NEWS RELEASE
January 15, 2025
In an investigation report released today, Conflict of Interest and Ethics Commissioner Konrad von Finckenstein found that Mr. Glen Bloom, a former member of the Canadian Cultural Property Export Review Board, did not contravene the Conflict of Interest Act's post-employment rules.
It was alleged that Mr. Bloom had “switched sides" after leaving public office by representing an art auction house in a 2024 Review Board proceeding that appeared to be about the same issue as a 2022 Review Board proceeding in which he had participated as a Review Board member.
Under subsection 34(1) of the Act, former public office holders are not allowed to work for or represent a person or organization on a specific proceeding, transaction, negotiation or case to which the Crown is a party if they previously acted for or advised the Crown on it.
The Commissioner found that Mr. Bloom did not contravene subsection 34(1) of the Act, because the two proceedings dealt with separate reviewable decisions—even though they involved the same art auction house and the same work of art.
One proceeding, in 2022, was a procedural determination about whether the Review Board could legally extend a filing deadline. The art auction house had asked the Review Board to review the Canada Border Services Agency's refusal to grant it an export permit, but missed the deadline to file its request. Mr. Bloom was a member of the panel that concluded the Review Board did not have the authority to extend the deadline. The requested review did not take place.
The other proceeding, in 2024, was a review of the merits of the Canada Border Services Agency's second refusal to give the art auction house an export permit. Mr. Bloom, who was no longer a member of the Review Board, represented the art auction house in this proceeding.
Quotes from Commissioner von Finckenstein
“This report explores an important post-employment rule in the Conflict of Interest Act."
“It also serves as a reminder that some of the Act's post-employment rules apply to all former public office holders, no matter how long they have been out of public office. It's not easy to determine how those rules apply in all situations, so they can always reach out to the Commissioner's Office for advice."
Additional facts
The Conflict of Interest Act applies to most people appointed to their positions by the Governor in Council (the Governor General acting on the advice of the Cabinet). They include ministers, parliamentary secretaries, ministerial staff, deputy ministers, associate deputy ministers, members of federal boards, commissions and tribunals, and some senior public servants.
All former public office holders must follow certain post-employment rules for life. These rules are not subject to any exemption, waiver or reduction of the cooling-off period:
Section 33 of the Act prohibits former public office holders from taking improper advantage of their previous public office.
Subsection 34(1) prohibits them from working for or on behalf of a person or organization on a specific proceeding, transaction, negotiation or case to which the Crown is a party if they previously worked for or advised the Crown on it.
Subsection 34(2) prohibits them from advising a client, business associate or employer using information they got while in office and that is not available to the public.
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