Members’ Participation in Issues Related to the Canadian Wheat Board
Issued under Members’ Code ss. 26(4)
ADVISORY OPINION
October 26, 2011
My Office has been asked whether Members who are grain farmers would be required to withdraw from debates or votes related to Bill C-18, An Act to reorganize the Canadian Wheat Board and to make consequential and related amendments to certain Acts.
Section 13 of the Conflict of Interest Code for Members of the House of Commons (Code) prohibits Members from participating in debates or voting on a question in which they have a private interest.
It reads:
13. A Member shall not participate in debate on or vote on a question in which he or she has a private interest.
Subsection 3(2) of the Code describes circumstances in which a Member is considered to further a private interest. These include situations in which a Member’s actions result in an increase in assets or income, a reduction in liabilities, the acquisition of a financial interest or becoming a director, officer or partner.
Subsection 3(3) of the Code, however, excludes certain situations from the application of subsection 3(2). Paragraphs (a) and (b) are of particular relevance. They read:
3.(3) For the purpose of this Code, a Member is not considered to further his or her own private interests or the interests of another person if the matter in question
(a) is of general application;
(b) affects the Member or the other person as one of a broad class of the public;
[…]
It is my understanding that there are some 70,000 grain farmers in Western Canada. Although Members who are grain farmers will have an interest in the subject matter of Bill C-18, it is an interest that is shared with a broad segment of the public and therefore falls within the exclusions set out in paragraphs 3(3)(a) and 3(3)(b).
It is my opinion that all Members who are grain farmers need not, therefore, withdraw from debates or votes related to Bill C-18. If any Members believe they are in an exceptional situation that may give rise to concerns about their participation in debates and votes related to Bill C-18, they are encouraged to contact my Office by telephone at (613) 995-0721 or by e-mail at ciec-ccie@parl.gc.ca.
Mary Dawson
Conflict of Interest and Ethics Commissioner
Issued under Members’ Code ss. 26(4)
ADVISORY OPINION
October 26, 2011
My Office has been asked whether Members who are grain farmers would be required to withdraw from debates or votes related to Bill C-18, An Act to reorganize the Canadian Wheat Board and to make consequential and related amendments to certain Acts.
Section 13 of the Conflict of Interest Code for Members of the House of Commons (Code) prohibits Members from participating in debates or voting on a question in which they have a private interest.
It reads:
13. A Member shall not participate in debate on or vote on a question in which he or she has a private interest.
Subsection 3(2) of the Code describes circumstances in which a Member is considered to further a private interest. These include situations in which a Member’s actions result in an increase in assets or income, a reduction in liabilities, the acquisition of a financial interest or becoming a director, officer or partner.
Subsection 3(3) of the Code, however, excludes certain situations from the application of subsection 3(2). Paragraphs (a) and (b) are of particular relevance. They read:
3.(3) For the purpose of this Code, a Member is not considered to further his or her own private interests or the interests of another person if the matter in question
(a) is of general application;
(b) affects the Member or the other person as one of a broad class of the public;
[…]
It is my understanding that there are some 70,000 grain farmers in Western Canada. Although Members who are grain farmers will have an interest in the subject matter of Bill C-18, it is an interest that is shared with a broad segment of the public and therefore falls within the exclusions set out in paragraphs 3(3)(a) and 3(3)(b).
It is my opinion that all Members who are grain farmers need not, therefore, withdraw from debates or votes related to Bill C-18. If any Members believe they are in an exceptional situation that may give rise to concerns about their participation in debates and votes related to Bill C-18, they are encouraged to contact my Office by telephone at (613) 995-0721 or by e-mail at ciec-ccie@parl.gc.ca.
Mary Dawson
Conflict of Interest and Ethics Commissioner
Comment