Recusal
The Office has updated its information notice on recusal to better explain when and how public office holders must recuse themselves from any discussion, decision, debate or vote on any matter in which they have a conflict of interest.
Recusal is more than abstaining. 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.
The investigations that led to the July 2024 Verschuren and Ouimet reports made it clear that public office holders needed more information to better understand the Act’s recusal requirement.
Gifts
As noted in an updated information notice on gifts or other advantages, the Office has changed how it administers the Conflict of Interest Act’s gift rule.
Effective immediately, gifts or other advantages offered by a public sector entity as defined in the Act are not considered gifts or other advantages for purposes of the Act. Public sector entities include departments, agencies, and Crown corporations, but not the Senate and the House of Commons.
This means such gifts or other advantages are not subject to the acceptability test, and public office holders do not need to publicly declare them.
This change related to gifts from a public sector entity is consistent with the Office’s October 2023 change of practice when applying the Act’s rules on post-employment and offers of outside employment: the government is one entity, and there cannot be any conflict of interest between different government departments or agencies.