Conflict of Interest
Members of the Board and committees have a duty to act honestly and in good faith in the best interest of CAPL, and to exercise care, diligence and skill in their roles. They may from time to time encounter potentially compromising ethical situations and potential conflicts of interest. As such, they should not only act impartially and honestly, but also be seen to do so and be far beyond the reach of suspicion.
A conflict of interest arises whenever a volunteer’s activities are in opposition to, detract from or in some manner might become detrimental to the purposes of CAPL as described in its articles of incorporation, constitution and bylaws, mission statement, or policies and procedures.
At all times, directors and volunteers shall:
- Give full allegiance to CAPL’s mission.
- Comply with all applicable laws and CAPL governance policies.
- Actively avoid impropriety or dishonesty.
- Disclose any relationships, or formal or informal affiliations with any entity that pertains to CAPL business.
- Disclose any criminal convictions, bankruptcies, restrictions, suspensions, or revocations of licences or hospital privileges.
- Resign where personal opinion or beliefs inconsistent with CAPL’s mission might interfere with duties owed to CAPL.
- Respect confidentiality.
- Familiarize themselves with all aspects of their role by being prepared for and attending meetings and acting on an informed basis.
- Support execution of Board decisions.
The President, Vice-President, Past-President, Secretary and Treasurer are the primary leadership positions within the Academy. From the time of their appointment throughout the duration of their term of office, they should aim to avoid any real or perceived conflicts of interest since they are fiduciaries of the Academy, and as such, owe special duties of care and loyalty to CAPL.
Notwithstanding relationships entered into prior to taking office that cannot be divested, officers should particularly avoid the following activities during their tenure:
- Participation on industry advisory boards.
- Consulting agreements with industry.
- Accepting honoraria for unaccredited industry-sponsored continuing medical education presentations.
- Participation in speakers’ bureaux.
- Acceptance of benefits, including travel and accommodation, gifts or perquisites of more than token value from any person or organization.
Throughout their tenure, officers may not be directly employed by, or owners or partners of, a pharmaceutical company or device manufacturer.
On an annual basis, all CAPL volunteers shall disclose in writing any real or perceived conflicts of interest regarding relationships, positions or circumstances in which they or a family member have been involved in the last 24 months. For the purposes of this policy, someone is considered a “family member” if they are a spouse, child, natural or adoptive parent, grandparent, grandchild, brother or sister (natural, adoptive or by marriage) of a volunteer. The term also includes persons who reside in the same household as a volunteer or share living quarters with a volunteer under circumstances that closely resemble a marital or partner role.
Information disclosed by Board directors and committee chairs shall be reviewed by the President. The President’s information shall be reviewed by the Board of Directors. Committee chairs shall review their respective committee members’ information. For good cause, and with prior notice to the member whose information is at issue, such information may be disclosed to the Board of Directors. Volunteer participation in Academy activities may be limited or prohibited as a result of these disclosures.
Board and committee members shall identify any potential or real conflicts at the start of any Board or committee meeting, and the disclosure and its resolution shall be entered into the minutes for the meeting. Depending on the nature of the conflict, Board or committee members may be asked to recuse themselves from discussion of specific matters, to terminate the actual or potential conflict by any means necessary, or to resign their position. In all cases, the underlying principle is that conflicts will be resolved in favour of CAPL. In cases where a volunteer knowingly fails to disclose a conflict of interest, CAPL reserves all rights it may have at law to have any contract entered into or any action taken set aside, revoked, or rescinded. The volunteer may also be asked to resign.