Compliance Order under Section 30
Issued under the Conflict of Interest Act
Statutory requirement(s):
30. In addition to the specific compliance measures provided for in this Part, the Commissioner may order a public office holder, in respect of any matter, to take any compliance measure, including divestment or recusal, that the Commissioner determines is necessary to comply with this Act.
26. (1) A reporting public office holder shall, within 120 days after the day on which he or she is appointed, sign a summary statement containing the information required under subsection (2) and provide it to the Commissioner.
(2) The summary statement must contain the following:
(a)
for each controlled asset of the reporting public officer holder, and for each asset of the reporting public office holder that the Commissioner has ordered divested under section 30, a description of the asset and the method used to divest it;(b)
for each matter in respect of which the Commissioner has ordered a reporting public office holder to recuse himself or herself under section 30, a description of the matter and information regarding the process to be put in place by the reporting public office holder and others to effect the recusal; and(c)
for any other matter in respect of which the Commissioner has issued an order to the reporting public office holder under section 30, a description of the matter and the order, and the steps taken to comply with the order.51. (1) The Commissioner shall maintain a registry consisting of the following documents for examination by the public:
(b)
summary statements made under section 26.
Trena Grimoldby
· Full-Time Commissioner
- Other documents
- Compliance Orders
- Disclosure date
- 2020-01-07
- Regime
- Conflict of Interest Act
- Description
-
COMPLIANCE ORDER – REPORTING PUBLIC OFFICE HOLDER AT THE CANADIAN ENERGY REGULATOR
WHEREAS you were appointed as a Commissioner of the Canadian Energy Regulator pursuant to the Canadian Energy Regulator Act;
WHEREAS, you are also a reporting public office holder subject to the Conflict of Interest Act (Act);
WHEREAS section 4 of the Act sets out the circumstances under which a public office holder is generally understood to be in a conflict of interest for the purposes of the Act, namely 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;
WHEREAS, the Canadian Energy Regulator Act imposes additional circumstances under which public office holders at the Canadian Energy Regulator are understood to be in a conflict of interest for the purposes of the Act, and they include:
(a) engaging in, as owner, shareholder, director, officer, partner or in any other way, the business of producing, selling, buying, transmitting, exporting, importing or otherwise dealing in hydrocarbons, electricity or offshore energy;
(b) holding any bond, debenture or other security of a corporation engaged in any such business; and
(c) holding other employment that is inconsistent with their powers, duties and functions or with any provision of this Act or a regulation made under it.
(d) holding office as the Chief Executive Officer or being employed by the Regulator.
WHEREAS I have the authority under paragraph 51(1)(e) to make any document I consider appropriate available for public inspection on the public registry maintained by my Office;
WHEREAS subsection 26(2) of the Act requires that a reporting public office holder’s summary statement contains a description of the matter in respect of which the Commissioner has issued an order under section 30, a description of the order and the steps taken to comply with the order;
AND WHEREAS, I have determined it necessary, in light of the above, to impose the following compliance measures on you because of your position as a Commissioner of the Canadian Energy Regulator so as to ensure compliance with the Act;
I THEREFORE ORDER YOU pursuant to section 30 of the Act to:
(a) withdraw, as applicable, from all activities identified as relating to a business that deals in any way in hydrocarbons, electricity or offshore energy (energy sector) or employment that would be inconsistent with your official duties and to do so within 120 days of your appointment (or the date of this order);
(b) sell in an arm’s-length transaction, as applicable, all investments identified as relating to a business that deals in any way in the energy sector and to provide the Office with proof of the sale within 120 days of your appointment; and
(c) sign and return, as applicable, a statement containing the following information which will be placed on the public registry maintained by the Office:
i. a description of each activity referred to in paragraph (c) from which you withdrew; and
ii. a description of each asset sold in an arm’s-length transaction as referred to in paragraph (d).