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

Marginal note:Waiver or reduction of limitations

• 39 (1) On application by a reporting public office holder or a former reporting public office holder, the Commissioner may waive or reduce any applicable period set out in section 36.

• Marginal note:Balancing

  (2) In exercising his or her discretion under subsection (1), the Commissioner shall consider whether the public interest in granting the waiver or reduction outweighs the public interest in maintaining the prohibition.

• Marginal note:Factors to be considered

  (3) In determining the public interest for the purposes of subsection (2), the Commissioner shall consider the following factors:

  • (a) the circumstances under which the reporting public office holder left his or her office;

  • (b) the general employment prospects of the reporting public office holder or former reporting public office holder;

  • (c) the nature, and significance to the Government of Canada, of information possessed by the reporting public office holder or former reporting public office holder by virtue of that office holder’s public office;

  • (d) the facilitation of interchange between the private and public sector;

  • (e) the degree to which the new employer might gain unfair commercial advantage by hiring the reporting public office holder or former reporting public office holder;

  • (f) the authority and influence possessed by the reporting public office holder or former reporting public office holder while in public office; and

  • (g) the disposition of other cases.

• Marginal note:Notice of decision

  (4) The decision made by the Commissioner shall be communicated in writing to the applicant referred to in subsection (1).

• Marginal note:Publication

  (5) If the Commissioner has granted a waiver or reduction in accordance with this section, the Commissioner shall publish the decision and the reasons in the public registry maintained under section 51.