Evidence of meeting #5 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 code.
A recording is available from Parliament.
Conservative
Earl Dreeshen Conservative Red Deer, AB
Thank you very much.
Again, when I went through your address and heard some of the things you've spoken of, you were talking about how you go through the confidential reports and you talk about assets, liabilities, and activities. What types of activities and concerns are you mainly concerned about as you go through our disclosure reports?
Conflict of Interest and Ethics Commissioner, Office of the Conflict of Interest and Ethics Commissioner
These are MPs again?
Conflict of Interest and Ethics Commissioner, Office of the Conflict of Interest and Ethics Commissioner
Bear in mind that this committee is supposed to be looking at the act, but anyway, you guys are all MPs.
Why don't you answer that, Lyne?
Assistant Commissioner, Advisory and Compliance, Office of the Conflict of Interest and Ethics Commissioner
When we look at activities, we look at whether or not there would be a conflict with your official responsibilities in the House, so whether you're sitting on a committee that would take a decision or take part in discussions that could affect your interest in that outside activity. We would look at all the different components around that, and then we would either require you to recuse from discussions, require you to—it hasn't happened yet—maybe not participate in that committee because the role of the committee is too close to your outside activities, or step down from your outside activities. So there are the two sides of it. But mainly we look at the potential for possible conflict of interest, either for you or for the organization you are tied to.
Conservative
Earl Dreeshen Conservative Red Deer, AB
I don't have any other questions. Perhaps I'll give the rest of my time to Mr. Del Mastro.
Conservative
Dean Del Mastro Conservative Peterborough, ON
Thank you very much.
Ms. Dawson, if I understand correctly, what you're saying is that if a gift is determined to have been received—a monetary or an actual material gift—it must be returned.
Conflict of Interest and Ethics Commissioner, Office of the Conflict of Interest and Ethics Commissioner
If it is impermissible.
Conservative
Dean Del Mastro Conservative Peterborough, ON
You could also apply a monetary penalty on top of that. The monetary penalty would not be—
Conflict of Interest and Ethics Commissioner, Office of the Conflict of Interest and Ethics Commissioner
No, there's no monetary penalty.
Conflict of Interest and Ethics Commissioner, Office of the Conflict of Interest and Ethics Commissioner
It's only if you tell me late.
Conservative
Dean Del Mastro Conservative Peterborough, ON
I don't think the NDP was going to tell you at all, as a matter of fact. It was going to try to hide that under the cloak of secrecy and cause smokescreens and bring up old investigations—
NDP
Charlie Angus NDP Timmins—James Bay, ON
Dean, you think we're Conservatives. We don't act like you guys.
Conflict of Interest and Ethics Commissioner, Office of the Conflict of Interest and Ethics Commissioner
This is the act I'm talking about, not the code.
Conservative
Dean Del Mastro Conservative Peterborough, ON
Okay. Gotcha.
I'll just point out, Madam Chairman, that not only was the NDP never going to raise this, but in our opinion they're on the hook to pay back tens of thousands of dollars of illegally received donations.
Conservative
The Vice-Chair Conservative Patricia Davidson
Thank you, Mr. Del Mastro.
That time slot has now expired.
We'll move to Mr. Andrews for five minutes, please.
Liberal
Scott Andrews Liberal Avalon, NL
Thank you very much, Madam Chair.
Just going back to some previous questions, you say you have five investigations ongoing at this particular time?
September 29th, 2011 / 10 a.m.
Conflict of Interest and Ethics Commissioner, Office of the Conflict of Interest and Ethics Commissioner
That's right.
Liberal
Scott Andrews Liberal Avalon, NL
When will they be reported back? Have you put a timeframe to when they would be reported back?
Conflict of Interest and Ethics Commissioner, Office of the Conflict of Interest and Ethics Commissioner
It's very difficult to tell. It depends on how easy it is for me to get documentation and evidence and how complex the case is. I'm hoping that a couple of them will be out by Christmas.
Liberal
Scott Andrews Liberal Avalon, NL
And you will only report back, make a public report, if the act was contravened?
Conflict of Interest and Ethics Commissioner, Office of the Conflict of Interest and Ethics Commissioner
No. If I've gone to an investigation I make a report, unless I discontinue, in which case...one of them I have to....
Eppo, take it from there, please.
Acting Assistant Commissioner, Learning and Communications, Office of the Conflict of Interest and Ethics Commissioner
The process, as it works under the act, is that if it's an investigation or an examination that was done at the request of a member, there will always be a report one way or the other. The commissioner retains the discretion to discontinue in that case, but there's still a report. If it's a self-initiated examination under the act, then the commissioner has the discretion again to discontinue, but if she discontinues on an examination where she has self-initiated, there is no requirement to issue a report. But if the examination is completed, then there is always a report regardless of whether there's been a contravention or not.