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Prime Minister Stephen Harper said Tuesday the power to make cabinet appointments lies with his office and he won't turn relinquish it despite the threat of a pending inquiry by Canada's ethics czar into a former Liberal's move to the Tories' ranks.

The comments came after federal Ethics Commissioner Bernard Shapiro announced he was launching a preliminary inquiry into Mr. Harper and former Liberal cabinet minister David Emerson regarding Mr. Emerson's switch to the Tories just two weeks after the Jan. 23 federal vote.

"The power to make cabinet appointments is a power that resides in the office of the Prime Minister as the highest democratically elected official in the country and this Prime Minister has no intention of acceding that jurisdiction in any way, shape or form to any government official," Mr. Harper told reporters in Ottawa.

Mr. Shapiro said last week he would launch the probe after receiving complaints from Liberal and New Democrat MPs that the Prime Minister may have offered an inducement to cross the floor.

Mr. Harper's spokeswoman, Sandra Buckler, has said the Prime Minister would be "loath to co-operate" with the inquiry.

She also argued that the Ethics Commissioner — who she called a "Liberal appointee" — was applying a double standard because he refused to investigate the land dealings of Liberal minister Tony Valeri during the election campaign because the House was not sitting. She also noted that similar moves by former Conservatives Scott Brison and Belinda Stronach weren't subject to similar probes.

Opposition MPs have suggested that Mr. Harper risks creating a "crisis" unless he agrees to co-operate with the probe.

The spat has also triggered reports that Mr. Harper is on the brink of replacing Mr. Shapiro.

Speaking with reporters on Tuesday, Mr. Harper wouldn't comment on any future plans for the position, but did confirm that he had spoken with former NDP Leader Ed Broadbent about his possible interest in the job.

However, Mr. Harper said that conversation took place a month ago. He also said it was the only discussion he has had on the topic.

"There have been some concerns for some time around that post, and I don't want to get into that today," he said.

According to reports, Mr. Broadbent won't pursue the job.

Mr. Shapiro has come under fire in the past from MPs of all parties for his decisions. Last fall, a Commons committee censured him for making public comments about a continuing inquiry.

Meanwhile, a spokesman for Mr. Shapiro told Canadian Press that the inquiry will go ahead.

Jonathan Choquette says the probe is proceeding into Mr. Harper's controversial appointment of Mr. Emerson to his cabinet two weeks after this winter's election.

Mr. Choquette also noted that Mr. Shapiro answers to the House of Commons, not Mr. Harper, and he will take his direction only from the House.

With Canadian Press