BILL 65

 

An Act to Amend the Conflict of Interest Act

 

 

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

1 Section 1 of the Conflict of Interest Act, chapter C-16.1 of the Acts of New Brunswick, 1978, is amended

(a) by repealing the definition "member of the Legislative Assembly";

(b) by repealing the definition "registered district association";

(c) by repealing the definition "registered political party".

2 The Act is amended by striking out the heading "MEMBERS OF THE LEGISLATIVE ASSEMBLY" preceding section 2.

3 Section 2 of the Act is repealed.

4 The Act is amended by striking out the heading "CABINET MINISTERS" preceding section 3.

5 Section 3 of the Act is repealed.

6 Section 3.1 of the Act is repealed.

7 Subsection 8(1) of the Act is amended by striking out "All members of the Legislative Assembly, Cabinet Ministers, executive staff members, Deputy Ministers and heads of Crown corporations shall, prior to taking office under their respective appointments or elections" and substituting "All executive staff members, Deputy Ministers and heads of Crown corporations shall, prior to taking office under their respective appointments".

8 Section 9 of the Act is amended by striking out "a Cabinet Minister,".

 

9 Subsection 10(2) of the Act is amended

(a) by repealing paragraph (a);

(b) in paragraph (b) by striking out "2(1)(b),";

 

 

(c) in paragraph (c) by striking out "2(1)(c),";

(d) by repealing paragraph (d);

(e) in paragraph (e) by striking out "2(1)(e) or";

(f) in paragraph (f) by striking out "2(1)(f), 3(c)";

(g) in paragraph (g) by striking out "3(a),";

(h) in paragraph (h) by striking out "3(b),";

(i) in paragraph (i) by striking out "3(d),".

10 The Act is amended by adding after section 11 the following:

POST-EMPLOYMENT
RESTRICTIONS

11.1(1) A former Deputy Minister, head of a Crown corporation or executive staff member shall not, unless twelve months have expired after the date when he or she ceased to be employed as a Deputy Minister, head of a Crown corporation or executive staff member, as the case may be,

(a) accept a contract or benefit from the Crown, or

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

11.1(2) Subsection (1) does not apply

(a) to contracts or benefits with respect to further duties in 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.

 

11.1(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.

 

11.1(4) In this section "Crown" means Her Majesty in right of New Brunswick and includes Crown corporations.

11(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 dealt with and completed in accordance with the law as it existed immediately before the commencement of this subsection.

11(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 has 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 and completed in accordance with the law as it existed immediately before the commencement of this subsection.

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

 

EXPLANATORY NOTES

Section 1

These amendments are consequential on the amendments in section 3 and section 5 of this amending Act.

Section 2

This amendment is consequential on the amendment in section 3 of this amending Act.

Section 3

The existing provision is as follows:

2(1) It is a conflict of interest for a member of the Legislative Assembly

(a) to hold any office of emolument in the gift or disposal of the Government of the Province or under any department thereof;

(b) to be a person, or to be a director, officer or shareholder of any person which is an incorporated company, holding or engaging in, undertaking or executing, directly or indirectly, alone or with any other, by himself or by the interposition of a trustee or third party excepting a blind trust, any contract or agreement with Her Majesty, or with any public officer, department or agency with respect to the public service of the Province or under which any public money of the Province is expended for any service or work, matter or thing;

 

(c) to be a surety or guarantor for any person referred to in paragraph (b) other than an incorporated company in which he is not a shareholder;

(d) to hold any permanent office, commission or appointment in the service of the Government of Canada, or any department thereof requiring his full time services, with a salary or emolument directly or indirectly attached thereto, by whomsoever to be paid or allowed or howsoever payable;

(e) to be a commissioner, appraiser or arbitrator to investigate, adjust, settle or determine any claim, matter or difference to which the Government of the Province is a party, or to investigate or inquire into the management of affairs in any public institution in the Province;

 

(f) to make use in any way, to his personal gain or to the gain of others, of any privileged information or position to which he may have access or to which he is privy as a member of the Legislative Assembly.

2(2) Nothing in this section applies to any member of the Legislative Assembly by reason of his being

(a) in receipt of a superannuation allowance, a pension for disability caused by military service, a provincial salary as a teacher, a pension under the Old Age Assistance Act, Chapter O-5 of the Revised Statutes of Canada, 1970, or the Old Age Security Act, Chapter O-6 of the Revised Statutes of Canada, 1970, or any loan from the Federal Government, or compensation as the result of an expropriation;

 

(a.1) in receipt of a salary, financial assistance or other benefit from a registered political party or a registered district association of which he is a member;

(a.2) the holder of the office of Chairman of the board of directors of the New Brunswick Power Corporation, and in receipt of a salary or allowance with respect thereto;

(b) employed by any patriotic committee or organization to whom funds may be contributed wholly or in part by the Province;

(c) a coroner or notary public;

(d) a person referred to in paragraph (1)(b), in respect of a contract or agreement for the sale or purchase of goods or services not required to be purchased in accordance with the Public Purchasing Act and not purchased pursuant to tender;

(e) in receipt of or entitled to receive payment in connection with any medical, health, welfare or legal aid program of the Government of the Province;

(f) a person who is a surety for a sheriff, registrar or other public officer;

(g) a member of Her Majesty’s armed forces;

(h) insured under a contract of group life insurance in which all members of the Legislative Assembly may participate and for which the premiums may be contributed wholly or in part by the Province; or

(i) in receipt of, or by reason of his having received or having agreed to receive any service, commodity, fee, refund, compensation, rebate, loan, guarantee, subsidy or other 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 this 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 him.

 

 

Section 4

This amendment is consequential on the amendment in section 5 of this amending Act.

Section 5

The existing provision is as follows:

3 In addition to section 2, it is a conflict of interest for a Cabinet Minister, during the period he holds such office,

(a) to carry on business other than as a Cabinet Minister, except as may be determined by the designated judge pursuant to section 10 not to be a conflict of interest;

 

(b) to accept any fees, gifts, gratuities or other benefits which could reasonably be deemed to influence his decision as a Cabinet Minister in any manner in respect to the carriage of his functions as Cabinet Minister;

(c) to make use in any way, to his personal gain or the gain of others, of any privileged information or position to which he may have access or to which he is privy; and

(d) to hold or in any way to be involved with any office or position, the duties, responsibilities or interests of which may interfere in any way with his duties, responsibilities and interests as Cabinet Minister.

Section 6

The existing provision is as follows:

3.1 Nothing in section 3 applies to any Cabinet Minister by reason of his being in receipt of a salary, financial assistance or other benefit from a registered political party or a registered district association of which he is a member.

Section 7

This amendment is consequential on the amendments in sections 3 and 5 of this amending Act.

Section 8

This amendment is consequential on the amendment in section 5 of this amending Act.

Section 9

This amendment is consequential on the amendments in sections 3 and 5 of this amending Act.

Section 10

New provision.

Section 11

Transitional provision.

Section 12

Commencement provision.