Conflict of Interest Act

Information Notice on the Political Activities of Reporting Public Office Holders

      The fall general election prompted many reporting public office holders and, in particular, ministerial staff to ask the Office of the Conflict of Interest and Ethics Commissioner whether their participation in an election campaign is compatible with their obligations under the Conflict of Interest Act.

      While the former Conflict of Interest and Post-Employment Code for Public Office Holders (2006) was silent about the extent to which public office holders could be politically active, the Conflict of Interest Act, which came into force on July 9, 2007, makes a specific reference to “political activities.”  Subsection 15(4) excludes “political activities” from the scope of section 15.

      Subsection 15(1), in particular, which precludes reporting public office holders from engaging in a variety of activities, reads as follows:

15. (1) No reporting public officer holder shall, except as required in the exercise of his or her official powers, duties and functions,

(a)   engage in employment or the practice of a profession;

(b)    manage or operate a business of commercial activity;

(c)   continue as, or become, a director or officer in a corporation or an organization;

(d)   hold office in a union or professional association;

(e)   serve as a paid consultant; or

(f)     be an active partner in a partnership.

The effect of subsection 15(4) is to create a broad exception to the general prohibitions of subsection 15 (1).  Subsection 15(4) reads as follows:

15. (4) Nothing in this section prohibits or restricts the political activities of a reporting public office holder.

Reporting public office holders who carry on activities in support of a candidate during an election period do not, thereby, contravene section 15 of the Conflict of Interest Act.

      Public office holders who plan to participate in election campaign activities should, however, be aware that there are two sets of government guidelines and policies related to political activities.

      Treasury Board has established policies governing the political activities of ministerial staff.  In particular, ministerial staff are subject to Treasury Board’s Policies and Guidelines for Minister’s Offices, which sets out rules governing leaves of absence during election campaigns.