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

Act current to 2016-05-12 and last amended on 2014-11-28. 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.

Marginal note:Offers of outside employment

 No public office holder shall allow himself or herself to be influenced in the exercise of an official power, duty or function by plans for, or offers of, outside employment.

Marginal note:Gifts and other advantages
  •  (1) No public office holder or member of his or her family shall accept any gift or other advantage, including from a trust, that might reasonably be seen to have been given to influence the public office holder in the exercise of an official power, duty or function.

  • Marginal note:Exception

    (2) Despite subsection (1), a public office holder or member of his or her family may accept a gift or other advantage

    • (a) that is permitted under the Canada Elections Act;

    • (b) that is given by a relative or friend; or

    • (c) that is received as a normal expression of courtesy or protocol, or is within the customary standards that normally accompany the public office holder’s position.

  • Marginal note:Forfeiture

    (3) When a public office holder or a member of his or her family accepts a gift or other advantage referred to in paragraph (2)(c) that has a value of $1,000 or more, the gift or other advantage is, unless otherwise determined by the Commissioner, forfeited to Her Majesty in right of Canada.

Marginal note:Travel

 No minister of the Crown, minister of state or parliamentary secretary, no member of his or her family and no ministerial adviser or ministerial staff shall accept travel on non-commercial chartered or private aircraft for any purpose unless required in his or her capacity as a public office holder or in exceptional circumstances or with the prior approval of the Commissioner.

Marginal note:Contracts with public sector entities
  •  (1) No minister of the Crown, minister of state or parliamentary secretary shall knowingly be a party to a contract with a public sector entity under which he or she receives a benefit, other than a contract under which he or she is entitled to pension benefits.

  • Marginal note:Partnerships and private companies

    (2) No minister of the Crown, minister of state or parliamentary secretary shall have an interest in a partnership or private corporation that is a party to a contract with a public sector entity under which the partnership or corporation receives a benefit.

  • Marginal note:Exception

    (3) Subsections (1) and (2) do not apply if the Commissioner is of the opinion that the contract or interest is unlikely to affect the exercise of the official powers, duties and functions of the minister of the Crown, minister of state or parliamentary secretary.

Marginal note:Contracting
  •  (1) No public office holder who otherwise has the authority shall, in the exercise of his or her official powers, duties and functions, enter into a contract or employment relationship with his or her spouse, common-law partner, child, sibling or parent.

  • Marginal note:Public sector entity — public office holders

    (2) No public office holder, other than a minister of the Crown, minister of state or parliamentary secretary, who otherwise has the authority shall permit the public sector entity for which he or she is responsible, or to which he or she is assigned, to enter into a contract or employment relationship with his or her spouse, common-law partner, child, sibling or parent except in accordance with an impartial administrative process in which the public office holder plays no part.

  • Marginal note:Public sector entity — ministers

    (3) No minister of the Crown, minister of state or parliamentary secretary who otherwise has the authority shall permit the public sector entity for which he or she is responsible, or to which he or she is assigned, to enter into a contract or employment relationship with his or her spouse, common-law partner, child, sibling or parent.

  • Marginal note:Other ministers or party colleagues

    (4) No minister of the Crown, minister of state or parliamentary secretary who otherwise has the authority shall permit anyone acting on his or her behalf to enter into a contract or employment relationship with a spouse, common-law partner, child, sibling or parent of another minister of the Crown, minister of state or parliamentary secretary or party colleague in Parliament, except in accordance with an impartial administrative process in which the minister of the Crown, minister of state or parliamentary secretary plays no part.

  • Marginal note:Restriction

    (5) Subsection (4) does not apply in respect of the appointment of a member of ministerial staff or a ministerial adviser.

  • Marginal note:Certain contracts excluded

    (6) This section does not apply to a contract for goods or services offered by a public sector entity on the same terms and conditions as to the general public.

Marginal note:Prohibited activities
  •  (1) No reporting public office holder shall, except as required in the exercise of his or her official powers, duties and functions,

    • (a) engage in employment or the practice of a profession;

    • (b) manage or operate a business or commercial activity;

    • (c) continue as, or become, a director or officer in a corporation or an organization;

    • (d) hold office in a union or professional association;

    • (e) serve as a paid consultant; or

    • (f) be an active partner in a partnership.

  • Marginal note:Exception

    (1.1) Despite paragraph (1)(a), for the purpose of maintaining his or her employment opportunities or ability to practice his or her profession on leaving public office, a reporting public office holder may engage in employment or the practice of a profession in order to retain any licensing or professional qualifications or standards of technical proficiency necessary for that purpose if

    • (a) the reporting public office holder does not receive any remuneration; and

    • (b) the Commissioner is of the opinion that it is not incompatible with the reporting public office holder’s duties as a public office holder.

  • Marginal note:Exception

    (2) Despite paragraph (1)(c), a reporting public office holder who is a director or officer in a Crown corporation as defined in section 83 of the Financial Administration Act may continue as, or become, a director or officer in a financial or commercial corporation but only if the Commissioner is of the opinion that it is not incompatible with his or her public duties as a public office holder.

  • Marginal note:Exception

    (3) Despite paragraph (1)(c), a reporting public office holder may continue as, or become, a director or officer in an organization of a philanthropic, charitable or non-commercial character but only if the Commissioner is of the opinion that it is not incompatible with his or her public duties as a public office holder.

  • Marginal note:Political activities

    (4) Nothing in this section prohibits or restricts the political activities of a reporting public office holder.

  • 2006, c. 9, s. 2 "15";
  • 2011, c. 24, s. 168.
 
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