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:Decision of Commissioner

 On receipt of a report under section 37, the Commissioner shall immediately determine whether the former reporting public office holder is complying with his or her obligations under this Part.

Marginal note:Order: official dealings
  •  (1) If the Commissioner determines that a former reporting public office holder is not complying with his or her obligations under this Part, the Commissioner may order any current public office holders not to have official dealings with that former reporting public office holder.

  • Marginal note:Duty to comply with order

    (2) All current public officer holders shall comply with an order of the Commissioner made under subsection (1).

Marginal note:No impact

 For greater certainty, no exemption granted in respect of a person under section 38 and no waiver or reduction granted in respect of a person under section 39 affects any obligation or prohibition that applies to that person under the Lobbying Act.

  • 2006, c. 9, ss. 2 "42", 35.

PART 4Administration and Enforcement

Mandate and Powers of the Commissioner

Marginal note:Confidential advice

 In addition to carrying out his or her other duties and functions under this Act, the Commissioner shall

  • (a) provide confidential advice to the Prime Minister, including on the request of the Prime Minister, with respect to the application of this Act to individual public office holders; and

  • (b) provide confidential advice to individual public office holders with respect to their obligations under this Act.

Marginal note:Request from parliamentarian
  •  (1) A member of the Senate or House of Commons who has reasonable grounds to believe that a public office holder or former public office holder has contravened this Act may, in writing, request that the Commissioner examine the matter.

  • Marginal note:Content of request

    (2) The request shall identify the provisions of this Act alleged to have been contravened and set out the reasonable grounds for the belief that the contravention has occurred.

  • Marginal note:Examination

    (3) If the Commissioner determines that the request is frivolous or vexatious or is made in bad faith, he or she may decline to examine the matter. Otherwise, he or she shall examine the matter described in the request and, having regard to all the circumstances of the case, may discontinue the examination.

  • Marginal note:Information from public

    (4) In conducting an examination, the Commissioner may consider information from the public that is brought to his or her attention by a member of the Senate or House of Commons indicating that a public office holder or former public office holder has contravened this Act. The member shall identify the alleged contravention and set out the reasonable grounds for believing a contravention has occurred.

  • Marginal note:Confidentiality

    (5) If a member of the Senate or House of Commons receives information referred to in subsection (4), the member, while considering whether to bring that information to the attention of the Commissioner, shall not disclose that information to anyone. If the member brings that information to the attention of the Commissioner under that subsection, the member shall not disclose that information to anyone until the Commissioner has issued a report under this section in respect of the information.

  • Marginal note:Referral to Speaker

    (6) Where the Commissioner is of the opinion that a member of the Senate or House of Commons has failed to comply with the confidentiality provision of subsection (5), the Commissioner may refer the matter, in confidence, to the Speaker of the Senate or House of Commons.

  • Marginal note:Report

    (7) The Commissioner shall provide the Prime Minister with a report setting out the facts in question as well as the Commissioner’s analysis and conclusions in relation to the request. The report shall be provided even if the Commissioner determines that the request was frivolous or vexatious or was made in bad faith or the examination of the matter was discontinued under subsection (3).

  • Marginal note:Making report available

    (8) The Commissioner shall, at the same time that the report is provided under subsection (7), provide a copy of it to the member who made the request — and the public office holder or former public office holder who is the subject of the request — and make the report available to the public.

  • Marginal note:Confidentiality

    (9) The Commissioner may not include in the report any information that he or she is required to keep confidential.

Marginal note:Examination on own initiative
  •  (1) If the Commissioner has reason to believe that a public office holder or former public office holder has contravened this Act, the Commissioner may examine the matter on his or her own initiative.

  • Marginal note:Discontinuance

    (2) The Commissioner, having regard to all the circumstances of the case, may discontinue the examination.

  • Marginal note:Report

    (3) Unless the examination is discontinued, the Commissioner shall provide the Prime Minister with a report setting out the facts in question as well as the Commissioner’s analysis and conclusions.

  • Marginal note:Making report available

    (4) The Commissioner shall, at the same time that the report is provided under subsection (3) to the Prime Minister, provide a copy of it to the public office holder or former public office holder who is the subject of the report and make the report available to the public.

Marginal note:Presentation of views

 Before providing confidential advice under paragraph 43(a) or a report under section 44 or 45, the Commissioner shall provide the public office holder or former public office holder concerned with a reasonable opportunity to present his or her views.

Marginal note:Conclusion in report final

 A conclusion by the Commissioner set out in a report under section 44 or 45 that a public office holder or former public office holder has or has not contravened this Act may not be altered by anyone but is not determinative of the measures to be taken as a result of the report.

Marginal note:Powers
  •  (1) For the purposes of paragraph 43(a) and sections 44 and 45, the Commissioner has the power to summon witnesses and require them

    • (a) to give evidence — orally or in writing — on oath or, if they are persons entitled to affirm in civil matters, on affirmation; and

    • (b) to produce any documents and things that the Commissioner considers necessary.

  • Marginal note:Enforcement

    (2) The Commissioner has the same power to enforce the attendance of witnesses and to compel them to give evidence as a court of record in civil cases.

  • Marginal note:Powers exercised in private

    (3) The powers referred to in subsections (1) and (2) shall be exercised in private.

  • Marginal note:Inadmissibility

    (4) Information given by a person under this section is inadmissible against the person in a court or in any proceeding, other than in a prosecution of the person for an offence under section 131 of the Criminal Code (perjury) in respect of a statement made to the Commissioner.

  • Marginal note:Confidentiality

    (5) Unless otherwise required by law, the Commissioner, and every person acting on behalf or under the direction of the Commissioner, may not disclose any information that comes to their knowledge in the performance of their duties and functions under this section, unless

    • (a) the disclosure is, in the opinion of the Commissioner, essential for the purposes of carrying out his or her powers under subsection (1) or establishing the grounds for any conclusion contained in a report under section 44 or 45; or

    • (b) the information is disclosed in a report referred to in paragraph (a) or in the course of a prosecution for an offence under section 131 of the Criminal Code (perjury) in respect of a statement made to the Commissioner.

Marginal note:Suspension of examination
  •  (1) The Commissioner shall immediately suspend an examination under section 43, 44 or 45 if

    • (a) the Commissioner believes on reasonable grounds that the public office holder or former public office holder has committed an offence under an Act of Parliament in respect of the same subject-matter, in which case the Commissioner shall notify the relevant authorities; or

    • (b) it is discovered that the subject-matter of the examination is also the subject-matter of an investigation to determine whether an offence referred to in paragraph (a) has been committed or that a charge has been laid in respect of that subject-matter.

  • Marginal note:Investigation continued

    (2) The Commissioner may not continue an examination until any investigation or charge in respect of the same subject-matter has been finally disposed of.

 
Date modified: