S.M. 2021, c. 23

Bill 21, 3^rd Session, 42^nd Legislature

The Conflict of Interest (Members and Ministers) and Related Amendments Act

Back to the Act

Table of Contents

PART 1 INTRODUCTORY PROVISIONS
1		Definitions
	(2)	When does a person assume office?
	(3)	This Act does not apply to certain gifts and personal benefits
PART 2 CONFLICT OF INTEREST
2		Conflict of interest
3		Decision-making
4		Insider information
5		Influence
6		Activities on behalf of constituents
7		Gifts and personal benefits
	(2)	Prohibition re gifts or benefits exceeding $1,000
	(3)	Prohibition re multiple gifts or benefits exceeding $1,000
	(4)	Reporting required
	(5)	Reporting multiple gifts or benefits from the same source
	(6)	Gifts of protocol, custom and social obligation
	(7)	Guidelines for protocol, custom and social obligation
8		Private air travel
	(2)	Commissioner's approval
	(3)	Approval to be made public
	(4)	Member to report on required travel
9		Complimentary event tickets prohibited
	(2)	Exception
10		Government contracts with members
	(2)	Interest in partnerships and private corporations
	(3)	Application to existing contracts
	(4)	Application to inherited interests
	(5)	Exceptions for contracts
	(6)	Exception if commissioner approves
11		Limits on investments
	(2)	Exceptions
12		Limits on outside activities
	(2)	Exception for trusts
	(3)	Exceptions for personal financial matters and maintaining professional qualifications
13		Commissioner may approve exceptions
	(2)	Commissioner must have regard for management arrangements
14		Time to comply
15		Application to leaders of other recognized parties
	(2)	Time to comply
16		Procedure on conflict of interest
	(2)	Record of disclosure
	(3)	Records concerning Executive Council confidential
	(4)	Records available
PART 3 DISCLOSURE
17		Disclosure statement of members
	(2)	Disclosure of material changes
18		Process for filing
	(2)	Meeting with the commissioner to review draft
	(3)	Commissioner may request additional information
	(4)	Commissioner may authorize exclusion of information
	(5)	Application — disclosure of material changes
19		Content of disclosure statement
	(2)	Sources of income
	(3)	Disclosure of member's interest
	(4)	Excluded matters
20		Disclosure statements available to public
21		Ministers to disclose additional information to commissioner
	(2)	Reasonable efforts
	(3)	Additional information is confidential
22		Meeting with the commissioner
23		Notice if member fails to file their first disclosure statement
	(2)	Member is suspended when notice is received
	(3)	Effect of suspension
	(4)	When suspension terminates
	(5)	No other penalty
24		Report on non-compliance
	(2)	Distribution of report
25		False or misleading information in statement
PART 4 RESTRICTIONS ON FORMER MEMBERS
26		Restriction on use of insider information
	(2)	Previously acting for government
27		Transition allowance — activities engaged in after holding office
28		General restrictions — former ministers
	(2)	Exception for general matters
	(3)	Exception for government and government agencies
29		Employment restrictions for former ministers
30		Restrictions on dealing with former members
	(2)	Exception
31		Waiver or reduction of specified transition period
	(2)	Conditions may be imposed
32		Contravention by former members
	(2)	Time limit for prosecution
	(3)	Commissioner's opinion and recommendations to be considered
PART 5 THE COMMISSIONER
33		Appointment of Ethics Commissioner
	(2)	Term
	(3)	Remuneration
34		Appointment process
35		Removal or suspension
	(2)	Suspension when Assembly not sitting
36		Acting commissioner
	(2)	Responsibilities of acting commissioner
	(3)	Term of acting commissioner
37		Role of commissioner
38		Assistance
39		General responsibilities
	(2)	Approval of forms
	(3)	When Act makes information publicly available
40		Extension of time
41		Request for commissioner's advice
	(2)	Commissioner may make inquiries
	(3)	Advice is confidential
	(4)	Partial release by member
	(5)	Application to former members
42		Confidentiality
43		Retention of records by commissioner
	(2)	Exception
PART 6 INQUIRIES AND PENALTIES
44		Member may request commissioner's opinion
	(2)	Making a request
	(3)	Member's request to be tabled
	(4)	Distribution if Assembly not sitting
	(5)	No inquiry by Assembly
45		Limitation period
46		Notice of inquiry
47		Inquiry powers
	(2)	Inquiry may be public or private
	(3)	Representations by affected member
	(4)	Inquiry to be prompt
48		If no reasonable grounds for making request
	(2)	Distribution of report
	(3)	Action when no reasonable grounds for request
49		Commissioner's report
	(2)	Distribution of report
50		Commissioner's recommendations in case of contravention
	(2)	No penalty when relying on commissioner's advice
	(3)	Recommendations re no penalty
51		Assembly to consider report
	(2)	Powers of Assembly
	(3)	Decision is final
	(4)	No offence
	(5)	Fine amount may be collected by way of set-off
52		Court application for restitution
53		Inquiry may be suspended
54		Effect of election or resignation
	(2)	Inquiry terminates unless request made to continue
	(3)	Report if inquiry is not continued
	(4)	Distribution of report
PART 7 GENERAL PROVISIONS
55		Inflation adjustment
	(2)	Determining adjustment
	(3)	Adjustments to be made public
56		Annual report
	(2)	Content
57		Immunity
	(2)	No action re information being provided
	(3)	No summons
58		Review of Act
PART 8 TRANSITIONAL PROVISIONS
59		Commissioner continues
60		Application of former Act
PART 9 RELATED AND CONSEQUENTIAL AMENDMENTS
61		C.C.S.M. c. C110 amended
62		C.C.S.M. c. L178 amended
63		Consequential amendment, C.C.S.M. c. D60
64		Consequential amendment, C.C.S.M. c. F175
65		Consequential amendments, C.C.S.M. c. L110
66		Consequential amendment, C.C.S.M. c. L114
67		Consequential amendment, C.C.S.M. c. L120
68		S.M. 2017, c. 24 amended (unproclaimed)
PART 10 REPEAL, C.C.S.M. REFERENCE AND COMING INTO FORCE
69		Repeal
70		C.C.S.M. reference
71		Coming into force