A conflict of interest is a clash
between the public interest and the private (usually, although not exclusively pecuniary)
interest of a particular individual or individuals.
Each member of the
discipline committee has an obligation to disclose any conflict of interest,
direct or indirect, that could in any way interfere with his or her ability to deliberate
on a disciplinary matter.
Any discipline committee
member that has an interest that is or could be seen by a reasonable third party
as a conflict between the discipline committee
members’ personal, professional or familial interest and the outcome of a disciplinary
matter that is before the disciplinary committee must declare such conflict or potential
conflict to the discipline committee
chair. If the discipline committee
chair is in a conflict of interest it must be declared to the
discipline committee.
Thereafter, the discipline committee
member and/or chair must exclude him or herself from participation in the deliberation
of the disciplinary matter; maintain full confidentiality with respect to any discussion
or deliberation to the point in time that he or she recognized the conflict of interest;
and in no way attempt to influence the outcome of the
discipline committee’s
decision.
In the event that a
discipline committee member or the chair is unsure as to whether a conflict
of interest exists, he or she is required to contact CGA Ontario’s in-house counsel.