Mr. Speaker, I gave the Speaker notice this morning about a question of privilege that I take no pleasure in raising today. It has come to my attention that an officer of Parliament, the Conflict of Interest and Ethics Commissioner, appears to have exceeded the authority vested in him by the House.
Yesterday afternoon, I had occasion to browse the website for the commissioner’s office, something that I do periodically as the official opposition shadow minister for ethics and accountable government. In doing so, I was looking at the forms that members of the House are expected and required to use. Specifically, I was looking at the one to report gifts or benefits. I noticed at the bottom that the form was dated October 2025. That struck me as odd, so I did some additional digging. From there, one could find that the form concerning members’ sponsored travel was also, suspiciously, dated October 2025.
One may be wondering why that date would raise any suspicion. It is, of course, October 2025. It is because the House has laid down a very specific procedure to be followed in the proposal, consideration and approval of forms used to administer the Conflict of Interest Code for Members of the House of Commons. Part of that procedure involves the House approving the forms. That is done on the recommendation of the Standing Committee on Procedure and House Affairs, and I certainly do not recall the House voting this month on any proposals by the Ethics Commissioner.
In case it might have been some sort of stylistic formatting change, I obtained copies of what the House last approved and what it had actually approved. The two forms I cited were approved by the House on March 7, 2016. That was when it concurred in the fourth report of the Standing Committee on Procedure and House Affairs, which had been presented the same day.
The differences between the forms as published on the commissioner’s website and what was approved by the House are not stylistic or cosmetic; they are, in fact, substantial. This is, of course, troubling, especially since the problem does not stop there. There is at least one more form, the “Disclosure Statement for Members and their Family Members”, on the commissioner’s website, which appears to be substantially different from what the House approved on January 27, 2009, when it concurred in the second report of the Standing Committee on Procedure and House Affairs, which was tabled that same day.
I recognize that it might seem odd to be upset or rising today about the forms the commissioner draws up to administer the conflict of interest code, but the fact of the matter is that the House has laid down a very specific and precise procedure in this regard. Section 30 of the code specifies:
(1) The commissioner shall submit any proposed procedural and interpretative guidelines and all forms relating to the code to the Standing Committee on Procedure and House Affairs for approval....
(2) Any guidelines and forms approved by the committee shall be reported to the House and shall come into effect when the report is concurred in by the House....
(3) Until the guidelines and forms are reported to the House, they shall remain confidential.
This was a deliberate policy choice made by the House. This is worth underlining. The procedure and House affairs committee explained this in June 2007, at paragraphs 29 and 30 of its 54th report:
29. Section 30 of the Code requires the Commissioner to submit “any proposed rules for the administration of this Code” to the Committee. Following approval by the Committee and the House, the rules may come into effect. It has never been entirely clear what documents were intended to be covered by this provision. The Committee recommends amending the section to refer to “procedural and interpretative guidelines and all forms relating to the Code.” It is intended that this change will provide more guidance to the Commissioner, as well as codifying the current expectation that forms should be approved.
30. The Committee also recommends adding a provision requiring guidelines and forms to remain confidential until reported to the House.
The House concurred in these recommendations and others on June 11, 2007, and that has been the rule of the House ever since. Our Conflict of Interest Code for Members of the House of Commons is, formally, appendix 1 to the Standing Orders of the House. As House of Commons Procedure and Practice, third edition explains, at page 226, “The establishment of the Code is a manifestation of the House's right to regulate its internal affairs and to discipline its Members for misconduct.” That is, of course, an extension of the House’s collective privileges.
In publishing these new forms outside the procedures laid down by the House, the commissioner has, I respectfully submit, disobeyed the lawful orders of the House and defied its authority. These actions, as Bosc and Gagnon observe at pages 81 and 82, are considered to be contempts of Parliament. As the United Kingdom’s leading procedural authority, Erskine May, in the 25th edition, points out, at paragraph 15.7, “Contempts can be committed by disobedience to general rules”.
Questions of privilege concerning officers of Parliament, even the Ethics Commissioner, are not unprecedented. For example, on October 6, 2005, Mr. Speaker Milliken found, as stated at page 8473 of the Debates, a prima facie case of privilege in relation to the then ethics commissioner’s media interviews disclosing an investigation he was undertaking about a member, in apparent disregard of the Code’s requirements to provide the subject of an investigation with reasonable written notice and to conduct an investigation in private.
In the procedure and House affairs committee’s subsequent assessment of the case, in the committee's 51st report, tabled in November 2005, we might read, at paragraph 14:
...members of the Committee are very disturbed at what was heard about the operation of the Office of the Ethics Commissioner, and, in particular, the handling of complaints and investigations. We are concerned about an apparent absence of rigour in the Office in the development of proper processes. This has resulted in the lack of attention to detail and the requirements of due process in this case. It appears to us that the Office of the Ethics Commissioner is not sufficiently familiar with the provisions of the Conflict of Interest Code for Members of the House of Commons, nor is the Office meticulous in ensuring that these provisions are observed in both their letter and their spirit. Within the Office, there appears to be an unacceptable confusion or blurring of the distinctions between the Conflict of Interest and Post-Employment Code for Public Office Holders, which...[was the predecessor of the current Conflict of Interest Act] and the Conflict of Interest Code for Members of the House of Commons.
These observations were made, I should note, 20 years ago next month. In any event, the Committee went on to conclude, at paragraph 38, “The Committee wishes to place on the record its concern that the procedures and processes under the Code need to be much more...scrupulously followed to ensure this kind of experience is not repeated. The risks to Members, and the very integrity of the Code, demand nothing less.”
The concern today is about forms, and I appreciate that this might superficially seem to be a minor matter. The fact is that when the House adopts its rules and orders, it reasonably expects compliance. In a ruling delivered on April 19, 1993, Mr. Speaker Fraser, at page 18105 of the Debates, endorsed the opinion that “the disregard of that legislative command, even if unintentional, is an affront to the authority and dignity of Parliament as a whole and of this House in particular.”
The Chair then added, for his own part:
The statutory laws which have been agreed to by Members of this House do serve a purpose and are meant to be respected....
The requirements contained in our rules and statutory laws have been agreed upon by this House and constitute an agreement which I think all of us realize must be respected.
Sir John Bourinot put it more pointedly in Parliamentary Procedure and Practice in the Dominion of Canada, fourth edition, at page 203: “Each house is bound by every consideration of self-interest and justice to observe strictly its rules and standing orders, and to rebuke every attempt to evade or infringe them.”
We have seen a troubling pattern in recent years: The government, including the public service, feels at liberty to defy the authority of the House of Commons, especially when it comes to document production orders, but this pattern of disrespect has been spreading. It is a contagion, and it has gone beyond the executive in recent years.
We all recall the scene at the bar last year when Mr. Kristian Firth was admonished for trifling with the Standing Committee on Government Operations and Estimates. When Parliament was prorogued this past January, the House was seized with the prima facie questions of privilege concerning the committee shenanigans of Steven Anderson and Lauren Chen. Members will also recall the now-famous scandal of the other Randy.
It is distressing that this has spread from the executive to the public service and now to members of the public. What I am worried about is that we might now be seeing it with officers of Parliament, officers of the House, joining the ranks of the people who failed to appreciate the authority of the House of Commons, which is the beating heart of Canada's democracy.
Should you agree, Mr. Speaker, that the question amounts to a prima facie case of privilege, I intend to move a motion to refer the matter to the procedure and House affairs committee.
Rules are not suggestions, especially not in the ethics business. It may well be that this was an innocent misunderstanding, or maybe it was a deliberate thumbing of the nose at the authority of the House. We do not know. Since the commissioner cannot address the House, we should afford him the opportunity to speak to the issue at committee to account for himself and his office before judgment is pronounced.
We have to be vigilant in defending the rights of the House, and that is why, though some found it uncomfortable, we called the head of the Public Health Agency of Canada to the bar for defying an order of the House and why we called to the bar Mr. Firth for his unacceptable conduct before a standing committee of the House.
We have seen recently, though we are in early days in a new Parliament, that the Prime Minister's Office did not respond in good faith to the document production order passed by the Standing Committee on Access to Information, Privacy and Ethics by the deadline prescribed by the committee. We keep hearing that there is a new government, but it seems like a case of history repeating itself.
I mentioned that we are early in the current Parliament, so our effort at the committee was to extend to the Prime Minister and to his department, the PCO, the opportunity to come good on the document production order at committee by next week. However, the bottom line and the fact of the matter is that, like in the earlier case, should they not respect the authority and the privileges of the highest court in the land, they will find themselves in contempt.
This is an opportunity, with the motion that I am prepared to move, should you, Mr. Speaker, find that there is a prima facie case of privilege, to take the issue to the Standing Committee on Procedure and House Affairs, the committee responsible for it, and the commissioner could explain how we found ourselves here today.
The bottom line is that no one should get a free pass.