Evidence of meeting #7 for Procedure and House Affairs in the 44th Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was commissioner.

A video is available from Parliament.

On the agenda

MPs speaking

Also speaking

Charles Robert  Clerk of the House of Commons
Philippe Dufresne  Law Clerk and Parliamentary Counsel, House of Commons
J. David Wake  Commissioner, Office of the Integrity Commissioner of Ontario
Ariane Mignolet  Ethics and Deontology Commissioner, National Assembly of Quebec
David Phillip Jones  Yukon Conflict of Interest Commissioner, and Northwest Territories Integrity Commissioner, Yukon Legislative Assembly and Northwest Legislative Assembly

12:50 p.m.

Liberal

The Chair Liberal Bardish Chagger

Thank you very much.

Mr. Jones.

12:50 p.m.

Yukon Conflict of Interest Commissioner, and Northwest Territories Integrity Commissioner, Yukon Legislative Assembly and Northwest Legislative Assembly

David Phillip Jones

In both my territories, there is a definition of “family” that is limited to the nuclear family, including adopted children. It is dependent children, so it's a challenge when children become 24, 25 or 30. They're not family, but they might fall into the other broader categories of the code.

12:50 p.m.

Liberal

The Chair Liberal Bardish Chagger

Mr. Wake.

12:50 p.m.

Commissioner, Office of the Integrity Commissioner of Ontario

J. David Wake

Through you, Madam Chair, the definition of “family” in the Members' Integrity Act is the nuclear family, which is the spouse, minor children and any other adult who is related to the person or his or her spouse, shares a residence with the person and is primarily dependent on the person or spouse for financial support. That's the limit.

12:50 p.m.

Liberal

The Chair Liberal Bardish Chagger

Thank you so much.

Thank you, Mr. Therrien.

Ms. Blaney, you have the floor for six minutes.

12:50 p.m.

NDP

Rachel Blaney NDP North Island—Powell River, BC

Thank you, Madam Chair.

I'd like to thank all of the witnesses today for their interesting presentations.

There was some discussion earlier about recommendations and guidelines based on previous investigations or reflections. I'm just wondering, at the beginning of each of your parliaments or legislatures, does it get deleted? Is there a restart? When you make a guideline or something, does that continuously stay on, or do you have to dismiss that and start again after every election?

That's for all the members, Madam Chair.

12:50 p.m.

Liberal

The Chair Liberal Bardish Chagger

We'll start with Mr. Wake.

12:50 p.m.

Commissioner, Office of the Integrity Commissioner of Ontario

J. David Wake

Through you, Madam Chair, the simple answer is, no, they continue. They're not affected by an election. They don't change until they get changed.

12:50 p.m.

Liberal

The Chair Liberal Bardish Chagger

I apologize for the tech issues. I can tell that some people are hearing an echo.

Go ahead, Mr. Jones.

12:50 p.m.

Yukon Conflict of Interest Commissioner, and Northwest Territories Integrity Commissioner, Yukon Legislative Assembly and Northwest Legislative Assembly

David Phillip Jones

No, the guidelines are constantly speaking, but as I mentioned earlier, the code of conduct in NWT has just been changed, or the legislative provisions have just been changed, to make it constantly speaking as well. It had to be renewed by each Parliament before, but that's not so anymore. The guidelines are constantly speaking.

12:50 p.m.

Liberal

The Chair Liberal Bardish Chagger

Thank you.

Ms. Mignolet, you have the floor.

12:50 p.m.

Ethics and Deontology Commissioner, National Assembly of Quebec

Ariane Mignolet

From our side too, the guidelines remain until we choose or feel it necessary to change them.

12:50 p.m.

NDP

Rachel Blaney NDP North Island—Powell River, BC

I'm waiting for the microphone to turn on, Madam Chair. You told me not to touch it. I am respecting that rule, which means I will pause.

Thank you, Madam Chair, for checking that out with me. I appreciate the folks who push the button that allows me to speak.

My next question is with regard to outside work and remuneration. There is some concern that when a member of Parliament, in this case, but a member of the different systems provincially and territorially have outside work, they can have an impact. I'm just wondering if you could share with us any sort of guidelines that you may or may not have and give us feedback on whether there's particular work that would be concerning versus other types of work.

I guess the last part of that question is this: Is there any consideration to work that you may have done previously to being elected as opposed to getting a new position or work after you are elected?

12:55 p.m.

Liberal

The Chair Liberal Bardish Chagger

Go ahead, Mr. Wake.

12:55 p.m.

Commissioner, Office of the Integrity Commissioner of Ontario

J. David Wake

There's no jurisdiction to deal with a situation after someone has left their elected office. With respect to work that they may have done beforehand, it may present itself in the form of a conflict in terms of relationships people have had and whether somebody is lobbying them for something. There's a whole wide spectrum of things that could come as a result of prior employment.

As I understand the recommendations, it's with respect to people not being able to work while they are an elected member of Parliament. We don't have that restriction in Ontario. It may come out...if somebody is working at something that may place them in a conflict, and we'll deal with that on a case-by-case basis, but there is nothing to prevent a member, other than a cabinet minister, from holding another occupation. Parliamentary assistants in Ontario are not in the same situation as cabinet ministers. They can hold outside employment as well. Very few do, but it's in the act.

12:55 p.m.

Liberal

The Chair Liberal Bardish Chagger

Go ahead, Mr. Jones.

12:55 p.m.

Yukon Conflict of Interest Commissioner, and Northwest Territories Integrity Commissioner, Yukon Legislative Assembly and Northwest Legislative Assembly

David Phillip Jones

In both Yukon and the NWT, members are allowed to have outside interests but ministers may not—subject, however, to some discretion in NWT and the commissioner to allow certain things. Usually that's done for non-profit things and so on.

The previous work might create a need to insulate the member or the minister from certain things that they would otherwise do, because it might create a reasonable apprehension of conflict. In NWT and Yukon, there are provisions preventing former members from doing certain things for certain periods of time.

12:55 p.m.

Liberal

The Chair Liberal Bardish Chagger

Thank you.

You have the floor, Ms. Mignolet.

12:55 p.m.

Ethics and Deontology Commissioner, National Assembly of Quebec

Ariane Mignolet

Thank you, Madam Chair.

As far as Quebec is concerned, there are provisions in the code that govern the holding of multiple offices. When we talk about the members of the executive council, we are talking about an exclusive function. They cannot hold other offices, but MNAs can, and this is regulated. The code provides for clear incompatibilities of function, such as another elective office, work within the government or in international organizations. There are already good guidelines, and certain relaxations are provided for, particularly in the education or health sectors. I could give you a written answer to tell you more, as my answer could be long.

With regard to previous occupations, some of them may indeed require that a protective measure be put in place to avoid conflicts of interest. In some cases, this may make the exercise of a particular duty as a minister or other more complex, but we do guide members in this regard.

12:55 p.m.

Liberal

The Chair Liberal Bardish Chagger

Thank you so much for the insights you have provided. Obviously, you are also interested in this area, and if you have any insights you would like to provide in writing, we would welcome them.

On behalf of all committee members, I do want to thank you for taking the time to join us today. It means a lot to us. If anything else comes up that you would like us to know, please do not hesitate to write to us.

With that, we hope that you and your loved ones keep well and safe.

Committee members, we'll see you in the House or around. Take care. Thank you.