Conflict of interest and ethics probes on hold until new commissioner is named, MPs told

Staff at the Office of the Conflict of Interest and Ethics Commissioner (CIEC) told a House of Commons committee Friday that the watchdog cannot undertake any investigations while the ethics commissioner's job is vacant.

The most recent ethics commissioner, Mario Dion, retired in February 2023 after serving in the role for five years. Controversy erupted when Martine Richard, sister-in-law of Intergovernmental Affairs Minister Dominic LeBlanc, replaced Dion in an interim capacity. Richard stepped down last month.

The commissioner is responsible for administering the Conflict of Interest Act and the Conflict of Interest Code for Parliamentarians. The commissioner can launch investigations and can impose fines and compliance orders on public office holders. Commissioners are appointed following consultations with leaders of all recognized parties in the House of Commons and after the adoption of a resolution by the House.

Testifying before the House of Commons standing committee on access to information, privacy and ethics, Melanie Rushworth, CIEC director of communications, outreach and planning, said there are "certain things" the office can't do without a permanent commissioner.

"Those are things like post-employment waivers for public office holders, administrative monetary penalties, and moving forward with investigations," she said.

Rushworth added that the office is still providing advice to those subject to the act and the code. She said a commissioner can investigate any matter that happened within the last 10 years and has five years from the time they became aware of the matter to launch an investigation.

Prior to his departure, Dion recommended remedial training for all ministers and parliamentary secretaries because of repeated violations of conflict of interest and ethics rules.

The commissioner twice found Prime Minister Justin Trudeau in violation of the Conflict of Interest Act — once for a trip to the Aga Khan's private island and once for his actions during the 2019 SNC Lavalin scandal. LeBlanc, International Trade, Export Promotion, Small Business and Economic Development Minister Mary Ng and Parliamentary Secretary to the Prime Minister Greg Fergus have also run afoul of the act.

In a tweet Friday, Dion expressed concern about delays in appointing his replacement.

"No enforcement of Conflict of Interest legislation and Code until a commissioner is appointed ... there will be consequences but only later," he tweeted.

"Impunity for an indefinite period of time. Not very healthy for the regime," he then tweeted in French.

Supreme Court Chief Justice Richard Wagner called out the government last week over delays in appointing judges.

Sandy Tremblay, director of corporate management at the CIEC, said the office is doing as much work in advance as possible before a commissioner is appointed.

"The work will continue, but our hands our tied until there is a new commissioner," she told the committee in French.