The Conflict of Interest (Members and Ministers) Act

The Conflict of Interest (Members and Ministers) Act, C.C.S.M. c. C171 (Assented to May 20, 2021) bilingual version (HTML) Table of Contents Section PART 1 INTRODUCTORY PROVISIONS 1 Definitions and application PART 2 CONFLICT OF INTEREST 2 Conflict of interest 3 Decision-making 4 Insider information 5 Influence 6 Activities on behalf of constituents 7 Gifts and personal benefits 8 Private air travel 9 Complimentary event tickets prohibited 10 Government contracts with members 11 Limits on ministers re investments 12 Limits on ministers re outside activities 13 Approved exceptions 14 Time for compliance 15 Application to leaders of other recognized parties 16 Actions if conflict arises PART 3 DISCLOSURE 17 Member's disclosure statement 18 Process for filing disclosure statement 19 Content of disclosure statement 20 Disclosure statements available to public 21 Additional disclosure by ministers 22 Ministers to meet with commissioner 23 Failing to file first disclosure statement 24 Report on non-compliance 25 False or misleading information in statement PART 4 RESTRICTIONS ON FORMER MEMBERS 26 Restriction on use of insider information 27 Transition allowance — activities engaged in after holding office 28 General restrictions — former ministers 29 Employment restrictions for former ministers 30 Restrictions on dealing with former members 31 Waiver or reduction of specified transition period 32 Contravention by former members PART 5 THE COMMISSIONER 33 Appointment of Ethics Commissioner 34 Appointment process 35 Suspension or removal 36 Acting commissioner 37 Role of commissioner 38 Assistance 39 General responsibilities 40 Extension of time 41 Request for commissioner's advice 42 Confidentiality 43 Retention of records PART 6 INQUIRIES AND PENALTIES 44 Commissioner's opinion on matters 45 Limitation period 46 Notice of inquiry 47 Inquiry powers 48 If no reasonable grounds for making request 49 Commissioner's report 50 Commissioner's recommendations 51 Actions by Assembly 52 Court application for restitution 53 Inquiry may be suspended 54 Effect of election or resignation PART 7 GENERAL PROVISIONS 55 Inflation adjustment 56 Annual report 57 Immunity 58 Review of Act PART 8 TRANSITIONAL PROVISIONS 59 Commissioner continues 60 Application of former Act PART 9 RELATED AND CONSEQUENTIAL AMENDMENTS 61-68 Related and consequential amendments PART 10 REPEAL, C.C.S.M. REFERENCE AND COMING INTO FORCE 69 Repeal 70 C.C.S.M. reference 71 Coming into force HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: PART 1 INTRODUCTORY PROVISIONS Definitions 1(1) The following definitions apply in this Act. "child" of a member includes a person to whom a member has demonstrated a settled intention to treat as a child of their family. (« enfant ») "commissioner" means the Ethics Commissioner appointed under section 33. (« commissaire ») "common-law partner" of a member means a person who, although not married to the member, is cohabiting with the member in a conjugal relationship of some permanence. (« conjoint de fait ») "disclosure statement" means a disclosure statement that a member is required to file under section 17. (« déclaration de situation patrimoniale ») "family" of a member includes the following: (a) their spouse or common-law partner; (b) their minor children; (c) any other adult who is related to the member or their spouse or common-law partner, shares a residence with the member and is primarily dependent on the member, spouse or common-law partner for financial support. (« famille ») "government agency" means a board, commission, association or other body, whether or not incorporated, all the members of which, or all the members of the board of management or board of directors of which, are appointed by an Act or by the Lieutenant Governor in Council. (« organisme gouvernemental ») "member" means a member of the Assembly and includes a minister, whether or not the minister is a member of the Assembly. (« député ») "minister" means a member of the Executive Council. (« ministre ») "private interest" does not include an interest in a decision or matter (a) that is of general application; (b) that affects a member as one of a broad class of persons; or (c) that concerns the remuneration, allowances or benefits of a member or of an officer or employee of the Assembly; or an interest that is so remote or insignificant in its nature that it cannot reasonably be regarded as likely to influence the member. (« intérêt personnel ») "spouse" of a member does not include a person from whom the member is separated. (« conjoint ») When does a person assume office? 1(2) Under this Act, a person assumes office (a) as a member when they are elected to the Assembly; and (b) as a minister when they are appointed to the Executive Council. This Act does not apply to certain gifts and personal benefits 1(3) This Act does not apply to (a) complimentary admission provided directly by the host or organizer of an event held by a charitable or not-for-profit organization, where the event is open to members of the public who pay the applicable admission fee; or (b) a gift or personal benefit that is given or made available to all members at the same time and on the same terms. PART 2 CONFLICT OF INTEREST CONFLICT PROVISIONS FOR ALL MEMBERS Conflict of interest 2 For the purpose of this Act, a member is in a conflict of interest when the member exercises an official power, duty or function that provides an opportunity to further their private interests or those of their family or to improperly further another person's private interests. Decision-making 3 A member must not make a decision or participate in making a decision related to the exercise of an official power, duty or function if the member knows or reasonably should know that, in making the decision, the member would be in a conflict of interest. Insider information 4 A member must not use or communicate information that is obtained in their position as a member and that is not available to the public to further or seek to further the member's private interests or those of their family or to improperly further or seek to further another person's private interests. Influence 5 A member must not use their position to seek to influence a decision of another person so as to further the member's private interests or those of their family or to improperly further another person's private interests. Activities on behalf of constituents 6 This Act does not prohibit the activities that members of the Assembly normally engage in on behalf of constituents. Gifts and personal benefits 7(1) This section applies only in respect of a gift or personal benefit that is connected directly or indirectly with the performance of a member's official powers, duties or functions (referred to in this section as a "gift or benefit"). Prohibition re gifts or benefits exceeding $1,000 7(2) A member, or their family, must not accept a gift or benefit that is more than $1,000 in value. Prohibition re multiple gifts or benefits exceeding $1,000 7(3) A member, or their family, must not accept gifts or benefits from the same source in the same year that, in total, are more than $1,000 in value. Reporting required 7(4) If a member accepts a gift or benefit with a value of $250 to $1,000, the member must file with the commissioner a statement indicating the nature of the gift or benefit and its source within 60 days after acceptance. The member must also file a statement for such a gift or benefit accepted by their family. Reporting multiple gifts or benefits from the same source 7(5) If a member accepts gifts or benefits from the same source in the same year that total $250 to $1,000 in value, the member must file with the commissioner a statement indicating the nature of the gifts or benefits and their source within 60 days after acceptance. The member must also file a statement for such gifts or benefits accepted by their family. Gifts of protocol, custom and social obligation 7(6) Despite subsections (2) and (3), a member may accept a gift or benefit, regardless of its value, if it is received as an incident of the protocol, customs or social obligations that normally accompany the performance of a member's official powers, duties or functions. But the member must file with the commissioner a statement indicating the nature of the gift or benefit and the source if it is more than $250 in value (whether one gift or multiple gifts from the same source) within 60 days after acceptance. Guidelines for protocol, custom and social obligation 7(7) The commissioner must establish guidelines to assist members in determining if subsection (6) applies to the acceptance of a gift or benefit. Private air travel 8(1) A member must not accept travel on a non-commercial chartered or private aircraft — other than one owned or leased by the Crown — that is connected, directly or indirectly, with the performance of the member's official powers, duties or functions, unless (a) the member receives approval from the commissioner before accepting the travel; or (b) the travel is required for the performance of the member's office. Commissioner's approval 8(2) For an approval request regarding travel on a non-commercial chartered or private aircraft, the commissioner must consider the following: (a) whether alternative methods of travel are available; (b) whether approving the request will create a conflict or the perception of a conflict between a private interest and the member's official powers, duties or functions and, if so, whether the public benefit of the travel outweighs the conflict or perception of one. Approval to be made public 8(3) Within 30 days after approving a request, the commissioner must make the following information available to the public: (a) the name of the member who accepted the travel; (b) the date, place of origin and destination of the travel; (c) the name of the person who provided the travel; (d) the circumstances in which the travel was accepted; (e) any other information the commissioner determines should be made public. Member to report on required travel 8(4) A member who accepts travel on a non-commercial chartered or private aircraft, as permitted under clause (1)⁠(b), must file with the commissioner a statement containing the information set out in clauses (3)⁠(a) to (e) within 30 days after travelling, and the commissioner must make the statement available to the public. Complimentary event tickets prohibited 9(1) A member must not use a ticket to a sporting or cultural event that came into the possession of the government or a government agency, directly or indirectly, as a result of the government or agency sponsoring or promoting an event or activity. Exception 9(2) This section does not apply to a member who, in their official capacity, participates in the formal agenda of a sporting or cultural event. Government contracts with members 10(1) A member must not knowingly be a party (directly or through a subcontract) to a contract with the government or a government agency under which the member receives a benefit. Interest in partnerships and private corporations 10(2) A member must not have an interest in a partnership or private corporation that is a party (directly or through a subcontract) to a contract with the government or a government agency under which the partnership or corporation receives a benefit. Application to existing contracts 10(3) This section does not apply to a contract that existed before the member assumes office, but it does apply to the contract's renewal or extension. Application to inherited interests 10(4) If an interest in a partnership or private corporation is acquired by inheritance, subsection (2) does not apply until the first anniversary of the acquisition. After that, the member may comply with subsection (2) by entrusting the interest to one or more trustees on the following terms: 1. The provisions of the trust must be approved by the commissioner. 2. The trustees must be persons who are at arm's length from the member and who are approved by the commissioner. 3. The trustees must not consult with the member about managing the trust property, but they may consult with the commissioner. 4. Within 90 days after the formation of the trust, and annually afterwards, the trustees must provide the commissioner with a confidential report, in a form acceptable to the commissioner, disclosing the interests contained in the trust. 5. The member is entitled to be reimbursed by the commissioner for the reasonable costs associated with establishing and administering the trust, as those costs are approved by the commissioner. Exceptions for contracts 10(5) This section does not apply to (a) a contract with the government concerning a member's retirement benefits; or (b) a contract offered by the government or a government agency on the same terms and conditions available to other members of the public under contracts of the same class . Exception if commissioner approves 10(6) This section does not apply if (a) the commissioner is of the opinion that the contract or interest is unlikely to affect the exercise of the member's powers, duties and functions; and (b) the member complies with any conditions respecting the contract or interest that the commissioner may impose. ADDITIONAL CONFLICT PROVISIONS FOR MINISTERS AND LEADERS OF RECOGNIZED OPPOSITION PARTIES Limits on investments 11(1) A minister must not (a) hold or trade in securities or stocks that are not listed on a recognized stock exchange; or (b) hold or trade futures or commodities for speculative purposes. Exceptions 11(2) Clause (1)⁠(a) does not apply (a) to any security or stock that the minister has entrusted to one or more trustees on the terms set out in items 1 to 5 of subsection 10(4); or (b) to assets or liabilities described in subsection 19(4). Limits on outside activities 12(1) A minister must not do any of the following if doing so is likely to conflict, or be seen to conflict, with the minister's official powers, duties or functions: (a) engage in employment or in the practice of a profession; (b) engage in the management of a business carried on by a corporation or carry on business through a partnership or sole proprietorship; (c) hold an office or directorship unless (i) holding the office or directorship is one of the minister's duties as a member of the Executive Council, or (ii) the office or directorship held is in a social club, religious organization or political party. Exception for trusts 12(2) Clause (1)⁠(b) does not apply if the minister has entrusted the business or interest to one or more trustees on the terms set out in items 1 to 5 of subsection 10(4). Exceptions for personal financial matters and maintaining professional qualifications 12(3) For the purpose of this section, (a) the management of routine personal financial interests does not constitute carrying on a business; and (b) maintaining qualifications in a profession or occupation as required by the profession or occupation does not constitute carrying on a business, engaging in employment or engaging in the practice of a profession. Commissioner may approve exceptions 13(1) A minister may engage in an activity prohibited by section 11 or 12 if the following conditions are met: 1. The minister has disclosed all material facts to the commissioner. 2. The commissioner is satisfied that the activity, if carried on in the specified manner, will not create a conflict between the minister's private interests and their official powers, duties or functions. 3. The commissioner has approved the minister being engaged in the activity and has specified the manner in which the activity is to be carried out. 4. The minister carries out the activity in the specified manner. Commissioner must have regard for management arrangements 13(2) In assessing whether to approve an exception under this section in respect of a business, the commissioner must have regard for any management arrangement established for the business under which the minister is precluded from participating in discussions about, or voting on, matters that could affect a private interest of the minister. Time to comply 14 A person who becomes a minister must comply with sections 11 and 12, or obtain the commissioner's approval under section 13, within 90 days after assuming office as a minister. Application to leaders of other recognized parties 15(1) Sections 11 to 13 apply, with necessary changes, to a member who is the leader of the official opposition or the leader of a recognized opposition party, as defined in section 1 of The Legislative Assembly Act . Time to comply 15(2) A member who becomes subject to subsection (1) must comply with that provision within 90 days after becoming the leader of the official opposition or the leader of a recognized opposition party. ACTIONS IF CONFLICT ARISES Procedure on conflict of interest 16(1) A member who has reasonable grounds to believe that they have a conflict of interest in a matter before the Assembly or the Executive Council, or a committee of either of them, or the board of a government agency on which the member serves, must, if present at a meeting considering the matter, (a) disclose the general nature of the conflict of interest; (b) withdraw from the meeting without voting or participating in consideration of the matter; and (c) refrain at all times from trying to influence the matter. Record of disclosure 16(2) When a member has complied with subsection (1), the clerk or the secretary of the meeting must (a) make a record of the disclosure, the general nature of the conflict of interest and the fact that the member withdrew from the meeting; and (b) file a copy of the record with (i) the Clerk of the Executive Council, in the case of a meeting of the Executive Council or a committee of it, or (ii) the commissioner, in any other case. Records concerning Executive Council confidential 16(3) A record filed with the Clerk of the Executive Council is confidential and may not be disclosed or inspected, but the commissioner may inspect the record and use the information in it if it is likely to be material in determining whether a member has contravened this Act. Records available 16(4) The commissioner must make the records that the commissioner receives under subsection (2) available to the public. PART 3 DISCLOSURE PUBLIC DISCLOSURE BY ALL MEMBERS Disclosure statement of members 17(1) Every member must file with the commissioner a statement disclosing their assets, liabilities and sources of income, and those of their family, in a form approved by the commissioner, (a) within 90 days after assuming office; and (b) in each subsequent year, within 60 days after the date established by the commissioner for the annual review. Disclosure of material changes 17(2) A member must file a disclosure statement reporting any material change to the information required under subsection (1) with the commissioner within 60 days after the change. Process for filing 18(1) A member must give the commissioner a draft of their annual disclosure statement within (a) 60 days after assuming office; and (b) 30 days after the date established under clause 17(1)⁠(b). Meeting with the commissioner to review draft 18(2) After filing their draft statement, a member must, on request of the commissioner, meet with the commissioner to (a) ensure that their statement will provide adequate disclosure; and (b) obtain advice about their obligations under this Act. A member's spouse or common-law partner may attend the meeting with the commissioner and may otherwise seek the commissioner's advice. Commissioner may request additional information 18(3) When reviewing a member's draft disclosure statement, the commissioner may request any additional information that the commissioner requires, and a member must comply with the commissioner's request. Commissioner may authorize exclusion of information 18(4) On request of a member, the commissioner may approve that an asset, liability or source of income be excluded from the member's disclosure statement if the commissioner is satisfied that it is of little or no importance and is unlikely to be material in determining if a member is, or is likely to be, in contravention of this Act. Application — disclosure of material changes 18(5) Subsections (2) to (4) apply, with necessary changes, to a disclosure statement reporting a material change that a member is required to file under subsection 17(2). Content of disclosure statement 19(1) A member's disclosure statement must (a) identify the source and nature, but not the value, of the assets and liabilities of the member and their family that are worth more than $5,000; (b) identify the source and nature, not the value, of any income greater than $5,000 that the member or their family has received during the preceding 12 months or is entitled to receive during the next 12 months; (c) identify the property held in every trust known to the member from which the member could, currently or in the future, either directly or indirectly, derive a benefit or income; (d) identify the subject matter and nature of any contract or subcontract that the member or their family — and any private corporation in which any of them has an interest — have with the government; (e) if the statement refers to a private corporation, (i) include any information about the corporation's activities and sources of income that the member is able to obtain by making reasonable inquiries, (ii) state the names of any other corporations with which that corporation is affiliated, (iii) list the names and addresses of all persons who have an interest in the corporation, and (iv) list the real property owned by the corporation; (f) list the directorships or offices in a corporation, trade or professional association or union held by the member or a member of their family, and list all partnerships in which the member or any member of their family is a partner; (g) identify any legal proceedings that the member is aware of being brought against the member; (h) identify support payments in arrears; and (i) set out any other information the commissioner requires. Sources of income 19(2) A source of income under clause (1)⁠(b) is (a) in the case of income from employment, the employer; (b) in the case of income from a contract, the party with whom the contract is made; and (c) in the case of income arising from a business or profession, that business or profession. Disclosure of member's interest 19(3) A member's disclosure statement must state whether the member has obtained the commissioner's approval under subsection 10(6) or section 13 for an activity that would otherwise be prohibited. If so, the disclosure statement must include (a) a description of the activity; and (b) in the case of a business activity, a list of the name and address of each person who has an interest in the business, and a description of the person's relationship to the minister. Excluded matters 19(4) Despite subsection (1), the following are excluded from a member's disclosure statement: (a) a source of income that yielded less than $5,000 during the 12 months preceding the filing of the statement; (b) cash on hand or on deposit with a Canadian financial institution that is entitled to accept deposits; (c) real property that the member uses as a principal residence or that the member or their family uses primarily for recreational purposes; (d) personal property that the member or their family uses primarily for transportation, household, educational, recreational, social or aesthetic purposes; (e) fixed-value securities issued or guaranteed by a Canadian government or by an agency of such a government; (f) an interest in a pension plan, employee benefit plan, annuity or life insurance policy; (g) an investment in an open-ended mutual fund, exchange-traded fund or similar investment vehicle that has broadly based investments not limited to one industry or one sector of the economy; (h) a guaranteed investment certificate or similar financial instrument; (i) an interest or asset that has been entrusted to another person under subsection 10(4) or 12(2); (j) support payments not in arrears; (k) a liability to a Canadian government or a Canadian financial institution, if the liability is related to an asset that is not required to be disclosed under this subsection; (l) a debt that is a current and ordinary household and personal living expense; (m) a debt owed by the member to someone in their family or to an adult child, sibling or grandparent of the member, or owed to the member by any of them; (n) any other asset, liability or source of income approved for exclusion under subsection 18(4). Disclosure statements available to public 20 The commissioner must make each disclosure statement available to the public. ADDITIONAL DISCLOSURE TO THE COMMISSIONER BY MINISTERS Ministers to disclose additional information to commissioner 21(1) Every minister must file with the commissioner an annual statement disclosing matters that are excluded from disclosure under subsection 19(4) within (a) 90 days after assuming office; and (b) 60 days after the date established by the commissioner for the annual review. Reasonable efforts 21(2) Information about the minister's assets, liabilities and sources of income and those of their family must be to the best of the minister's knowledge, information and belief, and the minister must make reasonable efforts to determine such information. Additional information is confidential 21(3) The commissioner must keep a minister's information disclosed under this section confidential, but may use the information if it is likely to be material in determining whether the minister has contravened this Act. Meeting with the commissioner 22 Before filing a statement under section 21, or within 60 days after doing so, every minister must, on request of the commissioner, meet with the commissioner to ensure that adequate disclosure is made and to obtain advice about the obligations under this Act. A minister's spouse or common-law partner may attend the meeting with the commissioner and may otherwise seek the commissioner's advice. NON-COMPLIANCE Notice if member fails to file their first disclosure statement 23(1) The commissioner must give notice in writing to the Speaker of the Assembly if a member fails to file their first disclosure statement within 90 days after assuming office, as required under clause 17(1)⁠(a), or as otherwise extended by the commissioner. Member is suspended when notice is received 23(2) On the Speaker receiving the notice, the member is suspended from sitting in the Assembly or from participating as a member in any meeting of a committee of the Assembly, the Legislative Assembly Management Commission or any government agency on which the member serves. Effect of suspension 23(3) While suspended, a member is not entitled to receive any indemnity, allowance or expense otherwise payable to the member under The Legislative Assembly Act or The Legislative Assembly Management Commission Act or under the terms of appointment to any government agency on which the member serves. When suspension terminates 23(4) The commissioner must give notice in writing to the Speaker once the member files the required disclosure statement, and on the Speaker receiving that notice, the member's suspension is terminated. No other penalty 23(5) A member who is suspended under this section is not subject to a penalty under section 51. Report on non-compliance 24(1) The commissioner must report the following in writing to the Speaker: (a) the name of any member who fails to file their annual disclosure statement within 60 days after the date established by the commissioner under clause 17(1)⁠(b), or as otherwise extended by the commissioner; (b) the name of any member who fails to file a disclosure statement reporting a material change within the time specified in subsection 17(2), or as otherwise extended by the commissioner; (c) the name of any member who fails to provide additional information requested by the commissioner under subsection 18(3); (d) the name of any minister who fails to file their additional disclosure statement within the time specified in subsection 21(1), or as otherwise extended by the commissioner; (e) the name of any member or minister who refuses to meet with the commissioner when the commissioner requests that they do so. Distribution of report 24(2) The Speaker must table a copy of the report in the Assembly on any of the first five days on which the Assembly is sitting after the Speaker receives it. If the Assembly is not sitting when the Speaker receives a report, the Speaker must promptly distribute a copy of it to all other members. False or misleading information in statement 25 A member must not knowingly give false or misleading information in a statement required to be filed under section 17, and a minister must not knowingly give false or misleading information in a statement required to be filed under subsection 21(1). PART 4 RESTRICTIONS ON FORMER MEMBERS Restriction on use of insider information 26(1) A former member must not use or communicate information that was obtained in their position as a member and that is not available to the public to further or seek to further their private interests or those of their family or to improperly further or seek to further another person's private interests. Previously acting for government 26(2) A former minister must not act for or on behalf of any person or organization in connection with any specific action or proceeding or transaction or negotiation to which the government is a party and with respect to which the former minister had acted for, or provided advice to, the government. Transition allowance — activities engaged in after holding office 27 A former member who, during the period of their transition allowance under The Legislative Assembly Act and the regulations made under that Act, accepts a contract or benefit with respect to further duties in the service of the government or a government agency is subject to the following rules: 1. If the former member becomes employed by the government or a government agency, (a) as of the start date of their employment, they cease to be entitled to receive any further transition allowance and must pay back to the Assembly any amount of the allowance received after that; or (b) if they elected a lump sum transition allowance, the lump sum is to be pro-rated on a daily basis and they must pay back to the Assembly the pro-rated amount for their start date and each day after that which is included in the period of their transition allowance. 2. In the case of a former member who becomes the holder of a position for which they receive remuneration or a benefit from the government or a government agency, the former member is not entitled to receive, and must not accept, the remuneration or benefit during the period of their transition allowance unless they pay back the amounts payable under Rule 1, which applies with necessary changes. General restrictions — former ministers 28(1) A former minister must not, during the 12 months after the date they ceased to hold office as a minister, (a) accept a contract or benefit that is awarded, approved or granted by the Executive Council, a minister or an employee of a department or government agency; (b) make representations on their own behalf or on another person's behalf with respect to such a contract or benefit; (c) accept a contract or benefit from any person to make representation to a government decision maker with respect to a contract or benefit that is to be awarded, approved or granted by the government or a government agency; or (d) for remuneration or other benefit, arrange or attempt to arrange a meeting between a public official, as defined in The Lobbyists Registration Act , and another person. Exception for general matters 28(2) Subsection (1) does not apply if the conditions on which the contract or benefit is awarded, approved or granted are the same for all persons similarly entitled. Exception for government and government agencies 28(3) Subject to section 27, clause (1)⁠(a) does not apply to contracts or benefits in respect of further duties in the service of the government or a government agency. Employment restrictions for former ministers 29 If a minister, after leaving office, accepts employment with a person or organization with which they had direct and significant official dealings during the year before leaving office, the minister, during the 12 months after the date they ceased to hold office as a minister, must not, directly or indirectly, attempt to influence or assist or in any way participate in (a) deliberations of the employer with respect to a matter in which the employer has a pecuniary interest and in which the government or a government agency is involved; (b) negotiations or consultations between the employer and the government or a government agency; or (c) the performance of obligations of the employer under a contract between the employer and the government or a government agency. Restrictions on dealing with former members 30(1) The Executive Council or a minister must not knowingly award or approve a contract with, or grant a benefit to, (a) a former minister until 12 months after the date they ceased to hold office as a minister; (b) a former member who has, during the 12 months after the date they ceased to hold office as a minister, made representations to the government in respect of the contract or benefit; or (c) a person on whose behalf a former member has, during the 12 months after the date they ceased to hold office as a minister, made representations to the government in respect of the contract or benefit. Exception 30(2) Subsection (1) does not apply in the circumstances set out in subsection 28(2) or (3). Waiver or reduction of specified transition period 31(1) A former minister may apply to the commissioner for a waiver or reduction of a period specified in sections 28 to 30, and the commissioner may waive or reduce the period if, in the opinion of the commissioner, (a) the award, approval, grant or benefit sought results from an impartially administered process open to a significant class of persons; or (b) the activity, contract or benefit sought will not create a conflict between a private interest of the former minister and the public interest. Conditions may be imposed 31(2) The commissioner may waive or reduce a period of a former minister on any conditions that the commissioner considers appropriate, and the former minister must comply with any condition imposed by the commissioner. Contravention by former members 32(1) A former member who contravenes any of the following provisions is guilty of an offence and liable on conviction to a fine not exceeding $50,000: (a) section 26 (use of insider information); (b) section 27 (transition allowance — activities engaged in after holding office); (c) section 28 (general restrictions — former ministers); (d) section 29 (employment restrictions for former ministers); (e) subsection 31(2) (conditions). Time limit for prosecution 32(2) A prosecution under subsection (1) may be commenced within two years after the day the alleged offence was committed. Commissioner's opinion and recommendations to be considered 32(3) When making a determination under sections 26 to 29 or subsection 31(2), a judge must give due regard to whether, in respect of the subject matter of the alleged violation, the former member (a) was acting in accordance with the commissioner's recommendations; and (b) had, before receiving those recommendations, disclosed to the commissioner all the relevant facts that were known to them. PART 5 THE COMMISSIONER APPOINTMENT Appointment of Ethics Commissioner 33(1) A person shall be appointed as the Ethics Commissioner by resolution of the Assembly. Committee recommendation required 33(1.1) A person may be appointed as commissioner only if the appointment has been recommended by the Standing Committee of the Assembly on Legislative Affairs. Ethics Commissioner 33(1.2) The Ethics Commissioner is an officer of the Assembly. Term 33(2) The commissioner is to hold office for a term of five years and may be appointed for a further term or terms. Remuneration 33(3) Subject to subsection (4), the salary and benefits of the commissioner are to be determined by the Legislative Assembly Management Commission. No reduction of salary 33(4) The commissioner's salary must not be reduced except on a resolution of the Assembly carried by a vote of 2/3 of the members voting in the Assembly. S.M. 2022, c. 20, s. 9 . Appointment process 34 If at any time the office of commissioner (a) will become vacant within six months because the term of office is scheduled to expire or the commissioner has resigned; or (b) has become vacant for any other reason; the President of the Executive Council must, within one month after that time, convene a meeting of the Standing Committee on Legislative Affairs and the Standing Committee must, within six months after that time, consider candidates for the office and make a recommendation to the Assembly. S.M. 2022, c. 20, s. 9 . REMOVAL OR SUSPENSION Suspension or removal 35(1) The commissioner may be suspended or removed from office by a resolution of the Assembly carried by a vote of 2/3 of the members voting in the Assembly. Suspension if Assembly not sitting 35(2) If the Assembly is not sitting, with the prior approval of the Legislative Assembly Management Commission, the Speaker may suspend the commissioner for cause or incapacity. Length of suspension 35(3) A suspension under subsection (2) ends no later than 30 sitting days of the Assembly after the suspension came into effect. S.M. 2022, c. 20, s. 9 . ACTING COMMISSIONER Acting commissioner 36(1) With the prior approval of the Legislative Assembly Management Commission, the Speaker may appoint an acting commissioner if the office of commissioner is vacant or if the commissioner is suspended or is absent for an extended period because of illness or another reason. Responsibilities of acting commissioner 36(2) An acting commissioner must carry out the duties and functions, and may exercise the powers, of the commissioner. Term of acting commissioner 36(3) An acting commissioner holds office until a new commissioner is appointed, or until the commissioner returns to office after a suspension or extended absence. S.M. 2022, c. 20, s. 9 . COMMISSIONER'S ROLE Role of commissioner 37 The commissioner is to carry out the duties and functions, and exercise the powers, of the commissioner under this Act. Assistance 38 The commissioner may engage the services of any person necessary to assist the commissioner in carrying out the commissioner's role. General responsibilities 39(1) The commissioner is responsible for promoting the understanding by members and former members of their obligations under this Act (a) by personal discussions with them, and in particular when meeting with them about their disclosure statements; and (b) by preparing and disseminating guidelines and other information about their obligations. Approval of forms 39(2) The commissioner may approve forms for use in the administration of this Act and may require them to be used. When Act makes information publicly available 39(3) When this Act requires the commissioner to make information available to the public, the commissioner must (a) publish the information on a website maintained by the commissioner; and (b) give a copy of the information to the Clerk of the Legislative Assembly. The Clerk must make information provided by the commissioner available for public inspection and copying without charge during normal office hours. Extension of time 40 When this Act provides that a member is to do anything by a time or within a specified period of time, the commissioner may, before or after the time has expired, extend the time period. Request for commissioner's advice 41(1) A member may request the commissioner to give an opinion and recommendations about a matter concerning the member's obligations under this Act. Commissioner may make inquiries 41(2) The commissioner may make any inquiries that the commissioner considers appropriate, and must give the member an opinion and recommendations. If the member requests, the opinion and recommendations must be given in writing. Advice is confidential 41(3) The commissioner's written opinion and recommendations are confidential but may be released by the member or, with the member's written consent, by the commissioner. Partial release by member 41(4) Despite subsection (3), if the member releases only part of the opinion and recommendations, the commissioner may release part or all of the opinion and recommendations without obtaining the member's consent. Application to former members 41(5) This section applies, with necessary changes, to former members. Confidentiality 42 Information disclosed to the commissioner under this Act is confidential and must not be disclosed to any person, except (a) by the member or with the member's consent; (b) in a criminal proceeding as required by law; or (c) otherwise in accordance with this Act. Retention of records by commissioner 43(1) The commissioner must retain all records relating to a member for a period of 24 months after they cease to be a member, after which time the records must be destroyed unless there is an inquiry in progress under this Act concerning the member or a charge has been laid against the member under another enactment and the records may relate to that matter. Exception 43(2) Subsection (1) does not apply to a copy of a disclosure statement that is required to be made available to the public under section 20. PART 6 INQUIRIES AND PENALTIES INQUIRY INTO POSSIBLE CONTRAVENTIONS Member may request commissioner's opinion 44(1) A member who has reasonable grounds to believe that another member has contravened this Act may request the commissioner to give an opinion respecting the compliance of the other member with this Act. Making a request 44(2) The request must be made in the form and manner specified by the commissioner and must set out the grounds for the belief and the nature of the alleged contravention. Member's request to be tabled 44(3) The member making the request must table a copy of it in the Assembly on any of the first five days on which the Assembly is sitting after the request is made. Distribution if Assembly not sitting 44(4) If the Assembly is not sitting when the request is made, the member must give a copy of the request to the Speaker, who must promptly distribute it to all other members. No inquiry by Assembly 44(5) The Assembly and its committees must not inquire into a matter that has been referred to the commissioner. Limitation period 45 An inquiry must not be commenced more than two years after the date on which the alleged contravention occurred. Notice of inquiry 46 Before conducting an inquiry, the commissioner must give the member whose conduct is the subject of the inquiry reasonable notice. Inquiry powers 47(1) The commissioner has the powers of a commissioner under Part V of The Manitoba Evidence Act when conducting an inquiry under this Act. Inquiry may be public or private 47(2) The commissioner may conduct an inquiry in public or in private. Representations by affected member 47(3) If it appears to the commissioner that the commissioner's report may adversely affect the member, the commissioner must inform the member of the particulars and give the member the opportunity to make representations — either orally or in writing, at the discretion of the commissioner — before the commissioner finalizes the report. Inquiry to be prompt 47(4) The commissioner must conduct an inquiry as expeditiously as possible. If no reasonable grounds for making request 48(1) If the commissioner is of the opinion that the member making a request did not have reasonable grounds for doing so, the commissioner must report that opinion to the Speaker. Distribution of report 48(2) The Speaker must table a copy of the report in the Assembly on any of the first five days on which the Assembly is sitting after the Speaker receives it. If the Assembly is not sitting when the Speaker receives a report, the Speaker must promptly distribute a copy of it to all other members. Action when no reasonable grounds for request 48(3) The Assembly may, on a resolution of the Assembly carried by a vote of 2/3 of the members voting in the Assembly, hold a member who makes a request without reasonable grounds in contempt of the Assembly. REPORT AND IMPOSITION OF PENALTIES Commissioner's report 49(1) After conducting an inquiry, the commissioner must report their opinion to the member whose conduct is the subject of the inquiry and to the Speaker. Distribution of report 49(2) The Speaker must table a copy of the report in the Assembly on any of the first five days on which the Assembly is sitting after the Speaker receives it. If the Assembly is not sitting when the Speaker receives a report, the Speaker must promptly distribute a copy of it to all other members. Commissioner's recommendations in case of contravention 50(1) If, after conducting an inquiry, the commissioner is of the opinion that the member has contravened this Act, the commissioner may recommend the following penalty be imposed on a member: (a) the member be reprimanded; (b) the member be fined an amount not exceeding $50,000; (c) the member's right to sit and vote in the Assembly be suspended for a specified period or until the fulfilment of a condition imposed by the commissioner; (d) the member's seat be declared vacant. No penalty when relying on commissioner's advice 50(2) The commissioner must recommend that no penalty be imposed if the commissioner determines that there was a contravention of this Act but is of the opinion that (a) the member was acting in accordance with the commissioner's recommendations; and (b) the member had, before receiving those recommendations, disclosed to the commissioner all the relevant facts that were known to the member. Recommendations re no penalty 50(3) The commissioner may recommend that no penalty be imposed if the commissioner is of the opinion that (a) a contravention occurred even though the member took all reasonable measures to prevent it; or (b) a contravention occurred that was trivial or that was committed through inadvertence or an error of judgment made in good faith. Assembly to consider report 51(1) The Assembly must consider a report of the commissioner within 10 sitting days after the report is tabled. Powers of Assembly 51(2) The Assembly may order the penalty recommended by the commissioner, as set out in the commissioner's report, be imposed, or may reject the recommendation, but the Assembly must not further inquire into the matter or impose a penalty other than the one recommended by the commissioner. Decision is final 51(3) The Assembly's decision is final and conclusive. No offence 51(4) Except as provided in subsection 32(1), a contravention of this Act by a member or a former member is not an offence to which The Provincial Offences Act applies.

Fine amount may be collected by way of set-off 51(5) The amount of any fine imposed under this section is a debt due to the Assembly and, if it is not paid by the member within 30 days after the Assembly's decision, may be set-off against any indemnity, allowance or expense otherwise payable to the member under The Legislative Assembly Act or The Legislative Assembly Management Commission Act or under the terms of appointment to any government agency on which the member serves. Court application for restitution 52 If any person, whether or not the person is or was a member, has realized financial gain in any transaction to which a contravention of this Act relates, any other person affected by the financial gain, including the government or a government agency, may apply to the Court of King's Bench for an order of restitution against the person who has realized the financial gain. Inquiry may be suspended 53 The commissioner may suspend an inquiry under this Act if (a) the commissioner believes on reasonable grounds that the member has committed an offence under another enactment in respect of the same subject matter, in which case the commissioner must notify the relevant authorities; or (b) it is discovered that the subject matter of the inquiry is also the subject matter of an investigation to determine whether an offence referred to in clause (a) has been committed or that a charge has been laid in respect of that subject matter. Effect of election or resignation 54(1) The commissioner must suspend an inquiry respecting a matter if (a) the member whose conduct is the subject of the inquiry resigns their seat in the Assembly; (b) in the case of a minister who is not a member, the minister whose conduct is the subject of the inquiry resigns from the Executive Council; or (c) a general election is called under The Elections Act . Inquiry terminates unless request made to continue 54(2) The commissioner must continue a suspended inquiry if, within 30 days after the date of the resignation or of the election day in the general election, the member who originally made the request to the commissioner, or the member whose conduct is the subject of the inquiry, makes a written request to the commissioner that the inquiry be continued. Report if inquiry is not continued 54(3) If an inquiry is not continued, the commissioner must give notice of the termination to the Speaker, the member or former member whose conduct is the subject of the inquiry and the member who originally made the request to the commissioner. Distribution of report 54(4) The Speaker must table a copy of the report in the Assembly on any of the first five days on which the Assembly is sitting after the Speaker receives it. If the Assembly is not sitting when the Speaker receives a report, the Speaker must promptly distribute a copy of it to all other members. PART 7 GENERAL PROVISIONS Inflation adjustment 55(1) The dollar amounts in sections 19, 32 and 50 are to be adjusted for inflation once every five years. Determining adjustment 55(2) To make the adjustment, the commissioner must (a) determine the ratio between the Consumer Price Index for Manitoba (All-items) published by Statistics Canada under the Statistics Act (Canada) for January 2024 and that index for January of the year of the adjustment; (b) apply the ratio to the dollar amounts in sections 19, 32 and 50; and (c) round the resulting amounts to the nearest hundred dollars. Adjustments to be made public 55(3) The commissioner must make the dollar amounts, as adjusted under this section, available to the public. Annual report 56(1) The commissioner must report annually on the affairs of their office to the Speaker, who must table the report in the Assembly. Content 56(2) In an annual report, the commissioner may summarize advice they have given, but must not disclose confidential information or information that could identify a person concerned. Immunity 57(1) No action or proceeding may be brought against the commissioner or any other person acting under the authority of the commissioner for anything done, or omitted to be done, in good faith, in the exercise or intended exercise of a power, duty or function under this Act. No action re information being provided 57(2) No action lies against a person who in good faith provides information or gives evidence in a proceeding under this Act to the commissioner or to a person engaged by the commissioner. No summons 57(3) Neither the commissioner nor anyone acting under the authority of this Act is a competent or compellable witness in a civil proceeding outside this Act in connection with anything done under this Act. Review of Act 58 Within five years after this Act comes into force, and once every ten years after that, a committee of the Assembly must undertake a comprehensive review of this Act and must, within one year after the review is undertaken, submit a report to the Assembly that includes any amendments to this Act recommended by the committee. PART 8 TRANSITIONAL PROVISIONS Commissioner continues 59 The commissioner appointed under The Legislative Assembly and Executive Council Conflict of Interest Act continues in office as the commissioner under this Act as if appointed under this Act for a term that expires on the day the appointment under The Legislative Assembly and Executive Council Conflict of Interest Act would have expired. Application of former Act 60 Despite the repeal of The Legislative Assembly and Executive Council Conflict of Interest Act by this Act, that Act, as it read immediately before the coming into force of this Act, continues to apply in relation to matters that arose before the coming into force of this Act. PART 9 RELATED AND CONSEQUENTIAL AMENDMENTS 61 to 68 NOTE: These sections contained related and consequential amendments to other Acts that are now included in those Acts. PART 10 REPEAL, C.C.S.M. REFERENCE AND COMING INTO FORCE Repeal 69 The Legislative Assembly and Executive Council Conflict of Interest Act , R.S.M. 1987, c. L112, is repealed. C.C.S.M. reference 70 This Act may be cited as The Conflict of Interest (Members and Ministers) Act and referred to as chapter C171 of the Continuing Consolidation of the Statutes of Manitoba . Coming into force 71 This Act comes into force one day after the election day of the next general election held after this Act receives royal assent. NOTE: S.M. 2021, c. 23 came into force on October 4, 2023.