Director Conflict of Interest

Policy

Category: Board of Health
Subject: Director Conflict of Interest
Division: N/A
Policy Number: CA.45.01.506
Effective Date: October 5, 2016

POLICY STATEMENT

The Wellington-Dufferin-Guelph Public Health (WDGPH) is governed by the Board of Health (BOH) which is subject to the Municipal Conflict of Interest Act (Act), the BOH By-laws, and BOH policies and procedures.

DEFINITIONS

The Act employs the following terms, which are adopted and form part of this policy:

Pecuniary – meaning relating to money.

Direct Interest – meaning arising from an identifiable and measurable personal pecuniary gain;

Indirect Interest – meaning arising from the Director being:

  1. a shareholder, director or senior officer of a privately held corporation;
  2. a director or senior officer, or having a controlling interest in, a publicly traded corporation;
  3. a member of a body which has a pecuniary interest in the matter; or
  4. in the employment of a person or body that has a pecuniary interest in the matter, or the partner of such a person.

Deemed Interest – meaning that where the parent, step-parent, grandparent, spouse, common-law partner, child, step-child, grandchild or sibling of the Director has a direct or indirect pecuniary interest in a matter before the BOH, and the Director is aware of the interest, the family member’s interest shall be deemed to be the interest of the Director.

Matter which is the Subject of Consideration – include agenda items for discussion, information or decision.

Conflict of Interest

A Director who has a direct, indirect or deemed conflict of interest in a matter which is the subject of consideration by the BOH must comply with the requirements of the BOH Conflict of Interest Procedure. 

When is an Interest not a Conflict

  1. A Director’s interest does not constitute a conflict with the interests of the WDGPH if:
  2. the Director’s interest is common to the general population;
  3. the Director’s interest is so insignificant or remote in nature that it could not reasonably be regarded as likely to influence the Director in the exercise of their responsibilities;
  4. the Director is merely perceived to have a conflict of interest; or
  5. the Director merely holds opinions, values or is perceived to have a personal bias which may influence their decision-making.

REFERENCES AND RELATED FORMS, POLICIES AND PROCEDURES

Corresponding Procedure:  CA.45.02.506 Conflict of Interest
Code of Ethics and Conduct
By-Law #1  
Municipal Conflict of Interest Act, R.S.O. c. M.50

CONTACT FOR INQUIRIES

Chair of the Board of Health

APPROVED BY

Chair of the Board of Health


Procedure

Category: Board of Health
Subject: Director Conflict of Interest
Division: N/A
Procedure Number: CA.45.02.506
Effective Date: October 5, 2016

PROCEDURE

Response to a Conflict of Interest                                                                                  

(Removal of distinction between public and private session)

The Board of Health (BOH) for Wellington-Dufferin-Guelph Public Health (WDGPH) is subject to the Municipal Conflict of Interest Act (the Act), the BOH By-laws, and the BOH Conflict of Interest Policy, which provide that where a Director has a direct, indirect or deemed pecuniary interest in a matter which is the subject of consideration by the BOH, he or she must comply with the following procedure:

a)disclose that he or she has an interest, prior to the matter being discussed;
b)not take part in the discussion or the vote on the matter;
c)not attempt to influence the vote in any manner; and
d)leave the meeting while the matter in question is being discussed.

Where a matter is discussed at a meeting at which a Director who has a conflict is not present, that Director will follow steps (a) to (d) above at the next meeting he or she attends at which the matter is the subject of consideration.

Duty to Self-Govern

The Act holds a Director to the standard of an independent and trusted decision-maker, and assumes that a Director will exercise his or her authority in a manner which is largely self-governing.  A Director may therefore only declare that his or her own interest is in conflict with the interests of the WDGPH.

A Director who questions whether a fellow BOH member has a conflict of interest may raise the matter respectfully and informally with the potentially conflicted Director, but may not declare a conflict on behalf of that Director, or request that the Director be denied the opportunity to participate in discussion or cast a vote.   

 

REFERENCES AND RELATED FORMS, POLICIES AND PROCEDURES

Corresponding Policy:  CA.45.01.506 Director Conflict of Interest
By-Law #1  
Code of Ethics and Conduct Policy
Municipal Conflict of Interest Act, R.S.O. c. M.50

CONTACT FOR INQUIRIES

Chair of the Board of Health

APPROVED BY

Chair of the Board of Health