Affiliate Conflict of Interest and Disclosure
Policy No.: FIN-007-C
Category: Financial Management
Owner: Vice-President, Corporate Services
Effective Date: 1 May 2022
Approved By: President & CEO
Next Review: October 2023
To ensure Healthcare Excellence Canada (HEC) fulfils its mission with integrity and to a high ethical standard, including through the avoidance of conflicts of interest, and the reporting of conflicts of interest when they cannot be avoided.
To guide HEC Agents (as defined below) and Service Providers (as defined below (collectively, “affiliates”) with a real, potential, or perceived conflict of interest on how to identify and disclose their conflict and the process for dealing with conflict situations.
HEC expects its affiliates to conduct themselves in accordance with the highest standards of integrity, and to avoid situations in which their interests are, or are perceived to be, in conflict with the interests of HEC. Where conflicts cannot be avoided, they must be promptly disclosed in accordance with this policy.
The term “conflict of interest” refers to situations where financial, professional, or other personal considerations may compromise, or have the appearance of compromising, either the affiliate’s judgement or that of another individual associated with HEC, in the performance of their duties; or could reasonably be seen as influencing the affiliate’s or other individual’s duty to act in the best interests of HEC.
HEC affiliates shall identify and disclose any real or perceived conflicts in writing (Appendix B) at the beginning of the relationship as set out in in the procedures (Appendix A). Affiliates must also annually and continuously review any real or perceived conflicts regardless of whether of not they derive a financial benefit from the activity of interest (Appendix C). Affiliates are required to make the necessary disclosures as a condition of engagement with HEC.
Situations where a conflict of interest might arise cannot be set out exhaustively but generally could arise in the following circumstances:
- When an affiliate’s activities may be perceived to conflict with those of HEC, regardless of whether they derive a financial benefit from the activity or interest.
- When an affiliate’s relative has an actual or potential financial interest or commercial interests that would affect their ability to meet their obligations to HEC.
- When an affiliate is involved with or has the potential to be involved in/with a business that is in direct competition or has contrary goals to HEC.
- When an affiliate uses for personal or commercial gain/benefit, information or opportunities received through working with HEC.
- When an affiliate’s relationship with a staff and/or board member is likely to provide personal benefit to the staff/board member outside their position as a staff/board member.
- When an affiliate is working alongside, supervising or is a subordinate to a spouse or relative of a staff or Board member of HEC.
- When an affiliate accepts gifts, payments, services, or anything else of more than token or nominal value from a party that hopes to transact business with HEC (including a supplier of goods and services) for the purposes or perceived purpose of influencing an act or decision.
HEC, in its reasonable discretion, will evaluate all disclosed conflicts and determine whether a conflict poses an unacceptable risk to the interests of HEC and is thus inconsistent with the individual or organization’s obligations to HEC. There will be no appeal from HEC’s evaluation and determination of an unacceptable risk. The significance of a conflict hinges on the affiliate’s role at HEC and the nature of the activity or interest. These will be evaluated on a case-by-case basis, highlighting the need for regular disclosure.
The principles set out in this policy are to be regarded as illustrative. Affiliates are required to meet both the letter and spirit of this policy.
“Agent” means generally, although not limited to, a service provider, a member of a HEC merit review or selection panel, and any other peer/merit reviewer engaged by the Corporation, a volunteer, an external member of a Board committee, and a member of any other body that may be established by the HEC from time to time.
“Service Provider” means generally, although is not limited to, any Person that has entered into an agreement with and has been engaged by HEC to provide services to the organization.
Appendix B – Affiliate Conflict of Interest Disclosure Form
Appendix C – Annual Affiliate Conflict of Interest Disclosure Form and Attestation
Code of Conduct