Conflict of Interest Legal Definition Canada

The lawyer`s duty to defend the client`s case prevents the lawyer from withdrawing from representing a current client, including summarily and unexpectedly, in order to circumvent conflict of interest rules. This obligation is reflected in Article 3.7-1 on the withdrawal of representation. The equivalent importance of obvious, actual and potential conflicts of interest should be taken into account when dealing with situations where it may be difficult to clearly determine between types of conflicts of interest. Court decisions recognize that such a provision is not always easy. In Lalla, for example, the Commission argues that a reasonable person should have no difficulty in concluding that the facts of this case would constitute “a real, potential or at least obvious conflict of interest.” Footnote 75 25 (1) Where a registrant has withdrawn in order to avoid a conflict of interest, the registrant shall, within 60 days after the date on which the refusal occurred, make a public declaration of refusal containing sufficient information to determine the conflict of interest avoided. A conflict of interest does not necessarily presuppose that the actions of the public servant that further one of those interests harm the other or that the public servant will effectively resolve the conflict for his or her personal benefit and not for the benefit of the government. When a man is in a position of conflicting interests, he is tempted but he solves the problem. The regulation of conflicts of interest aims to prevent situations of temptation from occurring. Footnote 44 While working in government in Japan, he promoted his own business interests by discussing a possible partnership with a Japanese company with which he was authorized to conduct official business. When he was dismissed for this and other similar incidents, the employee argued in his defence that he had fulfilled his share of the bargain by completing the confidential statement in his conflict of interest file and that responsibility was then transferred to the employer for further information if the employer so requested. In Lalla, supra, the Commission rejected this argument: the extent to which the external observer should be informed is closely linked to how the conflict of interest is perceived.

An objective test is appropriate so that irrational highs are not captured and those who are responsible for deciding a situation do not have to worry about wild accusations of conflicts of interest. As McKendry noted, an obvious conflict of interest is “not a matter of public suspicion or malicious criticism.” A “reasonable perception” or “reasonable fear”, as established by the Supreme Court in N.E.B. and repeated by Parker, seems to be the appropriate test. `A conflict of interest arises when a personal interest is so closely linked to public or professional obligations that it gives rise to a well-founded fear that the personal interest may influence the performance of professional or public functions. Conflicts of interest may arise for directors if they or their family friends benefit financially from the actions of the board of directors, or if a director serves two or more organizations that may have adverse interests. Since conflicts of interest can be both direct and indirect, directors should be vigilant when considering and identifying potential personal conflicts of interest. 4. The declarant of a public office shall attach to the report a description of all the services to which he, a member of his family or a partnership or private partnership in which he or a member of his family has an interest is entitled within 12 months after the date of his appointment.

following a contract with a public body, and the report shall include a description of the object and nature of the contract. The link between integrity and good governance and the consequent need to adequately manage conflicts of interest, including obvious conflicts, are not specifically Canadian concerns. They are shared by other developed democracies. In its 2003 Guidelines on managing conflicts of interest in the public service, the Organisation for Economic Co-operation and Development (OECD) emphasizes the link between integrity and good governance and the need to manage conflicts of interest appropriately. If the ED`s BSB determines that the information contained in a DBA raises a real, obvious or potential conflict of interest with respect to the official duties of an office worker, the employee may be asked to dispose of his or her assets or to take other steps to resolve the conflict.