This document is intended to provide general information about your obligations under the Conflict of Interest Act. Reporting public office holders are encouraged to contact the Office for confidential advice about their individual situation. Please call 613-995-0721 or email us.
Source: Subsection 22(5) of the Conflict of Interest Act
1. What is required by the Conflict of Interest Act?
As a reporting public office holder, you are required to provide a Confidential Report during the initial compliance process following your appointment. When there is a material change at any time to the information in that report, it must be disclosed to the Commissioner within 30 days.
2. What is a material change?
A material change is a change to any matter that you were required to include in your Confidential Report and that could affect your obligations under the Act and make it necessary to modify your compliance arrangements. This would include any change that requires you to prepare a public declaration or to amend an existing public declaration.
The following are examples of material changes:
acquiring, intentionally or not, controlled assets or those that require a public declaration under the Act;
acquiring any other asset valued at $10,000 or more;
acquiring or extinguishing a liability of $10,000 or more;
opening any type of investment account, including a joint account;
acquiring a partnership interest or equity interest in a private company;
renting out a property that had previously been for private use or ceasing to do so;
accepting an offer to volunteer to serve on the board of directors of a community organization or stepping down from such a position. Please note that you must obtain the Commissioner's approval before accepting such an offer;
receiving benefits, directly or through a partnership or private corporation, resulting from a contract with a public sector entity. This requirement also extends to those benefits received by members of your family;
receiving assets by way of gift or inheritance, or in any other way over which you have no control;
becoming a trustee or a beneficiary of a trust;
undertaking activities that are prohibited under the Act whether intentionally or not.
Ministers and parliamentary secretaries must also advise of a change in marital status or common-law relationship.
3. When must I report a material change?
You have 30 days after the change to report it.
If you do not report a material change within the established time frame, the Commissioner may impose an administrative monetary penalty of up to $500. Such penalties are made public. It is important to note that the annual review process does not remove the requirement to report material changes when they occur.
4. How do I report a material change?
You can report a material change by filling out a Notice of Material Change form available on our website. For further information or clarification, contact your advisor via telephone or email.
5. Is the information reported to the Commissioner in the Notice of Material Change form published?
While the Act does not provide for the publication of the Notice of Material Change form, if the information contained modifies any public declaration required under section 25 of the Act, the Commissioner will include this form in the public registry in accordance with paragraph 51(1)e) of the Act.
Reporting public office holders are encouraged to contact their advisor to discuss any material change requirements.
You may be interested in reading our information notices on complying with the Act, categories of assets, outside activities, and administrative monetary penalties regime.
