History of the Office: 2000-2005

Bill C-4​88, NDP MP Gordon Earle’s private Member’s bill, which establishes a Parliamentarians’ Code of Conduct, is introduced. The bill dies on the Order Paper when the first session of the 36th Parliament ends on September 17, 1999, and is reintroduced as Bill C-2​26 in the next session. The bill again dies on the Order Paper when an election was called and the 36th Parliament ends in October 2000. In the 37th Parliament, 1st session, NDP MP Alexa McDonough introduces private Member’s bill, Bill C-29​9, to enact a Parliamentarians’ Code of Conduct and the position of an Ethics Commissioner, and BQ MP Stéphane Bergeron introduces Bill C-3​88, which enacts a statute governing ministers. Neither bill proceeds. In the 37th Parliament, 2nd Session and again in the 3rd Session, NDP MP Alex McDonough introduces private Member’s bill, Bill C-4​17, which would create a Parliamentarians’ Code of Conduct and the position of an Ethic Commissioner. Neither bill proceeds.​

Treasury Board adopts the Internal Disclosure of Information Concerning Wrongdoing in the Workplace Policy. The policy required organizations in the core public administration to establish procedures for reporting wrongdoing and created the position of Public Service Integrity Officer as a neutral third party for investigating wrongdoing in the workplace.​

​​​Government announces an eight-point plan of action on government ethics.​

​​Prime Minister issues Guide for Ministers and Secretaries of State. Guide requires that ministers uphold high standards of ethical conduct in both their public and their private lives. It promotes ethical conduct by providing more transparent criteria for assessing ministerial actions and makes it clear that ministers have a responsibility to respect the non-partisanship of the public service.​

​​​Ethics Commissioner Howard Wilson appears before the Standing Committee on Industry, Science and Technology to discuss the guidelines for ministers involved in organizing leadership campaigns, as well as any other matters concerning his mandate.​

​​A draft bill and code are tabled in the Senate and the House, which would create the position of the Ethics Commissioner and amend the Rules of the Senate and Standing Orders of the House of Commons: “Proposals to amend the Parliament of Canada Act (Ethics Commissioner)” and “Proposals to amend the Rules of the Senate and the Standing Orders of the House of Commons to implement the 1997 Milliken–Oliver Report.” (See Hansard for the H​ouse and Senate.)​

​​The House of Commons and Senate committees to which the draft bill had been referred, reports to their respective chambers (27th Report of the Standing Committee on Procedure and House Affairs; 8th Report of the Senate Standing Committee on Rules, Procedures and the Rights of Parliament).​

​​Bill C​-34, An Act to amend the Parliament of Canada Act (Ethics Commissioner and Senate Ethics Officer) and other Acts in consequence, receives first reading in the House of Commons. ​

​​Privy Council Office issues Guidance for Deputy Ministers and a management accountability framework developed by the Treasury Board Secretariat.​

​​The Values and Ethics Code for the Public Service is adopted.​

​​The 38^th Report of the Standing Committee on Procedure and House Affairs on Bill C-34, an Act to amend the Parliament of Canada Act (Ethics Commissioner and Senate Ethics Officer) and other Acts in consequence, is presented to the House. Committee recommends amendments to the bill.  ​

​​The 40^th Report of the House of Commons Standing Committee on Procedure and House Affairs is presented to the House. Interim report on matters related to the inclusion of a code of conduct in the Standing Orders. No government response requested.​

​​Bill C-34 is passed the House of Commons.​

​​Bill C-3​4 is given first reading in the Senate.​

​​​51^st Report of the House of Commons Standing Committee on Procedure and House Affairs, on the Consideration of matters related to the inclusion of a code of conduct in the Standing Orders of the House, is presented to the House. It contains a proposed Conflict of interest Code for Members of the House of Commons. No government response requested.​

​​52^nd Report of the House of Commons Standing Committee on Procedure and House Affairs, on the Consideration of matters related to the inclusion of a code of conduct in the Standing Orders of the House, is presented to the House. It includes opinions from the Canadian Alliance, Bloc Québécois, and New Democratic Party. No government response requested.​

​​Bill C-34 is am​ended by the Senate at third reading and a message sent to the House to that effect.​

​​Parliament is prorogued and Bill C-34 dies on the Order Paper. (See legislative process of the bill here.)​

​​Report of the Auditor General of Canada. Tabling of the report is postponed to February 2004 due to the prorogation of Parliament. It includes a review of accountability and ethics in government” (Chapter 2), and a government-wide audit of sponsorship, advertising and public opinion research (chapters 3, 4, 5).​

​​A revised Conflict of Interest and Post-employment Code for Public Office Holders is issued. It is the first update of the Code since 1994. ​

​​Prime Minister Paul Martin releases Governing Responsibly: A Guide for Ministers and Ministers of State.​

​​Ethics, Responsibility, Accountability: An Action Plan for Democratic Reform is tabled in the House of Commons. It proposed appointing an independent Ethics Commissioner and a Senate Ethics Officer reporting to their respective Chamber, the adoption of codes of conduct, the new Conflict of Interest and Post-Employment Code for Public Office Holders and new guidelines for ministers and ministers of state entitled, Governing Responsibly: A Guide for Ministers and Ministers of State.​

​​Bill C-34 is reintroduced in the House of Commons as Bill C-4; deemed passed and referred to the Senate.​

​​The Commission of Inquiry into the Sponsorship Program and Advertising Activities appointed, with Justice John Gomery of the Superior Court of Quebec as the sole commissioner (the Gomery Commission).​

​​​Bill C​-4 is passed by the Senate and given Royal Assent the following day (S.C. 2004, c. 7). Because the Senate had not finalized its Code, the provisions dealing directly with the appointment and mandate of the Senate Ethics Officer were delayed. (They came into force on May 17, 2004.) Amends the Parliament of Canada Act, and creates a new Office of the Ethics Commissioner (effective in May, the former Office of the Ethics Counsellor is dissolved). The new Ethics Commissioner is to perform the duties and functions assigned by the House regarding the conduct of its Members, and to administer any ethical principles, rules or obligations established by the Prime Minister for public office holders. Administration of the Code moves out from Industry Canada; the new Commissioner operates as an Officer of Parliament. (See legislative process of the bill here.)​

​​The House of Commons Standing Committee on Procedure and House Affairs adopts the 51^st Report of the 2^nd session of the 37^th Parliament—the Conflict of Interest Code—as the Committee’s 25^th report in the 3^rd session of the 37^th Parliament and presents it in the House the following day.​

​​Bernard Shapiro appears before the House of Commons Standing Committee on Procedure and House Affairs regarding his proposed appointment to the position of Ethics Commissioner. The Committee recommends that the House ratify his appointment; the House of Commons approves his appointment three days later, and he begins his duties on May 17, 2004.​

​​Bernard Shapiro is appointed as Ethics Commissioner for a term of five years, replacing Howard Wilson. He is responsible for administering the Conflict of Interest and Post-Employment Code for Public Office Holders, and, effective October 2004, and the Conflict of Interest and Ethics Code for Members of the House of Commons. (See PC 2004-0656.)​

​​The House of Commons concurs in the 25^th Report of the House of Commons Standing Committee on Procedure and House Affairs, thus ensuring that the Conflict of Interest Code for Members of the House of Commons would be appended to the Standing Orders of the House Commons. ​

​​Bill C-4, An Act to amend the Parliament of Canada Act (Ethics Commissioner and Senate Ethics Officer) and other Acts in Consequence is proclaimed. Ethics Commissioner Bernard Shapiro begins his duties.​

​​The Conflict of Interest Code for Members of the House of Commons, which is appended to the Standing Orders (Report 25), comes into force at the beginning of the 38^th Parliament. Standing Orders 21 and 22 are repealed. These state: “No Member is entitled to vote upon any question in which he or she has a direct pecuniary interest, and the vote of any Member so interest will be disallowed”; and “The Clerk of the House shall maintain a public registry of foreign travel by Members of parliament in which Members shall register all visits they make outside Canada, arising from or relating to their membership in the House of Commons where the cost of any such travel is not wholly borne by the Consolidated Revenue Fund, the Member personally, any interparliamentary association or friendship group recognized by the House of Commons and any recognized party, together with the name of the sponsoring person or organization which paid for travel to and or from Canada.”​

​​Revised Conflict of Interest and Post-employment Code for Public Office Holders tabled in the House of Commons (Sessional Paper No. 8525-381-02).​

​​Ethics Commissioner Bernard Shapiro appears before the House of Commons Standing Committee on Procedure and House Affairs Subcommittee on the Disclosure Statement (in camera).​

​​Ethics Commissioner Bernard Shapiro appears before the House of Commons Standing Committee on Procedure and House Affairs Subcommittee on the Disclosure Statement (in camera).​

​​Ethics Commissioner Bernard Shapiro appears before the House of Commons Standing Committee on Procedure and House Affairs Subcommittee on the Disclosure Statement (in camera).​

​​Mr. Sinclair Stevens succeeds in having Justice Parker’s 1987 Report set aside. Federal Court judge John O'Keefe declared null and void the findings of the Parker Inquiry. The court ruled that Mr. Parker's definition of conflict of interest exceeded that in the guidelines governing ministers in the Mulroney Cabinet, and that this step exceeded Mr. Parker's mandate. In voiding the definition of conflict of interest, the judge found that Mr. Stevens's behaviour did not violate the guidelines that governed him, since no valid guidelines existed.​

​​Ethics Commissioner Bernard Shapiro appears before the House of Commons Standing Committee on Access to Information Privacy and Ethics on the mandate of the Committee. The Committee’s related Third Report recommended changes to the Standing Orders and to the Conflict of Interest Code for Members of the House of Commons, and was presented to the House December 14, 2004. Among the Committee’s recommendations: that the Commissioner submit to the Committee proposed rules to administer the Members’ Code and that the Committee undertake a comprehensive review of the Members’ Code five years after it comes into force and every five years thereafter. No date of concurrence.​

​​Ethics Commissioner Bernard Shapiro appears before the House of Commons Standing Committee on Procedure and House Affairs Subcommittee on the Disclosure Statement (in camera).​

​​Minister of Citizenship and Immigration Judy Sgro resigns amid allegations of conflict of interest and ethical breaches.​

The ​List of Sponsored Tra​vel for 2004 is tabled.​

​​Ethics Commissioner Bernard Shapiro appears before the House of Commons Standing Committee on Access to Information Privacy and Ethics on funding mechanisms. Commissioner Shapiro notes: “The legislation chosen by Parliament was to grant my office parliamentary status, establish the Ethics Commissioner as an officer rather than an agent of Parliament, and to define the budgetary approval process through the Speaker of the House of Commons. […] I’m satisfied with the arrangement, because I think the arrangement I have works well in this context.” The Committee tables its Fourth Report, on May 10, 2005, which is concurred in by the House on October 5, 2005.​

​​The Senate, following consideration of the matter in Committee of the Whole, approves the appointment of Mr. Jean T. Fournier as the first Senate Ethics Officer.​

​​Mr. Fournier begins his duties as the Senate Ethics Officer.​

​​Ethics Commissioner Bernard Shapiro appears before the House of Commons Standing Committee on Procedure and House Affairs Subcommittee on the Disclosure Statement.​

​​Ethics Commissioner Bernard Shapiro appears before the House of Commons Standing Committee on Procedure and House Affairs Subcommittee on the Disclosure Statement (in camera).​

​​Ethics Commissioner Bernard Shapiro appears before the House of Commons Standing Committee on Access to Information Privacy and Ethics on the Main Estimates for 2005-2006.​

​​House of Commons Standing Committee on Access to Information, Privacy and Ethics tables its Fourth Report, A New Process for Funding Officers of Parliament. It is concurred in by the House October 5, 2005. See Committee work here. Among the recommendations is Recommendation One, which states: “That a new permanent parliamentary body be created as the budget-determination mechanism for the funding of all Officers of Parliament. […]” ​

​​The Standing Senate Committee on Rules, Procedures and the Rights of Parliament tables its Third Report, containing as appendices a proposed Code and consequential changes to the Rules of the Senate.​

​​The Senate adopts the Third Report, bringing the Conflict of Interest Code for Senators into effect immediately.​

​​​The Grewal Inquiry released (Code).​

​​Ethics Commissioner Bernard Shapiro appears before the House of Commons Standing Committee on Access to Information Privacy and Ethics to discuss the non-publication of the report of the Ethics Commissioner on the Sgro inquiry.​

​​​Ethics Commissioner Bernard Shapiro appe​ars before the House of Commons Standing Committee on Access to Information Privacy and Ethics on the letter of the Ethics Commissioner tabled in the House of Commons by Judy Sgro on May 10, 2005.​

​​The Sgro Inquiry issued.​

​​Ethics Commissioner Bernard Shapiro appe​ars before the House of Commons Standing Committee on Access to Information Privacy and Ethics on his report on the Sgro inquiry.​

​​Ethics Com​missioner Bernard Shapiro is discussed by the House of Commons Standing Committee on Access to Information Privacy and Ethics on a motion of non-confidence in the Ethics Commissioner. NDP MP Ed Broadbent moved that the Standing Committee on Access to Information, Privacy and Ethics no longer has confidence in the Ethics Commissioner. After debate, the question was put on the motion and it was negative, by a show of hands: Yea: 4; Nay: 7. ​​

​​Ethics Commissioner Bernard Shapiro puts out Issues and Challenges 2005, a report intended to address a number of conceptual and procedural challenges that had arisen during the first year of operation of the Office of the Ethics Commissioner.​

​​The House of Commons concurs in the Fourth Rep​ort of the House of Commons Committee on Access to Information, Privacy and Ethics, which recommended a new funding process for officers of Parliament. No government response is requested. A two-year pilot project, the Advisory Panel on the Funding and Oversight of Officers of Parliament, is implemented. Note, the Office of the Ethics Commissioner is not subject to the Panel. For further information about the study, see the Canadian Parliamentary Review article entitled “Funding Officers of Parliament,” by Kristen Douglas and Nancy Holmes.​

​​The Advisory Panel on the Funding and Oversight of Officers of Parliament is created, following the concurrence by the House in the Fourth Report on the House of Commons Standing Committee on Access to Information, Privacy and Ethics. The Panel is a two-year pilot project designed by the Treasury Board Secretariat with the participation of five officers of Parliament. For further information on how the Panel worked, see the Canadian Parliamentary Review article entitled “Funding Officers of Parliament: Canada’s Experiment,” by Jack Stillborn. The project is evaluated in March 2008, by former Clerk of the House William Corbett. ​

​​House of Commons Standing Committee on Procedure and House Affairs meets on a question of privilege relating to an inquiry conducted by the Ethics Commissioner Bernard Shapiro.​

​​Ethics Commissioner Bernard Shapiro appe​ars before the House of Commons Standing Committee on Procedure and House Affairs on a question of privilege relating to an inquiry conducted by the Ethics Commissioner.​

​​Ethics Commissioner Bernard Shapiro app​ears before the House of Commons Standing Committee on Procedure and House Affairs on a question of privilege relating to an inquiry conducted by the Ethics Commissioner.​

​​​Ethics Commissioner Bernard Shapiro appe​ars before the House of Commons Standing Committee on Procedure and House Affairs on a question of privilege relating to an inquiry conducted by the Ethics Commissioner.​

​​​Phase 1 of the report of the Commission of Inquiry into the Sponsorship Program and Advertising Activities (the Gomery Commission) released.​

​​Ethics Commissioner Bernard Shapiro appe​ars before the House of Commons Standing Committee on Access to Information, Privacy and Ethics on his report on activities in relation to public office holders in 2004-2005.​

​​House of Commons Standing Committee on Procedure and House Affairs on a question of privilege relating to an inquiry conducted by the Ethics Commissioner Bernard Shapiro (in camera).​

​​House of Commons Standing Committee on Procedure and House Affairs on a question of privilege relating to an inquiry conducted by the Ethics Commissioner Bernard Shapiro (in camera).​

​​The House of Commons Standing Committee on Procedure and House Affairs presents its 51st Report to the House, finding Ethics Commissioner Bernard Shapiro in contempt of the House of Commons. They do not recommend any sanctions. The report is not concurred in by the House.​

​​Deputy Ethics Commissioner Robert Benson appears before the House of Commons Standing Committee on Access to Information, Privacy and Ethics on its study of Issues and Challenges 2005 report.​

​​​The Smith Inquiry (Code) rel​eased.​