Recusal

​​​​​​​​​​​​​​P​DF V​ERSION​
Get updated Adobe Acrobat Reader​

Here is some general information to help public office holders understand the Conflict of Interest Act. This document explains how to meet its recusal requirement. You should also read about complying with the Act and conflict of interest screens. Get confidential advice by calling 613-995-0721 or sending an email.

Source: Section 6, section 21 and section 25 of the Conflict of Interest Act

Recusal—stepping away from any discussion, decision, debate or vote on any matter in which they have a conflict of interest—is the best way for public office holders to address or manage a conflict of interest situation.

Recusal is a cornerstone of an effective conflict of interest regime. The Conflict of Interest Act's recusal requirement applies to all public office holders.

1. What ​​is a recusal?

A recusal means removing yourself as a decision-maker from a particular matter because of a conflict of interest. Recusing means having nothing to do with the matter.

A recusal is different from an abstention. 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.

2. When do I have to recuse m​yself​?

You must recuse yourself from any discussion, decision, debate or vote on any matter where there is an opportunity to further your private interests or those of your relatives or friends, or to improperly further the private interests of anyone else. The outcome—that is, whether or not those private interests were furthered—is not relevant.

For example, you would have to recuse yourself from a meeting organized between your department and your spouse to discuss a contract between the government and your spouse's employer, whether or not their employer gets the contract. If you are on a public sector entity's board of directors, you must recuse yourself from evaluating any funding requests from a company you own, whether or not the company gets any funds. You must recuse yourself from a hiring process in which your friend is a candidate, whether or not they are hired.

The Act's recusal requirement is set out in section 21.

It supports the prohibition in subsection 6(1) against making a decision or participating in decision-making if you know or reasonably should know that it would place you in a conflict of interest.

To identify if a recusal is required, ask yourself the following questions:

• Do I have a private interest, such as a financial interest, in this matter?

• Do I have a relative or friend whose private interests could be affected by the matter?​
  

3. How do I recuse?

To recuse yourself, you must first declare your conflict to other participants. Then you must remove yourself from the location—physical or virtual—where the discussion, decision, debate or vote is taking place, so your mere presence cannot be seen to influence others.

For in-person meetings, this means leaving the room. For conference calls and online meetings, it can mean exiting the meeting call, or being moved to a virtual waiting room. You cannot be present for, listen to, or observe the discussion or decision-making process. 

Recusing also includes not sending emails or talking about the matter with colleagues.

If you are contacted directly by phone by an individual or an entity with whom you are in a conflict of interest, you must inform them of your conflict and tell them you cannot help them. You must also contact your advisor to disclose this recusal.

If you are contacted directly by email by an individual or an entity with whom you are in a conflict of interest, you must contact your advisor to determine the best course of action. 

4. Are there any exceptions to the Act’s recusal requirem​ent​?

You do not have to recuse when your interest in a matter is not a private interest

An interest in t​he following matters is not considered a private interest under the Act. Therefore, you do not have to recuse yourself from discussions, decisions, debates or votes on matters that:

• are of general application. This exception applies equally to an undetermined number of persons who fall within the jurisdiction of the decision-maker. A matter of general application does not apply to a specific person or group of persons, or to a particular situation.

• affect you as one of a broad class of persons. This is a personal exception for public office holders only. A broad class includes a large number of persons who may have all sorts of characteristics or attributes, but share at least one important one. Examples of broad classes of persons might be occupational groups (teachers, lawyers, farmers, etc.) or other readily identifiable groups, such as homeowners or children, that include a large number of people. Your advisor can help you determine if this exception applies to you.

• concern the pay or benefits associated with being a public office holder.

​Ministers and parliamentary secretaries may abstain instead of recusing in the House of Commons

If you are a minister or parliamentary secretary, you must abstain—rather than recuse—from debates or votes in the House of Commons or at committee on matters that would put you in a conflict of interest.