Katana VentraIP

Office of the Conflict of Interest and Ethics Commissioner

The Conflict of Interest and Ethics Commissioner of Canada is an entity of the Parliament of Canada.[2] The commissioner is an independent officer of Parliament, who administers the Conflict of Interest Act and the Conflict of Interest Code for Members of the House of Commons and is supported in this role by the Office of the Conflict of Interest and Ethics Commissioner. The position came into effect on July 9, 2007, with the coming into force of the Conflict of Interest Act. This act, in turn, was enacted as part of the Federal Accountability Act.[3]

Conflict of Interest and Ethics Commissioner of Canada

CIEC

Governor in council

7 years
renewable once

$314,100 (Equal to a Judge of the Federal Court of Canada)

2006

$6.5 million
(2019)[1]

The office of commissioner is currently vacant. The last commissioner was Martine Richard having served for several weeks in the spring 2023, before resigning.[4][5][6] Mary Dawson (2007-2018) and Mario Dion (2018-2023) both previously held the role.[7]

Overview of the Office[edit]

The Office of the Conflict of Interest and Ethics Commissioner is an entity of the Parliament of Canada, along with the House of Commons of Canada, the Senate of Canada and the Library of Parliament.


Unlike other officers or agents of Parliament, whose offices are created by the legislation they administer, the conflict of interest and ethics commissioner is an officer of Parliament whose mandate is set out in the Parliament of Canada Act.


The commissioner produces two annual reports: one on the office's activities under the Conflict of Interest Act and one on activities under the Conflict of Interest Code for Members of the House of Commons.[8] These two regimes seek to prevent conflicts between the public duties and private interests of elected and appointed officials.


The Office of the Conflict of Interest and Ethics Commissioner provides its budget estimates to the speaker of the House of Commons; they are reviewed by the Standing Committee on Access to Information, Privacy and Ethics, which has oversight of the Conflict of Interest Act. Information about the office's resources are provided in its annual reports and annual financial statements, which are available on the office's website.[9]


The Conflict of Interest Act for public office holders (ministers, ministers of state, Parliamentary secretaries, ministerial staff and governor-in-council appointees) and the Conflict of Interest Code for Members of the House of Commons set out a number of obligations and prohibit various activities that involve conflicts between private and public interests, or have the potential to do so.


The office administers these two regimes through a variety of activities. These include providing confidential advice to public office holders and elected members of Parliament about how to comply with the act and the members' code. The office also reviews these individuals' confidential disclosures of their assets, liabilities and activities, and is tasked with making publicly declarable information available through a public registry, investigating possible contraventions of the act or members' code, and reporting to Parliament.


The commissioner is also mandated to provide confidential advice to the prime minister about conflict of interest and ethics issues.

The commissioner is appointed under the Parliament of Canada Act by the governor in council after consultation with the leader of every recognized party in the House of Commons. The commissioner is appointed for a renewable seven-year term and may only be removed for cause by the governor in council on address of the House of Commons.

The commissioner is a separate employer, with the office having its own terms and conditions of employment. Employees are not part of the federal public administration.

The commissioner reports directly to Parliament rather than through a minister. The commissioner submits an annual report in respect of the Conflict of Interest Code for Members of the House of Commons to the speaker of the House of Commons for tabling in the house, and an annual report in respect of the Conflict of Interest Act to the speaker of the House of Commons and the speaker of the Senate for tabling in their respective chambers.

Responsibility for reviewing the Commissioner's Annual Report in respect of the Conflict of Interest Act falls to the Standing Committee on Access to Information, Privacy and Ethics. Responsibility for reviewing the Commissioner's Annual Report in respect of the Conflict of Interest Code for Members of the House of Commons falls to the Standing Committee on Procedure and House Affairs.

The commissioner submits the office's annual spending estimates to the speaker of the House of Commons. The speaker then transmits them to the president of the Treasury Board, who lays them before the House of Commons with the government's estimates for the fiscal year. Annual budget estimates are reviewed by the Standing Committee on Access to Information, Privacy and Ethics.

The commissioner's status as an officer of Parliament ensures independence from the government of the day.


The commissioner is solely responsible to Parliament and not to the federal government or an individual minister. The office belongs to Parliament itself. The commissioner enjoys the privileges and immunities of the House of Commons and its members when carrying out official duties and functions.


The commissioner's independence is further assured in several ways:


The office is a member of the following organizations:

Office of the Conflict of Interest and Ethics Commissioner

Maple Leaf Web: Ethics & Government in Canada