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ETHI Committee Report

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List of Recommendations

 

As a result of their deliberations committees may make recommendations which they include in their reports for the consideration of the House of Commons or the Government. Recommendations related to this study are listed below.

Recommendation 1 on Cabinet decisions

That the Government of Canada consider making mandatory, prior to all Cabinet decisions on awarding a contract or contribution agreement, an evaluation and determination as to whether a conflict of interest screen, agreed upon pursuant to section 29 of the Conflict of Interest Act by a public office holder and the Conflict of Interest and Ethics Commissioner, should be put in place for any member of Cabinet, as a preventative measure to avoid conflict of interest.

Recommendation 2 on decisions made in the Finance Minister’s Office

That the Government of Canada make mandatory, prior to decisions made in the Finance Minister’s Office, an evaluation and determination as to whether a conflict of interest screen, agreed upon pursuant to section 29 of the Conflict of Interest Act by a public office holder and the Conflict of Interest and Ethics Commissioner, should be put in place for the minister or any public office holder involved in that decision and that it conduct a review to examine how groups not registered to lobby were able to have direct access to the Finance Minister.

Recommendation 3 on ministerial accountability

That, given the failure of Minister Bardish Chagger to reveal her 17 April 2020 meeting with Mr. Craig Kielburger, a review of ministerial accountability to committees must be undertaken.

Recommendation 4 on record-keeping in the context of a meeting with lobbyists

That the Government of Canada implement a mandatory rule requiring, except in exceptional circumstances, that senior public office holders be accompanied by at least one staff during any meeting with lobbyists for the purpose of taking notes.

Recommendation 5 regarding the outsourcing of projects

That the Government of Canada establish a mandatory competitive process to select recipients for contribution agreements valued above a predetermined threshold.

Recommendation 6 regarding due diligence reports

That the Government of Canada make it mandatory to produce a due diligence report for any contract or contribution agreement between the government and a third party.

Recommendation 7 on contracting with shell companies

That the Government of Canada ensure that no future contracts or contribution agreements be signed with shell companies that lack assets in order to avoid liability.

Recommendation 8 on contracting with WE Charity, its affiliates, or subsidiaries

That the Government of Canada refrain from further contracts or contribution agreements with the WE group until an independent audit or a Canada Revenue Agency forensic audit can be undertaken to determine exactly how the finances flow between their charitable operations and their multitude of side companies and real estate holdings.

Recommendation 9 on Quebec and Francophone communities outside of Quebec’s access to federal programs

That the Government of Canada insist that projects that involve hiring people across Canada are properly vetted regarding their obligation to ensure full participation of Quebec and Francophone communities outside of Quebec.

Recommendation 10 regarding the significant part of duties threshold for in-house lobbyists

That the Government of Canada remove the significant part of duties threshold from the Lobbying Act for in-house lobbyists and clarify lobbying rules applicable to founders of organizations that may lobby government.

Recommendation 11 regarding the powers of the Commissioner of Lobbying of Canada

That the Government of Canada introduce legislative changes to the Lobbying Act to give the Commissioner of Lobbying real powers to investigate, issue fines and impose lobbying bans to those who disregard the Act.

Recommendation 12 regarding volunteer programs

That the Government of Canada review future volunteer programs to ensure they are not used to undercut minimum wage laws.

Recommendation 13 regarding compliance with Orders from the House of Commons

That the Government of Canada comply with orders of the House of Commons and not block testimony of key witnesses in studies relating to conflict of interest and lobbying.

Recommendation 14 regarding the powers of the Conflict of Interest and Ethics Commissioner

That the Conflict of Interest and Ethics Commissioner be provided with more tools to sanction public office holders who contravene the Conflict of Interest Act.

Recommendation 15 regarding the use of new technology

That the Government of Canada refrain from using any new technology that has the potential of violating the privacy rights of Canadians until it has been examined by the Office of the Privacy Commissioner of Canada and given the parameters of use.

Recommendation 16 regarding the Cabinet decision-making process

That, as part of the Cabinet decision-making process, members must immediately recuse themselves from discussions on a subject that places them in a conflict of interest or the appearance of a conflict of interest, in order to maintain public trust. If the member or members in a real or apparent conflict of interest do not recuse themselves, the other members of Cabinet must suspend them from Cabinet as soon as they are aware of the issue, or Cabinet will be unable to legitimately meet.

Recommendation 17 on the appearance of a conflict of interest

That the Government of Canada amend the Conflict of Interest Act to explicitly provide that the failure to recuse by a public office holder where there is an appearance of conflict of interest constitutes a contravention of the Act.

Recommendation 18 regarding the review of the Conflict of Interest Act

That the Government of Canada conduct a comprehensive review of the Conflict of Interest Act, especially section 7, respecting the reasons a public office holder may be led to give preferential treatment to a third party and the appropriateness of broadening the scope of this section in order to restore and foster public trust in the various offices that make up the government and its departments. This review should also assess whether it is appropriate to define or amend certain terms employed in the Act, such as “friend” and “preferential treatment,” in order to broaden the concept of conflict of interest and encompass all the circumstances that may result in a violation of the Act. Further, the review should assess the appropriateness of implementing a hierarchy of penalties based on the number of repeat violations or the gravity of the violation. That this review be duly submitted to Parliament for study and approval.

Recommendation 19 on access to programs in both official languages

That the Government of Canada, in any contracting process or call for proposals to engage a person or third-party organization to provide services to the public or administer government programs, ensure that the services and programs will be provided in accordance with its official languages obligations so that Francophones in Quebec and Francophone communities outside of Quebec can receive the same programs and services in their language as Anglophone Canadians.

Recommendation 20 on oversight and accountability during emergencies

That the Government of Canada establish oversight and accountability mechanisms specifically designed to ensure rapid and transparent allocation of federal funds during emergency situations.

Recommendation 21 on the review of contribution agreement processes

That the Government of Canada explore measures to increase the fairness, openness and transparency of its contribution agreement award processes.

Recommendation 22 on post-employment obligations

That the Government of Canada review the Conflict of Interest Act and the Lobbying Act and make amendments where required to ensure better compliance with the post-employment obligations of a public office holder, whether through greater sanctions or other means.

Recommendation 23 on the review of contracts and contracting processes

That the Government of Canada provide an independent organization, such as the Office of the Procurement Ombudsman, the powers necessary to proactively review departmental contracting processes, including their use of sole-sourced contracts.