cover image: RE: Request for examination into whether Minister of Energy and Natural

20.500.12592/m82mwb

RE: Request for examination into whether Minister of Energy and Natural

17 Aug 2023

The primary purpose of the COIA in section 3 is to "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." That means the Act should be interpreted by the Conflict of Interest and Ethics Commissioner with this goal in mind. [...] In articulating the definition of “apparent conflict of interest” in the seminal report Commission of Inquiry into the Facts of Allegations of Conflict of Interest Concerning the Honourable Sinclair M. [...] - page 8 of 12 - It is also important to note that the combination of section 4, section 9 and subsection 6(1) of the COIA make it a violation not only to participate in a decision-making process or try to influence a process in which there is an opportunity to further one’s own private interest or the interest of a relative or friend,. [...] Before appointment, a public office holder shall certify that he or she will comply with these Guidelines.” Annex B of the PM’s Code states that the PM and all members of the Cabinet to “must avoid conflict of interest, the appearance of conflict of interest and situations that have the potential to involve conflicts of interest.” In other words, it is improper for any member of Cabinet to partici. [...] Section 21 requires the public office holder to “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.” Subsection 25(1) requires public disclosure of the details of the recusal, and the conflict that required the recusal, within 60 days of when the recusal happens.

Authors

Duff Conacher

Pages
12
Published in
Canada