Democracy Watch’s 2024-2025 Annual Financial Statement
Democracy Watch’s 2023-2024 Annual Financial Statement
(Democracy Watch: November 2025)
Under Canada’s federal Lobbying Act, only some lobbyists are required to register and disclose only some of their lobbying activities and communications with federal Cabinet ministers, government officials, politicians, political staff etc.
The Act contains a “dirty dozen” loopholes that allow for secret, unregistered lobbying. Click here to see the loopholes.
Only lobbyists who are required to register under the Act are required to comply with the ethical lobbying rules in the federal Lobbyists’ Code of Conduct (Lobbyists’ Code), and the Code also has huge loopholes in it that allow even registered lobbyists to essentially bribe politicians and public officials they are lobbying with favours and gifts.
The loopholes were added to the federal Lobbyists’ Code in July 2023 after a skewed and dishonest public consultation process by Commissioner of Lobbying Nancy Bélanger, with the approval of MPs from all parties on the House of Commons Access to Information, Privacy and Ethics Committee. In adding the loopholes, which essentially gut key ethics rules in the Code, Commissioner Bélanger ignored the fact that adding the loopholes was opposed by more than 20,000 voters, by 26 citizen groups with a total membership of 1.5 million Canadians, by 15 lawyers from 7 law firms (and also lawyers in private practice or other roles), and by 26 law, politics and ethics professors from 15 universities in 9 provinces (Click here to see details).
The following are the loopholes in the federal Lobbyists’ Code that allow for unethical lobbying and essentially legalize bribery of federal politicians:
1. A lobbyist is allowed to do secret favours for politicians they are lobbying or are allowed to lobby them soon after doing the favours
In the pre-July 2023 version of the Lobbyists’ Code, Rules 6 and 9 and a guideline by the Commissioner prohibited lobbying for 4 years (i.e. until after the next election) after a person did any significant campaigning or event organizing, or any fundraising, for a politician or party.
Under Rule 4.2 in the new Code, depending on the level of campaigning or fundraising a person does for a politician or party, lobbying is allowed at the same time, or right afterwards, or at most only 1-2 years later (only at most 1 year later no matter how much money a lobbyist raises).
Rule 4.2 also gives the Commissioner of Lobbying the power to secretly reduce those lobbying prohibition periods.
When proposing the new loophole, Commissioner of Lobbying Bélanger made the very questionable claim that the Code’s previous 4-year cooling-off period violates the Canadian Charter right to freedom of expression, based on one opinion that the Commissioner paid law firm Goldblatt Partners for in a sole-source contract that was extended twice, increasing from $11,300 to $45,200 and then up to $90,400.
In fact, several Supreme Court of Canada and other Canadian court rulings have clearly stated that Charter rights must be restricted to protect government integrity, and as a result it is clear that the previous 4-year cooling-off period complies with the Charter while the new shorter or non-existent cooling-off periods violate the Charter.
The Lobbyists’ Code should be changed to again prohibit, without any exemptions, anyone from lobbying any party leader and any MP, Senator or their staff in their party and any party official for at least 4 years after they have done significant campaigning, fundraising, event organizing or any other favour for the party leader or party, and to prohibit anyone from lobbying any individual MP, Senator or their staff after they have done significant campaigning, fundraising, event organizing or any other favour for the MP or Senator. If the Commissioner is allowed to continue to have the power to grant exemptions, the Commissioner must also be required to publish each exemption as soon as it is granted in an online, searchable, public registry.
2. Gifts and hospitality are allowed to be given by lobbyists to politicians and public officials they lobby
Under Rules 3.1 to 3.3 of the Lobbyists’ Code, lobbyists are allowed to give a gift or hospitality (i.e. a meal or event) worth up to $40 each time, and up to $200 over any 12-month period.
While those dollar amounts are not exorbitantly high, and can be afforded by most lobbying organizations, and while these rules are stronger than in past versions of the Code, the rules open up gift-giving and wining and dining as a means of influence, and the limits are difficult to enforce because lobbyist’s interactions with public officials can’t be monitored in any comprehensive, detailed way.
In addition, the Rules allow the Commissioner to secretly exempt lobbyists from the limits.
In addition, the Rules allow lobbyists to give gifts to political party officials (who can pass them on to politicians or political staff in their party), and the Rules also allow lobbyists to offer or give other benefits to politicians and public officials, such as a donation to their favourite charity, or a gift or benefit or job to a family member, or the promise of a job in the future after they leave their political or government position.
The Lobbyists’ Code should be changed to prohibit lobbyists, without any exemptions, from offering or giving, directly or indirectly, any gift or any other type of benefit or advantage to any politician, political staff, political party official or public official or to any member of their family. This clear prohibition not only closes loopholes in the current Code rules, it is also a better system because clinical studies by psychologists in many countries show that even small gifts influence decisions.
3. Lobbying for clients that have conflicting interests is allowed
In a past, pre-2015 version of the Lobbyists’ Code, lobbyists were prohibited from representing clients that had conflicting interests unless the clients consented. The current version of the Code allows lobbyists to representing clients with conflicting interests, which has led to some lobbying firms doing that. Click here to see details.
The Lobbyists’ Code should be changed to again prohibit, without any exemptions, anyone from lobbying for a client whose interests conflict with another client unless all the clients consent in writing.
4. Lobbyists are allowed to use secret information obtained from politicians and public officials
In the pre-July 2023 version of the Lobbyists’ Code, Rule 5 stated that “If a lobbyist obtains a government document they should not have, they shall neither use nor disclose it.” Rule 2.2 of the new Code says a lobbyist can use or share information obtained from a public official in confidence if the lobbyist has the official’s informed consent.
The Lobbyists’ Code should be changed to again prohibit, without any exemptions, lobbyists from using or sharing secret information they have obtained from any politician, political staff or public official.
Key Changes Needed to Make Enforcement of the Lobbying Act Independent, Transparent, Timely, Effective and Accountable
The following changes are needed to ensure the enforcement of the federal Lobbying Act and Lobbyists’ Code of Conduct (Lobbyists’ Code) and is independent, transparent, timely, effective and accountable, which it isn’t currently and hasn’t been at any time since the Act was enacted in 1988 and the Code was enacted in 1997. Click here to see a policy paper (in English only) that sets out details concerning these much-needed changes to the current federal enforcement system (similar changes are needed to every provincial, territorial and municipal ethics law enforcement system across Canada).
1. Establish, by adding new provisions to the Lobbying Act (by completely changing section 4.1), a fully independent, fully non-partisan committee to conduct a public, merit-based search for short list (1-3) qualified candidates for the Commissioner of Lobbying, and then have that committee make the final choice and submit the choice to an all-party committee for appointment (with no possibility of re-appointment as that gives the enforcer an incentive to please office holders by letting them off when they violate the rules). This should also be the system for the appointment of all Officers of Parliament, the Commissioner and all other top officers of the RCMP, the head of FINTRAC, the new Foreign Interference Transparency Commissioner, and all judges, all of whom need to be fully independent in order to be perceived as being capable of impartially and effectively enforcing the key democratic good government and anti-corruption laws they enforce.
2. Add a new section 10.6 that requires the Commissioner of Lobbying to conduct regular, unannounced audits of a randomly selected sample of lobbyists’ communications and other activities, gifts and benefits and other matters and activities covered by the Lobbying Act and Lobbyists’ Code.
3. Also in a new section 10.6, require the Commissioner of Lobbying to publish online binding interpretations of every measure in the Lobbying Act and Lobbyists’ Code of Conduct with examples of real situations, and to publish online a summary of the Commissioner’s advice or opinion each time advice or an opinion about a new situation is given to any person covered by the Lobbying Act or Lobbyists’ Code, so everyone knows exactly what the law and code prohibit.
4. Also in a new section 10.6, require the Commissioner of Lobbying to publish online a notice setting out all the details every time the Commissioner grants an exemption to any rule in the Lobbyists’ Code.
5. Require in a new subsections of sections 5 and 7 of the Lobbying Act that all lobbyists take a formal training course from the Commissioner of Lobbying when they first registering as a lobbyist, and annually.
6. Change subsection 10.4(1) the Lobbying Act to give members of the public, who employ and pay all office holders, a clear legal right to file a complaint with the Commissioner of Lobbying.
7. Delete clauses 10.4(1.1)(b) to (d) in the Lobbying Act, and change sections 4 and 10.5 to require the Commissioner of Lobbying to investigate and issue a public ruling on every complaint s/he receives and every situation s/he becomes aware of that raises any questions about whether a lobbyist has complied with the Lobbying Act or Lobbyists’ Code.
8. Add a new subsection to section 10.5 that empowers and requires the Commissioner of Lobbying to impose a sliding scale of mandatory penalties (specifically listed in the new subsection) depending on the seriousness of any and all violations of the Lobbying Act or the Lobbyists’ Code, with a set mandatory fine and prohibition on lobbying for a specified time period imposed on every violator, and more significant fines and prohibitions for longer time periods as the mandatory penalties for more serious violations. In addition, change subsections 10.4(7) to (9) of the Act to specify that the Commissioner is only required to refer the most serious violations of the Act to police, and that the Commissioner is not required to suspend any investigation concerning a violation of the Act or Code even if the Commissioner refers a matter to police that involves a violation of another law.
9. Add a new subsection to section 10.5 of the Lobbying Act giving any member of the public a clear right to apply in Federal Court for a judicial review of any decision made by the Commissioner of Lobbying under the Lobbying Act or Lobbyists’ Code.
The lobbying laws in provinces, territories and municipalities across Canada all have essentially the same or similar loopholes that allow for unethical lobbying (or that the commissioners in each jurisdiction, as in Ontario, have interpreted in ways that allow for unethical lobbying).
As long as these loopholes are left open, secret, unethical lobbying will continue to corrupt politics and government policy-making and contracting out processes across Canada.
(Democracy Watch: November 2025)
A. Key Changes Needed to Prevent, Prohibit and Penalize Unethical Activities by Senators and their Staff
The key changes needed to make the Ethics and Conflict of Interest Code for Senators (“Senator Code”) effective at preventing, prohibiting and penalizing conflicts of interest and unethical gift- and favour-trading are as follows:
1. Expand the Senator Code to cover Senators as soon as their appointment is decided, and to have key rules cover Senator staff who, because they are not covered by the Code, can do the things that Senators are prohibited from doing on behalf of the Senator who employs them, and can also accept all gifts and favours;
2. Add a new subsection to section 2 of the Senator Code to require Senators and their staff to tell the truth to stop the misleading spin that regularly and fatally undermines reasonable policy debates and discussions;
3. Close the huge loophole in the definition of “private interest” (in subsections 11(1) and (2)) to cover all conflicts of interest, not only specific financial conflicts, because the loophole means the Senator Code doesn’t apply to 99% of decisions Senators participate in, and that allows them to take part in decisions when they and their family or others can profit from the decision (and extend subsection 3(2) and sections 8, 9 and 10 of the Code to ensure Senators and their staff are also prohibited from acting in any way to further the private interests of their extended family and friends);
4. Change in subsection 2(2) of the Senator Code the word “expected” to “required” so that, as with sections 7.1, 7.2 and 7.3, Senators are required to comply with the provisions in subsection 2(2), and add a new rule to prohibit Senators and their staff from giving preferential treatment to anyone, especially anyone who has given them a gift or assisted them in any way;
5. As the Parker Commission recommended back in 1987, prohibit Senators and their staff from having investments in businesses, and from having blind trusts (both of which are allowed under sections 21-26);
6. Delete subsections 5(a) and (b) that allow Senators to have another job or business on the side, and require Senators to work full-time as Senators (other than professional requirements like doctors who have to practise a specific amount each year in order to retain their licence), as is essentially required by subsection 2(1) and the compliance requirements set out in the Guideline on Outside Activities (Section 5 of the Code) – Click here to see the PDF version of the Guideline (especially the example of prohibited and permissible outside activities on pages 8-12);
7. Change the gifts and benefits rule in section 17 of the Senator Code to ban Senators and their staff from accepting anything from anyone who is trying to influence their decisions because even small gifts influence decisions, and delete sections 18 and 19 of the Code so that a Senator or their staff accepting “sponsored travel” is clearly prohibited because it is an unethical gift and essentially a form of legalized bribery;
8. Change clause 28(1)(h) (and 31(1)(d)) of the Senator Code to require Senators and their staff to disclose in the Public Registry their assets and liabilities worth more than $1,000 (the current disclosure requirement is for everything worth more than $10,000, which is much too high), and change clause 28(1)(d) (and clause 31(1)(d)) to require disclosure of all income, and change subsection 28(4) to require confidential disclosure only to the Senate Ethics Officer of all the assets listed in that subsection except government benefits (as MPs are required to disclose to the Ethics Commissioner because monitoring those assets is key to ensuring integrity), and add a new subsection to sections 28 and 31 that requires disclosure of details about their past five year’s work before they became a Senator to make it easy to track which organizations and issues they have ties to, and to disclose in the Public Registry which members of their extended family they have close relationships with including being aware of their business, investments and other private interests;
9. Add a subsection to section 33 of the Senator Code to require the Senate Ethics Officer to determine for each departing Senator and Senate staff person the sliding-scale time period after they leave during which they will be prohibited from communicating with their former colleagues and government officials, with the scale based on what positions and committees they served in and how close their relationships are with Cabinet ministers, officials etc., and require Senators and Senate staff to disclose their post-activities online during this time period in a searchable database;
10. Delete clauses 44(2)(d) and (e) and subsections 49(1) to (3) and (5) and (6) and section 51 and delete references to the Senate Committee in section 52, and change subsection 49(4) to empower and require the Senate Ethics Officer and only the Officer to impose a sliding scale of penalties depending the seriousness of the violation (and add to subsection 49(4) for the most serious violations significant fines and a loss of Senate seat to the list of possible penalties – similar to the provision in subsection 502(3) of the Canada Elections Act (S.C. 2000, c. 9). Senators should not be participating in decisions concerning determining violations or penalizing a Senator because Senators are tainted by partisan bias and other biases. The Senate has empowered the Senate Ethics Officer to investigate and rule on violations, and so the Officer should also be empowered to impose the penalty (but penalties should be mandatory so that the Officer is required to impose a penalty for every violation).
B. Key Changes Needed to Make Enforcement of the Senator Code Independent, Transparent, Timely, Effective and Accountable
The following changes are needed to ensure the enforcement of the Senator Code is independent, transparent, timely, effective and accountable. Click here to see a policy paper (in English only) that sets out details concerning these much-needed changes to the current federal enforcement system (similar changes are needed to every provincial, territorial and municipal ethics law enforcement system across Canada):
1. Establish, by adding new provisions to the Parliament of Canada Act (by completely changing section 20.1), a fully independent, fully non-partisan committee to conduct a public, merit-based search for short list (1-3) qualified candidates for Senate Ethics Officer, and then have that committee make the final choice and submit the choice to a Senate committee for appointment (with no possibility of re-appointment as that gives the enforcer an incentive to please office holders by letting them off when they violate the rules). This should also be the system for the appointment of all Officers of Parliament, the Commissioner and all other top officers of the RCMP, the head of FINTRAC, the new Foreign Interference Transparency Commissioner, and all judges, all of whom need to be fully independent in order to be perceived as being capable of impartially and effectively enforcing the key democratic good government and anti-corruption laws they enforce.
2. Add a new subsection to section 44 of the Senator Code that requires the Senate Ethics Officer to conduct regular, unannounced audits of a randomly selected sample of Senators’ (and their staffs’) financial statements, participation in discussions, decisions and votes, outside activities, gifts and benefits and other matters and activities covered by the Code.
3. Change subsection 42(6) and section 43 of the Senator Code to require the Senate Ethics Officer to publish online binding interpretations of every measure in the COIA with examples of real situations, and to publish online a summary of the Commissioner’s advice each time advice about a new situation is given to any person covered by the Code, so everyone knows exactly what the Code
4. Change subsection 27(8) of the Senator Code to require all Senators and their staff to take a formal training course when they first start their position, and annually.
5. Change section 47 of the Senator Code to give members of the public, who employ and pay all Senators and their staff, the right to file a complaint with the Senate Ethics Officer.
6. Change sections 47 and 48 of the Senator Code to require the Senate Ethics Officer to investigate and issue a public ruling on every complaint the Commissioner receives and every situation the Commissioner becomes aware of that raises any questions about whether a Senator or their staff have complied with the Code, and (as set out above) to impose a sliding scale of penalties depending the seriousness of the violation.
7. Add a new subsection to section 20.6 of the Parliament of Canada Act giving any member of the public a clear right to apply in Federal Court for a judicial review of any decision made by the Senate Ethics Officer under the Senator Code.
C. Many Other Changes Needed to Prevent, Prohibit and Penalize Conflicts of Interest and to Ensure Democratic Good Government
The following changes are needed to other federal laws to prevent, prohibit and penalize conflicts of interest and to ensure democratic good government:
• Closing all the loopholes in the Conflict of Interest Act that allow for secret, unethical activities by Cabinet ministers, their staff, Cabinet appointees and top government officials (Click here to see details);
• Closing all the loopholes in the Conflict of Interest Code for Members of the House of Commons that allow for secret, unethical activities by MPs, and extend key rules in that code to apply to the staff of MPs (Click here to see details);
• Closing all the loopholes that allow for secret, unethical lobbying (Click here to see details);
• Decreasing the donation limit in the Canada Elections Act to $75 (as the current annual individual donation limit of $3,500 (which increases by $50 each year) is essentially legalized bribery for those who can afford to make a top donation) (Click here to see details);
• Closing huge excessive secrecy loopholes in the federal Access to Information Act and strengthening enforcement (Click here to see details);
• Preventing, prohibiting and penalizing foreign interference (Click here to see a policy paper on key needed measures);
• Strengthening the whistleblower protection law (Click here to see details).
(November 2025)
There are several systemic problems with the lack of effective whistleblower protection for both the public sector and the private sector, across Canada, in not only the Public Sector Disclosure Protection Act (PSDPA) but also all other federal, provincial, territorial and municipal laws.
The federal House of Commons Government Operations Committee called in its unanimous June 2017 report for many key changes to change the law and enforcement system to strengthen protection for whistleblowers who report wrongdoing by people in the federal government. However, then-Treasury Board Minister Scott Brison rejected the Committee’s recommendations in an October 2017 letter – committing the government only to reinforcing the internal disclosure process. The Liberals’ Bill C-65 in 2018 did nothing to change the Canada Labour Code’s requirement that federal workplace victims file complaints with their boss, who is often the harasser, and so it left political staff and other whistleblowers essentially unprotected. In February 2021, the House Committee voted to send its June 2017 report back to the House of Commons and requested that the Cabinet respond to it again, but the Cabinet did not respond.
Bill C-86 in 2018 added sections 979.1 to 979.4 to the Bank Act to create a right for bank employees to blow the whistle on wrongdoing, but did not establish an independent enforcement agency or process to protect them. In 2021, an international report ranked Canada tied for last out of 62 countries with whistleblower protections (See pp. 10 and 75 of PDF of report). MPs from opposition parties supported private member Bill C-290 which proposed several key changes to the federal PSDPA, but unfortunately the bill was derailed by the prorogation of Parliament in January 2025 by then-Prime Minister Justin Trudeau
Provincial governments across Canada have failed to protect government and business whistleblowers fully and effectively, although the Ontario Securities Commission took a big step forward in protecting securities law whistleblowers with a new program launched in July 2016 which offers up to $5 million as a reward for whistleblowers whose claims are proven (which led to calls to reward securities law whistleblowers in other provinces and to reward Competition Act whistleblowers).
All of the following 17 changes are needed to strengthen whistleblower protection laws and enforcement systems to ensure everyone who blows the whistle on abuse, waste and law-breaking in government and business is fully and effectively protected:
1. All whistleblowers must be effectively protected from retaliation, including politicians, political staff, government employees, suppliers and contractors, and members of the public, and in business all executives, employees, suppliers, contractors, customers and members of the public;
2. Whistleblowers must be allowed, in all cases, to file their complaint directly with an integrity commissioner or similar enforcement agency;
3. Everyone who witnesses or receives evidence of wrongdoing by anyone in politics, government or business must be required to report it to an integrity commissioner or similar enforcement agency (with the commissioner strictly and strongly required to keep their identity secret, and with everyone allowed to submit evidence anonymously);
4. All whistleblowers must receive funding to pay for full legal advice (or a specialized, fully independent, publicly funded legal clinic should be established to provide this advice for free to all whistleblowers);
5. Any person nominated and chosen to be the integrity commissioner or similar whistleblower protection commissioner must be required to have legal experience and a strong record of enforcing whistleblower protection, ethics rules or similar accountability laws;
6. The process for choosing an integrity commissioner or similar commissioner for the public sector or private sector must be conducted by an independent committee of individuals from outside government and politics whose members have no ties to any political party, with the members chosen by all political parties represented in the legislature, and the committee must conduct a public, merit-based search for candidates, and submit one nominee to an all-party committee for appointment approval;
7. The integrity commissioner or similar commissioner must not be eligible for a renewal of their fixed term in office (to ensure that the commissioner does not act as a lapdog to try to get re-appointed for another term);
8. The integrity commissioner or similar commissioner must be clearly designated as the trainer (including by issuing interpretation bulletins), investigator and enforcer of all government policies and procedures, and must be required to conduct training sessions, conduct regular, unannounced, random audits of compliance and to investigate whistleblower complaints about violations of these policies, and the same powers must be given to an overall enforcement agency to protect business whistleblowers in every jurisdiction;
9. When the integrity commissioner refers a whistleblower complaint about the violation of another law, regulation or policy for which a designated investigative and enforcement agency exists, the commissioner must be required to ensure that the agency investigates the complaint within 90 days, and if an investigation does not begin within this time frame the commissioner must be required and empowered to investigate the complaint;
10. The law must require employers to prove that no retaliation against a whistleblower has taken place (as opposed to requiring the whistleblower to prove that retaliation has occurred);
11. The integrity commissioner or similar commissioner must be given the power to order chief executives/heads of government departments and businesses to take corrective action, and chief executives/heads must be required to report to the commissioner and publicly on corrective actions taken;
12. The integrity commissioner or similar commissioner must be given the power to penalize any chief executive/head with a fine, suspension or firing if the chief executive does not comply with the commissioner’s order, or if anyone retaliates against a whistleblower or does not maintain a system that complies with the law;
13. The minimum fine for retaliating against a whistleblower must be $50,000, with a maximum range of fines from $100,000 to $200,000 for government officials, and 40% of total annual salary for business executives, and loss of any severance payment, and partial clawback of any pension payments;
14. The integrity commissioner or commissioner or other enforcement agency must be required to identity publicly everyone in politics, government or business found guilty of wrongdoing or violation of any law, policy or code;
15. Government whistleblowers whose allegations are proven must receive an immediate payment of at least one year’s salary from the government general revenue fund (and for business whistleblowers a payment of one year’s salary from the business) so that they can, if they want, seek another job if the whistleblowing process has left them completely alienated from all their co-workers (and they should also be given priority in switching jobs in the government or business);
16. Whistleblowers, and members of the public, must be allowed to appeal to court for a review of any ruling by the integrity commissioner or similar commissioner or whistleblower protection enforcement entity, and;
17. At least every 3 years, it must be required that an independent audit of the entire whistleblower protection system be conducted by the Auditor General or other independent body.
(Democracy Watch: November 2025)
Democracy Watch calls on the Government of Canada to enact the following key 18 changes to make the federal Access to Information Act (ATIA) an effective open government law, and to make enforcement of the ATIA effective, and to ensure adequate training and resources to ensure the federal open government system operates effectively.
These 18 key changes are based in part upon annual reports that the federal Information Commissioner has issued over the past several years, each highlighting how loopholes, and abuse of the loopholes, by many federal government institutions undermine the public’s right to know. Those annual reports can be seen at: https://www.oic-ci.gc.ca/en/resources/reports-publications. The 18 key changes are also based on the reports that the former federal Information Commissioner, and the current Information Commissioner, have issued containing more detailed recommendations, especially calling for changes to convert all exclusions in the ATIA into exemptions, and to narrow the scope of all exemptions and limit them with a proof of harm test and a public interest override.[1]
The list of 18 key changes is also based in part upon House of Commons Access to Information, Privacy and Ethics Committee’s June 2016 unanimous report calling for several key changes to close loopholes and strengthen access rights and enforcement of the ATIA. That report can be seen at: https://www.ourcommons.ca/DocumentViewer/en/42-1/ETHI/report-2/.
The list of 18 key changes is also based in part on the Government of Canada’s interim report on its public consultation on the ATIA, which was conducted in spring-summer 2021. The report made it clear that most stakeholders called for 10 changes that are incorporated into the list of 18 key changes set out below. The report can be seen at: https://www.canada.ca/en/treasury-board-secretariat/services/access-information-privacy/reviewing-access-information/the-review-process/ati-review-interim-what-we-heard-report.html.
However, more changes are needed than have been recommended in all of the above reports, especially to ensure the enforcement system is fully independent of the Cabinet, fully resourced, and effective and transparent, and to ensure training of all public and government officials concerning how to create and maintain records to ensure the public’s right to know is always respected and upheld.
A. Key Changes Needed to the Access to Information Act Rules
1. The Access to Information Act (ATIA) should be changed to cover fully all “public institutions” – meaning any entity which forms part of any branch of government, which is established by or under the Constitution or a statute, which or is owned or controlled by another public institution, the core operations of which are substantially financed by another public institution, or which carries out a statutory or public function.
2. The ATIA should be changed to require every public institution to create detailed records of the process and reasons for all decisions and actions taken, including background factual and policy research (duty to document).
3. The ATIA should be changed to require every public institution to routinely disclose records that are likely to be of public interest, including online in a searchable database and in a machine-readable format.
4. The ATIA should be changed to require public institutions to respond to access requests “as soon as possible”. An extension of the 30-day initial time limit for responding should require the permission of the Information Commissioner and be limited to a maximum of an additional 60 days.
5. The exceptions to the right of access in the ATIA should be clearly and narrowly defined and limited to the areas in which secrecy is required in the public interest. In particular:
a) The frequently abused s. 21 (Cabinet advice) of the ATIA should be changed by restricting the exemption in clauses 21(1)(a) and (b) to only the part of any record that contains advice, recommendations or conclusions;
b) Sections 16.1 and 16.3 to 16.5 should be changed to require the Conflict of Interest and Ethics Commissioner, the Chief Electoral Officer, the Public Sector Integrity Commissioner and the heads of government institutions to disclose investigation records after each investigation is completed (as other Officers of Parliament are required to do in ss. 16.1 and 16.2).
6. All exceptions in the ATIA should be strictly limited by a proof of harm test and a public interest override, and this condition should also be imposed on exceptions set out in other laws listed in Schedule II of the ATIA. All exceptions which protect public interests should be subject to sunset clauses of maximum 20 years (and less than that for Cabinet records).
7. The ATIA should be changed to allow anyone who does factual or policy research for the government in an area not covered by an exception to speak to the media and publicly about the topic, findings and conclusions of their research without being required to seek approval first from anyone (including their superior, the Privy Council, the Prime Minister, a Cabinet minister, or any ministerial staff person).
8. The ATIA should be changed to remove the current restrictions on who may make an access request so that everyone, regardless of citizenship or residence, can make a request.
9. The ATIA should be changed to prohibit charging an application fee (the current fee is $5 for filing an access request), and to prohibit charging search fees for records that have not been maintained in a way that facilitates access.
B. Key Changes Needed to the ATIA to Ensure Effective Enforcement
10. The ATIA should be changed to give the Information Commissioner explicit powers to require systemic changes in government institutions to improve compliance with ATIA requirements, including managing records effectively.
11. The ATIA should be changed to establish a sliding scale of mandatory minimum fines and unpaid suspensions penalties for intentionally obstructing access, including by not creating records, not maintaining records properly or delaying responding to a request, with loss of job and pension as the mandatory penalty for the most serious violations.
12. The ATIA should be changed to give the Information Commissioner explicit powers as a tribunal, to require the Commissioner, to penalize violators of the law with, depending on the seriousness of the violation, a sliding scale of administrative monetary penalties (AMPs). The penalties should include, for government officials attempting to escape penalty by resigning or retiring, loss or partial clawback of any severance payment and/or partial clawback of any pension payments.
13. The ATIA should be changed to require the Information Commissioner to issue a public ruling published on a searchable website for every complaint they receive, and every situation they review, and the public must have a clear right in the ATIA to appeal any decision in court.
14. The ATIA should be changed to establish a fully independent, non-partisan appointments commission (with members, appointed by non-governmental organizations like the Canadian Judicial Council, serving fixed terms of office) to conduct a merit-based search for nominees for Information Commissioner, and to nominate a qualified candidate for approval by an all-party committee of the House of Commons.
15. If a fully independent appointments commission is established as recommended above, the commission should also have the power to decide if the Information Commissioner will be reappointed for another term. If the commission is not established, the ATIA should be changed to make the Commissioner ineligible for a renewal of their first fixed term in office (to ensure that they do not make decisions in the last year or so of their term to try to get reappointed for another term).
C. Key Changes to Ensure Adequate Resources for an Effective Open Government System
16. The ATIA should be changed to require Parliament to provide annual funding to the Office of the Information Commissioner based on the budget presented by that Office and an assessment by the Auditor General (or Parliamentary Budget Officer) of the funding needed to ensure effective, timely enforcement of the ATIA, effective training, and effective promotion of the right of access.
17. The ATIA should be changed to require a set amount of regular training by the Office of the Information Commissioner for all federal politicians, staff, appointees and government employees concerning the rules of the ATIA and best-practice information and record management systems.
18. The ATIA should be changed to expand the mandate and budget of Office of the Information Commissioner to include promotion of the right of access and public awareness activities.
[1] Caroline Maynard, “Observations and Recommendations from the Information Commissioner on the Government of Canada’s Review of the Access to Information Regime,” (January 2021) Office of the Information Commissioner of Canada, online: https://www.oic-ci.gc.ca/en/resources/reports-publications/observations-and-recommendations-information-commissioner-review. Suzanne Legault, “Striking the Right Balance for Transparency, Recommendations to modernize the Access to Information Act,” (March 2015) Office of the Information Commissioner of Canada, online: https://www.oic-ci.gc.ca/en/resources/reports-publications/striking-right-balance-transparency.
(Democracy Watch: October 2025)
The federal Conflict of Interest Act (COIA) is a law containing ethics requirements for the most powerful public office holders in the federal government (the Prime Minister, Cabinet ministers, their staff and all top government officials and Cabinet appointees (except ambassadors and federal judges)).
The COIA is a loophole-filled, sad joke that, because of huge loopholes in the law, doesn’t apply to 99% of the decisions and actions of these office holders. It really should be called the “Almost Impossible to be in a Conflict of Interest Act”.
As the loopholes set out below show, the COIA is much weaker than the ethics requirements that apply to the least powerful federal government employees in the Values and Ethics Code for the Public Sector and the Directive on Conflict of Interest, which together require all employees to act with integrity at all times in a manner that will bear the closest public scrutiny, and prohibit them from participating in any decision or action when they have even an appearance of a conflict of interest of any kind.
It is simply perverse that the most powerful politicians and office holders in Canada’s federal government have much weaker ethics requirements and standards than the least powerful public servants.
There is also the Prime Minister’s Code (PM Code) and, among other strong and strict rules, it also requires the Prime Minister and Cabinet ministers to be honest, and act with integrity at all times in a manner that will bear the closest public scrutiny, and it prohibits them from participating in any decision or action when they have even an appearance of a conflict of interest of any kind (these measures essentially define what would be a violation of the COIA measure that prohibits “improperly” furthering one’s own or others’ interests (in ss. 4, 8 and 9).
The Ethics Commissioner has stated several times that the PM and Cabinet ministers are required to comply with this PM Code, but usually the Commissioner has not enforced that requirement. Also, it is unclear if current Prime Minister Mark Carney is going to cancel, weaken or maintain the PM Code. Click here to see details.
The real solution, which any PM would do if they actually wanted Cabinet ministers and top government officials to be required to be ethical, is to add the ethics rules in the PM Code to the COIA so they are clearly required by law and enforceable.
Although the ethics rules for federal government employees are much stronger than for top politicians and government officials, the enforcement systems for the COIA and the rules for federal government employees (as well as for the ethics rules for MPs and senators) are all equally partisan, political, weak, secretive, slow, ineffective overall and largely unaccountable.
As the “dirty dozen” list below details, some of the loopholes have been created through negligently bad enforcement by the federal Ethics Commissioner since 2006, including by current Commissioner Konrad von Finckenstein, who buried eight investigations and created three new loopholes in his first six months as Commissioner.
Click here to see key changes needed to strengthen the enforcement of these and other key federal democracy laws, and click here to call for these key stronger enforcement measures, and click here to support efforts to win these changes. See a summary list of key enforcement changes further below.
The 12 key changes needed to close key loopholes and make the COIA actual effective at preventing conflicts of interest and unethical gift- and favour-trading are as follows (similar changes to close similar loopholes are needed for the MP Code and the Senate Code, and in every provincial, territorial and municipal ethics law across Canada):
1. Add a rule to require all public office holders to tell the truth to stop the misleading spin that regularly and fatally undermines reasonable policy debates and discussions, with high fines for misleaders. Canada needs political leaders, not misleaders.
2. Close the huge loophole in the definition of “private interest” (in ss. 2(1)) to clearly prohibit participating in any decision-making process when in a conflict of interest, not only decisions that are specific.
Currently, the COIA says that an office holder can never be in a conflict of interest when they are making a decision of “general application” or that applies to them as part of a “broad class of persons” or entities. In other words, they can only be in a conflict of interest when they are making a decision that applies specifically to one person, business or organization or a small group of people, businesses or other types of organizations.
This is a huge loophole because 99% of the decisions and actions of office holders apply generally or to a broad class of people or entities. As a result, the COIA currently doesn’t apply to 99% of decisions and actions that office holders participate in, and that allows them to take part in decisions when they, their family or friends can profit from the decision. This loophole is the main reason the COIA should be called the Almost Impossible to be in a Conflict of Interest Act.
Until the “general application” and “broad class” loopholes are removed from the COIA, it will make no difference if the COIA is changed to prohibit office holders from being in an “apparent conflict of interest” as Ethics Commissioner von Finckenstein recommends on p. 8 of his 2024-2025 Annual Report. Prohibiting apparent conflicts is an important change, but the loopholes must be closed to make that rule actually apply.
As well, the Ethics Commissioner recommends on p. 9 of his report that the “broad class” loophole in the COIA be expanded to match the larger loophole in the MP Code. This is a very bad idea – loopholes need to be removed, not expanded.
The enforcement of the COIA by all the Ethics Commissioners since 2006 has been so negligently bad that none of them have even defined what “general application” or “broad class” actually mean, even though they are two of the most important terms that determine what decisions and actions by office holders are covered by the COIA.
The definition of “private interest” in ss. 2(1) of the COIA should be changed to prohibit public office holders from participating in any discussion, decision or vote, even about a matter that applies generally or applies to a broad class of people or entities, if they have even an appearance of a conflict of interest because they, their relatives or friends will benefit from the decision financially in a direct or indirect way (currently, the ethics code that applies to all federal government employees prohibits this).
In addition, the definition of ss. 2(1) of the COIA should be changed to prohibit the Prime Minister, Cabinet ministers and other public office holders from appointing or controlling the appointment process of anyone, especially a relative or friend, to any position that involves investigating, examining or auditing the office holder or any government institution in any way. This change is needed because, even though the Federal Court of Appeal (FCA) found that the PM and Cabinet ministers are biased when appointing watchdogs who watch over their actions, the FCA allowed them to continue to handle the appointments. And it is needed because current Ethics Commissioner von Finckenstein allowed former PM Justin Trudeau to appoint his old family friend David Johnston to investigate foreign interference in Trudeau’s government.
3. Prohibit office holders from having investments in businesses.
The Parker Commission recommended banning investments (pages 343-361 (esp. 360-361)) way back in 1987 because it is the only effective way to actually prevent the conflicts of interest caused by investments. Politicians, public officials, governments and political parties across Canada have all ignored Justice Parker’s recommendations ever since then because they all want to be allowed to secretly profit from their decisions.
Currently, the COIA has a loophole that allows office holders to place investments in a “not blind” trust (see details in #4 below) and another loophole (in s. 20) that allows secret “exempt assets” which include investments in: some mutual funds; RRSPs; RESPs; university, hospital and other public sector debt; annuities and; life insurance policies.
It’s true that some of these investments are not fully “controlled” by the public office holder, but if an office holder invests in a mutual fund (or exchange-traded fund (ETF)) that is focused on a specific industry (for example, the Canadian financial industry) or on big businesses generally in Canada, they know that the fund will own shares in companies in that industry or in those big businesses, and so they have a direct financial conflict but are allowed to keep it secret from the public.
In addition, the COIA has another loophole (in ss. 27(10)) that allows Cabinet staff and top government officials to secretly own so-called “minimal value” investments in businesses they regulate or make decisions about. Truly incredibly, last year Ethics Commissioner Konrad von Finckenstein doubled from $30,000 to $60,000 the allowable value of these investments, and also specifically allowed members of the Canadian Energy Regulator (CER) to invest in exchange-traded funds (ETFs) and mutual funds that own shares in energy companies, because the Commissioner believes that $60,000 of shares is a “minimal” investment (even though $60,000 is almost double what an average Canadian earns each year), and that ETFs and mutual funds do not cause financial conflicts of interest. Click here to read the Commissioner’s bizarre definition of financial conflicts of interest (see #3 re: Doubling the minimum value exemption and #4 re: CER appointees’ investments).
As well, on p. 9 of his 2024-2025 Annual Report, Ethics Commissioner von Finckenstein has recommended the very bad idea of weakening the investment rules in the COIA even more to allow the PM, Cabinet ministers, their staff and top government officials to secretly own ETFs because, again, he believes that ETFs don’t cause a conflict of interest, even though they clearly do if the ETF is focused on a specific industry, or generally on business sectors regulated by the federal government.
Ethics Commissioner von Finckenstein, and some other commentators, claim that it would be too much to require new office holders to sell investments in businesses, as they would have to pay taxes on capital gains from selling their investments. A simple fix for this is to allow them to sell their investments without paying tax on them (or paying a much-reduced tax rate) in return for their public service.
What could the PM, Cabinet ministers, their staff and top government officials do after selling all their investments? They are paid well compared to most Canadians, in the top 1-5% of annual salaries, and they have among the most generous benefits and pension plans of any employees in Canada. So, instead of enriching themselves further through investing in private businesses that cause financial conflicts of interest that taint their decision-making and policy-making, they can buy government bonds or guaranteed investment certificates or other similar financial products that are not connected to any specific business, and that offer a fixed rate of interest for the time period that they remain in office, and then when they leaves office they can again invest in shares and mutual funds and other financial products for investing in businesses.
4. Ban the use of a so-called “blind” trust because they are not blind, and actually require selling investments (which is what “divestment” means).
Putting “controlled asset” investments like stocks, mutual funds in a blind trust is currently allowed under s. 20, clause 27(1)(b) and ss. 27(4) to (7) of the COIA. The 1984 Starr-Sharp Task Force on Conflict of Interest, and the 1987 Parker Commission (pages 343-361 (esp. 360-361)) both recommended against blind trusts because they are a sham façade that hide and do nothing effective to prevent or prohibit financial conflicts of interest. A so-called “blind” trust isn’t blind at all because:
a) the office holder knows what stocks and other investments they put in the trust;
b) they chose their own trustee (ss. 27(4));
c) they are allowed to give the trustee instructions such as don’t sell anything (ss. 27(5)), and;
d) the trustee is allowed to give the office-holder regular updates on the trust (clause 27(4)(g)).
5. Ban the use of so-called “conflict of interest screens” or “ethics screens” because they are smokescreens that hide the fact that office holders participate in almost all decisions that affect their and their family’s and friends’ private interests.
The federal Ethics Commissioner’s website misleads the public and the media because it says that a “conflict of interest screen” includes a statement from the public office holder saying that they agree proactively “to abstain from any discussions, decisions, debate or votes concerning the matter that forms the subject of the conflict of interest.” The technical legal term for this is to “recuse” oneself from a decision-making process, and is called a “recusal”.
In fact, as can be seen in both Prime Minister Mark Carney’s ethics screen statement and Cabinet minister Daniel LeBlanc’s statement (among many other federal screen statements), their screens allow them to participate in discussions, decisions and votes “of general application” or that apply to a “broad class” (group) of people or entities, as long as the private interest affected by the decision is not “dominant” or “disproportionate” in the broad group.
As described above in point #2, this is a huge loophole in every ethics screen (and in all the ethics rules in the COIA) because 99% of decisions made by office holders apply generally or to a broad group. Because of this huge loophole, a so-called “ethics screen”, and the COIA overall, are actually smokescreens because they make it seem like the office holder will not participate in decisions when they have a conflict of interest but, in fact, because of the huge loophole they continue to secretly participate in almost every decision.
Other than the disclosure of the ethics screen statement, the way that the Ethics Commissioner has structured ethics screens means that no disclosure is required when an office holder is actually prevented from participating in a discussion, decision or vote (if this was required, it would show that, because of the loophole described above in #2, office holders are actually allowed to participate in almost every decision even when they have a conflict of interest). The Ethics Commissioner could require office holders to disclose this so that screens would be revealed to be the smokescreens that they actually are, but no Commissioner has shown any interest in making screens transparent.
The first federal Ethics Commissioner Bernard Shapiro invented “ethics screens” in 2004 because a requirement for public disclosure by a public office holder of the details every time office holders recuse themselves didn’t exist in the ethics code at that time. Commissioner Shapiro recommended in several reports that public disclosure of every recusal be required.
When the code was enacted as the COIA in 2006, public disclosure of the details and reasons for every recusal was clearly required, with no exceptions, within 60 days after each recusal (ss. 21, 25(1) and clause 26(2)(b)). However, the second Ethics Commissioner Mary Dawson ignored this requirement and continued using ethics screens to hide the fact that office holders were almost never recusing themselves. Ethics Commissioner Mario Dion, and current Ethics Commissioner von Finckenstein, also continued using ethics smokescreens.
6. Change s. 7 of the COIA to prohibit office holders from giving preferential treatment to anyone, especially anyone who has given them a gift or assisted them in any way (currently s. 7 only prohibits giving preferential treatment to someone or any entity based on the person who represents them/lobbies for them).
This change would not mean that office holders would be prohibited from making a decision that favours one stakeholder over another (as most decisions do in one way or another), it would just mean that they would have to use a decision-making and public consultation process that gives all stakeholders an equal opportunity to communicate and meet with the office holder, and be listened to, before the office holder makes their decision.
7. Change the gifts and benefits rule to ban the PM, Cabinet minister, their staff and top government officials from accepting anything from anyone who is trying to influence their decisions because even small gifts influence decisions.
Currently, the COIA allows gifts from relatives and friends even if the relative or friend is a lobbyist (clause 11(2)(b)).
8. Change sections 20 and 22 and ss. 25(2) of the COIA to require office holders to disclose to the Ethics Commissioner and in the Public Registry their assets and liabilities worth more than $1,000 (the current disclosure requirement is only for liabilities worth more than $10,000, which is much too high), and to disclose details about their past five year’s work before they became an office holder to make it easy to track which organizations and issues they have ties to, and to disclose which members of their extended family (and which friends) they have close relationships with including being aware of their business, investments and other private interests.
9. Extend the cooling-off period in the COIA (ss. 35-42) during which an office holder is prohibited from contacting the government from to 2 to 5 years, and longer if a conflict of interest still exists, with no exceptions.
Currently, s. 35 of the COIA allows public office holders to leave their position and right away work for or lobby for a business, person or organization they have overseen or worked with as long as they didn’t have direct and significant official dealings with the business, person or organization during their last year in public office.
This is a significant loophole. This s. 35 of the COIA, and the other federal ethics codes, should be changed to prohibit the Prime Minister, Cabinet ministers and their senior staff, and top government officials and Cabinet appointees, and all other office holders (including all federal government employees) from going to work for or lobby for any person or entity if it would create even an appearance of a conflict of interest. This will likely result in a sliding-scale “cooling-off” time period of 2 to 5 years after an office holder leaves office depending on what positions and committees they served in and how close their relationships are with Cabinet ministers, officials etc. (it may be longer if an appearance conflict of interest still exists).
In addition, require former office holders to disclose their post-office holder activities online during this “cooling-off” time period in a searchable database to ensure their activities are tracked pro-actively, and require the Ethics Commissioner to do regular, random, unannounced audits of former office holders’ activities to ensure they are following the rules.
10. Clarify the measures in the COIA (ss. 33-34) that prohibit passing on secret information you learned while in public office and taking advantage of your former public office to make it clear that a former public office holder is prohibited from doing any work (including volunteering) or taking any job where they would clearly be in a position to give advice based on secret information they learned while in office.
Currently, former public office holders are prohibited from taking improper advantage of their former office in any way (s. 33), including by giving advice based on secret information they learned while in public office (ss. 34(2)). However, the Ethics Commissioner refuses to enforce these measures effectively by requiring proof that former office holders are actually giving advice using secret information even when, in their new private sector job, there is no way they could advise their employer or client(s) without using secret information they learned while in public office.
For example, former Ethics Commissioner Mario Dion allowed former Canadian Ambassador to China Dominic Barton to move directly into a board position with mining company Rio Tinto, which had operations in China, even though Barton would clearly be advising Rio Tinto as a board member using secret information he learned while he was Canada’s Ambassador. There is no way that Barton, when advising Rio Tinto, could split his mind and “forget” the secret information he learned as Ambassador, so just by taking the position at Rio Tinto he was clearly violating ss. 34(2) of the COIA.
11. Extend the COIA and/or MP Code rules to cover federal political party leadership contestants, and MPs as soon as their election is confirmed by Elections Canada, to prevent unethical decisions and actions even before they are elected as a party leader or MP.
Currently, only a couple of ethics-related rules apply to party leadership contestants and election candidates. Also, because of loopholes in the s. 118 definitions of “office” and “official” in the Criminal Code, and in the Parliament of Canada Act, it is actually legal to bribe a person who has been elected but has not yet taken their oath of office as an MP or Cabinet minister, or a person who is a party leader who has not yet been elected and taken their oath of office as an MP. Until they take their oath of office, they are not an “official” who holds a public “office”. These loopholes in the Criminal Code need to be closed, and either the COIA and MP Code both need to be extended to cover party leadership contestants and election candidates or a new ethics law with specific rules for contestants and candidates needs to be enacted.
12. Establish a sliding scale of mandatory, significant penalties for violating the key ethics rules in the COIA.
There currently are no penalties for violating the key ethics rules in the COIA. The only penalty is a meaningless fine of up to a maximum of only $500 for failing to disclose assets and liabilities accurately and on time (ss. 52-62). To discourage violations, mandatory, significant fines should be established on a sliding scale depending on the seriousness of the violation and the annual income and net worth of the office holder (so better paid, wealthier office holders pay a higher fine to discourage them equally from violating the law, given they have the finances to pay a higher fine). For the most serious violations, the office holder should automatically lose their public office position and be barred from public office for a significant time period.
In every case, if an office holder has profited from violating the COIA or ethics code that applies to them, the mandatory fine must also be greater than the amount of the profit so that violations are actually discouraged and no office holder is ever allowed to profit from their violation. Mandatory fines should also be imposed for every violation even if an office holder resigns or retires, including by clawing back any severance pay or pension payments.
In contrast, Ethics Commissioner von Finckenstein only recommends on pp. 9-10 and 36 of his 2024-2025 Annual Report that the maximum fine be increased to $3,000, which is still a meaningless amount for Cabinet ministers and top government officials who all make more than $200,000 annually.
1. Establish a fully independent, fully non-partisan committee to conduct a public, merit-based search for short list (1-3) qualified candidates for ethics-related enforcement positions, and then have an all-party committee make the final choice (with no possibility of re-appointment as that gives the enforcer an incentive to please office holders by letting them off when they violate the rules).
2. Add new sections to the COIA, MP Code and Senate Code to require the federal Conflict of Interest and Ethics Commissioner, and the Senate Ethics Officer, to regularly conduct an unannounced audit of a randomly selected sample of office holders’ financial statements and activities.
3. Add new sections to the COIA, MP Code and Senate Code to require the Commissioner and Officer to publish online binding interpretations of every measure in the COIA, MP Code and Senate Code with examples of real situations, and to publish online a summary of the Commissioner’s or Officer’s advice each time advice about a new situation is given to any person covered by the COIA or a code, so everyone knows exactly what the law prohibits. Current section 30 of the MP Code should be deleted because it gives MPs the power to approve interpretations of the code and compliance forms, which allows MPs to gut interpretations. The Ethics Commissioner, as enforcer of the MP Code, should be the interpreter of the code (along with the courts when cases are filed for court review of the reasonableness of a Commissioner’s decision).
4. Add new sections to the COIA, MP Code and Senate Code to require all office holders to take a formal training course when they first start their position, and annually. The MP Code currently requires MPs to take training within 120 days of being elected, but not annually.
5. Add new sections to the COIA, MP Code and Senate Code to give members of the public, who employ and pay all office holders, the right to file a complaint with the Ethics Commissioner and Senate Ethics Officer.
6. Add new sections to the COIA, MP Code and Senate Code to require the Commissioner and Officer to investigate and issue a public ruling on every complaint and situation s/he becomes aware of, and to impose a sliding scale of penalties depending the seriousness of the violation.
7. Add new sections to the COIA, MP Code and Senate Code giving any member of the public a clear right to challenge any decision by the Commissioner or Officer in court.
Click here to see key changes needed to strengthen the enforcement of these and other key federal democracy laws, and click here to call for these key stronger enforcement measures, and click here to support efforts to win these changes.
Many Other Changes Needed to Prevent, Prohibit and Penalize Conflicts of Interest and to Ensure Democratic Good Government
The following changes are needed to other federal laws to prevent, prohibit and penalize conflicts of interest and to ensure democratic good government (and similar changes are needed in every province, territory and municipality across Canada):
• Closing all the loopholes in the Conflict of Interest Code for Members of the House of Commons that allow for secret, unethical activities by MPs, and extend key rules in that code to apply to the staff of MPs (Click here to see details (in English only));
• Closing all the loopholes in the Ethics and Conflict of Interest Code for Senators that allow for secret, unethical activities by Senators, and extend key rules in that code to apply to the staff of Senators (Click here to see details (in English only));
• Closing all the loopholes that allow for secret, unethical lobbying (Click here to see details (in English only));
• Decreasing the donation limit in the Canada Elections Act to $75 (as the current annual individual donation limit of $3,500 (which increases by $50 each year) is essentially legalized bribery for those who can afford to make a top donation) (Click here to see details (in English only));
• Closing huge excessive secrecy loopholes in the federal Access to Information Act and strengthening enforcement (Click here to see details (in English only));
• Preventing, prohibiting and penalizing foreign interference (Click here to see a policy paper on key needed measures (in English only));
• Strengthening the whistleblower protection law (Click here to see details).
FOR IMMEDIATE RELEASE:
Monday, May 26, 2025
OTTAWA – Today, Democracy Watch called on federal party leaders to learn the lessons of past controversial rulings by Speakers of the House of Commons by reaching an agreement to have a non-MP chosen as Speaker after an independent committee does a public, merit-based search for a short list of qualified candidates who have expertise in parliamentary rules and procedure.
Like the Officers of Parliament, the Speaker is a key guardian of democracy and must be independent of all parties because s/he makes many key decisions about the actions of MPs and the operations of Parliament and the government. As a result, the Speaker should not be an MP tainted with partisanship.
Democracy Watch proposes that an independent committee whose members are approved by all federal party leaders in the House of Commons be established to conduct a public, merit-based search for a shortlist of three non-MP, fully qualified nominees for Speaker who know parliamentary law and procedure, and then MPs would rank the nominees in a secret ballot as happens now. The Speaker would be the person who receives the most votes from this ranked ballot vote, and would be protected from being removed during the full term of the Parliament until the next election (except for cause such as a violation of any law).
Because the Speaker is an MP from one of the parties, it is easy for leaders of other parties to accuse the Speaker of making partisan rulings whenever the ruling goes against the interests of their party. Also, given party leaders determine whether MPs get to run for re-election, the MP who is Speaker remains under the influence of one party leader. In addition, MPs who become Speaker often also take months or years before they are an effective referee who can maintain decorum in the House and has the knowledge and expertise to make reasonable, rules- and evidence-based rulings.
“Given how important it is for the Speaker of the House of Commons to be independent and impartial, especially in a minority government situation, federal party leaders should establish a new, independent process for choosing a fully qualified Speaker who is not an MP,” said Duff Conacher, Co-founder of Democracy Watch.
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FOR MORE INFORMATION, CONTACT:
Duff Conacher, Co-founder of Democracy Watch
Tel: (613) 241-5179
Cell: 416-546-3443
Email: [email protected]
Democracy Watch’s Stop PM/Premier Abuses Campaign and Stop Muzzling MPs Campaign
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