BILL 64 Membersí Conflict of Interest Act

BILL 64

Membersí Conflict of Interest Act

 

 

 

 

Chapter Outline

INTERPRETATION

Definitions 1

Assembly ó Assemblée

blind trust ó fiducie sans droit de regard

child ó enfant

Commissioner ó Commissaire

Crown ó Couronne

member ó deputé ou membre du Conseil exécutif

private corporation ó corporation privée

private interest ó intérêt privé

registered district association ó association de
circonscription enregistrée

registered political party ó parti politique enregistré

Speaker ó Orateur

spouse ó conjoint

Deemed member 2

Blind trust 3

PROVISIONS APPLYING TO ALL MEMBERS

Conflict of interest 4

Insider information 5

Influence 6

Activities on behalf of constituents 7

Gifts 8

Contracts with the Crown 9

Offices and employment 10, 11

Exceptions 12

Procedure on conflict of interest 13

PROVISIONS APPLYING TO MEMBERS OF THE
EXECUTIVE COUNCIL

Prohibited activities 14(1)

Approval by Commissioner 14(2)

Blind trust 14(3)

Time for compliance 14(4)

Procedure on conflict of interest 15

Restrictions applicable to Executive Council 16


Restrictions applicable to former members 17(1)

Exceptions 17(2)

Penalty 17(3)

DISCLOSURE

Private disclosure statement 18

Failure to file private disclosure statement 19

Public disclosure statement 20

Destruction of records 21

CONFLICT OF INTEREST COMMISSIONER

Appointment 22

Resignation 23

Removal 24

Vacancy 25

Remuneration 26

Staff 27

General duties 28, 29

Advice and recommendations 30

Annual report 31

Extension of time 32

Confidentiality 33

Personal liability 34

Testimony 35

INVESTIGATION INTO BREACHES

Request for investigation 36

Investigation and inquiry 37

Reference to appropriate authorities 38

Police investigation or charge 39

Report of Commissioner 40

Recommended sanctions 41

Report laid before Assembly 42

Powers of Assembly 43

MISCELLANEOUS

Transitional provisions 44, 45

Commencement 46

 

 

 

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

INTERPRETATION

Definitions

1 In this Act

"Assembly" means the Legislative Assembly of New Brunswick;

"blind trust" means a trust that meets the requirements of section 3;

"child" includes a child to whom a member has demonstrated a settled intention to treat as a child of his or her family;

"Commissioner" means the Conflict of Interest Commissioner appointed under section 22;

"Crown" means Her Majesty the Queen in right of New Brunswick and includes Crown corporations;

"member" means a member of the Legislative Assembly and includes a member of the Executive Council;

"private corporation" means a corporation none of whose shares are publicly traded securities;

"private interest" does not include an interest in a matter

(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;

"registered district association" means a district association that has been registered under section 135 of the Elections Act;

"registered political party" means a political party that has been registered under section 133 of the Elections Act;

"Speaker" means the Speaker of the Legislative Assembly of New Brunswick;

"spouse" means a person who is married to a member or a person who is living with a member as husband and wife, but does not include a husband or a wife who is separated and living apart from a member and who

(a) has entered into a written agreement under which they have agreed to live apart, or

(b) is subject to an order of the court recognizing the separation.

 

 

 

 

 

 

 

 

Deemed member

2 For 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.

Blind trust

3 For 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 armís 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 trustís net income for the preceding year and the trusteesí fees, if any;

 

(e) where the assets in a trust consist of securities, stocks, futures or commodities, the trustees 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.

 

PROVISIONS APPLYING TO
ALL MEMBERS

Conflict of interest

4 A 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 memberís private interest or to further another personís private interest.

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 memberís private interest or to further or seek to further another personís 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.

Influence

6 A member shall not use his or her office to seek to influence a decision made by another person so as to further the memberís private interest or to further another personís private interest.

 

 

Activities on behalf of constituents

7 This Act does not prohibit the activities in which members of the Assembly normally engage on behalf of constituents.

Gifts

8(1) A 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 memberís 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 file a gift disclosure statement with the Commissioner without delay.

 

 

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.

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 memberís election to the Assembly, or before the memberís 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 memberís 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.

 

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 memberís interest in the partnership or corporation was acquired by inheritance.

 

Offices and employment

10 A 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.

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 memberís 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.

Exceptions

12 Except as otherwise provided in section 14, nothing in this Act applies to a member by reason of the member being

 

 

(a) in receipt of 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,

(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 Her Majestyís 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.

Procedure on conflict of interest

13 A 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.

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 memberís 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 memberís 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.

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.

Time for compliance

14(4) A person who becomes a member of the Executive Council shall comply with subsection (1), or obtain the Commissionerís approval under subsection (2), within sixty days after the appointment.

Procedure on conflict of interest

15 A 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 memberís 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 memberís 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) to contracts or benefits with respect to further duties in the service of the Crown, or

 

(b) if the conditions on which the contract or benefit is awarded, approved or granted are the same for all persons similarly entitled.

 

Restrictions applicable to former members

17(1) No former member of the Executive Council shall, unless twelve months have expired after the date when he or she ceased to hold office as a member of the Executive Council,

(a) accept a contract or benefit that is awarded, approved or granted by the Executive Council, a member of the Executive Council or an employee of a department or office of the Government of New Brunswick or a Crown corporation, or

(b) make representations on his or her own behalf or on behalf of any other person with respect to a contract or benefit.

Exceptions

17(2) Subsection (1) does not apply

(a) to contracts or benefits with respect to further duties in the service of the Crown, or

 

(b) if the conditions on which the contract or benefit is awarded, approved or granted are the same for all persons similarly entitled.

 

Penalty

17(3) A person who violates or fails to comply with subsection (1) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a Category I offence.

 

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) Every person who is a member on the coming into force of this section shall file a private disclosure statement within sixty days after the coming into force of this section.

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, so far as is known by the member, of the memberís spouse and minor children, and of private corporations controlled by the member, the memberís spouse and minor children, or any of them, and

 

 

(b) any salary, financial assistance or other benefit the member has received from a registered political party or a registered district association of which he or she is a member during the preceding twelve months, or is likely to receive during the next twelve months.

 

18(5) The following is not required to be disclosed in a private disclosure statement with respect to a member or the memberís spouse or minor children:

(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; and

 

(e) any property that has been placed in a blind trust.

18(6) After a private disclosure statement is filed under this section, the Commissioner shall consult with the member, and the memberís spouse, if available, to ensure that adequate disclosure has been made and to provide advice on the memberís 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 spouse and minor children, 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, or

 

(c) after an event causes a person to become or cease to be a member of the memberís family,

 

if the change or event would reasonably be expected to have a significant effect on the information previously disclosed.

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(2) Where a member fails to file a private disclosure statement by the date specified by the Commissioner under subsection (1), the Commissioner shall prepare a report with the name of the member who has failed to file the statement 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.

 

 

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 twelve months, or is likely to receive during the next twelve months, and

 

(c) state any gifts or benefits that have been disclosed to the Commissioner by the member under subsection 8(2) within the preceding twelve months.

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 Commissionerís 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 personís 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 Legislative Assembly.

20(8) The Clerk of the Legislative 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.

 

Destruction of records

21(1) The Commissioner shall destroy any record in his or her possession that relates to a former member, or to the spouse or minor child 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 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 or charge has been finally disposed of.

 

CONFLICT OF INTEREST
COMMISSIONER

Appointment

22(1) There shall be a Conflict of Interest Commissioner who shall be appointed by the Lieutenant-Governor in Council on recommendation of the Assembly.

22(2) The Premier shall consult with the leader of the opposition and the leaders of the other political parties in the Assembly before a recommendation is made under subsection (1).

22(3) The person appointed shall hold office for a term of five years and may be reappointed.

 

22(4) The person appointed continues to hold office after the expiry of the term until reappointed, or until a successor is appointed.

 

Resignation

23 The Commissioner may resign the office at any time by giving written notice

(a) to the Speaker, or

(b) if there is no Speaker or if the Speaker is absent from New Brunswick, to the President of the Executive Council.

Removal

24 On recommendation of the Assembly, the Lieutenant-Governor in Council may remove the Commissioner from office for cause or incapacity due to illness.

Vacancy

25(1) The Lieutenant-Governor in Council may appoint an acting Commissioner if

(a) the office of Commissioner becomes vacant during a sitting of the Assembly, but the Assembly does not make a recommendation under section 22 before the end of the sitting, or

(b) the office of Commissioner becomes vacant while the Assembly is not sitting.

25(2) The appointment of the acting Commissioner comes to an end when a new Commissioner is appointed under section 22.

25(3) If the Commissioner is unable to act because of illness, the Lieutenant-Governor in Council may appoint an acting Commissioner, whose appointment comes to an end when the Commissioner is again able to act or when the office becomes vacant.

Remuneration

26 The Commissioner is entitled to be paid

(a) a salary to be fixed by the Lieutenant-Governor in Council, and

(b) an allowance for travelling and other expenses incurred in the performance of the duties of the Commissioner at a rate approved by the Lieutenant-Governor in Council.

Staff

27 The persons who are necessary for the performance of the Commissionerís duties shall be provided through the Office of the Legislative Assembly.

General duties

28 The 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.

29 The 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.

 

 

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(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 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 memberís or former memberís compliance with the recommendations.

 

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).

Extension of time

32 The 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.

 

Confidentiality

33 Information disclosed to the Commissioner under this Act is confidential and shall not be disclosed to any person except

(a) by the person to whom the information relates or with his or her consent,

(b) in a criminal proceeding, as required by law, or

(c) for the purposes of this Act.

Personal liability

34(1) No action or other proceeding lies against the Commissioner or any former Commissioner or any person provided through the Office of the Legislative Assembly under section 27 for any act done in good faith under this Act.

 

34(2) No action or other proceeding lies against any person who in good faith provides information or gives evidence in a proceeding under this Act to the Commissioner or to a person provided through the Office of the Legislative Assembly under section 27.

 

Testimony

35 No Commissioner, former Commissioner or person provided through the Office of the Legislative Assembly under section 27 is a competent or compellable witness in a civil proceeding outside the Assembly in connection with anything done under this Act.

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.

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 who is the subject of the investigation with reasonable notice and shall give the member an opportunity to respond to the allegation.

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.

Reference to appropriate authorities

38 If the Commissioner, when conducting an investigation, determines that there are reasonable grounds to believe there has been a contravention of the Criminal Code (Canada) 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.

Police investigation or charge

39 If 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.

Report of Commissioner

40(1) Where an investigation under section 37 is completed, the Commissioner shall report to the Speaker and to the member who is the subject of the investigation.

 

40(2) Where it appears to the Commissioner that a report may adversely affect a member, the Commissioner shall inform the member of the particulars and give the member the opportunity to make representations before the Commissioner completes the report.

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 has breached the Act and the nature of the breach, and

 

(c) the recommended sanction, if any.

Recommended sanctions

41(1) Where the Commissioner conducts an investigation under section 37 and finds that a member has breached any of sections 4 to 6, 8 to 11 or 13 to 17, inclusive, 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 a member in an amount recommended by the Commissioner,

(c) that the memberís right to sit and vote in the Assembly be suspended for a specified period or until the fulfillment of a condition, or

 

(d) that the member be expelled from membership in the Assembly and the memberís seat be declared vacant.

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.

 

 

Report laid before Assembly

42 On receipt of a report under subsection 41(1), the Speaker shall lay the report before the Assembly as soon as is practicable if it is sitting, or if it is not sitting, within fifteen days after the commencement of the next sitting.

Powers of the Assembly

43(1) The Assembly may accept or reject the findings of the Commissioner 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(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) If a memberís seat is declared vacant, section 24 of the Legislative Assembly Act applies with the necessary modifications.

MISCELLANEOUS

Transitional provisions

44(1) For the purposes of appointing the first Conflict of Interest Commissioner, if the Legislative Assembly is not sitting, the Lieutenant-Governor in Council, on the recommendation of the Premier, may appoint a Commissioner and, unless the office sooner becomes vacant, the person so appointed holds office until the appointment is confirmed or rejected by the Assembly.

44(2) Before the Premier makes a recommendation under subsection (1), the Premier shall consult with the leaders of the political parties having representation in the Assembly during the most recent sitting.

45(1) Any application made under subsection 8(4) of the Conflict of Interest Act with respect to a member of the Legislative Assembly or a Cabinet Minister before the commencement of this subsection shall be disposed of in accordance with the law as it existed immediately before the commencement of this subsection.

45(2) Where a member of the Legislative Assembly or a Cabinet Minister is alleged to have a conflict of interest under the Conflict of Interest Act or is alleged to have not complied with the Conflict of Interest Act, and the alleged conflict or non-compliance occurred before the commencement of this subsection, the matter shall be dealt with in accordance with the law as it existed immediately before the commencement of this subsection.

Commencement

46 This Act or any provision of it comes into force on a day or days to be fixed by proclamation.