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.
Bloc
Clerk of the Privy Council and Secretary to the Cabinet, Privy Council Office
Okay.
Bloc
Luc Thériault Bloc Montcalm, QC
While you're looking for the answer, maybe you can answer my other question. In Bill C-—
Clerk of the Privy Council and Secretary to the Cabinet, Privy Council Office
I'm very comfortable answering your first question.
Clerk of the Privy Council and Secretary to the Cabinet, Privy Council Office
We've used the screen six times, including four times—
Clerk of the Privy Council and Secretary to the Cabinet, Privy Council Office
Wait.
Clerk of the Privy Council and Secretary to the Cabinet, Privy Council Office
It's a bit complicated. There are six circumstances. In four of those circumstances, the process is ongoing.
Clerk of the Privy Council and Secretary to the Cabinet, Privy Council Office
I'm not in a position to tell you the topics.
Clerk of the Privy Council and Secretary to the Cabinet, Privy Council Office
In two other cases, the government made those decisions. To be very brief, it was basically because the circumstances were a bit complicated.
In one case, it was for highly technical adjustments related to our tax system in a cross-border context between Canada and the rest of the world. There were some adjustments. We determined that, in that case, it was possible for companies whose names were on the list—a hundred or so companies—to benefit from those changes. So we used the conflict of interest screen.
Clerk of the Privy Council and Secretary to the Cabinet, Privy Council Office
In the other case, it was a small change to our tax system. So we did the same thing to make sure that the Prime Minister was not involved in that decision.
Bloc
Luc Thériault Bloc Montcalm, QC
Could you provide the committee with a document indicating the topics in question?
Clerk of the Privy Council and Secretary to the Cabinet, Privy Council Office
Yes.
Bloc
Luc Thériault Bloc Montcalm, QC
Bill C‑15, an act to implement certain provisions of the budget, which was tabled in the House yesterday, provides tax credits for small nuclear power plants. This will help all small nuclear power plant manufacturers. The problem is that there are only five plants, including Brookfield's, which owns Westinghouse.
Was the Prime Minister involved in that decision, or did you require him to recuse himself?
Clerk of the Privy Council and Secretary to the Cabinet, Privy Council Office
The issue of tax credits is quite important, but—
Clerk of the Privy Council and Secretary to the Cabinet, Privy Council Office
My answer is that these instruments are available to a large number of organizations. So, as the Ethics Commissioner said—
Bloc
Luc Thériault Bloc Montcalm, QC
You are saying that it is a political decision of general interest and that you therefore do not agree that there can be the appearance of a conflict of interest or an actual conflict.
In a case where there are so few players, how many players do you need to switch from general interest to special interest?
Clerk of the Privy Council and Secretary to the Cabinet, Privy Council Office
Globally, there are several.
Bloc
Luc Thériault Bloc Montcalm, QC
I'm talking about Bill C‑15 and small nuclear plants. There are five potential companies in this sector, including Westinghouse. You may say that it's of general interest, but when there are so few of them, I wonder.
At what point does it switch from general interest to special interest? Don't you think that a political decision of general scope can still give rise to conflicts of interest?