B-26 BY-LAW 24 – DISCIPLINE - Conflict of Interest

Sponsor: Shannon Bittman, Vice-President | Disposition: Died on the Order Paper

Whereas the legitimacy of the complaint process is predicated on its integrity and fairness; and

Whereas it is critical that the complaint process be fair and impartial, and be perceived to be fair and impartial; and

Whereas it is critical that individuals who are in either a real or perceived conflict of interest, or for which there exists an apprehension of bias should not be involved in any discussions or decisions related thereto; and

Whereas the Institute has not been consistent in its determination of conflict of interest resulting in decisions that may be construed to be arbitrary, or at a minimum, not applying their standards of discipline in a consistent manner thereby exposing the Institute to a risk of liability as our members may file a complaint at the PSLREB;

Therefore be it resolved that By-Law 24.3.1 be adopted as follows:

Note: If this resolution passes, it may require consequential changes to the Institute’s Conflict of Interest Policy and/or the Institute’s Dispute Resolution and Discipline Policy.

By-Law 24.3.1 (New) No member of the Institute may participate in any discussions or decisions that are directly or indirectly related that could result in potential discipline if they are in a real or perceived conflict of interest, or there exists an apprehension of bias. A real or perceived conflict of interest or apprehension of bias shall be deemed to exist where:

a) The individual is a witness to the Investigation, or may reasonably be called as a potential witness;

b) The individual is either a complainant or a respondent;

c) The individual is a representative of either the complainant or the respondent

Resolutions Sub-Committee Comments- The proposed amendment, as worded, suggests an overly broad application of the concept of bias or apprehension of bias, while failing to capture the most unsettling situations where an individual has (or may be perceived to have) a personal interest in the outcome, or where a person is unable to consider the matter with an open mind. For instance, not all potential witnesses are necessarily biased in considering a matter and, conversely, it is possible that individuals other than those falling in the three categories of individuals listed in the proposed amendments may be biased.

The BLPC has been working with the Office of the General Counsel to amend the Conflict of Interest Policy at the request of the Board of Directors.