Managing Conflict of Interest - Organisation for Economic Co ...

52 Managing Conflict of Interestof the Federal Accountability Act, a Conflict of Interest Act applicableto federal public office holders took effect in July 2007. Publicoffice holders include ministers for the Government of Canada;members of the ministerial staff and ministerial advisers; and Governorin Council appointees (heads of government departments,commissioners, chief executives of state corporations, etc.).Under the new legislation, a public office holder is in a conflictof interest when he or she exercises an official duty or functionthat provides an opportunity to further his or her private interestsor those of his or her relatives or friends or to improperly furtheranother person’s private interests. This new Act increases the mandateof the Conflict of Interest and Ethics Commissioner’s Officeand outlines several targeted objectives:• To establish clear conflict of interest and post-employmentrules for public office holders;• To minimize the possibility of conflicts arising between theprivate interests and public duties of public office holdersand provide for the resolution of those conflicts in the publicinterest should they arise;• To provide the Conflict of Interest and Ethics Commissionerwith the mandate to determine the measures necessary toavoid conflicts of interest and to determine whether a contraventionof this Act has occurred;• To encourage experienced and competent persons to seekand accept public office; and• To facilitate transparent and accountable interactionsbetween the private and public sectors.Members of Parliament and Senators: The Parliament of Canada ActMembers of Parliament and senators are treated separately andare governed by the Parliament of Canada Act. This Act contains targetedCodes for the prevention and resolution of conflicts of interestpertaining to these public officials: the Conflict of Interest Codeof Members of the House of Commons and the Conflict on InterestCode for Senators. For example, provisions stipulate that senatorsmay not receive remuneration for services rendered in connectionwith a matter before the Senate or the House of Commons or forADB/OECD Anti-Corruption Initiative for Asia and the Pacific