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

S.M. 2021, c. 23

Bill 21, 3rd Session, 42nd Legislature

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

INTRODUCTORY PROVISIONS
1 (1) Definitions
(2) When does a person assume office?
(3) This Act does not apply to certain gifts and personal benefits
CONFLICT OF INTEREST
CONFLICT PROVISIONS FOR ALL MEMBERS
2 Conflict of interest
3 Decision-making
4 Insider information
5 Influence
6 Activities on behalf of constituents
7 (1) 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 (1) Private air travel
(2) Commissioner's approval
(3) Approval to be made public
(4) Member to report on required travel
9 (1) Complimentary event tickets prohibited
(2) Exception
10 (1) 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
ADDITIONAL CONFLICT PROVISIONS FOR MINISTERS
AND LEADERS OF RECOGNIZED OPPOSITION PARTIES
11 (1) Limits on investments
(2) Exceptions
12 (1) Limits on outside activities
(2) Exception for trusts
(3) Exceptions for personal financial matters and maintaining professional qualifications
13 (1) Commissioner may approve exceptions
(2) Commissioner must have regard for management arrangements
14 Time to comply
15 (1) Application to leaders of other recognized parties
(2) Time to comply
ACTIONS IF CONFLICT ARISES
16 (1) Procedure on conflict of interest
(2) Record of disclosure
(3) Records concerning Executive Council confidential
(4) Records available
DISCLOSURE
PUBLIC DISCLOSURE BY ALL MEMBERS
17 (1) Disclosure statement of members
(2) Disclosure of material changes
18 (1) 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 (1) Content of disclosure statement
(2) Sources of income
(3) Disclosure of member's interest
(4) Excluded matters
20 Disclosure statements available to public
ADDITIONAL DISCLOSURE TO THE COMMISSIONER BY MINISTERS
21 (1) Ministers to disclose additional information to commissioner
(2) Reasonable efforts
(3) Additional information is confidential
22 Meeting with the commissioner
NON-COMPLIANCE
23 (1) 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 (1) Report on non-compliance
(2) Distribution of report
25 False or misleading information in statement
RESTRICTIONS ON FORMER MEMBERS
26 (1) Restriction on use of insider information
(2) Previously acting for government
27 Transition allowance — activities engaged in after holding office
28 (1) General restrictions — former ministers
(2) Exception for general matters
(3) Exception for government and government agencies
29 Employment restrictions for former ministers
30 (1) Restrictions on dealing with former members
(2) Exception
31 (1) Waiver or reduction of specified transition period
(2) Conditions may be imposed
32 (1) Contravention by former members
(2) Time limit for prosecution
(3) Commissioner's opinion and recommendations to be considered
THE COMMISSIONER
APPOINTMENT
33 (1) Appointment of Ethics Commissioner
(2) Term
(3) Remuneration
34 Appointment process
REMOVAL OR SUSPENSION
35 (1) Removal or suspension
(2) Suspension when Assembly not sitting
ACTING COMMISSIONER
36 (1) Acting commissioner
(2) Responsibilities of acting commissioner
(3) Term of acting commissioner
COMMISSIONER'S ROLE
37 Role of commissioner
38 Assistance
39 (1) General responsibilities
(2) Approval of forms
(3) When Act makes information publicly available
40 Extension of time
41 (1) 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 (1) Retention of records by commissioner
(2) Exception
INQUIRIES AND PENALTIES
INQUIRY INTO POSSIBLE CONTRAVENTIONS
44 (1) 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 (1) Inquiry powers
(2) Inquiry may be public or private
(3) Representations by affected member
(4) Inquiry to be prompt
48 (1) If no reasonable grounds for making request
(2) Distribution of report
(3) Action when no reasonable grounds for request
REPORT AND IMPOSITION OF PENALTIES
49 (1) Commissioner's report
(2) Distribution of report
50 (1) Commissioner's recommendations in case of contravention
(2) No penalty when relying on commissioner's advice
(3) Recommendations re no penalty
51 (1) 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 (1) Effect of election or resignation
(2) Inquiry terminates unless request made to continue
(3) Report if inquiry is not continued
(4) Distribution of report
GENERAL PROVISIONS
55 (1) Inflation adjustment
(2) Determining adjustment
(3) Adjustments to be made public
56 (1) Annual report
(2) Content
57 (1) Immunity
(2) No action re information being provided
(3) No summons
58 Review of Act
TRANSITIONAL PROVISIONS
59 Commissioner continues
60 Application of former Act
RELATED AND CONSEQUENTIAL AMENDMENTS
RELATED AMENDMENTS
61 (1) C.C.S.M. c. C110 amended
62 (1) C.C.S.M. c. L178 amended
CONSEQUENTIAL AMENDMENTS
63 Consequential amendment, C.C.S.M. c. D60
64 Consequential amendment, C.C.S.M. c. F175
65 (1) 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)
REPEAL, C.C.S.M. REFERENCE AND COMING INTO FORCE
69 Repeal
70 C.C.S.M. reference
71 Coming into force