Evidence of meeting #31 for Access to Information, Privacy and Ethics in the 41st Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was office.
A recording is available from Parliament.
Conflict of Interest and Ethics Commissioner, Office of the Conflict of Interest and Ethics Commissioner
I wouldn't go with mandatory minimum penalties. I think some areas of the act could benefit from some penalties. Not all of them, probably, but some.
I don't believe in mandatory minimums, myself.
Liberal
Scott Andrews Liberal Avalon, NL
Thank you.
Neither do I.
It would seem to me that the Conflict of Interest Act is a tool for deterrence. In your presentation you mentioned prevention, not punishment.
Do you think that deterrence is weakened when there's no action taken to those who contravene the act?
Conflict of Interest and Ethics Commissioner, Office of the Conflict of Interest and Ethics Commissioner
I think having a report written about you as having contravened the act is a result. It is a significant result.
Conflict of Interest and Ethics Commissioner, Office of the Conflict of Interest and Ethics Commissioner
I would think so. Would you like to have a report written about you as having contravened the act? I don't think so.
Liberal
Scott Andrews Liberal Avalon, NL
Well, at the end of the day, if there are no consequences, it's just a slap on the wrist.
Conflict of Interest and Ethics Commissioner, Office of the Conflict of Interest and Ethics Commissioner
Well, people are noticing it.
Liberal
Scott Andrews Liberal Avalon, NL
Oh, that they are.
Commissioner, Marc Garneau and I sent you a letter today, asking you to look into the reports of Minister Paradis, when he went to a moose hunting camp and stayed at an exclusive lodge.
We believe that the Minister has violated sections 4, 5, 6, 7, 11 of the act, and 9 and 14 of the code. We hope you will do this investigation. I know this happened only this morning, so I'm not going to ask you to comment, but hopefully you'll give that some consideration.
On another subject, you've been asked by a member of the Newfoundland legislature to look into Loyola Sullivan, a former fisheries ambassador and a defeated Conservative candidate, who is now working for a big fishing company that's in many dealings in the province, internationally in China, and in other places. There are many aspects happening in Newfoundland on that. Are you planning an investigation into Mr. Sullivan?
Conflict of Interest and Ethics Commissioner, Office of the Conflict of Interest and Ethics Commissioner
That's an example of a request that does not come from a member, and therefore it's where I would self-initiate if I decided.
I'm actually looking at the circumstances in that case.
Liberal
Scott Andrews Liberal Avalon, NL
Okay.
Just so that we know, if you do self-initiate an investigation, what would be the timeline on your deciding on that?
Conflict of Interest and Ethics Commissioner, Office of the Conflict of Interest and Ethics Commissioner
Usually, it varies. It depends on how quickly I can form an opinion as to whether there's the substance of an investigation to go forward with.
Liberal
Scott Andrews Liberal Avalon, NL
The Conflict of Interest Act does say you're not allowed to undertake anything from a year from a designated public office holder, is that correct?
Conflict of Interest and Ethics Commissioner, Office of the Conflict of Interest and Ethics Commissioner
I am not allowed to...? No.
Conflict of Interest and Ethics Commissioner, Office of the Conflict of Interest and Ethics Commissioner
Sorry, I don't think that's correct.
Conflict of Interest and Ethics Commissioner, Office of the Conflict of Interest and Ethics Commissioner
No.
Liberal
Conflict of Interest and Ethics Commissioner, Office of the Conflict of Interest and Ethics Commissioner
Oh, he has a cooling-off period, but that has nothing to do with my investigative powers. There are certain rules that apply for one year after a public office holder leaves—two years if you're a minister. That's whether there's an infraction or not. Then I have 10 years to decide whether to investigate and that's when I become aware of the thing.
Liberal
Scott Andrews Liberal Avalon, NL
Does Mr. Sullivan fall under your mandate as a public office holder?
Conflict of Interest and Ethics Commissioner, Office of the Conflict of Interest and Ethics Commissioner
Yes, he was a public office holder.
Conflict of Interest and Ethics Commissioner, Office of the Conflict of Interest and Ethics Commissioner
Yes.
Liberal
Scott Andrews Liberal Avalon, NL
I'm looking forward to your comments on that particular thing as well.
Thank you very much, Madam Chair.
Conflict of Interest and Ethics Commissioner, Office of the Conflict of Interest and Ethics Commissioner
Thank you.