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New Parliament of Canada Ethics Rules

Provinces first to act conflict of interest legislation plus independent ethics commissioner Ontario 1988 B.C. & AB 1991 by 2003, all provinces and territories covered. Provincial regimes generally successful exceptions Ralph Klein & Multi-Corp affair (EC didn’t ask right questions)

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New Parliament of Canada Ethics Rules

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  1. Provinces first to act conflict of interest legislation plus independent ethics commissioner Ontario 1988 B.C. & AB 1991 by 2003, all provinces and territories covered Provincial regimes generally successful exceptions Ralph Klein & Multi-Corp affair (EC didn’t ask right questions) Glen Clark in British Columbia (Clark failed to utilize EC) New Parliament of Canada Ethics Rules

  2. Action after scandal Pearson: letter 1964 MacEachen report: 1973 - recommended c.o.i. legislation Trudeau issued cabinet guidelines instead ARDG to administer 1979: Clark makes guidelines public 1983: Starr-Sharp rep legislation office of pub sect eth Mulroney: new guidelines instead Stevens affair 1986 1987: legislation & indep ethics comm re-introduced 1988, died again Parliamentary regime

  3. Promise to govern with integrity ARDG becomes ethics counsellor not independent Auberge Grand-mere 1999-2002 2003: ethics leg introduced, Senate killed Martin re-introduced Feb 2004 Bill C-4 received Royal Assent March 31 indep Hse of Comm Ethics Commissioner indep Senate Ethics Officer H of C code approved: good code, big improvement on previous drafts Senate code yet to come Red book and after

  4. 13 prominent episodes of ethics lapses; 7 might have been prevented with C-4 Dupuy 1994 Collonette, 1996 Auberge Grand-Mere, 1999 - 2003 Sponsorship scandal, 2000-2004 Boudria, 2002 Eggleton, 2002 MacAulay, 2002 In addition, 4 cabinet ministers accepted hospitality from Irvings C-4 not applicable: Pearson airport, Airbus, GST, Corbeil, APEC, HRDC Avoidable ethics scandals

  5. H of C Ethics Commissioner & Senate Ethics Officer: nominated by cabinet after cons with party leaders reviewed by relevant chamber app’d by GG for 7 yrs (Sen) or 5 yrs (Hse) Bernard Shapiro 1st Commissioner Commissioner also issues annual reports administers PM’s code for public office holders (good code for cabinet, parl secs, min assistants, & G-in-C appointees other than judges, Parl staff, LGs, amb’s, RCMP – 3,000 covered) PM’s code & changes tabled in Parliament (other public servants covered by new fed code and Integrity Officer) Bill C-4

  6. Any MP or Senator can request an investigation for alleged breach Commissioner can establish an inquiry, summon witnesses order production of evidence Inquiry reports to be made public educative role emphasized by legislation can’t meet with all MPs & public office holders, but can hire staff likely to meet with cabinet ministers Inquiries by Ethics Commissioner

  7. Factors for Success of New Federal Ethics Regime • New Ethics Commissioner does excellent educative work, and conducts fair inquiries • Quality of staff for new Ethics Commissioner • Competent Ethics Officer for Senate appointed • Senate code of conduct as comprehensive as that for House of Commons

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