The bill creating positions for two new ethics watchdogs to keep tabs on Canadian members of parliament and senators finally received Royal Assent on March 31, 2004.
The bill was originally part of Prime Minister Jean Chretien's Action Plan on Ethics in Government released in the summer of 2002 in the wake of scandals over government contracts. The bill was reintroduced when Paul Martin took over as Prime Minister, but was stalled by senators who wanted to appoint their own ethics officer, rather than have one appointed by the Prime Minister. An informal compromise was reached, and the Senate agreed to submitting a list of potential candidates from which the Prime Minister will choose.
The bill establishes two separate ethics positions - one for the House of Commons and one for the Senate.
Ethics Commissioner for House of Commons
The Ethics Commissioner administers a conflict of interest code for the House of Commons and helps the Prime Minister administer the existing conflict of interest codes for cabinet ministers. Members of Parliament may request that the Ethics Commissioner examine the actions of a cabinet minister, minister of state or parliamentary secretary.
The appointment of the Ethics Commissioner is
- for a five-year renewable term
- made on the recommendation of the Prime Minister after consultation with leaders of parties in the House of Commons and after a resolution of the House of Commons
The Ethics Commissioner can only be removed for cause, which would require an explanation and a resolution of the House of Commons.
The Ethics Commissioner must table an annual report in the House of Commons, as well as an annual report on the Prime Minister's conflict of interest codes.
Bernard Shapiro, a distinguished academic and Ontario public servant, was appointed the first Ethics Commissioner in May 2004.
Senate Ethics Officer
The Senate Ethics Officer administers a code of conduct for the Senate.
The appointment of the Senate Ethics Officer is
- for a seven-year renewable term
- made by the Prime Minister after consultation with leaders of parties in the Senate and after a resolution of the Senate
The removal of the Senate Ethics Officer can only be for cause and requires a resolution of the Senate.
The Senate Ethics Officer must table an annual report in the Senate.
