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The Legislative Assembly and Executive Council Conflict of Interest Amendment Act

S.M. 1988-89, c. 26

Bill 45, 1st Session, 34th Legislature

The Legislative Assembly and Executive Council Conflict of Interest Amendment Act

(Assented to December 20, 1988)

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

C.C.S.M. c. L112

1           The Legislative Assembly and Executive Council Conflict of Interest Act is amended by this Act.

Section 1 amended

2           Section 1 is amended by adding the following definition after the definition of "minister":

"senior public servant" means

(a) the clerk of the executive council;

(b) a deputy minister or equivalent or an assistant deputy minister:

(c) a chairperson, president, vice-president, chief executive officer or deputy chief executive officer of a Crown agency;

(d) a person who is designated or who occupies a position that is designated under section 31.1;

and includes a person who, on a temporary basis, occupies a position described in clauses (a) to (d). («fonctionnaire supérieur»)

Section 9.1 added

2.2         The following is added after section 9:

Untendered contracts

9.1(1)      Every minister shall, within one month of the awarding of a contract valued at more than $1,000, other than by public tender, by any department or agency for which he or she is responsible provide to the Minister of Finance the details of the contract including the name of the person to whom the contract was awarded and the value of the contract.

Public disclosure

9.1(2)       The Minister of Finance shall, immediately on receipt of information pursuant to subsection (1), make that information available to the public.

Section 18 repealed and substituted

3           Section 18 is repealed and the following is substituted:

Insider information

18(1)       No member, minister or senior public servant shall use for personal gain or for the gain of another person information that is not available to the public and which the member, minister or senior public servant acquires in the performance of his or her official powers, duties and functions.

Former ministers and public servants

18(2)       For purposes of subsection (1),

(a)"member" includes a former member;

(b)"minister" includes a former minister; and

(c)"senior public servant" includes a former senior public servant.

Section 19 repealed and substituted

4           Section 19 is repealed and the following is substituted:

Use of influence

19(1)       No member, minister or senior public servant shall communicate, either directly or indirectly, with another member, minister or senior public servant or with an officer or employee of the government or of a Crown agency for the purpose of influencing the government or a Crown agency to enter into a contract, or to confer a benefit, in which the member, minister or senior public servant, or in which a dependant of the member, minister or senior public servant, has a pecuniary interest.

Former ministers and public servants

19(2)       For purposes of subsection (1), "minister" includes a former minister and "senior public servant" includes a former senior public servant, for a period of one year following the date on which the minister or senior public servant leaves office.

New sections 19.1 to 19.4

5           The following sections are added after section 19:

No contracts or benefits

19.1(1)     Except with the approval of the Lieutenant Governor in Council, no minister or senior public servant shall, for a period of one year following the date on which the minister or senior public servant leaves office, enter into a contract with, or accept a benefit from, the government or a Crown agency.

Routine services exempted

19.1(2)     Subsection (1) does not apply to contracts or benefits that are entered into or conferred by the government or a Crown agency in the course of providing routine services to members of the public, including a minister or a senior public servant.

No acting or advising

19.2        Where a minister or senior public servant acts for or advises the government or a Crown agency with respect to a matter in which the government or Crown agency has an interest, the minister or senior public servant shall not, for a period of one year following the date on which the minister or senior public servant leaves office, act for or on behalf of a person, partnership or unincorporated association or organization in relation to the matter.

No participation in employer's dealings

19.3(1)     Where a minister or senior public servant, after leaving office, accepts employment with a person, partnership or unincorporated association or organization with which the minister or senior public servant has official dealings during the year preceding the date on which the minister or senior public servant leaves office, the minister or senior public servant, for a period of one year following the date on which the minister or senior public servant leaves office, shall not, directly or indirectly, attempt to influence or assist or in any way participate in

(a) deliberations of the employer with respect to a matter in which the employer has a pecuniary interest and in which the government or a Crown agency is involved;

(b) negotiations or consultations between the employer and the government or a Crown agency,

(c) the performance of obligations of the employer under a contract between the employer and the government or a Crown agency.

"Employment" in subsection (1)

19.3(2)     For purposes of subsection (1),

"employment" includes

(a) appointment to the governing board of a corporation or unincorporated association or organization; and

(b) membership in a partnership.

General exemption

19.4        Notwithstanding the provisions of this Act, a minister or senior public servant may, upon leaving office,

(a) accept employment with;

(b) enter into a contract with;

(c) accept a benefit from; or

(d) accept appointment to a governing board of an agency or corporation that is established by and is accountable to;

a government of another province or a territory or the government of Canada.

New section 20.1

6           The following section is added after section 20:

"Minister" and "member"

20.1        For purposes of sections 21 and 22, "minister" includes a former minister and "member" includes a former member.

Section 29 repealed and substituted

7           Section 29 is repealed and the following is substituted:

Restitution

29(1)       Subject to subsection (2), where a member, minister or senior public servant, or a dependant of the member, minister or senior public servant, realizes a pecuniary gain in a transaction or matter to which a violation of this Act by the member, minister or senior public servant relates, a person adversely affected by the transaction or matter, including the government or a Crown agency, may apply to a judge of the Court of Queen's Bench for an order of restitution against the member, minister or senior public servant.

Government or Crown agency applications

29(2)       Where the government or a Crown agency is adversely affected by a transaction or matter to which a violation of the Act by a member, minister or senior public servant relates and a restitution order with respect to the transaction or matter is made under subsection 21(1), section 22 or subsection 30. 1(2) in favour of the government or the Crown agency against the member, minister or senior public servant, the government or the Crown agency may not apply under subsection (1) for a restitution order against the member, minister or senior public servant in relation to the same transaction or matter.

Restitution by third parties

29(3)       Where a third party has reasonable grounds to believe that a violation of this Act by a member, minister or senior public servant relates to a transaction or matter and the third party realizes a pecuniary gain in the transaction or matter, a person adversely affected by the transaction or matter, including the government or a Crown agency, may apply to a judge of the Court of Queen's Bench for an order of restitution against the third party.

Limit on third party restitution orders

29(4)       Where a restitution order is made against a third party under subsection (3), the amount awarded as restitution may not exceed the amount of pecuniary gain realized by the third party.

New section 30.1

8           The following section is added after section 30:

Offence and penalty

30.1(1)     A person, other than a person who is liable to a penalty under subsection 21(1) or section 22, who contravenes sections 18, 19, 19.1, 19.2 or 19.3 is guilty of an offence and liable to a fine of not less than $1,000. and not more than $10,000.

Reimbursement

30.1(2)     A judge, in addition to imposing a fine under subsection (1), may order restitution to the government or a Crown agency as the judge considers appropriate in the circumstances.

New section 31.1

9           The following section is added after section 31:

Designation of position or person

31.1        The Lieutenant Governor in Council may, by regulation, designate

(a) a position or class of positions in government or with a Crown agency as a position or class of positions to which this Act applies; or

(b) a person or class of persons in the employment of the government or a Crown agency as senior public servants for purposes of this Act.

Section 32 repealed and substituted

10          Section 32 is repealed and the following section is substituted:

Summary Convictions Act not to apply

32          A violation of a provision of this Act, other than a violation of sections 18, 19, 19.1, 19.2 or 19.3 by a senior public servant, is not an offence for purposes of The Summary Convictions Act.

Coming into force

11          This Act comes into force on the day it receives the royal assent.