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This document is intended to provide general information about your obligations under the Conflict of Interest Act. It must be read in conjunction with other relevant information notices. Public office holders are encouraged to contact the Office for confidential advice about their individual situation. Please call 613-995-0721 or email info@cie.parl.gc.ca.
Source:
Section 6,
section 21 and
section 25 of the
Conflict of Interest Act
1. What is required by the Conflict of Interest Act?
As a public office holder[i], you are:
- prohibited from
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;
- required to
recuse yourself from any discussion, decision, debate or vote on any matter in respect of which you would be in a conflict of interest.
As a minister, minister of state, or parliamentary secretary, you are also prohibited from debating or voting on a question that would place you in a conflict of interest.
2. When must I recuse myself?
You are in a conflict of interest when you exercise an official power, duty or function that provides an opportunity to further your private interests or those of your relatives or friends[ii] or to improperly further another person's private interests[iii].
The Act contains a negative definition of “private interest," specifying what it does not include. A private interest does not include an interest in a decision or matter that is of general application, that affects you as one of a broad class of persons, or that concerns your remuneration or benefits received by virtue of your public office. You are not required to recuse yourself from these types of decisions or matters[iv].
To identify whether a recusal is required, ask yourself the following questions:
-
Do I have a private interest, such as a financial interest, in this matter?
The more direct your interest, the more likely that your involvement in the matter could affect that interest, and the stronger the case is for recusal.
-
Do I have a family member, relative or friend whose private interests could be affected by the matter?
You must recuse yourself from a matter that involves the private interests of a
family member, relative or friend.
This information notice is intended to provide general guidance. If you are uncertain as to whether you should recuse yourself from a matter, your advisor can provide confidential advice specific to your situation.
3. I have recused myself. Do I need to report this recusal?
If you are a reporting public office holder[v], you must report each recusal to the Office and publicly declared each recusal within 60 days after the day on which the recusal took place.
You are asked to notify the Office of this as soon as possible so that you can make your declaration public within the 60-day time limit set out in the Act.
The declaration must provide sufficient detail to identify the conflict of interest that was avoided unless the matter falls under one of the
exceptions provided for in the Act, such as a confidence of the Queen's Privy Council. You can report a recusal by logging in to your account in the Office's
Declaration Portal or by contacting your advisor.
4. Can the Commissioner order a recusal?
Yes, the Commissioner
may order you, in respect of any matter, to take any compliance measure, including recusal, that the Commissioner determines is necessary to comply with the Act.
These orders are posted on the Office's
public registry.
5. Am I still required to recuse myself if I have a conflict of interest screen?
In certain circumstances, you and the Commissioner may agree to put in place a conflict of interest screen to shield you from participating in certain matters that may give rise to a conflict of interest. The content of the screen is posted on the Office's public registry.
Screens are preventative compliance measures that seek to minimize the likelihood of conflicts of interest arising. However, it is important to note that screens do not absolve you of your obligation to recuse yourself—and your requirement to publicly declare such recusals—if you are made aware of a matter that should have been caught by your screen.
You may be interested in reading our information notices on
complying with the Act and on
conflict of interest screens.
6. What happens if I do not comply with my obligations?
The Act sets out a process for the application of administrative monetary penalties not exceeding $500 for reporting public office holders who fail to publicly declare a recusal within 60 days after the day the recusal occurred.
If the Commissioner has reason to believe that a reporting public office holder has contravened the Act, the matter may be examined on the Commissioner's own initiative. A report setting out the facts in question as well as the Commissioner's analysis and conclusions is provided to the Prime Minister and made public.
7. Examination reports dealing with recusal obligations:
The Watson Report
The Finley Report
The Wright Report
The Trudeau I Report
Morneau Report
LeBlanc Report
[i] Subsection 2(1) of the Act defines a public office holder as:
(a) a minister of the Crown, a minister of state or a parliamentary secretary;
(a.1) the Chief Electoral Officer;
(b) a member of ministerial staff;
(c) a ministerial adviser;
(d) a Governor in Council appointee, other than the following persons, namely,
(i) a lieutenant governor,
(ii) officers and staff of the Senate, House of Commons and Library of Parliament,
(iii) a person appointed or employed under the Public Service Employment Act who is a head of mission as defined in subsection 15(1) of the Department of Foreign Affairs, Trade and Development Act,
(iv) a judge who receives a salary under the Judges Act,
(v) a military judge within the meaning of subsection 2(1) of the National Defence Act,
(vi) a Deputy Commissioner of the Royal Canadian Mounted Police, and
(vii) a member of the National Security and Intelligence Committee of Parliamentarians;
(d.01) the Parliamentary Budget Officer;
(d.1) a ministerial appointee whose appointment is approved by the Governor in Council; and
(e) a person or a member of a class of persons if the person or class of persons is designated under subsection 62.1(1) or 62.2(1).
[ii] See for example the
LeBlanc Report.
[iii] See for example
The Finley Report and
The Wright Report.
[iv] See for example the
Morneau Report.
[v] Subsection 2(1) of the Act defines a reporting public office holder as a public office holder who is:
(a) a minister of the Crown, minister of state or parliamentary secretary;
(a.1) the Chief Electoral Officer;
(b) a member of ministerial staff who works on average 15 hours or more a week;
(c) a ministerial adviser;
(d) a Governor in Council appointee, or a ministerial appointee whose appointment is approved by the Governor in Council, who exercises his or her official duties and functions on a part-time basis but receives an annual salary and benefits;
(e) a Governor in Council appointee, or a ministerial appointee whose appointment is approved by the Governor in Council, who exercises his or her official duties and functions on a full-time basis;
(e.1) the Parliamentary Budget Officer; or
(f) a person or a member of a class of persons if the person or class of persons is designated under subsection 62.1(2) or 62.2(2).
