Evidence of meeting #16 for Access to Information, Privacy and Ethics in the 45th Parliament, 1st session. (The original version is on Parliament’s site, as are the minutes.) The winning word was screen.

A video is available from Parliament.

On the agenda

Members speaking

Before the committee

Sabia  Clerk of the Privy Council and Secretary to the Cabinet, Privy Council Office

Linda Lapointe Liberal Rivière-des-Mille-Îles, QC

How does that work so that he can intervene?

5:55 p.m.

Clerk of the Privy Council and Secretary to the Cabinet, Privy Council Office

Michael Sabia

It was the Commissioner who suggested this collaboration. So he is always available. We and the Prime Minister's Office still have not only the right, but now also the duty to check things with the Commissioner and to ensure that the Commissioner is comfortable with all of our decisions.

So far, in the 13 cases I have mentioned, he has always been comfortable with our decisions. So far, we have not had any disagreements.

Linda Lapointe Liberal Rivière-des-Mille-Îles, QC

Thank you very much.

Could you clarify whether the Privy Council Office plays a role in determining what issues are subject to a screen for the Prime Minister?

5:55 p.m.

Clerk of the Privy Council and Secretary to the Cabinet, Privy Council Office

Michael Sabia

Yes, it is the Prime Minister's Office and us at Privy Council Office who are ultimately responsible.

However, I'm going to repeat myself now because it's not just the responsibility of the Prime Minister's Office, but in fact of the entire machinery of government, specifically about a dozen departments that still play a role in all of these activities, an important role in the process.

Ultimately, it's all of the activities of the departments that are involved. Their activities are submitted to the Privy Council Office and it is responsible for managing all of those activities. Centralizing all of those activities exclusively at Privy Council Office, however, would not be a good way of protecting the Prime Minister and ensuring that Canadians have transparency in government. That requires broad collaboration across government, so that's fundamentally our strategy.

Linda Lapointe Liberal Rivière-des-Mille-Îles, QC

Thank you.

I would like to continue on this topic.

Basically, the public service sometimes advises political staff and management on conflict of interest screens. Is helping people in politics the role of the Prime Minister's Office, Privy Council and also of public servants?

5:55 p.m.

Clerk of the Privy Council and Secretary to the Cabinet, Privy Council Office

Michael Sabia

Could you repeat that? I'm not sure I understood your question.

Linda Lapointe Liberal Rivière-des-Mille-Îles, QC

Does the public service ever advise political staff on how to administer screens?

5:55 p.m.

Clerk of the Privy Council and Secretary to the Cabinet, Privy Council Office

Michael Sabia

I don't think that's the right word. We work collaboratively, but the issue is not whether we make recommendations to the Prime Minister's Office, for example. We make our own decisions, and the Prime Minister's Office, specifically Marc‑André Blanchard, makes its own decisions.

So there are two elements. Our decisions are independent, but they are made based on information that is the result of good collaboration. So there is an important distinction. We work to maximize our information and our ability to understand the totality of the circumstances, but at the end of the day, we make two independent decisions.

Linda Lapointe Liberal Rivière-des-Mille-Îles, QC

Thank you very much, Mr. Sabia.

5:55 p.m.

Conservative

The Chair Conservative John Brassard

Thank you, Ms. Lapointe and Mr. Sabia.

Mr. Thériault, you have the floor for five minutes.

Luc Thériault Bloc Montcalm, QC

Thank you, Mr. Chair.

We'll come back to the tax credit issue, Mr. Sabia, because the government has decided to include small nuclear plants in the clean electricity tax credit. We'll talk about it again.

5:55 p.m.

Clerk of the Privy Council and Secretary to the Cabinet, Privy Council Office

Michael Sabia

Yes, but the credit applies to a lot of people.

Luc Thériault Bloc Montcalm, QC

Yes, but you decided to include small nuclear plants, of which there is a small number: There are five companies that may be entitled to it, including Brookfield.

That being said, was it Mr. Carney who appointed you?

6 p.m.

Clerk of the Privy Council and Secretary to the Cabinet, Privy Council Office

Luc Thériault Bloc Montcalm, QC

It is also Mr. Carney who can remove you from your position.

6 p.m.

Clerk of the Privy Council and Secretary to the Cabinet, Privy Council Office

Michael Sabia

Yes. Who knows if that's going to happen anytime soon? I don't know.

Luc Thériault Bloc Montcalm, QC

Does this position of subordination bother you, given the task you have of applying the conflict of interest screen?

6 p.m.

Clerk of the Privy Council and Secretary to the Cabinet, Privy Council Office

Michael Sabia

Not at all.

Luc Thériault Bloc Montcalm, QC

Okay, perfect. Those are short answers.

Wouldn't you feel more comfortable if that screen was also managed first and foremost by the Conflict of Interest and Ethics Commissioner or an employee of his office?

6 p.m.

Clerk of the Privy Council and Secretary to the Cabinet, Privy Council Office

Michael Sabia

That is already the case.

Luc Thériault Bloc Montcalm, QC

My understanding is that you have questions. How often do you have to report to the Commissioner?

6 p.m.

Clerk of the Privy Council and Secretary to the Cabinet, Privy Council Office

Michael Sabia

Our teams are basically in constant communication.

Luc Thériault Bloc Montcalm, QC

Are you accountable to the Commissioner for the decisions?

6 p.m.

Clerk of the Privy Council and Secretary to the Cabinet, Privy Council Office

Michael Sabia

As I say, it happens on a daily basis. There is constant collaboration between our teams.

Luc Thériault Bloc Montcalm, QC

I'm not talking about collaboration. I'm asking if, in administering the conflict of interest screen, you are accountable to the Office of the Conflict of Interest and Ethics Commissioner.