Acts and Regulations

M-7.01 - Members’ Conflict of Interest Act

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Full text
Current to 1 January 2024
CHAPTER M-7.01
Members’ Conflict of Interest Act
2017, c.15, s.1
Assented to March 12, 1999
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
INTERPRETATION
Definitions
1In this Act
“Assembly” means the Legislative Assembly of New Brunswick;(Assemblée)
“blind management agreement” means a management agreement that meets the requirements of section 3.1;(convention de gestion sans droit de regard)
“blind trust” means a trust that meets the requirements of section 3;(fiducie sans droit de regard)
“child” includes a child to whom a member has demonstrated a settled intention to treat as a child of his or her family;(enfant)
“Commissioner” means the Integrity Commissioner appointed under section 2 of the Integrity Commissioner Act;(commissaire)
“Crown” means the Crown in right of the Province and includes Crown corporations; (Couronne)
“employee” means a person employed in the public service;(employé)
“immediate family member” means (membre de la famille immédiate)
(a) a member’s spouse,
(b) a member’s child who is under 18 years of age, and
(c) any relative of a member or a member’s spouse who
(i) resides in the primary residence owned or controlled by the member or the member’s spouse; and
(ii) is financially dependent on the member or the member’s spouse;
“member” means a member of the Legislative Assembly and includes a member of the Executive Council;(membre)
“private corporation” means a corporation none of whose shares are publicly traded securities;(corporation privée)
“private interest” does not include an interest in a matter(intérêt privé)
(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;
“public service” means public service as defined in the Public Service Labour Relations Act;(services publics)
“registered district association” means a district association that has been registered under section 135 of the Elections Act;(association de circonscription enregistrée)
“registered political party” means a political party that has been registered under section 133 of the Elections Act;(parti politique enregistré)
“reprisal” means any of the following measures taken against an employee because the employee has, in good faith, provided information or given evidence in a proceeding under this Act to the Commissioner or to a person employed in the Office of the Integrity Commissioner:(représailles)
(a) a disciplinary measure;
(b) a demotion;
(c) termination of employment;
(d) any measure that adversely affects his or her employment or working conditions;
(e) a threat to take any of the measures referred to in paragraphs (a) to (d);
“Speaker” means the Speaker of the Legislative Assembly of New Brunswick;(président de l’Assemblée)
“spouse” means a person who is married to a member or a person who, not being married to a member, is cohabiting in a conjugal relationship with the member, but does not include a person who, being married to a member, is separated and living apart from the member and who(conjoint)
(a) has entered into a written agreement with the member under which they have agreed to live apart, or
(b) is subject to an order of the court recognizing the separation.
2007, c.30, s.24; 2008, c.45, s.16; 2016, c.53, s.24; 2017, c.15, s.2; 2023, c.17, s.154
Lobbying
2017, c.65, s.1
1.1For the purposes of this Act, “lobbying” means
(a) to communicate with a public office holder of any jurisdiction in an attempt to influence
(i) the development of any legislative proposal in that jurisdiction,
(ii) the introduction of any public bill or any resolution before a legislative body of that jurisdiction or the passage, defeat or amendment of any public Act or any resolution that is before a legislative body of that jurisdiction,
(iii) the making or amendment of a regulation or other subordinate legislation in that jurisdiction,
(iv) the development, amendment or termination of any policy or program of a government of that jurisdiction,
(v) a decision to transfer from a government of that jurisdiction for consideration all or part of, or any interest in or asset of, any business, enterprise or institution that provides goods or services to that government or to the public,
(vi) a decision to have the private sector instead of a government of that jurisdiction provide goods or services to that government, and
(vii) the awarding of any grant, contribution or other financial benefit by or on behalf of a government of that jurisdiction,
(b) to arrange a meeting between a public office holder of any jurisdiction and any other person, and
(c) to communicate with a public office holder of any jurisdiction in an attempt to influence the awarding of any contract by or on behalf of a government of that jurisdiction.
2017, c.65, s.1
Deemed member
2017, c.15, s.3
2For the purposes of this Act, other than subsection 18(3), 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.
2017, c.15, s.4
Blind trust
3For the purposes of this Act, a trust is a blind trust if a member entrusts his or her interest in the property in the trust to one or more trustees on the following terms:
(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 approved by the Commissioner;
(c) the trustees shall not consult with the member with respect to managing the trust property, but may consult with the Commissioner;
(d) subject to paragraph (e), annually, the trustees shall give the Commissioner a written report stating the nature of the assets in the trust, the trust’s net income for the preceding year and the trustees’ fees, if any;
(e) when the assets in a trust consist of securities, stocks, futures or commodities, the trustees shall annually give the Commissioner and the member a written report stating the value, but not the nature, of the assets in the trust; and
(f) with respect to the assets described in paragraph (e), the trust shall provide that the member may, at any time, instruct the trustees to liquidate all or part of the trust and pay the proceeds over to the member.
2016, c.53, s.24; 2017, c.15, s.5
Blind management agreement
2017, c.15, s.6
3.1For the purposes of this Act, a management agreement is a blind management agreement if a member entrusts his or her interest in property to one or more managers on the following terms:
(a) the provisions of the management agreement shall be approved by the Commissioner;
(b) the managers shall be persons who are at arm’s length with the member and approved by the Commissioner;
(c) the managers shall not consult with the member with respect to managing the assets under management, but may consult with the Commissioner;
(d) subject to paragraph (e), the managers shall annually give the Commissioner a written report stating the nature of the assets under management, the net income for the preceding year and the managers’ fees, if any;
(e) when the assets under management consist of securities, stocks, futures or commodities, the managers shall annually give the Commissioner and the member a written report stating the value, but not the nature, of the assets; and
(f) with respect to the assets described in paragraph (e), the management agreement shall provide that the member may, at any time, instruct the managers to liquidate all or part of the assets under management and pay the proceeds over to the member.
2017, c.15, s.6
PROVISIONS APPLYING TO
ALL MEMBERS
2017, c.15, s.7
Conflict of interest
4A member shall not make a decision or participate in making a decision in the execution of his or her office if the member knows or reasonably should know that in the making of the decision there is the opportunity to further the member’s private interest or to further another person’s private interest.
2017, c.15, s.8
Insider information
5(1)A member shall not use information that is obtained in his or her capacity as a member and that is not available to the general public to further or to seek to further the member’s private interest or to further or seek to further another person’s private interest.
5(2)A member shall not communicate information described in subsection (1) to another person if the member knows or reasonably should know that the information may be used for a purpose described in that subsection.
2017, c.15, s.9
Influence
6A member shall not
(a) use his or her office to seek to influence a decision made or to be made by another person so as to further the member’s private interest or to further another person’s private interest, or
(b) engage in lobbying in New Brunswick or elsewhere.
2017, c.15, s.10; 2017, c.65, s.2
Activities on behalf of constituents
7This Act does not prohibit the activities in which members of the Assembly normally engage on behalf of constituents.
2017, c.15, s.11
Members of the Executive Council when acting in their official capacity
2017, c.65, s.3
7.1Section 6 does not apply to members of the Executive Council when they are acting in their official capacity.
2017, c.65, s.3
Gifts
8(1)A member or a member’s immediate family member shall not 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.
8(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.
8(3)Where a gift or personal benefit mentioned in subsection (2) is greater than two hundred and fifty dollars in value, or where the total value received from one source in any twelve month period is greater than two hundred and fifty dollars, the member shall, without delay, file with the Commissioner a gift disclosure statement of his or her own or a gift disclosure statement on behalf of his or her immediate family member, as the case may be.
8(4)The gift disclosure statement shall
(a) be in the form prescribed by the Commissioner, and
(b) indicate the nature of the gift or personal benefit, its source and the circumstances under which it was given and accepted.
2016, c.53, s.24; 2017, c.15, s.12
Contracts with the Crown
9(1)No member shall be a party to a contract with the Crown under which the member receives a benefit.
9(2)No member shall have an interest in a partnership or private corporation or be the officer or director of a corporation that is a party to a contract with the Crown under which the partnership or corporation receives a benefit.
9(3)Subsections (1) and (2) do not apply to a contract that existed before the member’s election to the Assembly, or before the member’s appointment to the Executive Council if the member is not elected to the Assembly, but do apply to its renewal or extension.
9(4)Subsection (2) does not apply if the Commissioner is of the opinion that the interest or position of the member will not create a conflict between the member’s private interest and public duty.
9(5)Subsection (2) does not apply if the member has entrusted his or her interest in the partnership or corporation to one or more trustees in a blind trust or to one or more managers of a blind management agreement.
9(6)Subsection (1) does not prohibit a member from receiving benefits under any Act that provides for retirement benefits funded wholly or in part by the Province of New Brunswick.
9(7)Subsection (2) does not apply until the first anniversary of the acquisition if the member’s interest in the partnership or corporation was acquired by inheritance.
9(8)No member shall permit a person acting on the member’s behalf to enter into a contractual or employment relationship on behalf of the Province with an immediate family member of the member or an immediate family member of another member, except in accordance with an impartial administrative process in which the member plays no part.
9(9)This section does not apply to an appointment made under section 18 of the Civil Service Act.
9(10)This section does not apply to a contract for goods or services if the conditions on which the contract is awarded, approved or granted are the same for all persons similarly entitled.
2016, c.53, s.24; 2017, c.15, s.13
Offices and employment
10A member, after being sworn in, shall not be employed by the Crown in right of Canada on a full-time basis, or be the holder of any permanent office by reason of an appointment by or at the nomination of the Governor-General in Council or a Minister of the Crown in right of Canada, and to which a salary is attached.
2017, c.15, s.14
Offices and employment
11(1)A member, after being sworn in, shall not be employed by the Crown in right of New Brunswick, whether the employment is permanent or temporary or on a full-time or part-time basis, or be the holder of any office by reason of an appointment by or at the nomination of the Lieutenant-Governor in Council or a Minister of the Crown in right of New Brunswick, and to which a salary is attached.
11(2)A member does not contravene this section by reason of being appointed to an office in the member’s capacity as Minister, if the member receives no remuneration as the holder of that office other than reasonable travelling and living expenses incurred in the course of serving in that office.
11(3)Employment with the Crown held under a contract of employment shall be governed by this section and not section 9.
2017, c.15, s.15
11.1A member, after being sworn in, shall not be employed in or enter into a personal service contract with a business or organization that engages in lobbying in New Brunswick or elsewhere.
2017, c.65, s.4
Exceptions
12(1)Except as otherwise provided in section 14, nothing in this Act applies to a member by reason of the member being
(a) Repealed: 2007, c.43, s.1
(b) in receipt of any loan from the federal government or compensation as the result of an expropriation,
(c) in receipt of a provincial salary as a teacher,
(d) a notary public,
(e) a person who is a surety for a sheriff, registrar or other public officer,
(f) a member of His Majesty’s armed forces,
(g) insured under a contract of group life insurance in which all members of the Assembly may participate and for which the premiums may be contributed wholly or in part by the Province, or
(h) in receipt of, or by reason of his or her having received or having agreed to receive any benefit that is authorized under any Act to be extended to members of the public generally, or to specific classes of the public, if the receipt of the benefit is upon terms common to all persons receiving similar benefits, and if no special benefit or preference not available to other members of the public or of the class of the public to which an Act applies is obtained by the member.
12(2)Except as otherwise provided in section 14, nothing in this Act applies to a member of the Assembly by reason of the member receiving a salary, financial assistance or other benefit from a registered political party or a registered district association of which he or she is a member.
2007, c.43, s.1; 2017, c.15, s.16; 2023, c.17, s.154
Procedure on conflict of interest
13A member who has reasonable grounds to believe that he or she has a conflict of interest in a matter that is before the Assembly or the Executive Council, 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.
2017, c.15, s.17
PROVISIONS APPLYING TO MEMBERS OF THE
EXECUTIVE COUNCIL
Prohibited activities
14(1)A member of the Executive Council shall not
(a) engage in any trade, occupation or employment or in the practice of any profession,
(b) engage in the management of a business carried on by a corporation,
(c) carry on business through a partnership or sole proprietorship,
(d) hold or trade in securities, stocks, futures or commodities, or
(e) hold an office or directorship, unless holding the office or directorship is one of the member’s duties as a member of the Executive Council.
Approval by Commissioner
14(2)A member of the Executive Council may engage in an activity prohibited by subsection (1) if
(a) the member has disclosed all material facts to the Commissioner,
(b) the Commissioner is satisfied that the activity, if carried on in the specified manner, will not create a conflict between the member’s private interest and public duty,
(c) the Commissioner has given the member his or her written approval and has specified the manner in which the activity may be carried out, and
(d) the member carries out the activity in the specified manner.
Payments from political party or district association
14(2.1)A member of the Executive Council shall not accept a salary, financial assistance or other benefit from a registered political party or a registered district association.
14(2.2)Notwithstanding subsection (2.1), a member of the Executive Council may be reimbursed by a registered political party or a registered district association for reasonable expenses incurred by the member on behalf of the registered political party or registered district association.
Blind trust
14(3)A member of the Executive Council may comply with paragraphs (1)(c) or (d) if the member entrusts his or her interest in the property to one or more trustees in a blind trust.
Blind management agreement
14(3.1)A member of the Executive Council may comply with paragraphs (1)(c) or (d) if the member entrusts his or her interest in the property to one or more managers under a blind management agreement.
Divest business interest
14(3.2)A member of the Executive Council may comply with paragraphs (1)(c) or (d) if the member divests his or her interest in the partnership or sole proprietorship, sells the securities, stocks, futures or commodities that he or she holds or ceases trading in securities, stocks, future or commodities, as the case may be.
Time for compliance
14(4)A person who becomes a member of the Executive Council shall comply with subsections (1) and (2.1), or obtain the Commissioner’s approval under subsection (2), within sixty days after the appointment.
2007, c.43, s.2; 2016, c.53, s.24; 2017, c.15, s.18
Procedure on conflict of interest
15A member of the Executive Council who has reason to believe that he or she has a conflict of interest with respect to a matter that requires that member’s decision shall report that possible conflict to the President of the Executive Council and ask the Premier or Deputy Premier to appoint another member of the Executive Council to perform the member’s duties in the matter for the purpose of making the decision, and the member who is appointed may act in the matter for the period of time necessary for the purpose.
Restrictions applicable to Executive Council
16(1)The Executive Council or a member of the Executive Council shall not knowingly award a contract to or approve a contract with, or grant a benefit to, a former member of the Executive Council until twelve months have expired after the date on which the former member ceased to hold office.
16(2)Subsection (1) does not apply
(a) Repealed: 2013, c.4, s.1
(b) if the conditions on which the contract or benefit is awarded, approved or granted are the same for all persons similarly entitled.
2013, c.4, s.1
Restrictions applicable to former members, Exceptions, Penalty
Repealed: 2013, c.4, s.2
2013, c.4, s.2
17Repealed: 2013, c.4, s.3
2013, c.4, s.2; 2013, c.4, s.3
PROVISIONS APPLYING TO ALL FORMER MEMBERS
2013, c.4, s.4; 2017, c.15, s.19
Restrictions applicable to all former members
2013, c.4, s.4; 2017, c.15, s.20
17.1(1)Unless 12 months have expired after the date on which a former member ceased to be a member, no former member
(a) shall accept a contract or financial benefit that is awarded, approved or granted by the Crown,
(b) shall make representations on his or her own behalf or on behalf of any other person with respect to a contract or financial benefit,
(b.1) shall engage in lobbying in New Brunswick or elsewhere in relation to a matter having a real and substantial connection to New Brunswick, or
(c) shall be employed by the Crown, whether the employment is permanent or temporary or on a full-time or part-time basis, or be the holder of any office by reason of an appointment by or at the nomination of the Lieutenant-Governor in Council or a Minister, and to which a salary is attached.
(d) Repealed: 2017, c.15, s.21
17.1(2)Paragraphs (1)(a) and (b) do not apply in the following circumstances:
(a) the conditions on which the contract or financial benefit is awarded, approved or granted are the same for all persons similarly entitled;
(b) the former member is receiving a financial benefit that was awarded or granted by the Crown for his or her services and that was permitted under this Act; or
(c) the former member is receiving a financial benefit awarded or granted by the Crown for services that are comparable to the services he or she provided to the Crown before becoming a member.
17.1(3)Despite paragraph (1)(c), a former member may, within 12 months after the date on which the former member ceased to be a member, be employed by the Crown in the following circumstances:
(a) the former member is employed in a position comparable to the position that he or she held before becoming a member;
(a.1) the former member is appointed as a judge as defined in the Provincial Court Act;
(a.2) the former member is employed as a deputy head as defined in the Civil Service Act whose primary function is to give political advice to the Executive Council;
(b) the former member is a member of the personal staff employed by the Premier; or
(c) the former member is employed by a member of the Executive Council under section 18 of the Civil Service Act.
17.1(4)Despite paragraph (1)(c), unless 48 months have expired after the date on which a former member ceased to be a member, no former member
(a) shall be employed as a deputy head as defined in the Civil Service Act, other than a deputy head whose primary function is to give political advice to the Executive Council, or
(b) is eligible to be appointed as an officer of the Assembly.
2013, c.4, s.4; 2017, c.15, s.21; 2017, c.65, s.5
Penalty
2013, c.4, s.4
17.2A person who violates or fails to comply with section 17.1 commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a Category I offence.
2013, c.4, s.4
DISCLOSURE
Private disclosure statement
18(1)Every member shall file with the Commissioner a private disclosure statement in the form provided by the Commissioner.
18(2)A private disclosure statement shall be filed
(a) within sixty days after becoming a member of the Assembly,
(b) within sixty days after being appointed to the Executive Council, if the member has not filed a current disclosure statement as a member of the Assembly, and
(c) in each subsequent year at the time specified by the Commissioner.
18(3)Repealed: 2017, c.15, s.22
18(4)Subject to subsection (5), a private disclosure statement shall contain
(a) a statement of the nature of the assets, liabilities and financial and business interests of the member and of the member’s immediate family members, and of private corporations controlled by the member, the member’s immediate family members, or any of them,
(b) any salary, financial assistance or other benefit the member has received from a registered political party or a registered district association during the preceding 12 months, or is likely to receive during the next 12 months,
(b.1) information concerning any employment of the member, other than as member of the Assembly or of the Executive Council,
(b.2) information concerning the member’s sources of income from employment or received under a personal service contract, other than those provided for in the Legislative Assembly Act or the Executive Council Act,
(c) information concerning the employment of an immediate family member with the Crown, whether the employment is permanent or temporary or on a full-time or part-time basis,
(d) information concerning the engagement, contracting or hiring of an immediate family member in accordance with a personal service contract with the Crown,
(e) information concerning an immediate family member being the holder of any office by reason of an appointment by or at the nomination of the Lieutenant-Governor in Council, a member of the Executive Council or an employee of the Crown, and to which a salary is attached,
(f) information concerning any contract between the Crown and an immediate family member under which the immediate family member receives a benefit,
(g) information concerning any contract between the Crown and a partnership in which an immediate family member has an interest and under which the partnership receives a benefit, and
(h) information concerning any contract between the Crown and a private corporation in which an immediate family member is an officer or director and under which the private corporation receives a benefit.
18(5)The following is not required to be disclosed in a private disclosure statement with respect to a member or an immediate family member:
(a) the primary residence owned or controlled by any such person;
(b) the primary recreational property owned or controlled by any such person;
(c) automobiles owned or controlled by any such person;
(d) items of domestic, household or personal use or ownership, including cash, non-convertible bonds, trust and bank certificates and registered retirement savings plans which are not self-administered;
(e) any property that has been placed in a blind trust; and
(f) any property that has been managed in accordance with a blind management agreement.
18(6)After a private disclosure statement is filed under this section, the Commissioner shall consult with the member, and the member’s spouse, if available, to ensure that adequate disclosure has been made and to provide advice on the member’s obligations under this Act.
18(7)A member shall file a statement of material change with the Commissioner, in the form provided by the Commissioner, within thirty days
(a) after a change in the assets, liabilities or financial or business interests of the member or his or her immediate family member, or any private corporation controlled by any of them,
(b) after a change in the salary, financial assistance or benefits received by the member from a registered political party or registered district association,
(b.1) after a change in the employment of the member, other than as member of the Assembly or of the Executive Council,
(b.2) after a change in the member’s sources of income from employment or received under a personal service contract, other than those provided for in the Legislative Assembly Act or the Executive Council Act, or
(c) after an event causes a person to become or cease to be a member of the member’s family,
if the change or event would reasonably be expected to have a significant effect on the information previously disclosed.
2007, c.43, s.3; 2016, c.53, s.24; 2017, c.15, s.22; 2017, c.65, s.6
Failure to file private disclosure statement
19(1)Where a member fails to file a private disclosure statement within the period of time prescribed in subsection 18(2), the Commissioner shall request the member to file the statement by a date specified by the Commissioner.
19(1.1)Where a member fails to consult with the Commissioner under subsection 18(6), the Commissioner shall request the member to appear for consultation by a date specified by the Commissioner.
19(2)Where a member fails to file a private disclosure statement by the date specified by the Commissioner under subsection (1) or fails to appear for consultation by the date specified by the Commissioner under subsection (1.1), the Commissioner shall prepare a report with the name of the member concerned and file it with the Speaker, who shall table the report before the Assembly if it is then sitting, or if it is not sitting, within fifteen days after it next sits.
2003, c.8, s.1; 2007, c.30, s.24; 2016, c.53, s.24; 2017, c.15, s.23
Public disclosure statement
20(1)After consulting with the member under subsection 18(6), the Commissioner shall prepare a public disclosure statement on the basis of the information provided by the member.
20(2)A public disclosure statement shall
(a) subject to subsection (5), state the source and nature, but not the value, of the assets, liabilities and financial and business interests referred to in subsection 18(4),
(b) state any salary, financial assistance or other benefit the member has received from a registered political party or a registered district association during the preceding 12 months, or is likely to receive during the next 12 months,
(b.1) state any information concerning the employment of the member, other than as member of the Assembly or of the Executive Council,
(b.2) state any information concerning the member’s sources of income from employment or received under a personal service contract, other than those provided for in the Legislative Assembly Act or the Executive Council Act,
(c) state any gifts or benefits that have been disclosed to the Commissioner by the member under subsection 8(2) within the preceding 12 months, and
(d) state any salary or other benefit that an immediate family member, a partnership in which an immediate family member has an interest or a private corporation for which an immediate family member is an officer or director has received during the preceding 12 months as a result of a contract with the Crown and describe the subject-matter and nature of the contract.
20(3)The Commissioner may identify the value of assets, liabilities and financial and business interests as nominal, significant or controlling if, in the opinion of the Commissioner, such knowledge is necessary to protect the public interest.
20(4)In the case of a member of the Executive Council, the public disclosure statement shall also state whether the member has obtained the Commissioner’s approval under subsection 14(2) for an activity that would otherwise be prohibited and, if the member has done so, shall
(a) describe the activity, and
(b) in the case of a business activity, list the name and address of each person who has a ten per cent or greater interest in the business, and describe the person’s relationship to the member.
20(5)The following assets, liabilities and financial and business interests shall not be shown in the public disclosure statement:
(a) an asset or liability worth less than two thousand five hundred dollars;
(b) an interest in a pension plan, employee benefit plan, annuity or life insurance policy;
(c) an investment in an open-ended mutual fund that has broadly based investments not limited to one industry or one sector of the economy; and
(d) any other asset, liability or financial or business interest that the Commissioner approves for exclusion.
20(6)The Commissioner may withhold information from the public disclosure statement if, in his or her opinion,
(a) the information is not relevant to the purpose of this Act, and
(b) a departure from the general principle of public disclosure is justified.
20(7)The Commissioner shall file the public disclosure statement with the Clerk of the Assembly.
20(8)The Clerk of the Assembly shall make each public disclosure statement available for public inspection during the normal business hours of the office of the Clerk and shall provide a copy of it to any person who pays the reasonable copying fee fixed by the Clerk.
20(8.1)The Clerk of the Assembly shall, within 30 days after the Commissioner files the public disclosure statement with the Clerk, post the public disclosure statement on the website of the Assembly.
2016, c.53, s.24; 2017, c.15, s.24; 2017, c.65, s.7
Destruction of records
21(1)The Commissioner shall destroy any record in his or her possession that relates to a former member, or to an immediate family member of the former member, twelve months after the person ceased to be a member of the Assembly or, if the person was not a member of the Assembly, ceased to be a member of the Executive Council.
21(2)If an inquiry or investigation to which a record may relate is being conducted under this Act, or if the Commissioner is aware that a charge to which it may relate has been laid under the Criminal Code (Canada) against the former member or a person who belongs to his or her family, the record shall not be destroyed until the inquiry, investigation or charge has been finally disposed of.
2008, c.45, s.16; 2016, c.53, s.24; 2017, c.15, s.25
POWERS AND DUTIES OF COMMISSIONER
2016, c.53, s.24
Appointment
Repealed: 2016, c.53, s.24
2016, c.53, s.24
22Repealed: 2016, c.53, s.24
2003, c.8, s.2; 2013, c.1, s.5; 2016, c.53, s.24
Resignation
Repealed: 2016, c.53, s.24
2016, c.53, s.24
23Repealed: 2016, c.53, s.24
2007, c.30, s.24; 2013, c.1, s.5; 2016, c.53, s.24
Suspension or removal
Repealed: 2016, c.53, s.24
2013, c.1, s.5; 2016, c.53, s.24
24Repealed: 2016, c.53, s.24
2013, c.1, s.5; 2016, c.53, s.24
Vacancy
Repealed: 2016, c.53, s.24
2016, c.53, s.24
25Repealed: 2016, c.53, s.24
2013, c.1, s.5; 2016, c.53, s.24
Remuneration
Repealed: 2016, c.53, s.24
2016, c.53, s.24
26Repealed: 2016, c.53, s.24
2016, c.53, s.24
Staff
Repealed: 2016, c.53, s.24
2016, c.53, s.24
27Repealed: 2016, c.53, s.24
2016, c.53, s.24
General duties
28The Commissioner shall promote the understanding by members of their obligations under this Act by
(a) personal discussion with members, and in particular when consulting with them about their disclosure statements, and
(b) preparing and disseminating written information about disclosure statements.
2016, c.53, s.24; 2017, c.15, s.26
General duties
29The Commissioner may give advice and recommendations of general application to members or former members respecting the obligations of members or former members under this Act.
2016, c.53, s.24; 2017, c.15, s.27
Advice and recommendations
30(1)A member or former member may request the Commissioner to give advice and recommendations on any matter respecting the obligations of the member or former member under this Act.
30(1.1)The Commissioner may require that a member or former member make the request for advice and recommendations in writing.
30(2)The Commissioner may make such inquiries that the Commissioner considers appropriate and shall provide the member or former member with written advice and recommendations which
(a) shall state the material facts either expressly or by incorporating the facts provided by the member or former member,
(b) shall be based on the facts referred to in paragraph (a), and
(c) may be based on any other considerations the Commissioner considers appropriate.
30(3)The advice and recommendations of the Commissioner are confidential until released by the member or former member or with his or her consent.
30(4)If a member or former member has, with respect to the advice and recommendations,
(a) communicated the material facts to the Commissioner, and
(b) complied with any recommendations contained in the advice and recommendations of the Commissioner,
no proceeding or prosecution shall be taken against the member or former member under this Act by reason only of the facts so communicated and the member’s or former member’s compliance with the recommendations.
2003, c.8, s.3; 2016, c.53, s.24; 2017, c.15, s.28
Advice and recommendations
30.1(1)The Premier may request the Commissioner to give advice and recommendations on any matter respecting the obligations under this Act of a member of the Executive Council.
30.1(2)The Commissioner may make such inquiries that the Commissioner considers appropriate and shall provide the Premier with written advice and recommendations which
(a) shall state the material facts either expressly or by incorporating the facts provided by the Premier,
(b) shall be based on the facts referred to in paragraph (a), and
(c) may be based on any other considerations the Commissioner considers appropriate.
30.1(3)The advice and recommendations of the Commissioner are confidential unless released by the Premier or with his or her consent.
2003, c.8, s.4; 2016, c.53, s.24; 2017, c.15, s.29
Annual report
31(1)The Commissioner shall in each year submit to the Speaker an annual report describing the progress and activities of the Commissioner in the previous year, but shall not reveal information that would otherwise identify a person from its release.
31(2)Subsection (1) does not apply in respect of an inquiry under section 37 or a report under section 40.
31(3)The Speaker shall lay before the Assembly each report received by the Speaker under subsection (1).
2007, c.30, s.24; 2016, c.53, s.24; 2017, c.15, s.30
Extension of time
32The Commissioner may, upon application, extend the time within which any action is required to be taken by a member under any provision of this Act, whether the application is made before or after the expiration of the period of time.
2016, c.53, s.24; 2017, c.15, s.31
Confidentiality
Repealed: 2016, c.53, s.24
2016, c.53, s.24
33Repealed: 2016, c.53, s.24
2016, c.53, s.24
Personal liability
Repealed: 2016, c.53, s.24
2016, c.53, s.24
34Repealed: 2016, c.53, s.24
2016, c.53, s.24
Protection of employee from reprisal
2017, c.15, s.32
34.1(1)No member shall take a reprisal against an employee or direct that one be taken against an employee because the employee has, in good faith, provided information or given evidence in a proceeding under this Act to the Commissioner or to a person employed in the Office of the Integrity Commissioner.
34.1(2)A person who violates or fails to comply with subsection (1) commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category G offence.
2017, c.15, s.32
Testimony
Repealed: 2016, c.53, s.24
2016, c.53, s.24
35Repealed: 2016, c.53, s.24
2016, c.53, s.24
INVESTIGATION
INTO BREACHES
Request for investigation
36(1)Any person may request in writing that the Commissioner investigate an alleged breach of this Act by a member.
36(2)A request under subsection (1) shall be in the form of an affidavit and shall set out the grounds for the belief and the nature of the alleged breach.
36(3)The Assembly may, by resolution, request that the Commissioner investigate any matter respecting an alleged breach of this Act by a member.
36(4)Where a matter has been referred to the Commissioner under this section, neither the Assembly nor a committee of it shall inquire into the matter.
2016, c.53, s.24; 2017, c.15, s.33
Investigation and inquiry
37(1)On receiving a request under section 36, the Commissioner may conduct an investigation with or without conducting an inquiry.
37(2)The Commissioner shall provide the member or former member who is the subject of the investigation with reasonable notice and shall give the member or former member an opportunity to respond to the allegation.
37(2.1)When the Commissioner conducts an investigation or an inquiry under this section, the member or former member who is the subject of the request under section 36 shall respond promptly and completely to all of the Commissioner’s questions and requests for information.
37(3)Where the Commissioner elects to conduct an inquiry under this section, the Commissioner has all the powers, privileges and immunities conferred on a commissioner under the Inquiries Act.
37(4)If the Commissioner is of the opinion that the request is frivolous, vexatious or not made in good faith, or that there are no grounds or insufficient grounds for an investigation, the Commissioner may refuse to conduct an investigation, or may cease the investigation.
37(5)If the Commissioner refuses to conduct an investigation or ceases an investigation, the Commissioner shall inform
(a) the member against whom the allegation was made, and
(b) the person who made the request or, if the request was made by the Assembly, the Speaker.
37(5.1)The Commissioner shall suspend an investigation in the following circumstances:
(a) the member who is the subject of the investigation resigns his or her seat;
(b) the member who is the subject of the investigation is a member of the Executive Council who is not elected to the Assembly and ceases to hold office; or
(c) a writ is issued under the Elections Act for an election.
37(5.2)The Commissioner shall continue an investigation that has been suspended under subsection (5.1) if, within 30 days after the date the member resigns or ceases to hold office or the writ is issued,
(a) the former member submits, in writing, a request to the Commissioner that the investigation be continued; or
(b) the person who requested the investigation or, if the Assembly requested the investigation, the Speaker submits, in writing, a request to the Commissioner that the investigation be continued.
37(5.3)An investigation that is suspended because of the issuance of a writ shall not be continued under subsection (5.2) until after polling day in the election.
37(5.4)If an investigation is suspended under subsection (5.1) and is not continued under subsection (5.2), the Commissioner shall cease the investigation and shall inform the former member who is the subject of the investigation and the person who requested the investigation or, if the Assembly requested the investigation, the Speaker, that the investigation will not proceed.
2003, c.8, s.5; 2007, c.30, s.24; 2016, c.53, s.24; 2017, c.15, s.34
Reference to appropriate authorities
38If the Commissioner, when conducting an investigation, determines that there are reasonable grounds to believe there has been a contravention of the Criminal Code (Canada), this Act or any other Act, the Commissioner shall refer the matter to the appropriate authorities and shall suspend the investigation until any resulting police investigation and charge has been finally disposed of, and shall report the suspension to the Speaker.
2007, c.30, s.24; 2016, c.53, s.24; 2017, c.15, s.35
Police investigation or charge
39If the Commissioner, when conducting an investigation, discovers that the subject matter of the investigation is being investigated by police or that a charge has been laid, the Commissioner shall suspend the investigation until the police investigation or charge has been finally disposed of, and shall report the suspension to the Speaker.
2007, c.30, s.24; 2016, c.53, s.24; 2017, c.15, s.36
Report of Commissioner
2016, c.53, s.24
40(1)Where a request is made under section 36 and the Commissioner has determined that the request does not fall within the scope of subsection 37(4), the Commissioner shall, upon completion of an investigation, report to
(a) the Speaker,
(b) the member or former member who is the subject of the investigation,
(c) the leader in the Assembly of the registered political party to which the member or former member belongs, and
(d) if the request was made by a member under subsection 36(1), that member.
40(2)If it appears to the Commissioner that a report may adversely affect a member or former member, the Commissioner shall, before the Commissioner completes the report, inform the member or former member, as the case may be, of the particulars and give the member or former member the opportunity to make representations.
40(3)The report of the Commissioner shall set out
(a) the facts found by the Commissioner,
(b) the findings as to whether or not a member or former member has breached the Act and the nature of the breach, and
(c) the recommended sanction, if any.
40(4)The Commissioner’s report shall remain confidential until it is laid before the Assembly or filed with the Clerk of the Assembly under section 42 and no person shall disclose all or any portion of it before that time.
2003, c.8, s.6; 2007, c.30, s.24; 2016, c.53, s.24; 2017, c.15, s.37
Recommended sanctions
41(1) When the Commissioner conducts an investigation under section 37 and finds that a member has breached any of sections 4 to 6, 8 to 11.1 or 13 to 17.1, inclusive, or section 34.1, or has failed to file a gift disclosure statement, a private disclosure statement or a statement of material change within the time provided by this Act or has failed to disclose relevant information in that statement, the Commissioner may recommend
(a) that the member be reprimanded,
(b) that the Assembly impose a penalty on the member in an amount recommended by the Commissioner,
(c) that the member’s right to sit and vote in the Assembly be suspended for a specified period or until the fulfilment of a condition, or
(d) that the member be expelled from membership in the Assembly and the member’s seat be declared vacant.
41(1.1)When the Commissioner continues an investigation that was suspended under paragraph 37(5.1)(a) or (b) and finds that a former member has breached any of sections 4 to 6, 8 to 11.1 or 13 to 17.1, inclusive, or section 34.1, or has failed to file a gift disclosure statement, a private disclosure statement or a statement of material change within the time provided by this Act or has failed to disclose relevant information in that statement, the Commissioner shall submit to the Assembly a report setting out his or her findings.
41(2)The Commissioner may also recommend the alternative of a lesser sanction or no sanction if the member carries out the recommendations in the report to rectify the breach.
41(3)If the Commissioner determines that a breach occurred although the member took all reasonable measures to prevent it, or that a breach occurred that was trivial or committed through inadvertence or an error of judgment made in good faith, the Commissioner shall so state in the report and shall recommend that no sanction be imposed.
2013, c.4, s.5; 2016, c.53, s.24; 2017, c.15, s.38; 2017, c.65, s.8
Recommendation regarding legal fees and disbursements
2013, c.4, s.6
41.1If the Commissioner makes a recommendation under section 41 in respect of a member, he or she may also recommend that the member reimburse the Crown for any legal fees and disbursements paid on his or her behalf in connection with the investigation conducted by the Commissioner.
2013, c.4, s.6; 2016, c.53, s.24; 2017, c.15, s.39
Report laid before Assembly
42 On receipt of a report under subsection 40(1) or 41(1.1), the Speaker shall
(a) if the Assembly is sitting, lay the report before the Assembly as soon as practicable, or
(b) if the Assembly is not sitting, immediately file the report with the Clerk of the Assembly, who shall make copies of the report available to all members as soon as practicable.
2003, c.8, s.7; 2007, c.30, s.24; 2017, c.15, s.40
Powers of the Assembly
43(1)The Assembly may accept or reject the recommendations of the Commissioner under subsection 34(1) or substitute its own findings and may, if it determines that there is a breach,
(a) impose the sanction recommended by the Commissioner,
(b) vary the sanction recommended by the Commissioner,
(c) impose any other sanction referred to in subsection 41(1) that it considers appropriate, or
(d) impose no sanction.
43(1.001)Despite subsection (1), when the Commissioner makes a recommendation under section 41.1, the Assembly shall order the member to reimburse the Crown for all of the legal fees and disbursements recommended by the Commissioner.
43(1.002)The Assembly may accept or reject the findings of the Commissioner under subsection 41(1.1) or substitute its own findings and may, if it determines that there is a breach,
(a) impose any sanction referred to in subsection 41(1) that it considers appropriate, or
(b) impose no sanction.
43(1.01)Repealed: 2017, c.15, s.41
43(1.1)The Assembly shall exercise its authority under subsections (1), (1.001) and (1.002)
(a) when the Commissioner’s report was laid before the Assembly under paragraph 42(a), within 30 days after the laying of the report or within the period determined by a resolution of the Assembly, or
(b) when the Commissioner’s report was filed with the Clerk of the Assembly under paragraph 42(b), within 30 days after the commencement of the next sitting or within the period determined by a resolution of the Assembly.
43(2)The decision of the Assembly is final and conclusive.
43(3)Notwithstanding the Legislative Assembly Act, where the Assembly imposes a monetary penalty on a member, the amount of the penalty may be deducted from any amount, indemnity, salary or allowance the member is otherwise entitled to receive under that Act.
43(3.1)Subsection (3) applies with the necessary modifications when the Assembly makes an order under subsection (1.001).
43(4)If the seat of a member of the Assembly is declared vacant, section 27 of the Legislative Assembly Act applies with the necessary modifications.
2003, c.8, s.8; 2013, c.4, s.7; 2015, c.5, s.5; 2016, c.53, s.24; 2017, c.15, s.41
MISCELLANEOUS
Review of Act
2003, c.8, s.9
43.1(1)The Commissioner shall initiate a review of this Act within five years after the coming into force of this section and subsequently within five years after each time the committee submits a report under subsection (3).
43.1(2)When the Commissioner has completed a review under subsection (1), the Commissioner shall prepare a report on the review and submit it to the Legislative Administration Committee or to such other committee of the Assembly as may be determined by a resolution of the Assembly.
43.1(3)The committee which has received the Commissioner’s report under subsection (2) shall review it and then prepare and submit a report on its review, including any recommendations for amendments to this Act, to the Assembly within one year after the committee has received the Commissioner’s report.
2003, c.8, s.9; 2016, c.53, s.24; 2017, c.15, s.42
Transitional provisions
Repealed: 2017, c.15, s.43
2017, c.15, s.43
44Repealed: 2017, c.15, s.44
2017, c.15, s.44
Repealed
45Repealed: 2017, c.15, s.45
2017, c.15, s.45
Commencement
46This Act or any provision of it comes into force on a day or days to be fixed by proclamation.
N.B. Sections 22 and 26 of this Act were proclaimed and came into force February 1, 2000.
N.B. Sections 1-21, 23-25 and 27-45 of this Act were proclaimed and came into force May 1, 2000.
N.B. This Act is consolidated to June 16, 2023.