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

Act current to 2017-12-11 and last amended on 2017-10-06. Previous Versions

Marginal note:Fundraising

 No public office holder shall personally solicit funds from any person or organization if it would place the public office holder in a conflict of interest.

Marginal note:Divestiture of controlled assets

 No reporting public office holder shall, unless otherwise provided in Part 2, hold controlled assets as defined in that Part.

Marginal note:Anti-avoidance

 No public office holder shall take any action that has as its purpose the circumvention of the public office holder’s obligations under this Act.

Marginal note:Condition of appointment or employment

 Compliance with this Act is a condition of a person’s appointment or employment as a public office holder.

PART 2Compliance Measures

Interpretation

Marginal note:Definitions

 The following definitions apply in this Part.

assets

bien

assets includes any trusts in respect of which a public office holder or a member of his or her family is a beneficiary. (bien)

controlled assets

bien contrôlé

controlled assets means assets whose value could be directly or indirectly affected by government decisions or policy including, but not limited to, the following:

  • (a) publicly traded securities of corporations and foreign governments, whether held individually or in an investment portfolio account such as, but not limited to, stocks, bonds, stock market indices, trust units, closed-end mutual funds, commercial papers and medium-term notes;

  • (b) self-administered registered retirement savings plans, self-administered registered education savings plans and registered retirement income funds composed of at least one asset that would be considered controlled if held outside the plan or fund;

  • (c) commodities, futures and foreign currencies held or traded for speculative purposes; and

  • (d) stock options, warrants, rights and similar instruments. (bien contrôlé)

exempt assets

bien exclu

exempt assets means assets and interests in assets for the private use of public office holders and the members of their family and assets that are not of a commercial character, including the following:

  • (a) primary and secondary residences, recreational property and farm land and buildings used or intended for use by public office holders or the members of their family;

  • (b) household goods and personal effects;

  • (c) works of art, antiques and collectibles;

  • (d) automobiles and other personal means of transportation;

  • (e) cash and deposits;

  • (f) Canada Savings Bonds and other similar investments issued or guaranteed by any level of government in Canada or agencies of those governments;

  • (g) registered retirement savings plans and registered education savings plans that are not self-administered or self-directed;

  • (h) investments in open-ended mutual funds;

  • (i) guaranteed investment certificates and similar financial instruments;

  • (j) public sector debt financing not guaranteed by a level of government, such as university and hospital debt financing;

  • (k) annuities and life insurance policies;

  • (l) pension rights;

  • (m) money owed by a previous employer, client or partner;

  • (n) personal loans receivable from the public office holder’s relatives, and personal loans of less than $10,000 receivable from other persons if the public office holder has loaned the moneys receivable;

  • (o) money owed under a mortgage or hypothec of less than $10,000;

  • (p) self-administered or self-directed registered retirement savings plans, registered education savings plans and registered retirement income funds composed exclusively of assets that would be considered exempt if held outside the plan or fund; and

  • (q) investments in limited partnerships that are not traded publicly and whose assets are exempt assets. (bien exclu)

Recusal

Marginal note:Duty to recuse

 A public office holder shall recuse himself or herself from any discussion, decision, debate or vote on any matter in respect of which he or she would be in a conflict of interest.

Confidential Disclosure

Marginal note:Confidential report
  •  (1) A reporting public office holder shall, within 60 days after the day on which he or she is appointed as a public office holder, provide a confidential report to the Commissioner.

  • Marginal note:Content of report

    (2) The report required under subsection (1) must contain the following:

    • (a) a description of all of the reporting public office holder’s assets and an estimate of their value;

    • (b) a description of all of the reporting public office holder’s direct and contingent liabilities, including the amount of each liability;

    • (c) a description of all income received by the reporting public office holder during the 12 months before the day of appointment and all income the reporting public office holder is entitled to receive in the 12 months after the day of appointment;

    • (d) a description of all activities referred to in section 15 in which the reporting public office holder was engaged in the two-year period before the day of appointment;

    • (e) a description of the reporting public office holder’s involvement in philanthropic, charitable or non-commercial activities in the two-year period before the day of appointment;

    • (f) a description of all of the reporting public office holder’s activities as trustee, executor or liquidator of a succession or holder of a power of attorney in the two-year period before the day of appointment; and

    • (g) any other information that the Commissioner considers necessary to ensure that the reporting public office holder is in compliance with this Act.

  • Marginal note:Additional content

    (3) A minister of the Crown, minister of state or parliamentary secretary shall make reasonable efforts to include in the report the information referred to in subsection (2) for each member of his or her family.

  • Marginal note:Benefits from contracts

    (4) A reporting public office holder shall include in the report a description of all benefits that he or she, any member of his or her family or any partnership or private corporation in which he or she or a member of his or her family has an interest is entitled to receive during the 12 months after the day of appointment, as a result of a contract with a public sector entity and the report must include a description of the subject-matter and nature of the contract.

  • Marginal note:Notification of material change

    (5) If there is a material change in any matter in respect of which a reporting public office holder is required to provide a confidential report under this section, the reporting public office holder shall, within 30 days after the change, file a report with the Commissioner describing the material change.

Marginal note:Disclosure of gifts

 If the total value of all gifts or other advantages accepted by a reporting public office holder or a member of his or her family exceeds $200 from any one source other than relatives and friends in a 12-month period, the reporting public office holder shall disclose the gifts or other advantages to the Commissioner within 30 days after the day on which the value exceeds $200.

Marginal note:Disclosure of offers
  •  (1) A reporting public office holder shall disclose in writing to the Commissioner within seven days all firm offers of outside employment.

  • Marginal note:Disclosure of acceptance

    (2) A reporting public office holder who accepts an offer of outside employment shall within seven days disclose his or her acceptance of the offer in writing to the Commissioner as well as to the following persons:

    • (a) in the case of a minister of the Crown or minister of state, to the Prime Minister;

    • (b) in the case a parliamentary secretary, to the minister whom the parliamentary secretary assists;

    • (c) in the case of deputy heads, to the Clerk of the Privy Council;

    • (c.1) in the case of the Parliamentary Budget Officer, to the Speakers of the Senate and the House of Commons; and

    • (d) in the case of any other reporting public office holder, to the appropriate minister.

  • 2006, c. 9, s. 2 “24”;
  • 2017, c. 20, s. 188.
 
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