Traduction de «commissaire aux conflits d'intérêts » (Français → Anglais) :

(2.1) The Commissioner must refuse to deal with a disclosure or to commence an investigation if he or she is of the opinion that the subject-matter of the disclosure or the investigation is within the jurisdiction of the Conflict of Interest and Ethics Commissioner under the Conflict of Interest Act and must refer the matter to the Conflict of Interest and Ethics Commissioner.

(2.1) The Commissioner must refuse to deal with a disclosure or to commence an investigation if he or she is of the opinion that the subject-matter of the disclosure or the investigation is within the jurisdiction of the Conflict of Interest and Ethics Commissioner under the Conflict of Interest Act and must refer the matter to the Conflict of Interest and Ethics Commissioner.

Since the objectives of this Regulation, namely clarifying and better defining the role of statutory audit regarding public-interest entities, improving the information that the statutory auditor or the audit firm provides to the audited entity, investors and other stakeholders, improving the communication channels between auditors and supervisors of public-interest entities, preventing any conflict of interest arising from the provision of non-audit services to public-interest entities, mitigating the risk of any potential conflict of interest due to the existing system whereby the auditee selects and pays the auditor or the familiarity ...[+++] threat, facilitating the switching of, and the choice of a statutory auditor or an audit firm to public-interest entities, broadening the choice of statutory auditors and audit firms for public-interest entities and improving the effectiveness, independence and consistency of the regulation and oversight of statutory auditors and audit firms providing statutory audits to public-interest entities including as regards cooperation at Union level, cannot be sufficiently achieved by the Member States but can rather, by reason of their scale, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union.

With regard to conflicts of interest, the measures adopted shall not go beyond what is strictly necessary to prevent a potential conflict of interest or eliminate a conflict of interest that has been identified.

In Democracy Watch's opinion, the Ethics Commissioner has actually violated the Act (section 25(1)) by failing to require public disclosure every time a public office holder removes himself/herself from a decision-making process because of a conflict of interest (the Ethics Commissioner has instead created a secret process that is not mentioned in the Act that she calls “conflict of interest screens” through which office holders secretly remove themselves from decision-making processes).

The Senate Ethics Officer’s mandate is substantially similar, if not identical, to the mandate of the Conflict of Interest and Ethics Commissioner (12) As stated above, the duties and functions of the Senate Ethics Officer and the Conflict of Interest and Ethics Commissioner derive from the Conflict of Interest Code for Senators and the Conflict of Interest Code for Members of the House of Commons.