Ethics Commissioner (Canada)
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.
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 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 tribunal
s).
, Stephen Harper
about conflict of interest and ethics issues.
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 issued several reports on inquiries and 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 inquiries and examinations must be conducted in private, but the final report is public and tabled in the Canadian House of Commons
.
The position currently is filled by Mary Dawson
Mary Dawson (Canadian civil servant)
Mary Elizabeth Dawson is the current Conflict of Interest and Ethics Commissioner of Canada. She was appointed by the minority Conservative government of Prime Minister Stephen Harper on July 9, 2007 as the Conflict of Interest Act came into force....
, who assumed office on July 9, 2007.
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 CommitteeStanding Committee
In the United States Congress, standing committees are permanent legislative panels established by the United States House of Representatives and United States Senate rules. . Because they have legislative jurisdiction, standing committees consider bills and issues and recommend measures for...
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 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
Cabinet of Canada
The Cabinet of Canada is a body of ministers of the Crown that, along with the Canadian monarch, and within the tenets of the Westminster system, forms the government of Canada...
, parliamentary secretaries
Parliamentary Secretary
A Parliamentary Secretary is a member of a Parliament in the Westminster system who assists a more senior minister with his or her duties.In the parliamentary systems of several Commonwealth countries, such as the United Kingdom, Canada and Australia, it is customary for the prime minister to...
, 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 tribunal
Tribunal
A tribunal in the general sense is any person or institution with the authority to judge, adjudicate on, or determine claims or disputes—whether or not it is called a tribunal in its title....
s).
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.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 MinisterPrime minister
A prime minister is the most senior minister of cabinet in the executive branch of government in a parliamentary system. In many systems, the prime minister selects and may dismiss other members of the cabinet, and allocates posts to members within the government. In most systems, the prime...
, Stephen Harper
Stephen Harper
Stephen Joseph Harper is the 22nd and current Prime Minister of Canada and leader of the Conservative Party. Harper became prime minister when his party formed a minority government after the 2006 federal election...
about conflict of interest and ethics issues.
Inquiries and Examinations
This is the most active and controversial duty of the Commissioner.Members of Parliament
Member of Parliament
A Member of Parliament is a representative of the voters to a :parliament. In many countries with bicameral parliaments, the term applies specifically to members of the lower house, as upper houses often have a different title, such as senate, and thus also have different titles for its members,...
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
Canadian House of Commons
The House of Commons of Canada is a component of the Parliament of Canada, along with the Sovereign and the Senate. The House of Commons is a democratically elected body, consisting of 308 members known as Members of Parliament...
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 issued several reports on inquiries and examinations. The previous Ethics Commissioner, Bernard Shapiro
Bernard Shapiro
Bernard Jack Shapiro, is a Canadian academic, civil servant, former Principal and Vice-Chancellor of McGill University from 1994 to 2004, and the first Ethics Commissioner of Canada between May 17, 2004 and March 29, 2007.-Biography:...
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 inquiries and examinations must be conducted in private, but the final report is public and tabled in the Canadian House of Commons
Canadian House of Commons
The House of Commons of Canada is a component of the Parliament of Canada, along with the Sovereign and the Senate. The House of Commons is a democratically elected body, consisting of 308 members known as Members of Parliament...
.