The committee was studying the Conflict of Interest Act, and heard from Konrad von Finckenstein, Commissioner of the Office of the Conflict of Interest and Ethics Commissioner, joined by Lyne Robinson-Dalpé, Director of Advisory and Compliance, and Michael Aquilino, Legal Counsel.
Commissioner von Finckenstein recommended six legislative changes to improve the administration of the act: allowing the lobbying commissioner to temporarily step in if the ethics commissioner is absent; adding "apparent" conflicts to the general duty of public office holders; permitting the commissioner to designate certain assets as exempt if they pose no conflict risk; allowing public officers to participate in matters affecting friends or relatives if those interests are shared with a broad class; letting the commissioner approve outside activities that do not conflict with duties; and raising maximum administrative monetary penalties to stress reporting requirements. He described Canada’s ethics framework as a gold standard and said the act has worked well since 2007, with only minor amendments needed for smoother administration.
Lyne Robinson-Dalpé explained that her office provides guidance to parliamentarians and public officials using an internal practice manual to ensure consistency, and that the system relies on good-faith disclosure from those subject to the rules. She noted that the commissioner’s office is aware of the vast majority of situations involving the Prime Minister’s conflict of interest screen and gives advice, but does not make final decisions on recusal.
Michael Aquilino stated that the general application exemption is found in all Canadian ethics regimes and exists because decisions made in the public interest that incidentally affect a public office holder should not be treated as conflicts. He defined an apparent conflict of interest as one where a reasonable person could apprehend that a conflict exists.
On Bill C-15, Commissioner von Finckenstein said he had not examined it from the perspective raised by members, but noted that if enacted, any minister acting under it would still be bound by the Conflict of Interest Act and must recuse themselves if a conflict arises. He disagreed with suggestions that the bill creates a systemic gap, arguing that exemptions would have to be published or otherwise become known.
Regarding the Prime Minister’s ethics screen, von Finckenstein said it is a preventive measure approved by the Federal Court of Appeal, managed by the chief of staff and the Clerk of the Privy Council, who consult his office regularly. He confirmed that the Prime Minister’s assets are in a blind trust and that the screen is designed to prevent him from making decisions that could affect those assets. He declined to comment on specific consultations, citing confidentiality.
On the list of Brookfield companies in the screen, von Finckenstein said the office has the list provided by the Prime Minister and his lawyers, which includes companies where he had a management role or oversight, and that most of the 2,000 Brookfield entities are de minimis or operate outside Canada. He said he has no power to ask Brookfield for updates on its investments or acquisitions, and has not reached out to the company.
In response to questions about apparent conflicts of interest, von Finckenstein supported adding that concept to the act, saying it would help maintain public trust and align with the code for members of Parliament and rules in other jurisdictions. He said he already has the power to investigate on his own initiative but has rarely used it, and that if the act were amended, he would apply the new standard on a case-by-case basis.
The committee also debated Bill C-15, with some members arguing it could allow ministers to secretly exempt companies from laws, creating conflicts of interest that would be hard to detect, while others countered that the bill does not apply to the Conflict of Interest Act and that ministers remain subject to ethics rules. No motions or procedural votes were recorded in this meeting.
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