D?put? de Bonavista?Gander?Grand Falls-Windsor Member of Parliament for Bonavista?Gander-Grand Falls-Windsor HOUSE OF COMMONS Scott Simms, M.P. December 15, 2014 Mary Dawson Conflict of Interest and Ethics Commissioner Parliament of Canada 66 Slater Street, 22nd Floor Ottawa, Ontario K1A 0A6 Dear Commissioner, lam writing to you following public reports that two Members of Parliament, Rob Clarke and Rod Bruinooge, have a financial interest in a Canadian corporation that benefits directly from recent legislative changes upon which these Members voted. I am deeply concerned that this constitutes a violation of both the Conflict of interest Act and Conflict of interest Code for Members of the House of Commons. In brief, Messrs. Clarke and Bruinooge have interests in 6317414 Manitoba Ltd. They have disclosed those interests in their respective statements filed with your office. In these disclosures, the company is described as a "game platform company? and a ?multi-player gaming company.? This corporation is the creator of ProxiVote, a piece of software designed to aide candidates for political office in getting out the vote during an election campaign. Mr. Bruinooge?s wife, Chantale Bruinooge, is publicly identified as the CEO of ProxiVote, and her interest in this company is also detailed in Mr. Bruinooge?s disclosure. The basic purpose of ProxiVote is to help campaigns keep track of who has voted on Election Day. While this is standard practice for nearly all candidates, the software produced by ProxiVote would expedite this process by allowing data entry directly in the polling station. The Elections Act had previously banned the use of electronic devices in polling stations. Bill 023, which became law in June of 2014, removed the prohibition on electronic devices in polling locations. This change has had a direct, positive effect on the value of ProxiVote?s software. The Conflict of Interest Code for Members of the House of Commons defines ?furthering private interests" as: (2) Subject to subsection (3), a Member is considered to further a person?s private interests, including his or her own private interests, when the Member?s actions result, directly or indirectly, in any of the following an increase in, or the preservation of, the value of the person?s assets; an increase in the person?s income from a source referred to in subsection 21(2); Gama (jaunt Gander 672 Conl?ederalion Building IA Pinsent Drive Polaris Building House ot?Commons Grand Falls-Windsor, NL AEA 288 6 Elizabeth Drive Ottawa, ON KIA 0A6 Tel: 1?709-489-8470 Gander. NL 164 Tel: i-613-996-3935 Toll Free: 1-866-663-2626 Fax: l?6l3?996?7622 Fax: 1-709-489?8478 Toll Free: l-866-663-2626 Fax: 1-709-256?3 169 The Code also further explains: [t]he following are the members of a Member?s family for the purposes of this Code: the Member?s spouse or common?law partner,? The Code is very clear. Under section 8, a Member is prevented from taking any action as a Member of Parliament that would ?further his or her private interests or those of a member of the Member?s family.? Section 13 of the Code further clarifies this obligation: ?13. A Member shall not participate in debate on or vote on a question in which he or she has a private interest." Messrs. Bruinooge and Clarke both voted on Bill C-23 a number of times. House of Commons records show that they both voted on the Bill: 0 At Second Reading; a Time Allocation at Report Stage and Third Reading; 0 Numerous Report Stage amendments in the House; 0 Concurrence at Report Stage; 0 Reasoned amendment at Third Reading; and a At Third Reading. Moreover, Mr. Bruinooge also voted on Time Allocation at Second Reading. In previous cases of a potential conflict of interest, some Members have relied on a defence under section 3, subsection and of the Code, regarding general application or an action affecting a broad class of people. To that, i say the following: as an experienced politician I can attest that the market for campaign software does not have many providers, and fewer yet who would provide the specific service that ProxiVote provides. Effectively, the class of people this affects are those seeking federal office and those who provide software to them. I do not believe this class is broad enough or general enough to warrant an exemption under either sections 3(a) or 3(b) of the Code. To that end, I think it is clear that both Mr. Bruinooge and Mr. Clark exercised their duties in direct violation of the Con?ict of interest Code. They voted numerous times to support legislation that would make ProxiVote a more enticing product for political campaigns. As a result of these actions I am requesting that you begin an inquiry under section 27 of the Code. I thank you for your attention to this matter and I look forward to your prompt reply. Yours sincerely, SCOTT SIMMS, MP Bonavista?Gander?Grand Falls?Windsor