Recent developments in Canadian parliamentary ethics.

• Author: Fournier, Jean T.
• Position: A Perspective from the Senate - Essay

This article looks at how Canadian legislatures have established ethics regimes over the years and illustrates how such regimes and codes of conduct can promote good governance. The first section is a brief description of the ethics or conflict of interest regimes applicable to Canadian parliamentarians and legislators. The second section highlights recent changes concerning the Conflict of Interest Code for Senators. The third section explores a few interesting developments that occurred in 2008. The final section draws some tentative conclusions about the utility of parliamentary codes of conduct based on Canada's experience over the last twenty years.

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Parliamentarians serve the public interest and play a vital role in our system of government. For example, they review and approve government legislation, propose private bills to address a specific issue, bring their constituent's concerns to the government's attention, and press for changes in existing policies and programs. Parliamentarians in both the House of Commons and Senate debate and approve government spending and fulfill a "watchdog" role by calling the government to account for its actions. They also take an active part in the work of committees, hold hearings and produce reports on a wide-range of issues of importance to Canadians.

Given that service in Parliament is a public trust, parliamentarians are expected to act in the public interest at all times, with openness and impartiality. They must not use their official position for personal gain, or to obtain any benefit for their family or third parties. Parliamentarians are expected to uphold the highest standards so as to avoid real or apparent conflicts of interest. Moreover, they are expected to arrange their private affairs to prevent any conflicts from arising, and if conflict does arise, to resolve it in a way that promotes public confidence. Parliamentarians are also expected to comply with their obligations as detailed in the Senate or House codes, with integrity and transparency, so the public can make informed judgments and hold them accountable for their behaviour while holding office.

Parliamentary Ethics Regimes in Canada

Canada's Senators are subject to the Conflict of Interest Code for Senators (the Code). The position of Senate Ethics Officer was established under the Parliament of Canada Act and the duties and functions are set out under the Code. The first appointment was approved by the Senate and became effective as of April 1, 2005.

The Ethics Officer is an independent, non-partisan Officer of the Senate. The interpretation and application of the Code as it relates to individual Senators is his sole responsibility. The most important aspect of the mandate is an advisory function. In this respect, the Ethics Officer provides confidential advice to Senators in order to assist them in meeting their obligations under the Code. This advice includes identifying any foreseeable real or apparent conflicts of interest and providing recommendations respecting particular courses of action that may be required to resolve any such conflicts. Some of the areas in which the Ethics Officer provides advice include outside activities, gifts and other benefits, sponsored travel, declarations of private interests and contracts or business arrangements with the federal government.

Since my appointment, I have provided several hundred opinions and advice on these and other matters. I meet with individual Senators at least once a year. Much of my work is focused on preventing conflicts from arising, rather than addressing them once they have arisen. If required, I conduct investigations into alleged violations of the Code.

Similarly, the members of the House of Commons are subject to the Conflict of Interest Code for the Members of the House of Commons which was adopted in 2004. My counterpart on the House of Commons side, the Conflict of Interest and Ethics Commissioner, is responsible for this Code. In addition, she is also responsible for interpreting and applying the Conflict of Interest Act. This Act is relatively new, having been passed in 2006. It is applicable to Ministers of the Crown, Ministers of State, Parliamentary Secretaries, ministerial staff and ministerial advisors, Deputy Ministers within the public service, and most full and part-time Governor in Council appointees who serve on federal boards or agencies.

Prior to the adoption of this legislation, these public officials were governed by a code of conduct entitled the Conflict of Interest and Post-Employment Code for Public Office Holders. Different versions of this code existed at different points in time dating back to 1985. Before this, a series of guidelines on conflict of interest issued by the Prime Minister of the day applied to federal Cabinet Ministers.

Finally, each of the ten provinces and three territories province have legislation governing conflict of interest for members of the various legislative assemblies which is interpreted and applied by independent ethics commissioners. Parliamentary ethics regimes began in the provinces and territories well before the Senate and the House of Commons. The province of Ontario was the first jurisdiction in Canada to pass legislation concerning conflict of interest with an independent ethics commissioner to...