Ethics Commissioner (Canada)
From Wikipedia, the free encyclopedia
The Office of the Conflict of Interest and Ethics Commissioner of Canada is a Canadian government institution. It was created as a result of the Federal Accountability Act, also known as An Act providing for conflict of interest rules, restrictions on election financing and measures respecting administrative transparency, oversight and accountability. The Federal Accountability Act created the Conflict of Interest Act which came into effect on July 9, 2007.
The position currently is filled by Mary Dawson, who assumed office on July 9, 2007.
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[edit] Mandate of the Commissioner and the Office
The Office of the Conflict of Interest and Ethics Commissioner supports the House of Commons in governing the conduct of its Members. Under the direction of the Standing Committee on Procedure and House Affairs, the Commissioner is responsible for administering the Conflict of Interest Code for Members of the House of Commons. This Code has been in effect since 2004 and was most recently amended in June of 2007.
It also administers the Conflict of Interest Act, which replaced the former Conflict of Interest and Post-Employment Code for Public Office Holders. Public office holders are members of the Cabinet of Canada, parliamentary secretaries, and full and part‑time ministerial staff and advisors, Governor in Council and ministerial appointees (deputy ministers, heads of agencies and Crown corporations, members of federal boards and tribunals).
[edit] Administrative duties
In administering the Act and the Code, the Commissioner is given the responsibility of ensuring all people holding public office conform to the stipulations of these two sets of regulations in their decisions which apply to their office, duties and responsibilities.
[edit] Counselling duties
The Commissioner is charged with giving his opinion, confidential when necessary, to holders of public office which request his opinion on potential actions as they relate to legislation dealing with ethics. The Commissioner provides confidential advice to public office holders and Members of Parliament about how to comply with the Act and the MP’s Code respectively. The Commissioner is also mandated to provide confidential advice to the Prime Minister, Stephen Harper about conflict of interest and ethics issues.
[edit] Inquiries and Examinations
This is the most active and controversial duty of the Commissioner.
Members of Parliament can request an inquiry into the conduct of other members or public officials if they believe those actions contravene either the Act or the Code. The Commissioner may conduct an inquiry into whether a Member of the Canadian House of Commons as contravened the MP Code on the request of another Member or on her own initiative where there is reason to believe that a contravention has occurred. She may also be directed to conduct an inquiry by resolution of the House.
The Commissioner may also conduct an examination under the Conflict of Interest Act on the request of a member of the Senate of Canada or a member of the House of Commons, or on her initiative, where there is reason the believe that a breach has occurred.
The current Conflict of Interest and Ethics Commissioner has not issued reports on any inquiries or examinations. The previous Ethics Commissioner, Bernard Shapiro issued a number of reports on both Members of the House of Commons and public office holders, before the Act came into force.
Both the Act and the Code require that inquries and examinations must be conducted in private, but the final report is public and tabled in the Canadian House of Commons.
