Official Languages committee  That's a good question.

Official Languages committee  As I already said, for us, the answer is yes. We can't impose penalties for basic violations. Thus, someone who contravenes a substantive provision of the Conflict of Interest Act and is in a conflict of interest would not receive any penalty from us.

Official Languages committee  A public report attacks the integrity of the individual, whether it be public office holders or members of Parliament. Even companies don't want that kind of media coverage. Of our two systems, I think the most useful tool is the report issued under such circumstances.

Official Languages committee  The commissioner genuinely believes in transparency and feels that making a report public is the best penalty that can be assessed. I share that opinion. The commissioner conducts an investigation, which is followed by a public report, and that is the commissioner's preferred penalty.

Official Languages committee  Even when she investigates a violation of the Conflict of Interest Act, the commissioner does not impose any penalties. She issues a recommendation. She can assess a penalty, in that she can tell the employer, the Prime Minister, or the minister in question, that an employee has committed that violation.

Official Languages committee  The employer could impose a penalty. However, the Conflict of Interest Act does not provide for a substantive penalty.

Official Languages committee  In the beginning, when I took office and the penalties began, more people did not comply with the primary deadlines, namely the obligation to file their confidential report within 60 days. We had to do a lot of work to inform reporting public office holders of this compliance requirement.

Official Languages committee  I don't know whether it's due simply to the penalty or the fact that the penalty is then made public. Many people say that they'll pay the penalty, but they wonder whether it's really necessary for it to be made public. However, the act provides that penalties must be made public.

Official Languages committee  For my part, I don't think so. We've implemented measures that allow us to monitor continually. However, we don't represent the private sector. We're limited to reporting public office holders. Section 19 of the Conflict of Interest Act states that compliance with the act is a condition of employment.

Official Languages committee  That's right.

Official Languages committee  Thank you. For us, the real purpose of penalties assessed against reporting public office holders is to encourage compliance. Penalties are certainly a measure that the commissioner can use, but she genuinely believes in public transparency. In her opinion, a public report is the most important tool available to her to respond to substantive violations of the Conflict of Interest Act.

Official Languages committee  For us, it's really a matter of violations of deadlines. That's really administrative. The penalties are not related to substantive violations. For example, if someone breaks the rules by taking part in a discussion and putting themselves in a conflict of interest situation, we do not assess a penalty, but an investigation is conducted by the commissioner, followed by a report.

Official Languages committee  I will let you answer because the act only applies to reporting public office holders, so they're not private companies.

Official Languages committee  Mr. Chair and honourable members of the committee, I am pleased to appear before you today on behalf of Mary Dawson, the Conflict of Interest and Ethics Commissioner, who regrets that she is unable to be here herself. I am joined by my colleague Peggy Koulaib, chief of procedures.

Information & Ethics committee  There used to be three term positions in the advisory and compliance division, but the people left and the positions became vacant. Employees have since been appointed to these positions. Managing a large workload is always a challenge for a small organization. We hope the plan we have implemented will allow us to achieve these objectives.