Conflict of Interest Act (S.C. 2006, c. 9, s. 2)
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Act current to 2013-04-29 and last amended on 2011-12-15. Previous Versions
Conflict of Interest Act
S.C. 2006, c. 9, s. 2
Assented to 2006-12-12
An Act to establish conflict of interest and post-employment rules for public office holders
SHORT TITLE
Marginal note:Short title
1. This Act may be cited as the Conflict of Interest Act.
INTERPRETATION
Marginal note:Definitions
2. (1) The following definitions apply in this Act.
“Commissioner”
« commissaire »
“Commissioner” means the Conflict of Interest and Ethics Commissioner appointed under section 81 of the Parliament of Canada Act.
“common-law partner”
« conjoint de fait »
“common-law partner” means a person who is cohabiting with a public office holder in a conjugal relationship, having so cohabited for a period of at least one year.
“common-law partnership”
« union de fait »
“common-law partnership” means the relationship between two persons who are cohabiting in a conjugal relationship, having so cohabited for a period of at least one year.
“dependent child”
« enfant à charge »
“dependent child” means a child of a public office holder, or a child of the public office holder’s spouse or common-law partner, who has not reached the age of 18 years or who has reached that age but is primarily dependent on the public office holder or public office holder’s spouse or common-law partner for financial support.
“former reporting public office holder”
« ex-titulaire de charge publique principal »
“former reporting public office holder” means a former public office holder who, while in office, was a reporting public office holder.
“gift or other advantage”
« cadeau ou autre avantage »
“gift or other advantage” means
(a) an amount of money if there is no obligation to repay it; and
(b) a service or property, or the use of property or money that is provided without charge or at less than its commercial value.
“ministerial adviser”
« conseiller ministériel »
“ministerial adviser” means a person, other than a public servant, who occupies a position in the office of a minister of the Crown or a minister of state and who provides policy, program or financial advice to that person on issues relating to his or her powers, duties and functions as a minister of the Crown or a minister of state, whether or not the advice is provided on a full-time or part-time basis and whether or not the person is entitled to any remuneration or other compensation for the advice.
“ministerial staff”
« personnel ministériel »
“ministerial staff” means those persons, other than public servants, who work on behalf of a minister of the Crown or a minister of state.
“private interest”
« intérêt personnel »
“private interest” does not include an interest in a decision or matter
(a) that is of general application;
(b) that affects a public office holder as one of a broad class of persons; or
(c) that concerns the remuneration or benefits received by virtue of being a public office holder.
“public office holder”
« titulaire de charge publique »
“public office holder” means
(a) a minister of the Crown, a minister of state or a parliamentary secretary;
(b) a member of ministerial staff;
(c) a ministerial adviser;
(d) a Governor in Council appointee, other than the following persons, namely,
(i) a lieutenant governor,
(ii) officers and staff of the Senate, House of Commons and Library of Parliament,
(iii) a person appointed or employed under the Public Service Employment Act who is a head of mission within the meaning of subsection 13(1) of the Department of Foreign Affairs and International Trade Act,
(iv) a judge who receives a salary under the Judges Act,
(v) a military judge within the meaning of subsection 2(1) of the National Defence Act, and
(vi) an officer of the Royal Canadian Mounted Police, not including the Commissioner;
(d.1) a ministerial appointee whose appointment is approved by the Governor in Council; and
(e) a full-time ministerial appointee designated by the appropriate minister of the Crown as a public office holder.
“public sector entity”
« entité du secteur public »
“public sector entity” means a department or agency of the Government of Canada, a Crown corporation established by or under an Act of Parliament or any other entity to which the Governor in Council may appoint a person, but does not include the Senate or the House of Commons.
“public servant”
« fonctionnaire »
“public servant” has the meaning assigned by subsection 2(1) of the Public Servants Disclosure Protection Act, but includes officers and non-commissioned members of the Canadian Forces and employees of the Canadian Security Intelligence Service or the Communications Security Establishment.
“reporting public office holder”
« titulaire de charge publique principal »
“reporting public office holder” means a public office holder who is
(a) a minister of the Crown, minister of state or parliamentary secretary;
(b) a member of ministerial staff who works on average 15 hours or more a week;
(c) a ministerial adviser;
(d) a Governor in Council appointee, or a ministerial appointee whose appointment is approved by the Governor in Council, who exercises his or her official duties and functions on a part-time basis but receives an annual salary and benefits;
(e) a Governor in Council appointee, or a ministerial appointee whose appointment is approved by the Governor in Council, who exercises his or her official duties and functions on a full-time basis; or
(f) a full-time ministerial appointee designated by the appropriate minister of the Crown as a reporting public office holder.
“spouse”
« époux »
“spouse” does not include a person from whom a public office holder is separated if all support obligations and family property or patrimony have been dealt with by a separation agreement or a court order.
Marginal note:Family members
(2) The following are the members of a public office holder’s family for the purposes of this Act:
(a) his or her spouse or common-law partner; and
(b) his or her dependent children and the dependent children of his or her spouse or common-law partner.
Marginal note:Relatives
(3) Persons who are related to a public office holder by birth, marriage, common-law partnership, adoption or affinity are the public office holder’s relatives for the purposes of this Act unless the Commissioner determines, either generally or in relation to a particular public office holder, that it is not necessary for the purposes of this Act that a person or a class of persons be considered a relative of a public office holder.
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