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S.M. 2002, c. 49
Bill 54, 3rd Session, 37th Legislature
THE LEGISLATIVE ASSEMBLY AND EXECUTIVE COUNCIL CONFLICT OF INTEREST AMENDMENT (CONFLICT OF INTEREST COMMISSIONER) ACT
(Assented to August 9, 2002)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
The Legislative Assembly and Executive Council Conflict of Interest Act is amended by this Act.
Section 1 is amended by adding the following definition in alphabetical order:
"commissioner" means the person appointed as the Conflict of Interest Commissioner under section 19.5; (« commissaire »)
The following is added after section 11:
Before filing a disclosure statement under section 11, or within 60 days after doing so, every member and minister shall meet with the commissioner to ensure that adequate disclosure is made and to obtain any advice about the member's or minister's obligations under this Act. The spouse or common-law partner of the member or minister may also attend the meeting with the commissioner and may otherwise seek the commissioner's advice.
The commissioner may extend the 60-day period if he or she considers it appropriate to do so.
The following is added after section 19.4:
On the recommendation of the Standing Committee of the Assembly on Privileges and Elections, the Lieutenant Governor in Council shall appoint a Conflict of Interest Commissioner for the purpose of this Act. The commissioner is to be appointed on a part-time basis.
The commissioner shall make an annual report to the Speaker of the Assembly about the exercise of the commissioner's responsibilities under this Act. The Speaker must lay the report before the Assembly.
Request for commissioner's advice
Any member may request the commissioner to give a formal or an informal opinion and recommendations about a matter concerning the member's obligations under this Act.
Commissioner may make inquiries
On receiving a request, the commissioner may make any inquiries that he or she considers appropriate, and shall give the member an opinion and recommendations. If the member has requested a formal opinion, the opinion must be given in writing.
Reliance on commissioner's written opinion
A member may rely on a written opinion given by the commissioner in response to a request for a formal opinion, if
(a) the member acts in accordance with the commissioner's recommendations; and
(b) before receiving the commissioner's opinion and recommendations, the member disclosed all the relevant facts that were known to the member.
A member who receives a written opinion under this section shall file a copy of it with the Clerk of the Legislative Assembly within 30 days after receiving it. The Clerk shall make the opinion available to the public in the same manner as the statement disclosing assets and interests under section 11 is made available.
The commissioner may give a written opinion and recommendations of general application to members or to a class of members on any matter concerning their obligations under this Act. The opinion must state the facts and any other considerations on which it is based.
A member may rely on a written opinion given under subsection (1) in respect of facts and considerations stated in the opinion if the member acts in accordance with the commissioner's recommendations.
Section 20 is amended by adding ", subject to section 21.1," after "grant the authorization".
Subsection 21(1) is amended in the part before clause (a) by striking out everything before "impose" and substituting "Subject to sections 21.1 and 22, where a judge determines, after a hearing authorized under section 20, that the member or minister has violated this Act, the judge shall".
The following is added after section 21:
Judge must consider commissioner's written opinion
When deciding whether to authorize a hearing under section 20 or when making a determination under subsection 21(1), the judge shall give due regard to any written opinion and recommendations the commissioner has given under section 19.6 or 19.7 about the subject matter of the alleged violation.
Consequential amendment, C.C.S.M. c. F175
The definition "officer of the Legislative Assembly" in section 1 of The Freedom of Information and Protection of Privacy Act is amended by striking out "and the Auditor General" and substituting ", the Auditor General, and the commissioner appointed under The Legislative Assembly and Executive Council Conflict of Interest Act".
This Act comes into force on a day fixed by proclamation.