panels on data and generative AI, and academic collaboration.
The Manager, Strategic Planning and Analysis, who co-chairs the Office’s Equity, Diversity, and Inclusion Committee, moderated an armchair discussion on equity, diversity, and inclusion. The Manager was also part of a panel on strategic planning.
Other international outreach activities:
Attended the
2024 Global Anti-Corruption and Integrity Forum of the Organisation for Economic Co-operation and Development. (March 2024)
Presentation to the 15th Canadian Parliamentary Seminar in Ottawa. (March 2024)
Meeting with Public Safety Canada to discuss their ongoing work on options to establish a foreign influence transparency registry (FITR). (December 2023)
Meeting with a delegation from Vietnam. (November 2023)
Meeting with Members of the European Parliament’s Committee on Constitutional Affairs. The Members are working to set up an ethics body that would bring in unified ethics and transparency standards across European Union institutions. (November 2023)
Input to Global Affairs Canada for its response to a questionnaire from the
APEC Anti-Corruption and Transparency Experts Working Group (ACTWG). The questionnaire was about how Asia-Pacific Economic Cooperation members have been implementing the
APEC Anti-Bribery Principles. (May 2023)
Managing the Commissioner's office
A team of 53 people supports the Commissioner. They are experts in compliance, law, communications, information management and technology, investigations, parliamentary relations, and other areas.
This team actively manages the day-to-day tasks involved in administering the Conflict of Interest Code for Members of the House of Commons and the Conflict of Interest Act. It also makes sure the processes and structures are in place to support their administration.
The Commissioner gives the Office overall direction, and makes the decisions that need his input and approval.
The Commissioner works closely with other members of the Office’s Senior Management Committee.
Conflict of Interest and Ethics Commissioner's Office
Hon. Konrad W. von Finckenstein, C.M., K.C.,
Commissioner
|
Advisory and Compliance
 Lyne Robinson-Dalpé,
Director
| Investigations and Legal Services
 Martine Richard,
Senior General Counsel
| Communications, Outreach and Planning
 Melanie Rushworth,
Director
| Corporate Management
 Sandy Tremblay,
Director
|
The post of Commissioner was vacant for much of the first five months of the fiscal year, after former Commissioner Mario Dion resigned in February 2023.
Senior General Counsel Martine Richard served as Interim Commissioner from March 28 to April 19, 2023. On August 30, Konrad von Finckenstein was appointed Commissioner for a
six-month term. Effective March 5, 2024, he was appointed for seven years.
When the post was vacant, the Commissioner’s Office continued to do what was needed to support its mandate. For example, it advised public office holders, gave educational sessions and training, kept the public registry up to date, and responded to information requests. The Senior Management Committee gave guidance when necessary.
It also kept working to comply with the Employment Equity Act and the
Accessible Canada Act.
Without a Commissioner, however, there were some things the Office could not do. For example, it could not issue reimbursement orders for blind trust fees, or decide whether to investigate matters that had come to its attention.
As a first priority after Commissioner von Finckenstein’s appointment, the Office cleared the backlog of items that needed a Commissioner’s approval. To make sure it could function fully in the absence of a Commissioner in the future, Commissioner von Finckenstein delegated more authority to members of the Senior Management Committee.
Improving the Office’s administrative efficiency was another priority.
To make sure it has the right positions and the right people in them to support its mandate, the Office ran five staffing processes in 2023-2024. Employee turnover fell as just two employees left.
The Office’s financial statements are audited each year by an independent external auditor. Its financial information for 2023-2024 is outlined in the Appendix.
Appendix: Financial resources summary
|
(thousands of dollars)
|
|
Program Activity
| 2022-2023 |
2023-2024 |
Alignment to
Government of Canada
Outcomes |
Actual Spending
| Main
Estimates |
Total
Authorities
|
Actual
Spending
|
Administration of the Conflict of Interest
Code for Members of the House of Commonsand the Conflict of Interest Act
| 6,769
| 7,421
| 7,421
| 6,875
| Government Affairs |
Contributions to employee benefit plans
| 812
| 912
| 912
| 839
|
|
Total spending
|
7,581
|
8,333
|
8,333
|
7,714
|
|
Plus: cost of services received without charge
| 1,133
| N/A
|
N/A
| 1,017
|
|
| Net cost of department
|
8,714
|
8,333
|
8,333
|
8,731
|
|
The Office of the Conflict of Interest and Ethics Commissioner’s budget process is set out in the Parliament of Canada Act. Before each fiscal year, the Office prepares an estimate of its budgetary requirements. The Speaker of the House of Commons considers the estimate then transmits it to the President of the Treasury Board, who lays it before the House with the Government of Canada’s estimates for the fiscal year. The Standing Committee on Access to Information, Privacy and Ethics reviews and reports on the Office’s effectiveness, management and operations, and its operational and expenditure plans.
The figures in this summary have not been audited. Complete audited
financial statements will be available on the Office’s website.
