Evidence of meeting #78 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 bains.

A video is available from Parliament.

On the agenda

MPs speaking

Also speaking

Nancy Bélanger  Commissioner of Lobbying, Office of the Commissioner of Lobbying
Lyne Robinson-Dalpé  Director, Advisory and Compliance, Office of the Conflict of Interest and Ethics Commissioner

4:40 p.m.

Director, Advisory and Compliance, Office of the Conflict of Interest and Ethics Commissioner

Lyne Robinson-Dalpé

The answer is no. The code governing conflicts of interest for MPs specifies clearly that sponsored travel is acceptable. There is accordingly no mandatory test with respect to the acceptance of sponsored travel. Members may accept any sponsored travel.

Nevertheless, the lobbyists should check with the Office of the Commissioner of Lobbying because we wouldn't want to put the member in an awkward position. However, as it is now written, the code does not prohibit the acceptance of sponsored travel.

4:40 p.m.

Bloc

René Villemure Bloc Trois-Rivières, QC

I think that it's the small gap between the two situations that creates uncertainty among MPs. In any event, these things should be reported.

In the absence of a commissioner, as is currently the case, can you undertake an investigation?

4:40 p.m.

Director, Advisory and Compliance, Office of the Conflict of Interest and Ethics Commissioner

Lyne Robinson-Dalpé

As I said earlier, the answer is no. We can't launch an investigation; only the commissioner can. However, as we explained previously, as soon we receive information, we study the issue in order to be ready to make a recommendation once a commissioner has been appointed.

4:40 p.m.

Bloc

René Villemure Bloc Trois-Rivières, QC

I apologize for having asked you a question that you had already been asked in English, but I wanted to hear the answer in French.

4:40 p.m.

Director, Advisory and Compliance, Office of the Conflict of Interest and Ethics Commissioner

4:40 p.m.

Bloc

René Villemure Bloc Trois-Rivières, QC

Is there a backlog of cases? I'm not asking for specific names, of course.

4:40 p.m.

Director, Advisory and Compliance, Office of the Conflict of Interest and Ethics Commissioner

Lyne Robinson-Dalpé

There are in fact a number of cases that still need to be dealt with.

There are two major concerns among designated public office holders. The first is that we can't grant a reduction or exemption from requirements after they have left office. In certain instances, the situation could be harmful to an office holder's career. The second is the repayment stemming from the divestment requirement for public office holders of all controlled assets, and the requirement to cease external activities allowed under the initial compliance.

These are the sorts of cases that are mainly coming up at the moment.

4:40 p.m.

Bloc

René Villemure Bloc Trois-Rivières, QC

Could you describe what you consider to be a conflict of interest?

4:40 p.m.

Director, Advisory and Compliance, Office of the Conflict of Interest and Ethics Commissioner

Lyne Robinson-Dalpé

The Conflict of Interest Act, although it does not give a specific definition, describes what a conflict of interest is. A conflict of interest is a situation in which a designated public office holder takes part in an activity and exercises official power or an official duty that gives that office holder the possibility of a personal interest, whether their own, a member of their family, a relative…

4:40 p.m.

Bloc

René Villemure Bloc Trois-Rivières, QC

Excuse me for interrupting. We're talking about an established conflict of interest, are we not?

4:40 p.m.

Director, Advisory and Compliance, Office of the Conflict of Interest and Ethics Commissioner

4:40 p.m.

Bloc

René Villemure Bloc Trois-Rivières, QC

One often hears about perceived conflicts of interest.

4:40 p.m.

Director, Advisory and Compliance, Office of the Conflict of Interest and Ethics Commissioner

Lyne Robinson-Dalpé

Yes, but as written, the act does not mention perceived conflicts of interest.

4:40 p.m.

Bloc

René Villemure Bloc Trois-Rivières, QC

I know.

4:40 p.m.

Director, Advisory and Compliance, Office of the Conflict of Interest and Ethics Commissioner

Lyne Robinson-Dalpé

It only mentions the possibility of conflict of interest situations or a potential conflict of interest situation, meaning an opportunity to further personal interests.

4:40 p.m.

Conservative

The Chair Conservative John Brassard

Mr. Villemure, your six minutes are up.

4:40 p.m.

Bloc

René Villemure Bloc Trois-Rivières, QC

All right.

Thank you very much.

4:40 p.m.

Conservative

The Chair Conservative John Brassard

Thank you.

Mr. Green, you have six minutes. Go ahead, please.

4:40 p.m.

NDP

Matthew Green NDP Hamilton Centre, ON

Thank you very much.

Thank you to both guests for being here today. Welcome back to committee on what is certainly a topic of interest and concern among the general public.

We understand that a section of the Lobbyists' Code of Conduct states, “By complying with the rules of [the] Code, lobbyists...contribute to public confidence in the integrity of federal government institutions and decision making.”

Ms. Bélanger, do you believe that Mr. Bains' role with Rogers contributes to the public confidence in government institutions?

4:40 p.m.

Commissioner of Lobbying, Office of the Commissioner of Lobbying

Nancy Bélanger

Mr. Bains is, first and foremost, subject to the Lobbying Act, and until he communicates with public office holders, he's not subject to my code of conduct.

4:45 p.m.

NDP

Matthew Green NDP Hamilton Centre, ON

Within the code, Mr. Bains will be responsible—if I understand correctly—to self-monitor his time to determine whether he is in contravention of the code. Is that correct?

4:45 p.m.

Commissioner of Lobbying, Office of the Commissioner of Lobbying

Nancy Bélanger

If Mr. Bains decides to communicate with federal officials, the senior official at Rogers is going to have to add Mr. Bains' name to the registry. If he ever communicates with federal officials, you will know, because his name will be added to the registry.

At that time, he will be subject to the code.

4:45 p.m.

NDP

Matthew Green NDP Hamilton Centre, ON

Of course, that would include his former colleagues. Is that correct?

4:45 p.m.

Commissioner of Lobbying, Office of the Commissioner of Lobbying

Nancy Bélanger

I'm sorry. I don't understand the question.

4:45 p.m.

NDP

Matthew Green NDP Hamilton Centre, ON

That would include his former cabinet colleagues. Is that correct?