The Conflict of Interest and Ethics Commissioner is appointed by the Governor in Council by commission under the Great Seal, after consultation with the leader of every recognized party in the House of Commons and after approval of the appointment by resolution of the House.  He or she holds office for a seven-year term.

Under the Conflict of Interest Act, the Conflict of Interest and Ethics Commissioner must be a former judge of a superior court in Canada or of a provincial court; or a former member of a federal or provincial board, commission or tribunal who has demonstrated expertise in at least one of the following areas:  conflict of interest, financial arrangements, professional regulation and discipline or ethics; or a former Senate Ethics Officer or former Ethics Commissioner.  The position was created in 2007 and replaced the Office of the Ethics Commissioner (Parliament of Canada Act, s. 81).