Conflict of Interest Act (S.C. 2006, c. 9, s. 2)

Act current to 2014-04-02 and last amended on 2013-12-12. Previous Versions

PURPOSE

Marginal note:Purpose of the Act

 The purpose of this Act is to

  • (a) establish clear conflict of interest and post-employment rules for public office holders;

  • (b) minimize the possibility of conflicts arising between the private interests and public duties of public office holders and provide for the resolution of those conflicts in the public interest should they arise;

  • (c) provide the Conflict of Interest and Ethics Commissioner with the mandate to determine the measures necessary to avoid conflicts of interest and to determine whether a contravention of this Act has occurred;

  • (d) encourage experienced and competent persons to seek and accept public office; and

  • (e) facilitate interchange between the private and public sector.

PART 1CONFLICT OF INTEREST RULES

Marginal note:Conflict of interest

 For the purposes of this Act, a public office holder is in a conflict of interest when he or she exercises an official power, duty or function that provides an opportunity to further his or her private interests or those of his or her relatives or friends or to improperly further another person’s private interests.

Marginal note:General duty

 Every public office holder shall arrange his or her private affairs in a manner that will prevent the public office holder from being in a conflict of interest.

Marginal note:Decision-making
  •  (1) No public office holder shall make a decision or participate in making a decision related to the exercise of an official power, duty or function if the public office holder knows or reasonably should know that, in the making of the decision, he or she would be in a conflict of interest.

  • Marginal note:Abstention from voting

    (2) No minister of the Crown, minister of state or parliamentary secretary shall, in his or her capacity as a member of the Senate or the House of Commons, debate or vote on a question that would place him or her in a conflict of interest.

Marginal note:Preferential treatment

 No public office holder shall, in the exercise of an official power, duty or function, give preferential treatment to any person or organization based on the identity of the person or organization that represents the first-mentioned person or organization.

Marginal note:Insider information

 No public office holder shall use information that is obtained in his or her position as a public office holder and that is not available to the public to further or seek to further the public office holder’s private interests or those of the public office holder’s relatives or friends or to improperly further or to seek to improperly further another person’s private interests.

Marginal note:Influence

 No public office holder shall use his or her 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 the public office holder’s relatives or friends or to improperly further another person’s private interests.