Evidence of meeting #9 for Access to Information, Privacy and Ethics in the 40th Parliament, 3rd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was code.
A recording is available from Parliament.
12:10 p.m.
Conservative
Pierre Poilievre Conservative Nepean—Carleton, ON
Right.
So the formal process is in place to help people submit such information, but based on what you've just said, it is in fact not necessary for a self-initiated examination to occur.
12:10 p.m.
Conflict of Interest and Ethics Commissioner, Office of the Conflict of Interest and Ethics Commissioner
No, but generally speaking, if there's something out there that sooner or later a member's going to.... Quite often I may be thinking about whether to self-initiate something, and all of a sudden a formal request comes in from a member.
12:10 p.m.
Conservative
Pierre Poilievre Conservative Nepean—Carleton, ON
But at the end of the day, that's really not the question. The question is that you may have this formal process in place, but ultimately a referral that does not go through the formal process could itself be initiated into an investigation.
12:10 p.m.
Conflict of Interest and Ethics Commissioner, Office of the Conflict of Interest and Ethics Commissioner
It could in theory, if it led to enough information for me to do so.
12:10 p.m.
Conservative
Pierre Poilievre Conservative Nepean—Carleton, ON
It's important. I think there are some who are trying to split hairs about the Prime Minister's action by suggesting that if he didn't fill out this form properly and crossed this particular t or dotted this particular i that you are left powerless. In fact, that is not true.
12:10 p.m.
Conflict of Interest and Ethics Commissioner, Office of the Conflict of Interest and Ethics Commissioner
No, and it wasn't a request.
12:10 p.m.
Conflict of Interest and Ethics Commissioner, Office of the Conflict of Interest and Ethics Commissioner
It just referred some information.
12:10 p.m.
Conservative
Pierre Poilievre Conservative Nepean—Carleton, ON
Now, any member of the House of Commons, just like any Canadian, could submit similar referrals, or even requests for an investigation to you, right?
12:10 p.m.
Conflict of Interest and Ethics Commissioner, Office of the Conflict of Interest and Ethics Commissioner
Sure. Well, anybody who wants to can tell me anything they want to tell me.
12:10 p.m.
Conservative
Pierre Poilievre Conservative Nepean—Carleton, ON
You've indicated that Ms. Davies has made a request. Is it a request? Is that the proper terminology?
12:10 p.m.
Conflict of Interest and Ethics Commissioner, Office of the Conflict of Interest and Ethics Commissioner
In order to qualify as a request under the act or the code, it has to be in writing--
12:10 p.m.
Conflict of Interest and Ethics Commissioner, Office of the Conflict of Interest and Ethics Commissioner
Yes. And the member has to have reasonable grounds. That's where--
12:10 p.m.
Conservative
Pierre Poilievre Conservative Nepean—Carleton, ON
I'm not looking for all the background. I'm just asking, how do you classify her communication with you--is it a referral, a request?
12:10 p.m.
Conflict of Interest and Ethics Commissioner, Office of the Conflict of Interest and Ethics Commissioner
With respect to the code, it was a request.
12:10 p.m.
Conservative
Pierre Poilievre Conservative Nepean—Carleton, ON
It was a request.
Have any other members of the opposition done the same?
12:10 p.m.
Conflict of Interest and Ethics Commissioner, Office of the Conflict of Interest and Ethics Commissioner
I've received no other requests.
12:10 p.m.
Conservative
Pierre Poilievre Conservative Nepean—Carleton, ON
All right.
There have been a lot of accusations made in the House of Commons and elsewhere by members of the opposition, and it is curious that they have not raised more of these concerns with you, if they believe there has in fact been a violation of the Conflict of Interest Act.
Let's just examine the process that you follow, though. If you do receive a request under the act and that request gives you reasonable grounds, you can proceed then into an examination immediately.
12:10 p.m.
Conflict of Interest and Ethics Commissioner, Office of the Conflict of Interest and Ethics Commissioner
It's automatic, as a matter of fact. It's not even a decision of mine.
12:10 p.m.
Conservative
Pierre Poilievre Conservative Nepean—Carleton, ON
Once the grounds are there, the examination occurs.
12:10 p.m.
Conflict of Interest and Ethics Commissioner, Office of the Conflict of Interest and Ethics Commissioner
If the grounds are there, and the request is in proper form, we're there.
12:10 p.m.
Conservative
12:10 p.m.
Conflict of Interest and Ethics Commissioner, Office of the Conflict of Interest and Ethics Commissioner
Yes.
12:10 p.m.
Conservative
Pierre Poilievre Conservative Nepean—Carleton, ON
All right, and the same is true of a referral, if a referral comes in and there are reasonable grounds.