Evidence of meeting #71 for Access to Information, Privacy and Ethics in the 44th Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was privacy.
A video is available from Parliament.
Commissioner of Lobbying, Office of the Commissioner of Lobbying
Currently they have five files in their hands that I have referred.
Conservative
Michael Barrett Conservative Leeds—Grenville—Thousand Islands and Rideau Lakes, ON
What's the oldest of those five files?
Commissioner of Lobbying, Office of the Commissioner of Lobbying
Of those five files, there's one that dates back to 2019. They have returned to me some files that I had referred in the year 2018.
Conservative
Michael Barrett Conservative Leeds—Grenville—Thousand Islands and Rideau Lakes, ON
Are you able to tell the committee what the subject is of those referrals?
Commissioner of Lobbying, Office of the Commissioner of Lobbying
I can't. I'm sorry.
Conservative
Michael Barrett Conservative Leeds—Grenville—Thousand Islands and Rideau Lakes, ON
Okay. Thank you very much.
To Ms. Tremblay and Ms. Rushworth, the folks from the Ethics Commissioner's office, thank you for being here.
Is your office at this time able to fully administer the Conflict of Interest Act?
Director, Communications, Outreach and Planning, Office of the Conflict of Interest and Ethics Commissioner
There are two parts to my response to that question.
There are absolutely certain things that we cannot do at this time. Those are things like post-employment waivers for public office holders, administrative monetary penalties and moving forward with investigations.
On the other hand, what the office absolutely can do is continue to provide dedicated one-on-one advice to all of the regulatees who must remain in compliance with the act and the code, even in the absence of a commissioner.
Conservative
Michael Barrett Conservative Leeds—Grenville—Thousand Islands and Rideau Lakes, ON
Yes, those ongoing services that are being provided are of course essential. Members right now are going through their annual disclosure process. I know that I appreciate and rely on the help of the office.
You said you're not able to initiate an investigation. Are you able to initiate an investigation of your own volition, or are you not able to do it either by request by a member or on your own undertaking?
Director, Communications, Outreach and Planning, Office of the Conflict of Interest and Ethics Commissioner
The authority to initiate an investigation rests with the commissioner.
Conservative
Michael Barrett Conservative Leeds—Grenville—Thousand Islands and Rideau Lakes, ON
Are you able to issue a report setting out facts in question, as well as your analysis and conclusions, in relation to requests for investigation?
Director, Communications, Outreach and Planning, Office of the Conflict of Interest and Ethics Commissioner
That is not something we would be able to do, because the analysis and conclusions would rest with the commissioner.
Conservative
Michael Barrett Conservative Leeds—Grenville—Thousand Islands and Rideau Lakes, ON
Are you able to refer investigations or any findings of the office to the Speaker of the House of Commons at this time?
Director, Communications, Outreach and Planning, Office of the Conflict of Interest and Ethics Commissioner
I'm not aware of the obligations in that respect, but I cannot imagine that we'd be able to do that without the commissioner. That would be a conversation we would have with the Speaker if the need arose.
Conservative
Michael Barrett Conservative Leeds—Grenville—Thousand Islands and Rideau Lakes, ON
Are you able to summon witnesses requiring them to give evidence, orally or in writing, on oath—or if they're persons entitled to affirm in civil matters, on affirmation—and to produce any necessary documents or other materials that you consider necessary?
Director, Communications, Outreach and Planning, Office of the Conflict of Interest and Ethics Commissioner
Those types of requests would be something that would be within an investigation process. That would be at the direction of the commissioner.
Conservative
Michael Barrett Conservative Leeds—Grenville—Thousand Islands and Rideau Lakes, ON
Okay.
Though there are a range of services that you're able to provide to members—and, based on my experience, you're doing so ably and as well as ever—there are several functions of the office that cannot be executed at this time due to the ongoing vacancy in the commissioner's position. Is that correct?
Director, Communications, Outreach and Planning, Office of the Conflict of Interest and Ethics Commissioner
That is correct, but I will say that any matter that is up to 10 years old can be looked at by the commissioner, and the commissioner has five years from the time that the information became known to him or her, as the commissioner, to act on it.
Conservative
Michael Barrett Conservative Leeds—Grenville—Thousand Islands and Rideau Lakes, ON
Potentially, there would be work on the desk of an incoming commissioner. It doesn't stale-date in the intervening period.
Director, Communications, Outreach and Planning, Office of the Conflict of Interest and Ethics Commissioner
That's correct. The same applies if there was a decision to take on an administrative monetary penalty, post-employment waivers, the ability to reimburse blind trust fees and that type of thing. All of those things would be held for the future commissioner.
Conservative
Michael Barrett Conservative Leeds—Grenville—Thousand Islands and Rideau Lakes, ON
For now, if I as a member referred an issue to you or if the experts in your office observed something that was viewed as a violation of the act, there would be no investigation initiated and that essential transparency function would not be provided for Canadians at this time.
Director, Communications, Outreach and Planning, Office of the Conflict of Interest and Ethics Commissioner
With regard to the ability to launch an investigation, a future commissioner has up to five years after the information is brought forward to them to do that. In the interim, the office is absolutely still paying attention to the roles and responsibilities of all regulatees to follow both the act and the code.
Conservative
Michael Barrett Conservative Leeds—Grenville—Thousand Islands and Rideau Lakes, ON
Take notes and keep receipts.
Thanks very much.
Conservative
The Chair Conservative John Brassard
Thank you, Mr. Barrett and Ms. Rushworth.
Mr. Bains, you have six minutes. Go ahead, please.
Liberal
Parm Bains Liberal Steveston—Richmond East, BC
Thank you, Mr. Chair, and thank you to our guests for joining us today.
For my first question, I'd like to go to Madam Bélanger.
Do you have any updates on the lobbying code of conduct that you wish to share with the committee?
Commissioner of Lobbying, Office of the Commissioner of Lobbying
First of all, I will thank the committee for the work that it did on this code.
You will have noticed that some of the issues were very polarizing. What I can tell you is that I've considered all the recommendations. I have completed my review. I have finalized it and I have sent it to the Gazette to be published.
The Gazette has told me they're aiming to publish it on May 27. The timing is good, because I knew you would be away the week before that. What I'll do is write to the committee and confirm when I know for sure that it is going to be tabled on May 27 for an effective date of July 1. There will be plenty of time for people to look at it and react.