Just over half of them (51%) have to follow only those general rules. These “public office holders without reporting obligations” include part-time members of federal boards, commissions and tribunals appointed by the Governor in Council and ministerial staff who work on average less than 15 hours a week.

The rest (49%) have to follow some other rules as well. They must confidentially disclose certain information to the Office and publicly declare some information. They are restricted in their outside activities. They are not allowed to hold controlled assets like publicly traded securities. And they face a cooling-off period after leaving public office. These “reporting public office holders” include ministers and parliamentary secretaries, ministerial staff who work on average 15 hours or more a week and people appointed to full-time positions by the Governor in Council.​

Breakdown of reporting pu​blic office holders (Snapshot as of March 31, 2023)​

*Also subject to Conflict of Interest Code for Members of the House of Commons

​At the end of 2022‑2023, 15% more people were subject to the Act than at the end of the year before. The Office’s quarterly statistical reports show how the number of public office holders varied during the year. 

Turnover among public office holders affects the Office’s workload. For example, when a reporting public office holder is appointed or reappointed, the Office guides them through the initial compliance process. It advises them while they are in office and helps them understand the Act’s post-employment rules when they leave. It also posts their information in the public registry and maintains internal records for them.

​Turnover in 2022-2023​

OU​​​R ACHIEVEMENTS​

Key activities

REPORTING to Parliament

The Conflict of Interest and Ethics Commissioner has a duty to report to Parliament, testify before parliamentary committees and answer questions from Parliament. The Commissioner reports on behalf of Canadians to Parliament directly, not through a minister. This reflects the Commissioner’s independence as an Officer of the House of Commons.

By June 30 each year, the Commissioner must send an annual report on the administration of the Conflict of Interest Act to the Speakers of the House of Commons and Senate for tabling. The Office cannot submit the report in the absence of a Commissioner.

The Office sends communiqués to parliamentarians when it issues reports under the Act and the Conflict of Interest Code for Members of the House of Commons. It sent 10 communiqués in 2022‑2023. 

The House of Commons Standing Committee on Access to Information, Privacy and Ethics has oversight responsibility for the Office. It reviews the Office’s annual spending estimates and matters related to the Commissioner’s reports under the Act. On May 12, 2022, former Commissioner Mario Dion appeared before the Committee to discuss​ the Office’s 2022‑2023 budget. That appearance was part of the Main Estimates process.​

COMPLIANCE

To support its mission ​to ensure full compliance with the conflict of interest regimes it administers, the Office uses most of its resources to help regulatees follow the rules. ​

Employees in the Advisory and Compliance division help public office holders comply with the Conflict of Interest Act. They give them confidential direction and advice. That guidance is sometimes based on legal opinions prepared by the Investigations and Legal Services division. 

To meet the Act’s transparency requirements, the Office posts in the public registry some of the information submitted by public office holders.​

​How does the Offic​e help public office holders comply with the Act?

​​​

The Office aims to contact all public office holders personally within three days of learning of their appointment or reappointment.​

When are public office holders contacted by the O​ffice?​

All reporting public office holders must complete an initial compliance process under the Conflict of Interest Act. This means they have to give the Office certain information. When they disclose their information, advisors can help them arrange their affairs to avoid conflicts of interest. Advisors also help them learn the rules. Once they complete the process, it is easier for them to comply with the Act going forward. Public office holders can also ask the Office for advice at any time. 

Initial compliance is a two-stage process. It must be completed within 120 days after a reporting public office holder’s appointment, or after their reappointment if there is a gap since their last term of office. Reporting public office holders who do not complete these stages on time risk an administrative monetary penalty. 

The first stage must be completed within 60 days after appointment. This is when the reporting public office holder must submit a Confidential Report to the Office.

The second stage must be completed within 120 days after appointment. This is when an advisor in the Office reviews the Confidential Report and discusses it with the reporting public office holder. They also discuss any measures that may be needed to comply with the Act. Examples are divestment of controlled assets, withdrawal from outside activities​ and conflict of interest screens. The advisor prepares a Summary Statement based on the Confidential Report and any needed public declarations for the reporting public office holder to review, sign and return. Once those items are signed and returned, the initial compliance process is over.

The Office then posts the reporting public office holder’s information in the public registry​. ​​

Initial compliance process for public office holders

​​

In 2022‑2023, 83% of reporting public office holders submitted their initial compliance information on time. Of the remaining 17%, more than half submitted their information within one week of the deadline. Deadlines may be missed if the Office is not notified of new appointments right away or if complex measures are needed to complete the file.

The number of initial compliance processes completed does not always match the number of summary statements posted in the public registry in a given fiscal year. That is because some processes may have been completed in one fiscal year and the statements posted in the next.

Dives​tment

Reporting public office holders must divest a​ny controlled assets​ they have. They can sell them in an arm’s-length transaction (to someone other than a relative, friend or business associate). Or they can place them in a blind trust.

Under subsection 27(10) of the Act, the Commissioner can grant an exception to this rule in certain cases. The reporting public office holder must not be a minister or parliamentary secretary. And their total investments in controlled assets must be of such minimal value they do not constitute any risk of conflict of interest in relation to their official duties and functions. For the Office to consider an exception, the value of the controlled assets must be less than $30,000.

In 2022‑2023, there were 50 divestments of controlled assets, including 38 by sale and 12 by blind trust. 

The Office issues reimbursement orders to reporting public officer holders’ organizations for reasonable costs of setting up, maintaining and dismantling blind trusts. The Corporate Management division reviews and analyzes those costs, as well as withdrawal and commission fees. This helps the Commissioner decide if the costs are reasonable so reimbursement orders may be issued. In 2022‑2023, 153 orders for reimbursement were issued, totalling just under $775,000, down 27% from $1 million the previous year. There were fewer reimbursement orders for setting up blind trusts than the year before.

In 2022‑2023, the Office raised the maximum annual rates for reimbursing certain administrative costs for blind trusts. The new rates are listed in an updated information notice. They apply to billing periods ending on or after January 1, 2023.​

Public office holders without reporting obligations do not have to complete an initial compliance process. After they are appointed, the Office sends them a letter with a copy of the Act and a summary of the rules they need to follow. When the end of their term is coming up, the Office sends them a post-employment letter. 

The Office also communicates with those public office holders while they are in office. In 2022‑2023, for example, it sent them links to investigation reports and to the 2021-2022 Annual Report under the Act and invited them to four educational sessions.​

ONGOING REPORTING REQUIREMENTS 

After completing the initial compliance process, reporting public office holders must meet various reporting requirements throughout their time in office to stay in compliance with the Conflict of Interest Act.

For example, they must let the Office know about any change to the information in their Confidential Report, within 30 days of the change. This is very important because changes to their personal situation (called “material changes”) could create the potential for conflicts of interest. Material changes could include buying or selling a house or a car, getting or paying off a loan, and any new ties between their relatives or friends and government entities. 

Disclosing this kind of information to the Office can help prevent conflicts of interest. It allows the Office to advise reporting public office holders of anything they must do. This could include submitting a new public declaration or amending an existing one.​

Ongoing reporting requirements

Survey of P​ublic Office Holders

The Office continued to use the results of its January 2022 survey of public office holders—the first such survey since the Conflict of Interest Act took effect in 2007—to improve service delivery. 

To support transparency, in November 2022 it released detailed survey results​. Key takeaways:

• Most of those who responded believe the Office is a credible (80%), impartial (76%), helpful (73%), and trustworthy (81%) organization.

• The overwhelming majority (97%) said they were familiar with their obligations under the Act.

• Most (84%) who had recently interacted one-on-one with an Office employee were satisfied with their experience and thought the employee was courteous and helpful (91%), provided a timely and accurate response (89%) and gave them the information they needed (86%).

• Most said personal interactions are the Office’s top value-add.

• When asked about preferred training methods, most said they prefer online training with a live presenter.

The full survey is attached to this report as Appendix B.

End of mandate and pOST-EMPLOYMENT 

Some rules in the Conflict of Interest Act apply to public office holders who might be considering other jobs. Others apply to all public office holders after they leave public office.

While in office, public office holders must not let themselves be influenced by plans for, or offers of, outside employment. Reporting public office holders must let the Office know about all firm offers of outside employment within seven calendar days after receiving them. If a reporting public office holder is considering accepting an offer, their advisor can tell them if they can accept it given their obligations under the Act. If they accept an offer of outside employment, they must disclose the acceptance in writing to the Office, and to other authorities listed in the Act, within seven calendar days. Their advisor will then give them additional guidance on their current and post-employment obligations. 

Some of the Act’s post-employment rules​ apply to all former public office holders indefinitely. Others apply to former reporting public office holders for a cooling-off period of one or two years.

Former reporting public office holders do not have to report any new jobs they accept. However, they are encouraged to consult the Office to make sure they meet their post-employment obligations. The Office monitors sources of public information about their employment activities after leaving public office. It does this to ensure they meet the Act’s post-employment rules and to check that those activities match the information they gave the Office when entering post-employment.

In 2022‑2023, almost 250 individuals were still subject to a cooling-off period. This is a 40% decrease from the year before.​

PUBLIC REGISTRY 

The Office maintains a public registry of all information about individual regulatees that the Commissioner is authorized to make public. It is a searchable database that is often accessed by regulatees, the media, members of the public, governments, and ethics practitioners around the world. 

In 2022‑2023, the Office posted almost 1,400 items for all regulatees in the public registry, up 10% from the year before. 

There were over 80,500 public registry page views in 2022‑2023, almost a third more than the year before. In the past few years, there has been an overall increase in the number of public registry visits, with significant spikes in the first and last quarters of 2022‑2023. To promote transparency, the Office has drawn attention to the public registry in its public communications. This continued increase in the number of visits reflects greater interest in and knowledge of the Office’s mandate and the regimes it administers.​

What did public office holders declare?​

​*Ministers and parliamentary secretaries only

​

DIRECTION AND ADVICE 

Prevention is a major focus of the Conflict of Interest Act. Public office holders must learn the rules so they can recognize possible conflicts of interest and take steps to avoid them.

The Office guides public office holders proactively, giving them direction on issues that involve real or potential conflicts of interest.

It also encourages them to consult the Office if they have questions or concerns. Advisors give them advice based on the facts at hand, with input from the Commissioner as needed. The Commissioner personally reviews all advice for certain reporting public office holders. These include ministers, parliamentary secretaries, some heads of agencies, deputy ministers and chiefs of staff to ministers.

When asked, the Office also offers advice about the Act’s requirements to people who are considering a public office holder position.

In 2022‑2023, the Office responded to over 2,500 requests for advice from public office holders, down 25% from the year before. Several factors may account for this drop. For example, there were fewer requests for advice about post-employment obligations as there was an election the previous year that resulted in more turnover. The Office also targeted its educational sessions to public office holders to give them timely information about the Act. It received 18% fewer requests for advice about general obligations, likely because questions about them were answered during those sessions. 

Requests for advice about gifts and other advantages more than tripled from the year before. There were 167 public declarations of gifts, including event invitations, four times more than in the year before. This may be in part because there were more in-person events than earlier in the pandemic. 

The Office makes sure the confidential advice it gives public office holders is clear and consistent. Advice reflects their personal circumstances, so different advice may be given in cases that appear similar. The Office ensures consistency by recording the Commissioner’s interpretations of the Act in an internal practice manual that advisors can consult, and by adding public office holders’ requests for advice to their files.

The Office tracks the types of advice requested so it can spot trends that may impact its workload and identify training needs. It has noted that some activities prompt regulatees to ask for advice or disclose certain information. For example, in November 2022, the Office organized an educational session on reporting obligations. In the next quarter, the number of gifts or other advantages and recusals reported to the Office rose 22%. 

The Office’s quarterly statistical reports track changes in the volume of requests for advice and types of advice requested. By monitoring and analyzing trends, the Office can anticipate and meet regulatees’ information needs.​

What did public office holders ask about by quarter?​

EDUCATIO​​N AND OUTREACH

Public office holders are key stakeholders of the Office. One of its strategic objectives is to increase the trust key stakeholders have in the Office and the Office’s credibility in their eyes. The idea is for them to become stronger allies in the delivery of its mandate and to be able to effectively manage conflict of interest issues. 

In 2022‑2023, the Office started implementing a strategic communications and engagement plan to help achieve that objective. The plan includes ways to better understand the needs of the Office’s audiences so it can make its communications and outreach activities more effective. Regulatees, including public office holders, are its primary target audience so the Office reaches them in different ways than the media, academics, domestic and international stakeholders, and others. Actions in the plan help the Office give public office holders the information they need, when they need it, and in the way they want to receive it.

In the past three years, the Office revamped its training materials, tested different technologies, and researched new ways to deliver educational sessions to regulatees. It also analyzed the results of the 2022 survey of public office holders to see if their roles affected their training needs and preferences. The result of all this research and testing was a plan for delivering educational sessions on a regular basis and in a purposeful way. In 2022‑2023, the Office started regularly inviting public office holders to educational sessions geared to their particular status and where they are in their mandate.

The Office collected feedback on these sessions to continuously improve its education and outreach program.

It engaged with the Privy Council Office so more public office holders could attend its educational sessions. This cooperation means potential Governor in Council appointees can be included in the sessions for new reporting public office holders. It also encourages attendance by helping make new regulatees aware of the sessions.

The Office gave 23 educational presentations to ministers’ offices and organizations with public office holders. It offered 14 of these proactively and the rest when asked by regulatees or their organizations. The ministers’ offices were Canadian Heritage, and International Trade, Export Promotion, Small Business and Economic Development. 

Most of these educational activities were online, allowing more regulatees to attend, and letting participants ask questions anonymously. Online training is also cost-effective.

The Office reached over 300 regulatees through educational sessions and presentations in 2022‑2023, fewer than the year before. This is because it invited fewer public office holders. It reached out to individual public office holders at specific points during their mandate so the sessions would be more useful to them. 

The Office wrote an op-ed that was published in The Hill Times in August 2022. The article explained why ministerial staff must follow different conflict of interest rules than Members of the House of Commons’ staff and what those rules are. The Hill Times is a key news source for ministerial staff and others who work on Parliament Hill, so this was a good opportunity for the Office to reach some of its key stakeholders.

The Office also conducts activities that may help educate future public office holders or ethics practitioners. For example, in January 2023 the Director of Communications, Outreach and Planning gave a presentation to a class at Carleton University. Lobbying Commissioner, Nancy Bélanger, also participated. The Office has a Memorandum of Understanding with the Commissioner of Lobbying for joint educational activities.

ENFORCEMENT

The Office seeks to ensure full compliance with the Conflict of Interest Act. However, it can also use the Act’s enforcement mechanisms to address non-compliance.

Administrat​ive Monetary Penalties

Under sections 52 and 53 of the Act, the Commissioner can impose administrative monetary penalties of up to $500 for not meeting certain reporting requirements within set deadlines. 

When a penalty is issued, the Commissioner must make public the nature of the violation, the name of the public office holder and the amount of the penalty. The Office posts penalties in the public registry. It may also publish them on social media to support openness and transparency and encourage compliance.​

​​​Administrative monetary penalties

Compliance O​rders

Under section 30 of the Act, the Commissioner may order a public office holder to take any measure to comply with it. Compliance measures include submitting documents for their annual review, divesting controlled assets or ceasing prohibited activities. Like administrative monetary penalties, compliance orders are posted in the public registry and may be shared on social media.​

​​​

Exa​minations

Investigations under the Act are called “examinations.” Under section 44​ of the Act, the Commissioner can investigate a possible contravention at the request of a Senator or Member of the House of Commons who provides reasonable grounds to believe the Act has been contravened. The Office received two examination requests from Members in 2022‑2023.  

Under section 45 of the Act, the Commissioner may self-initiate an examination if the Commissioner has reason to believe a current or former public office holder has contravened the Act. A decision to investigate may result from information from media reports or complaints from members of the public, among other sources. The Office received eight examination requests from members of the public in 2022‑2023.  

The Commissioner issues a public report​ when an examination is completed. When the Commissioner decides to discontinue an examination launched under section 44​ of the Act, a discontinuance report is issued. However, when an examination launched under section 45 is discontinued, the Commissioner decides whether to issue a report.

The Commissioner reports on examinations under the Act to the Prime Minister.

In 2022‑2023, the Office issued two examination reports under the Act.​

Fergus ​Report

The Fergus Report, issued on February 14, 2023, focused the conduct of the Honourable Greg Fergus, Parliamentary Secretary to the Prime Minister and to the President of the Treasury Board, and Member of Parliament for Hull–Aylmer. Former Commissioner Dion found Mr. Fergus contravened section 9 the Act when he wrote a letter supporting a television network’s application for a broadcasting licence that was before the Canadian Radio-television and Telecommunications Commission (CRTC). Section 9 prohibits public office holders from using their position to seek to influence a decision of another person so as to improperly further another person’s private interests.

The Commissioner found the letter of support was intended to influence a CRTC decision in order to further the network’s private interests. The Commissioner further determined that Mr. Fergus sought to improperly further those private interests because he did not follow the practice established for parliamentary secretaries in dealing with administrative tribunals like the CRTC. 

Even though Mr. Fergus signed the letter as a Member of Parliament and did not use his Parliamentary Secretary title, the Office had previously established, in compliance orders, in The Gill Report​ and in an information notice, that ministers and parliamentary secretaries should not write letters of support to quasi-judicial tribunals like the CRTC, given their governmental roles and the influence they have. The role of parliamentary secretaries and the principle of non-intervention in quasi-judicial decisions are also outlined in the Prime Minister’s Open and Accountable Government guide​.

Ng Report

The Ng Report, issued on December 13, 2022, was about the conduct of the Honourable Mary Ng, Minister of International Trade, Export Promotion, Small Business and Economic Development. 

The examination focused on whether Minister Ng had contravened subsection 6(1), section 9 or section 21 of the Act by participating in the process that led to the awarding of two government contracts to a company owned by a friend. Subsection 6(1) prohibits public office holders from making a decision that would place them in a conflict of interest. As described in section 4​, they are in a conflict of interest when they exercise an official power, duty or function that provides an opportunity to further their private interests or those of their relatives or friends or to improperly further another person’s private interests. Section 9 prohibits public office holders from using their position as a public office holder to seek to influence a decision of another person so as to further the public office holder’s private interests or those of their relatives or friends or to improperly further another person’s private interests. Section 21​ requires public office holders to recuse themselves from any discussion, decision, debate or vote on any matter in respect of which they would be in a conflict of interest.

In March 2019 and April 2020, contracts for media training services were signed on behalf of the Minister with a company co-founded and run by Ms. Amanda Alvaro. Former Commissioner Dion  determined that Ms. Ng and Ms. Alvaro were friends within the meaning of the Act and that Ms. Ng was exercising an official power, duty or function when she participated in the process that led to the awarding of the contracts to her friend’s company. Given their friendship, obtaining services from the company improperly furthered its interests and placed Ms. Ng in a conflict of interest as defined by the Act, in contravention of subsection 6(1).

The Commissioner found that Ms. Ng also contravened section 21 of the Act by failing to recuse herself from the contract decisions. She should have known to instead withdraw from the process that led to the awarding of the contracts and obtain similar services from another provider.

Having determined that Ms. Ng was involved in the process that led to the awarding of the contracts, there was no need to examine the issue of her influence over the decisions to award those contracts under section 9 of the Act.

Case files under the Act in 2022-2023​