Acts and Regulations

2017, c.18 - Local Governance Act

Section 89
Disposition versions

Full text
Conflict of interest – member or senior officer
89(1)Subject to subsection (2) and section 90, for the purposes of this Act a member or a senior officer has a conflict of interest if
(a) the member, senior officer or family associate
(i) has or proposes to have an interest in a contract in which the council, local board or committee of which the person is a member or by whom the person is employed or was appointed has an interest, or
(ii) has an interest in any other matter in which the council, local board or committee is concerned that would be of financial benefit to the member, senior officer or family associate,
(b) the member, senior officer or family associate is a shareholder in or is a director or an officer of a private corporation that
(i) has or proposes to have an interest in a contract with the council, local board or committee, or
(ii) has an interest in any other matter in which the council, local board or committee is concerned that would be of financial benefit to the corporation,
(c) the member, senior officer or family associate has a controlling interest in or is a director or an officer of a public corporation that
(i) has or proposes to have an interest in a contract with the council, local board or committee, or
(ii) has an interest in any other matter in which the council, local board or committee is concerned that would be of financial benefit to the corporation, or
(d) the member, senior officer or a family associate would otherwise benefit financially by a decision of the council, local board or committee in a contract, proposed contract or other matter in which the council, local board or committee is concerned.
89(2)A member or a senior officer does not have a conflict of interest by reason of a family associate’s interest as described in paragraph (1)(a), (b), (c) or (d) unless the member or senior officer knew or ought reasonably to have known of the family associate’s interest.
89(3)If a trade union has entered into or is seeking to enter into a collective agreement with a local government or a local board, a member who belongs to or is employed by the trade union has a conflict of interest with respect to any matter relating to the administration or negotiation of the collective agreement.
2021, c.44, s.4
Conflict of interest – member or senior officer
89(1)Subject to subsection (2) and section 90, for the purposes of this Act a member or a senior officer has a conflict of interest if
(a) the member, senior officer or family associate
(i) has or proposes to have an interest in a contract in which the council, local board or committee of which he or she is a member or by whom he or she is employed or was appointed has an interest, or
(ii) has an interest in any other matter in which the council, local board or committee is concerned that would be of financial benefit to the member, senior officer or family associate,
(b) the member, senior officer or family associate is a shareholder in or is a director or an officer of a private corporation that
(i) has or proposes to have an interest in a contract with the council, local board or committee, or
(ii) has an interest in any other matter in which the council, local board or committee is concerned that would be of financial benefit to the corporation,
(c) the member, senior officer or family associate has a controlling interest in or is a director or an officer of a public corporation that
(i) has or proposes to have an interest in a contract with the council, local board or committee, or
(ii) has an interest in any other matter in which the council, local board or committee is concerned that would be of financial benefit to the corporation, or
(d) the member, senior officer or a family associate would otherwise benefit financially by a decision of the council, local board or committee in a contract, proposed contract or other matter in which the council, local board or committee is concerned.
89(2)A member or a senior officer does not have a conflict of interest by reason of a family associate’s interest as described in paragraph (1)(a), (b), (c) or (d) unless the member or senior officer knew or ought reasonably to have known of the family associate’s interest.
89(3)If a trade union has entered into or is seeking to enter into a collective agreement with a local government or a local board, a member who belongs to or is employed by the trade union has a conflict of interest with respect to any matter relating to the administration or negotiation of the collective agreement.
Conflict of interest – member or senior officer
89(1)Subject to subsection (2) and section 90, for the purposes of this Act a member or a senior officer has a conflict of interest if
(a) the member, senior officer or family associate
(i) has or proposes to have an interest in a contract in which the council, local board or committee of which he or she is a member or by whom he or she is employed or was appointed has an interest, or
(ii) has an interest in any other matter in which the council, local board or committee is concerned that would be of financial benefit to the member, senior officer or family associate,
(b) the member, senior officer or family associate is a shareholder in or is a director or an officer of a private corporation that
(i) has or proposes to have an interest in a contract with the council, local board or committee, or
(ii) has an interest in any other matter in which the council, local board or committee is concerned that would be of financial benefit to the corporation,
(c) the member, senior officer or family associate has a controlling interest in or is a director or an officer of a public corporation that
(i) has or proposes to have an interest in a contract with the council, local board or committee, or
(ii) has an interest in any other matter in which the council, local board or committee is concerned that would be of financial benefit to the corporation, or
(d) the member, senior officer or a family associate would otherwise benefit financially by a decision of the council, local board or committee in a contract, proposed contract or other matter in which the council, local board or committee is concerned.
89(2)A member or a senior officer does not have a conflict of interest by reason of a family associate’s interest as described in paragraph (1)(a), (b), (c) or (d) unless the member or senior officer knew or ought reasonably to have known of the family associate’s interest.
89(3)If a trade union has entered into or is seeking to enter into a collective agreement with a local government or a local board, a member who belongs to or is employed by the trade union has a conflict of interest with respect to any matter relating to the administration or negotiation of the collective agreement.