CONFLICT OF INTEREST POLICY FOR BOARD AND COMMITTEE MEMBERS
- Purpose of this policy
1.1 It is the duty of the College to serve and protect the public, and to exercise its power and discharge its responsibilities under all enactments in the public interest under section 16(1) of the Health Professions Act (“HPA”).
1.2 Public confidence in the ability of the College to fulfill its mandate requires College Board and Committee members to avoid any perceived or actual conflicts of interest in the discharge of their duties and responsibilities under the HPA and College Bylaws.
1.3 This policy is designed to provide guidance to Board and Committee members to ensure that their decisions are properly made on the basis of the public interest and not on the basis of personal and other considerations that are extraneous to the College’s mandate.
2. Definition of “conflict of interest”
2.1 For the purposes of this policy, a Board or Committee member is in a “conflict of interest” when
a. his or her personal interest, or
b. the interest of any person or entity in a relationship of close proximity (including family members, friends, business associates, employers, corporations or partnerships in which he or she has an interest), and/or a person to whom they owe an obligation,
may affect or influence, or reasonably be perceived to affect or influence, any exercise of authority by that Board or Committee member.
Common law definition applies
2.2 A conflict of interest arises when a Board or Committee member has a personal interest on his or her own behalf or on behalf of a person or entity in close proximity in a matter that transcends the interest that s/he has in common with other members of the Board. In assessing whether there is a conflict of interest, the objective test that will be applied is whether a reasonably informed person would conclude that the interest might influence the exercise of the Board or Committee members duties. If so, the Board or Committee member will be disqualified.[1]
Definition includes an apparent or perceived conflict of interest
2.3 A conflict of interest includes an apparent or perceived conflict of interest for the purposes of this policy. An apparent or perceived conflict of interest arises when a reasonably informed person, viewing the matter realistically and practically, would think it more likely than not that the Board or Committee member, consciously or unconsciously, would be influenced in the performance of his or her duties by considerations having to do with his or her private interests or the interests of those in a relationship of close proximity to him or her.[2]
3. Identifying a conflict of interest
3.1 A conflict of interest arises in any situation where personal interests or the interests of those in close proximity may either affect or influence, or may be perceived to affect or influence, a Board or Committee member. For example, a conflict of interest would arise:
3.1.1 If the Board is considering three different proponents for a contract for services, and one of these three proponents is a company that be longs to a family member of a Board member;
3.1.2 If a Committee is considering whether it should recognize a course offered by a training provider as satisfying the training requirements for a certified practice, and the member of the Committee is employed by the training provider offering the course in question, or has already taken the course and stands to benefit from recognition of it;
3.1.3 If a member of the Inquiry Committee is friends or colleagues with a registrant who is subject to a complaint;
3.1.4 If a member of the Registration Committee recognizes an applicant whose application is before that Committee on a fitness to practise issue as a person with whom they worked closely in recent years;
3.1.5 If a Committee is considering whether a modality or service is or should be in the scope of practice for naturopathic physicians, and there is a member of the Committee who already practises or wishes to practise that modality or offer that service;
3.1.6 If a member of the Inquiry Committee recognizes a registrant who is subject to a complaint as a partner in a business in which that Committee member holds a significant interest or otherwise participates in that business; and
3.1.7 If a member of the Board is also a member of an association that seeks to advance a particular agenda in relation to a matter before the Board.
4. Disclosure of conflict of interest
4.1 If a Board member believes that he or she may have a potential or actual conflict of interest, he or she must:
a. immediately recuse himself or herself; or
b. disclose the potential or actual conflict of interest with sufficient information to the Registrar and/or the Board Chair, and seek and follow their direction; and
c. subject to the direction of the Registrar or Chair,
i. refrain from discussing, voting on, or taking any action with respect to any matter in which they may have a potential or actual conflict of interest,
ii. remove himself or herself from the meeting if and when deemed appropriate; and
iii. refrain from attempting to exert any personal influence with respect to the matter being addressed.
4.2 If a Committee member believes that he or she may have a potential or actual conflict of interest, he or she must
a. immediately recuse himself or herself; or
b. disclose the potential or actual conflict of interest with sufficient information to the Registrar and/or the Chair of the Committee, and seek and follow their direction; and
subject to the direction of the Registrar or Chair,
i. refrain from discussing, voting on, or taking any action with respect to any matter in which they may have a potential or actual conflict of interest,
ii. remove himself or herself from the meeting if and when deemed appropriate; and
iii. refrain from attempting to exert any personal influence with respect to the matter being addressed.
4.3 If a Board or Committee member has reason to believe that another Board or Committee member or members may have a potential or actual conflict of interest, s/he must immediately disclose his or her reason for believing that the Board or Committee member(s) may have a potential or actual conflict of interest, and the nature of that potential or actual conflict of interest, to the Registrar, the Chair of the Board, and/or the Committee Chair as applicable, and seek direction.
5. If a Board or Committee member does not follow the direction of the Registrar or Chair
5.1 If the Registrar, Chair, and/or Committee Chair provide direction to a Board or Committee member in relation to a conflict of interest, and the member does not comply with that direction, the matter should be put to the Board and/or Committee, as applicable, as a whole. The Board or Committee must then seek legal advice and determine, by majority vote, whether the member should be disqualified from participating in any discussion, voting, or other activity related to the matter in which the Board or Committee member has the conflict of interest.
[1] See: Old St. Boniface Residents Association Inc. v. City of Winnipeg et al.,[1990]3 S.C.R. 1170 (para.55).
[2] See: Threader v. Canada (Treasury Board),[1987]1 F.C. 41(C.A.) (para. 27).