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2nd Session, 41st Legislature

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Bill 212

THE CONFLICT OF INTEREST ACT


Table of Contents Bilingual version (PDF) Explanatory Note

(Assented to                                         )

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

Definitions

1(1)        The following definitions apply in this Act.

"associate" means, with respect to a member,

(a) a corporation having share capital and carrying on business or activities for profit or gain, where the member is a director or senior officer of the corporation;

(b) a private corporation carrying on business or activities for profit or gain, where the member owns or is the beneficial owner of shares of the corporation;

(c) a partnership having not more than 20 persons

(i) of which the member is a partner, or

(ii) of which one of the partners is a corporation directly associated with the member by reason of clause (a) or (b); or

(d) a person or group of persons acting as the agent of the member and having actual authority in that capacity from the member. (« associé »)

"business" means a corporation, proprietorship, partnership or other association of persons. (« entreprise »)

"commissioner" means the Conflict of Interest Commissioner appointed under section 17 and includes an acting commissioner appointed under section 18, 19 or 20. (« commissaire »)

"Crown" means Her Majesty the Queen in right of Manitoba and includes departments, secretariats and offices of the Government of Manitoba and Crown corporations, including corporations in which the Government of Manitoba owns a majority of shares. (« Couronne »)

"family", with respect to a member, means the member's spouse and dependent children. (« famille »)

"member" means

(a) a member of the Assembly; or

(b) a member of the Executive Council or Treasury Board. (« député »)

"private interest" does not include an interest in a decision

(a) that is of general public application;

(b) that affects a person as one of a broad class of persons; or

(c) that concerns the remuneration and benefits of a member or an officer or employee of the Assembly. (« intérêt personnel »)

"Speaker" means the Speaker of the Assembly.

"spouse" means a person who is the member's spouse within the meaning of The Family Maintenance Act, but does not include a person to whom the member is married if the member and that person are living separate and apart. (« conjoint »)

Interpretation: determining time as a member

1(2)        For the purposes of this Act, where a person who ceases to be a member of the Assembly by reason of the dissolution of the Assembly again becomes a member as a result of the next following election, that person is deemed to have been a member of the Assembly during the period of time the person ceased to be a member to the time the person again became a member.

CONDUCT OF MEMBERS

Conflict of interest

2           For the purposes of this Act, a member has a conflict of interest when the member makes a decision or participates in making a decision in the execution of his or her office and at the same time knows that in the making of the decision there is the opportunity to further his or her private interest, his or her family's private interest or the private interest of an associate.

Inside information

3           A member shall not use information that is gained in the execution of his or her office and is not available to the general public to further or to seek to further the member's private interest, his or her family's private interest or the private interest of an associate.

Influence

4           A member shall not use his or her office to seek to influence a decision made by another person to further the member's private interest, his or her family's private interest or the private interest of an associate.

Activities on behalf of public

5           This Act does not prohibit the activities in which members normally engage on behalf of members of the public.

Accepting extra benefits

6(1)        Neither a member nor any of the member's family shall accept a fee, gift or personal benefit, except compensation authorized by law, that is connected directly or indirectly with the performance of the member's duties of office.

Exception: gifts

6(2)        Subsection (1) does not apply to a gift or personal benefit that is received as an incident of the protocol or social obligations that normally accompany the responsibilities of office.

Disclosure statement for gifts

6(3)        Where a gift or personal benefit referred to in subsection (2) is greater than $200 in value, or where the total value received directly or indirectly from one source in any 12-month period is greater than $200, the member shall immediately file with the commissioner a disclosure statement.

Content of disclosure statement for gifts

6(4)        The disclosure statement required under subsection (3) shall

(a) be in the form prescribed by the regulations; and

(b) indicate the nature of the gift or benefit, its source and the circumstances under which it was given and accepted.

Definitions

7(1)        The following definitions apply in this section and in section 33.

"associate", with respect to a former member, means

(a) a partner of the former member; or

(b) a corporation, if the former member is an officer or director of the corporation or a shareholder holding 10% or more of voting shares having the right to elect the board of directors of the corporation. (« associé »)

"government decision-maker" means

(a) the Executive Council;

(b) a member of the Executive Council;

(c) Treasury Board;

(d) a member of Treasury Board; or

(e) an employee of

(i) a department, secretariat or office of the Government of Manitoba,

(ii) a Crown corporation, or

(iii) a corporation in which the Government of Manitoba owns a majority of shares. (« décideur public »)

Limitation on contracts or benefits for former member of Executive Council or Treasury Board

7(2)        No government decision-maker shall knowingly

(a) award a contract to, approve a contract with, or grant a benefit to a former member of the Executive Council or Treasury Board until 12 months have passed after the date the former member ceased to hold office;

(b) award a contract to, approve a contract with, or grant a benefit to a former member of the Executive Council or Treasury Board who has, during the 12 months after the date the former member ceased to hold office, made representations to the government decision-maker with respect to the contract or benefit;

(c) award a contract to, approve a contract with, or grant a benefit to a person on whose behalf a former member of the Executive Council or Treasury Board has, during the 12 months after the date the former member ceased to hold office, made representations to the government decision-maker with respect to the contract or benefit; or

(d) award a contract to, approve a contract with, or grant a benefit to an associate of a former member of the Executive Council or Treasury Board until 12 months have passed after the date the former member ceased to hold office.

Exception for employment contracts

7(3)        Subsection (2) does not apply to contracts of employment with respect to further duties in the service of the Crown.

Exception

7(4)        Subsection (2) does not apply if the conditions on which a contract or benefit is awarded, approved or granted are the same for all persons similarly entitled.

Exemption

7(5)        Subsection (2) does not apply to a contract or benefit if the commissioner has granted an exemption under subsection 33(5) with respect to that contract or benefit or class of contracts or benefits.

Carrying on business

8(1)        If, in the opinion of the commissioner, a conflict with official duties and responsibilities is likely to result or to be seen to result, a member of the Executive Council or Treasury Board shall not

(a) engage in any trade, occupation or employment or in the practice of any profession;

(b) manage or operate a business; or

(c) hold an office or directorship in any corporation, organization or association.

Deadline for disclosure

8(2)        A person who becomes a member of the Executive Council or Treasury Board shall fully disclose his or her affairs to the commissioner within 90 days following his or her appointment.

Transitional

8(3)        Persons who are members of the Executive Council or Treasury Board when this section comes into force shall fully disclose their affairs to the commissioner within 90 days of the coming into force of this section.

Extension

8(4)        The commissioner may extend the period referred to in subsection (2) or (3) by giving the member written notice to that effect, and may impose any terms and conditions on the extension that the commissioner considers just.

Filing of notice

8(5)        The commissioner shall file with the Clerk of the Assembly a copy of any notice given and any terms and conditions imposed under subsection (4), and the Clerk shall make the copy of the notice and the terms and conditions available for public inspection at the office of the Clerk during normal business hours of the Clerk.

Application for advice

8(6)        A member of the Executive Council or Treasury Board may apply to the commissioner for advice respecting compliance with this section.

Advice from commissioner

8(7)        On receipt of an application under subsection (6), the commissioner

(a) shall advise the member respecting compliance with this section; and

(b) may issue directions to the member respecting compliance with this section.

Trustee requirements

8(8)        If a member of the Executive Council or Treasury Board complies with subsection (1) by entrusting his or her business to one or more trustees,

(a) the provisions of the trust shall be approved by the commissioner;

(b) the trustees shall be persons who are at arm's length with the member and are approved by the commissioner;

(c) the trustees shall not consult with the member with respect to managing the trust property; and

(d) the trustees shall report all material changes in assets, liabilities and financial interests contained in the trust to the member and the commissioner, in writing, immediately after the changes have occurred.

Exception

8(9)        For the purpose of this section, the management of routine personal financial interests does not constitute the management or operation of a business.

Procedure on conflict of interest

9(1)        A member who has reasonable grounds to believe that he or she has a conflict of interest in a matter that is before the Assembly, Executive Council or Treasury Board, or a committee of either of them, shall, if present at a meeting considering the matter,

(a) disclose the general nature of the conflict of interest; and

(b) withdraw from the meeting without voting or participating in consideration of the matter.

Duty to report conflict

9(2)        A member of the Executive Council or Treasury Board, or a legislative assistant appointed under The Executive Government Organization Act, who has reason to believe that he or she has a conflict of interest with respect to a matter that requires his or her decision, shall report that possible conflict to the President of the Executive Council.

Appointing substitute

9(3)        On receipt of a report under subsection (2),

(a) the President of the Executive Council shall appoint another member of the Executive Council or Treasury Board to perform the member's or the legislative assistant's duties with respect to the matter; and

(b) the other member of the Executive Council or Treasury Board appointed under clause (a) may act in the matter for the period of time necessary for the purpose.

DISCLOSURE

Disclosure statement

10(1)       Every member shall file with the commissioner a disclosure statement in the form prescribed by the regulations.

Timing

10(2)       The disclosure statement referred to in subsection (1) shall be filed

(a) in the case of a member who is in office when this section comes into force, within 90 days of this section coming into force; or

(b) in the case of a member who is elected, within 90 days of being elected.

Annual statement

10(3)       After filing a disclosure statement in accordance with subsection (2), the member shall file a disclosure statement annually, but not later than March 31 in each year.

Contents

10(4)       The disclosure statement referred to in subsection (1) shall contain

(a) a statement of the assets, liabilities and financial interests of the member, of the member's family and of any private companies that are controlled by all or any of them;

(b) a statement of the income of the member, of the member's family and of any private companies that are controlled by all or any of them and the sources of that income;

(c) a statement of any directorships or offices held by the member or any of the member's family in the 12 months preceding the date of the statement;

(d) a statement of any business managed or operated by the member or any of the member's family in the 12 months preceding the date of the statement;

(e) a statement of any government contract, as defined in section 14, in which the member or any of the member's family is participating; and

(f) any other information that is directed by the commissioner.

Duty to consult with commissioner

10(5)       After filing a disclosure statement under this section, the member, and the member's spouse if available, shall consult with the commissioner

(a) to ensure that adequate disclosure has been made; or

(b) to obtain advice and direction on the member's obligations under this Act.

Statement where no material changes

10(6)       Notwithstanding subsections (1) to (5), if a member has previously filed a disclosure statement under subsection (1) and the commissioner is satisfied that there has been no or only minimal material change to the content of the member's disclosure statement, the commissioner may authorize the member to submit a declaration in the prescribed form that

(a) declares that no material change has occurred since the last disclosure statement was filed under this section; or

(b) details the material changes since the last disclosure statement was filed under this section.

Public disclosure statement

11(1)       After consulting with the member and the member's spouse if available, the commissioner shall

(a) review the disclosure statement filed under section 10; and

(b) if the commissioner is satisfied that the disclosure statement complies with this Act and the regulations, prepare and file with the Clerk of the Assembly the public disclosure statement.

Filing

11(2)       The commissioner shall file with the Clerk of the Assembly the public disclosure statement as soon as is practicable, but not later than the June 30 following the filing of the member's disclosure statement under section 10.

Public availability

11(3)       The Clerk of the Assembly shall make each public disclosure statement filed under subsection (2) available for public inspection during the normal business hours of the office of the Clerk of the Assembly.

Contents of public disclosure statement

12(1)       Subject to the regulations, a public disclosure statement required under section 11 shall include

(a) the name and the address of the registered office of each corporation in which the member, any of the member's family or a trustee of the member holds any shares, share warrants or share purchase options;

(b) the name and the address of each business from which the member or any of the member's family receives remuneration for services as an employee, officer, director, trustee, partner or owner;

(c) the names and addresses of all sole proprietorships or partnerships in which the member or any of the member's family has an interest;

(d) the name and the address of each corporation, organization or association of which the member or any of the member's family is an officer or director;

(e) the name and the address of each organization or association in which the member holds a membership;

(f) the identity of bonds and debentures with a value greater than $2,000 held by the member or any of the member's family, other than Treasury Bills or bonds issued by the Government of Canada, the government of any province or territory of Canada or any municipal government in Canada;

(g) the identity of investment funds, mutual funds, investment trusts or similar securities of which the member or any of the member's family hold more than $2,000, other than

(i) registered retirement savings plans, other than self-directed plans,

(ii) registered home ownership savings plans,

(iii) registered education savings plans,

(iv) accounts and term deposits held in banks listed in Schedule I or II to the Bank Act (Canada) or in any other financial institutions in Manitoba that are lawfully entitled to accept deposits,

(v) pension plans, or

(vi) insurance policies;

(h) the municipal address or legal description of any real property, in Canada that the member or any of the member's family has any interest in or title or right to;

(i) the identity of and the extent of the member's or any of the member's family's participation in any government contract as defined in section 14;

(j) the identity and the extent of any gift or benefit received by the member or by any of the member's family and referred to in a disclosure statement filed under subsection 6(3);

(k) the identity of any grant or subsidy from the Crown that was received by the member, any of the member's family or any business referred to in clause (b), other than a grant or subsidy that is paid

(i) under a government contract, or

(ii) under an Act or regulation where the awarding of the grant or subsidy is not subject to the discretion of any individual and the standard terms and conditions of eligibility are objective in nature and are prescribed in an Act or regulation; and

(l) any other information that may be directed by the commissioner.

No disclosure of values

12(2)       Subject to subsection (3), the value or amount of any items required to be in a public disclosure statement shall not be disclosed.

When values may be disclosed

12(3)       The commissioner shall include the value or amount of an item required to be in a public disclosure statement if, in the opinion of the commissioner, knowledge of the value or amount is necessary to protect the public interest.

No disclosure of source of income for spouse or child

12(4)       Notwithstanding subsection (1), the commissioner may exclude from a public disclosure statement a source of income received by the member's spouse or child if, in the opinion of the commissioner, the possibility of harm to the business of the member's spouse or child justifies the departure from the general principle of public disclosure.

No disclosure of name of corporation or others

12(5)       Notwithstanding subsection (1), the commissioner may exclude from a public disclosure statement the name and address of a corporation, organization or association of which any of a member's family is an officer or director if, in the opinion of the commissioner, the exclusion is a justifiable departure from the general principle of public disclosure.

Declaration

12(6)       If the commissioner authorizes a member to submit a declaration under subsection 10(6),

(a) the commissioner may use the declaration in preparing a public disclosure statement for the member; and

(b) subsections (1) to (5) apply, with any necessary modification, to the declaration and the commissioner's dealings with the declaration.

Certain information confidential

13(1)       Subject to subsections (2) and (3), any information included in a member's disclosure statement filed under section 10 and not included in the member's public disclosure statement prepared under section 11 is confidential and shall not be disclosed to any person other than the member to whom the information relates or the commissioner.

When disclosure permitted

13(2)       Notwithstanding subsection (1), the commissioner may disclose, in an opinion prepared under this Act, any information that the commissioner considers necessary to disclose in order to establish grounds for the findings and recommendations in the opinion.

Exception re offences

13(3)       Notwithstanding subsection (1), the commissioner may disclose to the Attorney General for Manitoba or the Attorney General for Canada information that relates to the commission of an offence against

(a) an Act or regulation; or

(b) an Act of the Parliament of Canada or a regulation made under an Act of the Parliament of Canada.

GOVERNMENT CONTRACTS

Prohibition of participation in government contracts

14(1)       In this section and in sections 15 and 16, "government contract" means a contract entered into with the Crown for any purpose, and includes any contract for

(a) the supply to or by the Crown of any goods or services;

(b) the sale, lease or other disposition of any real property to or by the Crown;

(c) the construction of any public work for the Crown;

(d) the determination of compensation or damages with respect to real property taken, damaged or purchased by the Crown;

(e) the determination of compensation or damages to be paid by the Crown in cases not provided for in clause (d); or

(f) the lending of moneys to or by the Crown.

Participation in contracts

14(2)       In this section and in sections 15 and 16, a member participates in a government contract where the member

(a) is, or has a right to become, in the member's personal capacity, a party to or beneficially interested in the contract; or

(b) is a shareholder, partner, director, manager or officer of, or has an interest in, a business that

(i) is, or has a right to become, a party to or beneficially interested in the contract, or

(ii) has a subsidiary which is, or has a right to become, a party to or beneficially interested in the contract.

Indebtedness and interest in business

14(3)       For the purpose of this section, a creditor of a business whose indebtedness was incurred other than in the ordinary course of trade has an interest in that business to the extent of that indebtedness.

Prohibition

14(4)       Except as specifically provided in this or any other Act, no member shall participate in a government contract.

Exception

14(5)       The prohibition in subsection (4) does not apply to

(a) a government contract that is not subject to the discretion of any individual, where the standard terms and conditions of eligibility are objective in nature and are prescribed in an Act or regulation; or

(b) a government contract that is exempted by the regulations from the application of this section.

Exemption from prohibition

15(1)       A member may apply to the commissioner for approval to participate in a government contract.

Approval of participation in government contract

15(2)       The commissioner may approve a member's participation in a government contract, if, in the opinion of the commissioner,

(a) the consideration and terms of the government contract are fair and reasonable; and

(b) it is not contrary to the public interest to allow the member to participate.

Terms and conditions on approval

15(3)       The commissioner may impose any terms and conditions that the commissioner considers appropriate on an approval given under subsection (2).

When participation not an offence

15(4)       Notwithstanding section 14, a member may participate in a government contract if

(a) the commissioner has given his or her approval under this section; and

(b) the member complies with the terms and conditions, if any, imposed by the commissioner on the approval.

Exception re government contracts

16(1)       A member does not contravene section 10 or 14 if the member

(a) was not aware of the existence of the government contract; and

(b) cannot be reasonably expected to have been aware of the existence of the government contract.

Deadline for compliance

16(2)       Within 90 days after becoming aware of the member's participation in a government contract, the member shall comply with sections 10 and 14.

COMMISSIONER

Commissioner

17(1)       The office of Conflict of Interest Commissioner is established.

Officer of the Assembly

17(2)       The commissioner is an officer of the Assembly.

Appointment by order

17(3)       The commissioner shall be appointed by order of the Assembly.

Term of office

17(4)       Subject to sections 18 and 19, unless he or she resigns, dies or is removed from office, the commissioner holds office for a term of five years.

Reappointment

17(5)       The commissioner may be reappointed for one additional term of five years.

Resignation

17(6)       The commissioner may resign the office at any time by giving written notice to the Speaker.

Removal and suspension

18(1)       The Assembly may, by order, remove the commissioner from office, or suspend the commissioner, for cause.

Appointing acting commissioner

18(2)       If the commissioner is suspended under subsection (1), the Assembly, by order, shall appoint an acting commissioner to hold office until

(a) the suspension is revoked by the Assembly; or

(b) the commissioner is removed from office by the Assembly under subsection (1) and a person is appointed as commissioner under section 17.

Suspension when Legislature not in session

19(1)       Where the Assembly is not in session, the Legislative Assembly Management Commission may suspend the commissioner for incapacity to act, neglect of duty, or misconduct that is proved to the satisfaction of the Legislative Assembly Management Commission.

Duration of suspension

19(2)       No suspension imposed under subsection (1) continues past the end of the next session of the Assembly.

Appointing acting commissioner

19(3)       Where the office of the commissioner is vacant or the commissioner is suspended under subsection (1), the Legislative Assembly Management Commission shall appoint an acting commissioner to hold office until

(a) a person is appointed as commissioner under section 17;

(b) the suspension is revoked by the Assembly; or

(c) the commissioner is removed from office by the Assembly under subsection 18(1) and a person is appointed as commissioner under section 17.

When Assembly not in session

19(4)       For the purposes of this section, the Assembly is not in session when it

(a) is prorogued or dissolved; or

(b) is adjourned for an indefinite period or to a day more than seven days after the date on which the Legislative Assembly Management Commission made the order suspending the commissioner.

Acting commissioner

20          Where the commissioner has resigned or is ill or otherwise unable to act, the Legislative Assembly Management Commission may appoint another person as acting commissioner until

(a) the commissioner is able to act; or

(b) another commissioner is appointed under this Act.

Remuneration

21(1)       The commissioner must be paid a salary fixed by the Lieutenant Governor in Council and is entitled to the same privileges of office as a civil servant who is not covered by a collective agreement.

No reduction of salary

21(2)       The commissioner's salary must not be reduced except on a resolution of the Assembly carried by a vote of 2/3 of the members voting in the Assembly.

Expenses

21(3)       The commissioner must be reimbursed for reasonable travelling and out-of-pocket expenses incurred in carrying out his or her responsibilities.

Civil Service Superannuation Act applies

22(1)       The commissioner and all persons employed under the commissioner are employees within the meaning of The Civil Service Superannuation Act.

Civil Service Act does not apply

22(2)       The commissioner is not subject to The Civil Service Act.

Employees are civil servants

22(3)       The Civil Service Act applies to persons employed under the commissioner.

Annual report

23(1)       The commissioner must prepare and submit to the Speaker an annual report on the carrying out of responsibilities and the exercise of powers under this Act.

Tabling report in Assembly

23(2)       The Speaker must table a copy of the annual report in the Assembly on any of the first 15 days on which the Assembly is sitting after the Speaker receives it.

Non-compellability

24(1)       The commissioner is neither competent nor compellable to

(a) give evidence in any civil proceeding concerning any information that comes to the knowledge of the commissioner in the exercise of the powers, performance of the duties or carrying out of the functions of the commissioner under this Act; or

(b) produce any files, papers, information, reports, correspondence or other documents relating to the business or activities of the commissioner.

Application to staff

24(2)       Subsection (1) applies, with any necessary modification, to the staff of the commissioner.

Commissioner's opinion and advice

25(1)       A member may request that the commissioner give an opinion and recommendation on any matter respecting the obligations of the member under this Act.

Inquiries

25(2)       The commissioner may make those inquiries that the commissioner considers appropriate to provide the member with a written opinion and recommendations.

Confidentiality

25(3)       The opinion and recommendations of the commissioner are confidential, but may be released by the member or with the written consent of the member.

Protection from liability

26          No action or proceeding may be brought against the commissioner or any other person acting under authority of this Act for anything done, or omitted to be done, in the exercise or intended exercise of a power or duty under this Act.

INQUIRIES

Referral of opinion

27(1)       A member who has reasonable and probable grounds to believe that another member is in contravention of this Act may request, by application in writing setting out the grounds for the belief and the nature of the contravention alleged, that the commissioner give an opinion respecting the compliance of the other member with the provisions of this Act.

Providing copy of application

27(2)       A member who makes a request for an opinion under subsection (1) shall promptly provide the member who is the subject of the request with a copy of the application.

Request from Assembly

27(3)       The Assembly may request, by resolution, that the commissioner give an opinion on any matter respecting the compliance of a member with the provisions of this Act.

Request from Premier

27(4)       The President of the Executive Council may request that the commissioner give an opinion on any matter including the compliance of a member of the Executive Council or Treasury Board with the provisions of this Act.

Delaying other inquiries

27(5)       Where a matter has been referred to the commissioner under subsection (1) or (3), the Assembly or a committee of it shall not conduct an inquiry into the matter until it has received the opinion of the commissioner.

Inquiry

28(1)       The commissioner may conduct an inquiry

(a) on receiving a request under section 27; or

(b) where the commissioner considers it to be advisable respecting the compliance of a member with the provisions of this Act.

Notice to member

28(2)       The commissioner shall provide the member who is the subject of the inquiry with reasonable notice of an inquiry under subsection (1).

Powers

28(3)       For the purposes of an inquiry under this section, the commissioner has all the powers of a commissioner under Part V of The Manitoba Evidence Act.

Report to speaker

28(4)       Where the request for an opinion is made under subsection 27(1) or (3), the commissioner shall report his or her opinion to the Speaker and to the member who is the subject of the opinion.

Other reporting

28(5)       If the commissioner has conducted an inquiry under clause (1)(b), the commissioner shall report his or her opinion to

(a) the Speaker; and

(b) the member who is the subject of the opinion.

Opinion to Assembly

28(6)       On receipt of an opinion under subsection (4) or (5), the Speaker shall lay the opinion before the Assembly as soon as practicable.

Opinion to Premier

28(7)       Where the request for an opinion is made under subsection 27(4), the commissioner shall report his or her opinion to the President of the Executive Council.

Scope

28(8)       In conducting an inquiry under this section, the commissioner may comment with respect to the conduct of

(a) former members of the Assembly; and

(b) former or current employees in the public service within the meaning of The Civil Service Act or The Public Interest Disclosure (Whistleblower Protection) Act or former or current employees of a Crown corporation.

Penalties

29(1)       Where the commissioner conducts an inquiry for the purposes of subsection 28(1) and finds that the member has contravened any provision of this Act, the commissioner may recommend in the report that is laid before the Assembly

(a) that the member be ordered to comply with the Act on those terms and conditions the Assembly considers appropriate;

(b) that the member be reprimanded;

(c) that the Assembly impose a fine on a member in an amount determined by order of the Assembly;

(d) that the member be suspended; or

(e) that the member's seat be declared vacant.

Response to report

29(2)       The Assembly shall consider the commissioner's report and respond to it as subsection (3) provides within 40 sitting days of the day the report is laid before the Assembly.

Assembly response

29(3)       The Assembly may

(a) order the imposition of the recommendation of the commissioner under subsection (1);

(b) impose all or any of the measures referred to in clauses (1)(a) to (e); or

(c) reject the recommendation.

Application

29(4)       Sections 34 to 39 of The Legislative Assembly Act applies to proceedings under this section.

Opinion on conduct of members

30(1)       The Assembly may request, by resolution, that the commissioner give an opinion on any matter that relates to the conduct of a member and that is in addition to the compliance of the member with the provisions of this Act.

Opinion on Cabinet members

30(2)       The President of the Executive Council may request that the commissioner give an opinion on any matter that relates to the conduct of a member of the Executive Council or Treasury Board and that is in addition to the compliance of the member of the Executive Council or Treasury Board with the provisions of this Act.

Delay on inquiries

30(3)       Where a matter has been referred to the commission under subsection (1), the Assembly shall not conduct an inquiry into the matter until it has received the opinion of the commissioner.

Inquiry and report

31(1)       The commissioner may conduct an inquiry on receiving a request under section 30.

Notice

31(2)       The commissioner shall provide the member concerned with reasonable notice of an inquiry under subsection (1).

Powers

31(3)       For the purposes of an inquiry under this section, the commission has all the powers conferred on a commissioner under Part V of The Manitoba Evidence Act.

Reporting

31(4)       Where the request for an opinion is made under subsection 30(1), the commissioner shall report his or her opinion to the Speaker.

Opinion to Assembly

31(5)       On receipt of an opinion under subsection (4), the Speaker shall lay the opinion before the Assembly as soon as is practicable.

Opinion to Premier

31(6)       Where the request for an opinion is made under subsection 30(2), the commissioner shall report his or her opinion to the President of the Executive Council.

Scope

31(7)       In conducting an inquiry under this section, the commissioner may comment with respect to the conduct of

(a) former members of the Assembly; and

(b) former or current employees in the public service within the meaning of The Civil Service Act or The Public Interest Disclosure (Whistleblower Protection) Act or former or current employees of a Crown corporation.

Timely disclosure of reports

32(1)       If the Speaker is required by this Act to lay a report or document before the Assembly, and the Assembly is not in session when the Speaker receives the report or document, the Speaker shall provide the report or document to the Clerk of the Assembly within 15 days after the day the report or document is received.

Providing report to members and public

32(2)       When the Clerk of the Assembly receives a report or document under this section, the clerk shall, as soon as is possible,

(a) cause a copy of the report or document to be delivered to each member of the Assembly; and

(b) make the report or document available for public inspection during normal business hours of the Clerk of the Assembly.

Offence respecting former members

33(1)       No former member of the Executive Council or Treasury Board shall knowingly, during the 12 months after the date he or she ceased to hold office,

(a) accept a contract or benefit that is awarded, approved or granted by a government decision-maker;

(b) make representations to a government decision-maker on his or her behalf or on behalf of another person with respect to a contract or benefit;

(c) accept a contract or benefit from any person to make representations to a government decision-maker with respect to a contract or benefit that is or is to be awarded, approved or granted by a government decision-maker; or

(d) be an associate of a person who has received a contract or benefit that is awarded, approved or granted by a government decision-maker.

Exception

33(2)       Subsection (1) does not apply to contracts of employment with respect to further duties in the service of the Crown.

Exception if contract provides same entitlements

33(3)       Subsection (1) does not apply if the conditions on which the contract or benefit is awarded, approved, or granted are the same for all persons similarly entitled.

Application for exemption

33(4)       A former member of the Executive Council or Treasury Board may apply to the commissioner for an exemption from the application of subsection (1) with respect to a contract or benefit or a class of contracts or benefits.

Exemption

33(5)       On the application of a former member of the Executive Council or Treasury Board under subsection (4), the commissioner may exempt the contract or benefit or class of contracts or benefits from the application of subsection (1) if, in the opinion of the commissioner,

(a) the consideration and terms of the contract or benefit are fair and reasonable; and

(b) it is not contrary to the public interest to exempt the contract or benefit or class of contracts or benefits from the application of subsection (1).

Terms and conditions

33(6)       The commissioner may impose any terms and conditions that the commissioner considers appropriate on an exemption granted under subsection (5).

Report to speaker

33(7)       The commissioner shall, as soon as is practicable, report to the Speaker in writing respecting any exemption granted under subsection (5).

Inclusion in annual report

33(8)       The commissioner shall include in the annual report to the Speaker a summary of all exemptions granted in that year or that remain in force during that year.

Offence and penalty

33(9)       A former member of the Executive Council or Treasury Board who contravenes subsection (1) is guilty of an offence and liable, on summary conviction, to a fine of not more than $50,000.

Limitation period

33(10)      No prosecution for an offence under this section is to be commenced after

(a) in the case of an alleged offence respecting a contract or a benefit awarded, approved or granted, two years from the date that

(i) the contract has been discharged or terminated, or

(ii) the benefit has been terminated; or

(b) in any other case, two years from the date of commission of the alleged offence.

Regulations

34          The commissioner may make regulations

(a) prescribing forms for the purposes of this Act;

(b) exempting categories of information from being provided in a public disclosure statement required by section 11;

(c) prescribing any other matter or thing that is required or authorized by this Act to be prescribed in the regulations.

Repeal

35          The Legislative Assembly and Executive Council Conflict of Interest Act, R.S.M. 1987 c. L112, is repealed.

C.C.S.M. reference

36          This Act may be referred to as chapter C171 of the Continuing Consolidation of the Statutes of Manitoba.

Coming into force

37          This Act comes into force on a day to be fixed by proclamation.

Explanatory Note

This Bill establishes a scheme to prevent conflicts of interest for members of the Legislative Assembly. A Conflict of Interest Commissioner will be appointed. The Conflict of Interest Commissioner will be an officer of the Legislative Assembly and will have the power to inquire into the conduct of members of the Legislative Assembly.