NEWS RELEASE
July 24, 2024
In an investigation report released today, Conflict of Interest and Ethics Commissioner Konrad von Finckenstein dismissed allegations that Mr. Guy Ouimet, a former director of Sustainable Development Technology Canada (SDTC), contravened the Conflict of Interest Act.
It was alleged that Mr. Ouimet contravened subsection 6(1) and section 21 of the Act by participating in SDTC's March 2020 and March 2021 decisions to give COVID-19 emergency relief payments to various companies, including Lithion Recycling Inc.
At the time of the March 2020 decision, Mr. Ouimet held an option to purchase 1% of Lithion founders' shares at a cost of $1,250. At the time of the March 2021 decision, Mr. Ouimet had exercised his option. The Commissioner determined that his financial interest in Lithion in relation to SDTC's funding decisions was a private interest for purposes of the Act, and that he participated in both COVID-19 emergency relief funding decisions.
However, the Commissioner also considered the principle of de minimis non curat praetor, which is reflected elsewhere in the Act. It is the idea that courts and decision-makers are not concerned with trivial things. As Mr. Ouimet's interest in Lithion was so insignificant, there was no risk of conflict of interest.
The Commissioner dismissed the allegations against Mr. Ouimet.
Quotes from Commissioner von Finckenstein
“The Conflict of Interest Act seeks to encourage experienced and competent people to accept public office. By following the Act, appointed officials can avoid and manage conflicts between their public duties and private interests. This makes it easier for them to move between the private and public sectors."
“The Act was meant to be a practical conflict of interest regime. It was not intended to capture conflicts where a public office holder's private interests are of a trivial nature."
“Mr. Ouimet's 1% stake in Lithion was so small that it would not have influenced his votes approving funding for it, and thus did not pose a risk of conflict of interest. I therefore dismissed the allegations against him."
Additional facts
The Conflict of Interest Act applies to ministers, ministers of state, parliamentary secretaries, the Chief Electoral Officer, the Parliamentary Budget Officer, ministerial staff, ministerial advisers, most people appointed to their position by the Governor in Council, some ministerial appointees, and any individuals the Governor in Council designates as subject to the Act. They are all called “public office holders."
Under subsection 6(1) of the Conflict of Interest Act, public office holders are not allowed to make a decision or participate in decision-making related to the exercise of an official power, duty or function if they know or reasonably should know that, in doing so, they would be in a conflict of interest.
Under section 21, they must recuse themselves from any discussion, decision, debate or vote on any matter in respect of which they would be in a conflict of interest.
Section 4 states that public office holders are in a conflict of interest when they exercise an official power, duty or function that provides an opportunity to further their private interests or those of their relatives or friends, or to improperly further another person's private interests.
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