Conflict of Interst Act - C23

8/9/2019 Conflict of Interst Act - C23

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CONFLICTS OF INTEREST ACT

Chapter C-23

Table of Contents

Part 1Interpretation

1 Interpretation

Part 2Obligations of Members

2 Decisions furthering private interests3 Influence

Insider information

! Constituency matters

" Offices and employment

# Gifts, benefits from persons other than the Crown

$ Contracts with the Crown

% ayments from the Crown

1& Deemed !ember

Part 3'is(los)re

11 Disclosure statements

12 Contents of disclosure statement

13 !eeting with !embers

1 ublic disclosure statements

1! "eturns relating to persons directly associated

1" rovincial #reasurers report

1# $iling of public disclosure statements

1$ $ailure to file

1% "eimbursement for costs

Part Members of t*e E+e()ti,e Co)n(il an- Lea-erof .er Ma/est0s Lo0al Opposition

2& "estriction on holdings21 %mployment restrictions

22 #ime for compliance

23 &eader of the opposition

Part !In,estigations into rea(*es

2 "e'uests for investigation

2! Investigation and in'uiry


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2" Confidentiality

2# %thics Commissioner(s report

2$ #abling of report

2% owers of the &egislative )ssembly

3& Offences

Part "Former Ministers

31 Dealings with Government by former !inisters

32 *reach for awarding contracts

Part #Et*i(s Commissioner

33 )ppointment

3 #erm of office

3! "esignation

3" +uspension or removal

3# )cting %thics Commissioner

3$ "emuneration

3% Oath

& Office of the %thics Commissioner

1 $inancing of operations

2 General duties of %thics Commissioner

3 *inding advice and recommendations

General advice and recommendations


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! )ctions against %thics Commissioner and others

" )nnual report

# "ecords management

Part $Re,ie

$ "eview of )ct

Part %Transitional

% )ppointment of first %thics Commissioner

!& *reaches prior to !arch , 3

!1 *lind trusts

+chedule

Preamble

WHEREAS the ethical conduct of elected officials is expected in democracies;

WHEREAS Members of the Legislative Assembl are expected to perform their duties of

office and arrange their private affairs in a manner that promotes public confidence and trustin the integrit of each Member! that maintains the Assembls dignit and that "ustifies therespect in #hich societ holds the Assembl and its Members; and

WHEREAS Members of the Legislative Assembl! in reconciling their duties of office andtheir private interests! are expected to act #ith integrit and impartialit$

%HERE&'RE HER MA(ES%)! b and #ith the advice and consent of the LegislativeAssembl of Alberta! enacts as follo#s$

Part 1Interpretation

Interpretation

*(1) +n this Act!

,a- ./ro#n0 means the /ro#n in right of Alberta and includes a 1rovincial agenc;

,b- .former Minister0 means a person #ho has ceased to be a member of theExecutive /ouncil;

,c- .Member0 means a Member of the Legislative Assembl and includes aMinister #hether or not the Minister is a Member of the Legislative Assembl;

,d- .Minister0 means a member of the Executive /ouncil;

,e- .minor child0 includes a minor to #hom a Member has demonstrated a settledintention to treat as a child of the Members famil;

,f- .private corporation0 means a corporation none of #hose shares are

publicl2traded securities;

,g- .private interest0 does not include the follo#ing$

,i- an interest in a matter

,A- that is of general application!

,3- that affects a person as one of a broad class of the public! or

,/- that concerns the remuneration and benefits of a Member;


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,ii- an interest that is trivial;

,iii- an interest of a Member relating to publicl2traded securities in theMembers blind trust;

,h- .1rovincial agenc0 means a 1rovincial agenc as defined in theFinancialAdministration Actbut does not include a corporation enumerated in section 4,5- ofthat Act;

,i- .publicl2traded securities0 means

,i- securities of a corporation that are listed or posted for trading on arecogni6ed stoc7 exchange! or

,ii- securities of a corporation that has more than *5 shareholders and anof #hose issued securities #ere part of a distribution to the public;

,"- .securities0 means

,i- shares of an class or series of shares of a corporation! or

,ii- bonds! debentures! notes or other evidence of indebtedness orguarantees of a corporation! #hether secured or unsecured!

but does not include shares or units in a mutual fund;

,7- .senior officer0 means! #ith reference to a corporation!

,i- the president! vice2president! secretar! comptroller! treasurer or generalmanager of the corporation! or

,ii- an other person #ho performs functions for the corporation similar tothose normall performed b persons holding the offices referred to insubclause ,i-;

,l- .spouse0 means the husband or #ife of a married person #ho is a Member butdoes not include a spouse #ho is living separate and apart from the Member if theMember and spouse have separated pursuant to a #ritten separation agreement or if

their support obligations and famil propert have been dealt #ith b a court order;

,m-.Standing /ommittee0 means the Standing /ommittee on Legislative 'ffices8

(2) &or the purposes of this Act! securities of a corporation

,a- issued on a conversion of other securities! or

,b- issued in exchange for other securities

are deemed to be securities that are part of a distribution to the public if those other securities#ere part of a distribution to the public8

(3) Sub"ect to subsection ,9-! for the purposes of this Act! securities of a corporation

,a- are part of a distribution to the public if! in respect of the securities! there hasbeen a filing of a prospectus! statement of material facts! registration statement!securities exchange ta7e2over bid circular or similar document under the la#s of/anada! a province or territor or of a "urisdiction outside /anada! or

,b- are deemed to be part of a distribution to the public if the securities have beenissued and a filing referred to in clause ,a- #ould be re:uired if the securities #erebeing issued currentl8


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(4) 'n the application of a Member #ho o#ns or is a beneficial o#ner of securities of acorporation! the Ethics /ommissioner ma determine! for the purposes of this Act! #hetherthe securities of the corporation are or #ere part of a distribution to the public8

(5) &or the purposes of this Act! a person is directl associated #ith a Member if that personis

,a- the Members spouse or adult interdependent partner!

,b- a corporation having share capital and carring on business or activities forprofit or gain and the Member is a director or senior officer of the corporation!

,c- a private corporation carring on business or activities for profit or gain and theMember o#ns or is the beneficial o#ner of shares of the corporation!

,d- a partnership having not more than 4 partners

,i- of #hich the Member is a partner! or

,ii- of #hich one of the partners is a corporation directl associated #iththe Member b reason of clause ,b- or ,c-!

or

,e- a person or group of persons acting as the agent of the Member and havingactual authorit in that capacit from the Member8

(6) Subsection ,5-,c- does not appl #here the corporation is

,a- an association as defined in the Co-operative Associations Actor a cooperativeas defined in the Cooperatives Act!

,b- a credit union continued or incorporated under the Credit Union Act!

,c- a co2operative credit societ incorporated b or under an Act of the 1arliamentof /anada! or

,d- %he


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consideration of a deposit made #ith the ban7! trust compan! credit union ortreasur branch8

RSA 4 c/24= s*;4* c/24>8* s99?;4* c4= s*,?-;44 cA2985 s4@

Part 2Obligations of Members

'e(isions f)rt*ering pri,ate interests

4(1) A Member breaches this Act if the Member ta7es part in a decision in the course ofcarring out the Members office or po#ers 7no#ing that the decision might further a privateinterest of the Member! a person directl associated #ith the Member or the Members minorchild8

(2) Where a matter for decision in #hich a Member has reasonable grounds to believe thatthe Member! the Members minor child or a person directl associated #ith the Member has aprivate interest is before a meeting of the Executive /ouncil or a committee of the Executive/ouncil or the Legislative Assembl or a committee appointed b resolution of theLegislative Assembl! the Member must! if present at the meeting! declare that interest andmust #ithdra# from the meeting #ithout voting on or participating in the consideration of thematter8

(3) A Member #ho fails to compl #ith subsection ,4- breaches this Act8

(4) +f a matter referred to in subsection ,*- re:uires a decision of a Minister! the Ministerma re:uest another Minister to act in the Ministers stead in connection #ith the decisionand the Minister to #hom it is referred ma act in the matter for the period of time necessar8

(5) +n the case of a meeting of the Legislative Assembl or a committee of it! #here aMember has complied #ith subsection ,4-! the /ler7 of the Legislative Assembl or thesecretar of the meeting shall file #ith the Ethics /ommissioner! as soon as practicable! acop of the deliberations and proceedings! as recorded in Alberta Hansard! of the meetingfrom #hich the Member #ithdre#8

(6) +n the case of a meeting of the Executive /ouncil or a committee of it! #here a Memberhas complied #ith subsection ,4-! the secretar of the meeting shall record

,a- the declaration!

,b- the general nature of the private interest declared! and

,c- the #ithdra#al of the Member from the meeting8

(7) %he secretar of the meeting shall file the information recorded under subsection ,@- #iththe Ethics /ommissioner as soon as practicable after the meeting8

(8) +nformation filed #ith the Ethics /ommissioner under subsection ,- is confidential andma not be disclosed or inspected! but the information ma be inspected and used b theEthics /ommissioner if the information is li7el to be material in determining #hether aMember has breached this Act8

(9) +f no record #as 7ept of #ho #as present at a meeting at the time a matter for decisionarose in #hich a Member! a Members minor child or a person directl associated #ith a

Member had a private interest! no inference that the Member #as present at the meeting atthe time the matter arose can be made for the purposes of determining #hether there #as abreach under subsection ,4-8

*??* c/2448* s4;*??> c== s5

Infl)en(e

= A Member breaches this Act if the Member uses the Members office or po#ers toinfluence or to see7 to influence a decision to be made b or on behalf of the /ro#n tofurther a private interest of the Member! a person directl associated #ith the Member or theMembers minor child8

*??* c/2448* s=


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Insi-er information

9 A Member breaches this Act if the Member uses or communicates information notavailable to the general public that #as gained b the Member in the course of carring outthe Members office or po#ers to further or see7 to further a private interest of the Member! aperson directl associated #ith the Member or the Members minor child8

*??* c/2448* s9

Constit)en(0 matters

5 A Member does not breach this Act if the activit is one in #hich a Member of theLegislative Assembl normall engages on behalf of constituents8

*??* c/2448* s5

Offi(es an- emplo0ment

@(1) A Member breaches this Act if the Member

,a- is at the time of being s#orn in as a Member! or becomes at an time after beings#orn in as a Member!

,i- an emploee of the /ro#n in right of /anada! #hether the emplomentis permanent or temporar or on a full2time or part2time basis! or

,ii- the holder of an office b reason of an appointment b or at thenomination of the Bovernor in /ouncil or a Minister of the /ro#n in right of/anada! and to #hich a salar is attached!

or

,b- becomes at an time #hile a Member

,i- an emploee of the /ro#n! #hether the emploment is permanent ortemporar or on a full2time or part2time basis! or

,ii- the holder of an of the offices set out in the Schedule8

(2) +f a person is! immediatel before becoming a Member!

,a- an emploee of the /ro#n! #hether the emploment is permanent or temporaror on a full2time or part2time basis! or

,b- the holder of an of the offices set out in the Schedule!

that person! on becoming a Member! ceases to be an emploee of the /ro#n or the holder ofthe office! as the case ma be! not#ithstanding an other Act or la# in force in Alberta8

(3) A Member does not breach this section b reason of being appointed to an office set outin the Schedule in the Members capacit as a Minister if the Member receives noremuneration as the holder of that office other than reasonable travelling and living expensesincurred in the course of serving in that office8

(4) Emploment #ith the /ro#n held pursuant to a contract of emploment shall begoverned b this section and not b section >8

*??* c/2448* s@

ifts4 benefits from persons ot*er t*an t*e Cron(1) A Member breaches this Act if the Member or! to the 7no#ledge of the Member! theMembers spouse or adult interdependent partner or minor child accepts from a person otherthan the /ro#n a fee! gift or other benefit that is connected directl or indirectl #ith theperformance of the Members office8

(2) Subsection ,*- does not appl to a fee! gift or other benefit that is accepted b theMember or the Members spouse or adult interdependent partner or minor child as an incidentof protocol or of the social obligations that normall accompan the responsibilities of theMembers office if


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,a- the total value of the fees! gifts and benefits given from the same source to theMember and the Members spouse or adult interdependent partner and minorchildren in an calendar ear is C4 or less! or

,b- the Member applies to the Ethics /ommissioner

,i- as soon as practicable after the fee! gift or benefit is received b theMember! or

,ii- as soon as practicable after the Member has 7no#ledge that the fee! giftor benefit has been accepted b the Members spouse or adult interdependentpartner or minor child!

and either obtains the Ethics /ommissioners approval for its retention! on anconditions the Ethics /ommissioner prescribes! or! if the approval is refused! ta7esan steps that the Ethics /ommissioner directs #ith respect to the disposition of thefee! gift or benefit8

(3) %he Ethics /ommissioner ma give an approval under subsection ,4-,b- onl #here theEthics /ommissioner is satisfied that there is no reasonable possibilit that retention of thefee! gift or other benefit #ill create a conflict bet#een a private interest and the public dut ofthe Member8

RSA 4 c/24= s;44 cA2985 s4@

Contra(ts it* t*e Cron

>(1) A Member breaches this Act if! #hile being a Member! the Member or a person directlassociated #ith the Member becomes a part to a contract #ithin an of the follo#ingclasses$

,a- a contract under #hich the Member or the person directl associated #ith theMember borro#s mone from a treasur branch;

,b- a contract under #hich the Member or the person directl associated #ith theMember conves or agrees to conve to the /ro#n an interest in land other#isethan

,i- b consenting to the ac:uisition b the /ro#n of the interest undersection = of theExpropriation Actand executing a conveance under that

section! or

,ii- #ith the approval of the Ethics /ommissioner on certification that theconsideration for the conveance is fair and reasonable;

,c- a contract to #hich the /ro#n is also a part and that is for the construction!demolition! alteration or repair of a public #or7;

,d- a contract under #hich the Agriculture &inancial Services /orporation lendsmone to! or guarantees a debt of! the Member or the person directl associated #iththe Member;

,e- a contract under #hich the Alberta 'pportunit /ompan lends mone to! orguarantees a debt of! the Member or the person directl associated #ith theMember;

,f- a contract to #hich the /ro#n is also a part! other than a contract referred to inclauses ,a- to ,e-! if the Member or the person directl associated #ith the Memberreceives a preference from the /ro#n on entering into the contract or receives abenefit under the contract not available to other members of the public undercontracts of the same class8

(2) Subsection ,*-,f- does not prevent a Member or a person directl associated #ith theMember from becoming a part to a contract #ith the /ro#n if the contract provides for apament or benefit permitted under section ?,4-,a-! ,b- or ,c-8


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(3) Where a contract to #hich the /ro#n is also a part! other than a contract referred to insubsection ,*-,a- to ,e-! is entered into in #hich a Member or a person directl associated#ith a Member is a part but did not receive a preference from the /ro#n or a benefit underthe contract not available to other members of the public under contracts of the same class!the Minister responsible for the department or the agenc or other bod of the /ro#n thata#arded the contract

,a- must advise the Ethics /ommissioner of the contract! and

,b- must provide to the Ethics /ommissioner a statutor declaration setting out

,i- the procedure used for a#arding the contract! and

,ii- that the Member or the person directl associated #ith a Member didnot receive a preference from the /ro#n or a benefit under the contract notavailable to other members of the public under contracts of the same class8

(4) A Member does not breach subsection ,*- in respect of a rene#al of a contract to #hichsubsection ,*- #ould other#ise appl if

,a- at the time of becoming a Member! the Member or the person directl associated#ith the Member #as a part to the contract!

,b- the contract is to be rene#ed according to the provisions of the contract! and

,c- the Ethics /ommissioner! before the rene#al is made b the Member or theperson directl associated #ith the Member! gives an opinion that

,i- the provisions of the rene#al are fair and reasonable in thecircumstances! having regard to the provisions of the existing contract!

,ii- the rene#al #ill be effected in accordance #ith the provisions of thecontract pertaining to its rene#al! and

,iii- the Member or the person directl associated #ith the Member has notreceived an preference from the /ro#n in relation to the rene#al and #ill notreceive a benefit under the rene#al not available to other members of thepublic under a contract of the same class8

*??* c/2448* s>;*??9 c4= s*;*??> c== s@

Pa0ments from t*e Cron

?(1) A Member breaches this Act if! #hile being a Member! the Member or a person directlassociated #ith the Member accepts a pament of public mone from the /ro#n or a personacting on behalf of the /ro#n other#ise than as permitted b subsection ,4-8

(2) A Member or a person directl associated #ith the Member ma accept a pament ofpublic mone from the /ro#n or a person acting on behalf of the /ro#n if

,a- the pament is made to the Member pursuant to 1art = or 9 of theLegislativeAssembly Actor other#ise in the Members capacit as a Member of the LegislativeAssembl! as a member of the Executive /ouncil or as the holder of an office to#hich the Member is elected b the Legislative Assembl or appointed b or at thenomination of the Lieutenant Bovernor in /ouncil or a Minister of the /ro#n in

right of Alberta! and the pament is authori6ed b or pursuant to,i- theLegislative Assembly Actor an other enactment!

,ii- a resolution or order of the Legislative Assembl! or

,iii- a suppl vote!

,b- the recipient is! according to the enactment authori6ing the pament! entitled tothe pament as a matter of right or sub"ect onl to compliance #ith the re:uirementsof that enactment that are conditions precedent to the pament!


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,c- the recipient of the pament

,i- is! according to the enactment under #hich the pament is authori6ed!eligible to appl for the pament and complies #ith the re:uirements of thatenactment that are conditions precedent to the pament!

,ii- in respect of the recipients application is given no preference notavailable to others! and

,iii- receives no special benefit in relation to the recipients application orthe pament!

or

,d- the pament is made under a contract that ma be entered into #ithout theMember being in breach of section >8

*??* c/2448* s?;*??@ cA248* s4=

'eeme- Member

* +f a person ceases to be a Member of the Legislative Assembl b reason of dissolutionof the Legislature or other#ise and again becomes a Member of the Legislative Assembl breason of being elected in the succeeding general election or b2election! as the case ma be!then! for the purposes of sections > and ?! the person is deemed to be a Member of the

Legislative Assembl during the intervening period8*??* c/2448* s*

Part 3'is(los)re

'is(los)re statements

**(1) Ever Member shall file #ith the Ethics /ommissioner a disclosure statement in theform provided b the Ethics /ommissioner

,a- #ithin @ das after becoming a Member of the Legislative Assembl!

,b- #ithin @ das after being appointed to the Executive /ouncil if the Member hasnot filed a current disclosure statement as a Member of the Legislative Assembl!and

,c- in each subse:uent ear at the time specified b the Ethics /ommissioner8

(2) A Member shall! #ithin = das after the occurrence of an material changes to theinformation contained in a current disclosure statement! file #ith the Ethics /ommissioner anamending disclosure statement in the form provided b the Ethics /ommissioner setting outthe changes8

*??* c/2448* s**

Contents of -is(los)re statement

*4 A disclosure statement

,a- shall include a statement! as of a date determined b the Ethics /ommissioner!of the assets! liabilities and financial interests of the Member! of an privatecorporation controlled b the Member and of an private corporation controlled b a

combination of the Member and the Members spouse or adult interdependentpartner or minor children! but not including investments in a blind trust!

,b- shall include a statement! as of a date determined b the Ethics /ommissioner!of the assets! liabilities and financial interests of the Members spouse or adultinterdependent partner and minor children and of an private corporation controlledb the Members spouse or adult interdependent partner! minor children or ancombination of them! so far as 7no#n to the Member after the Member hasre:uested information from the Members spouse or adult interdependent partner!


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,c- need not include obligations being incurred for ordinar living expenses that#ill be discharged in the ordinar course of the Members affairs!

,d- shall include a statement

,i- of the income that the Member and persons referred to in clause ,a-!and

,ii- of the income that! so far as 7no#n to the Member after the Memberhas re:uested information from the Members spouse or adult interdependentpartner! an other person mentioned in clause ,b-

have received in the preceding *4 months or expect to receive in the next *4months and! to the extent re:uired b the Ethics /ommissioner! of the sources of theincome! and

,e- shall include a list of all fees! gifts and benefits approved for retention undersection ,4-,b-8

RSA 4 c/24= s*4;44 cA2985 s4@

Meeting it* Members

*= %he Ethics /ommissioner shall! as soon as practicable after a Member has filed adisclosure statement! meet #ith the Member and the Members spouse or adult

interdependent partner! if available! to ensure that the Member has made ade:uate disclosureand to advise about the Members obligations under this Act8

RSA 4 c/24= s*=;44 cA2985 s4@

P)bli( -is(los)re statements

*9(1) After meeting #ith the Member! and #ith the Members spouse or adultinterdependent partner if the spouse or adult interdependent partner is available! the Ethics/ommissioner shall prepare a public disclosure statement8

(2) Where a Member files an amending disclosure statement! the Ethics /ommissioner! afterconsulting the Member and the Members spouse or adult interdependent partner! if available!shall! if the Ethics /ommissioner considers it necessar! prepare either a ne# publicdisclosure statement or a supplementar public disclosure statement! #hich shall form part ofthe Members public disclosure statement8

(3) Except as provided in this section! a public disclosure statement shall identif

,a- the assets! liabilities! financial interests and sources of income! and

,b- the fees! gifts or benefits approved for retention under section ,4-,b-!

as disclosed in the Members disclosure statement! but shall not state the amount or value ofthem8

(4) %he follo#ing shall be excluded from a public disclosure statement unless the Ethics/ommissioner is of the opinion that disclosure of the asset! liabilit! financial interest! sourceof income or information is li7el to be material to the determination of #hether a Member isor is li7el to be in breach of this Act$

,a- assets! liabilities or interests having a value of less than C*;

,b- a source of income of less than C* per ear;

,c- information identifing a home or recreational propert occupied b theMember! the Members spouse or adult interdependent partner or one of theMembers famil;

,d- things used personall b a Member! the Members spouse or adultinterdependent partner or one of the Members famil;


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,e- unpaid taxes! except propert taxes under theMunicipal Government Actandtaxes under the School Act;

,f- support obligations8

(5) %he Ethics /ommissioner ma from time to time establish other categories of matters tobe excluded from public disclosure statements on the grounds that the are of little or noimportance and are not li7el to be material to the determination of #hether a Member is or isli7el to be in breach of this Act8

(6) +f in the opinion of the Ethics /ommissioner disclosure of the amount or value of anasset! liabilit! financial interest or source of income is li7el to be material to thedetermination of #hether a Member is or is li7el to be in breach of this Act! the amount orvalue shall be included in the public disclosure statement8

(7) %he Ethics /ommissioner ma exclude from the public disclosure statement a source ofincome received b a Members spouse or adult interdependent partner or minor child or aprivate corporation if

,a- the income is or #ill be received in respect of services or things that arecustomaril provided on a confidential basis! or

,b- the possibilit of serious harm to a business of the spouse or adult

interdependent partner! minor child or private corporation "ustifies a departure fromthe general principle of public disclosure8

(8) +nformation included in a disclosure statement or amending disclosure statement of aMember to the Ethics /ommissioner and not included in the Members public disclosurestatement is confidential unless it is relevant to a proceeding under 1art 58

(9) 'n completion of a public disclosure statement or a supplementar disclosure statement!the Ethics /ommissioner shall file it #ith the /ler7 of the Legislative Assembl8

RSA 4 c/24= s*9;44 cA2985 s4@

Ret)rns relating to persons -ire(tl0 asso(iate-

*5(1) Ever person #ho becomes a Member shall! #ithin @ das after becoming a Member!furnish to the Ethics /ommissioner a return sho#ing

,a- the name and address of each person #ith #hom the Member #as directlassociated on the da of becoming a Member and #ith #hom the Member becamedirectl associated after that date and before the date of the return! and

,b- if the Members direct association #ith an person referred to in clause ,a-terminated before the date of the return! the date of the termination8

(2) Ever Member shall furnish to the Ethics /ommissioner

,a- a return sho#ing

,i- the name and address of each person #ith #hom the Member becamedirectl associated on or after the date of the Members initial return undersubsection ,*- or ,4-! and

,ii- the date on #hich the direct association began!#ithin = das after the direct association began! and

,b- a return sho#ing the date on #hich the Members direct association #ith anperson terminated! #ithin = das after that date8

(3) Where a person ceases to be a Member b reason of dissolution of the Legislature orother#ise!


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,a- that person shall! #ithin = das after ceasing to be a Member! furnish a returnto the Ethics /ommissioner sho#ing

,i- the name and address of each person #ith #hom the person becamedirectl associated or #ith #hom that person ceased to be directl associatedon or after the date of that persons last return under this section! and

,ii- the date on #hich the direct association began or terminated! as the casema be!

and

,b- if that person again becomes a Member in the succeeding general election orb2election! as the case ma be! that person shall! #ithin @ das after againbecoming a Member! furnish a return to the Ethics /ommissioner sho#ing

,i- the name and address of each person #ith #hom the Member becamedirectl associated or #ith #hom the Member ceased to be directl associatedin the intervening period! and

,ii- the date on #hich the direct association began or terminated! as the casema be8

(4) +n a return under this section! a Member is not re:uired to sho# the name and address ofan person #ho is or #as directl associated #ith the Member b reason of section *,5-,e-unless that person! during the period of the direct association and as the agent of the Member#ith actual authorit from the Member!

,a- became a part to a contract to #hich the /ro#n #as also a part! or

,b- received a pament of public mone from the /ro#n or from a person acting onbehalf of the /ro#n! other#ise than pursuant to a contract8

(5) A return under this section ma be in the form prescribed b the Ethics /ommissioner8

(6) 'n receipt of a return under this section! the Ethics /ommissioner shall file a cop of thereturn #ith the /ler7 of the Legislative Assembl and provide a cop to the 1rovincial%reasurer8

*??* c/2448* s*5

Pro,in(ial Treas)rers report

*@(1) %he 1rovincial %reasurer shall! after the end of each Bovernment fiscal ear! prepare areport sho#ing in respect of each person #ho #as a Member during that fiscal ear

,a- the names of the persons directl associated #ith the Member in that fiscal earand the period of the direct association! as indicated b the returns furnished undersection *5!

,b- information relating to paments made b the /ro#n to the Member in thatfiscal ear! and

,c- information relating to paments made b the /ro#n in that fiscal ear to therespective persons directl associated #ith the Member in that fiscal ear! as

indicated b the returns furnished under section *58(2) Each 1rovincial agenc shall! in accordance #ith the directions of the 1rovincial%reasurer! furnish to the 1rovincial %reasurer after the end of each Bovernment fiscal earan information that the 1rovincial %reasurer re:uires for the purposes of a report undersubsection ,*- for that fiscal ear insofar as it relates to paments made b that 1rovincialagenc in that fiscal ear to Members and to the persons directl associated #ith Membersaccording to the returns furnished under section *58

(3) %he 1rovincial %reasurer! in providing the information referred to in subsection ,*-,b-and ,c- in a report under that subsection!


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,a- ma classif paments in an manner the 1rovincial %reasurer considersappropriate!

,b- shall sho# in respect of each class of paments the aggregate amount of thepaments of that class made to each Member and to each person directl associated#ith the Member in the fiscal ear! and

,c- shall sho# in respect of each person #ho #as a Member in the fiscal ear to#hich the report relates the aggregate amount of all paments of all classes made tothat Member and the aggregate amount of all paments of all classes made to eachperson directl associated #ith the Member in the fiscal ear8

(4) A report prepared under subsection ,*- shall not include

,a- paments made to or on behalf of the Member pursuant to 1art = or 9 of theLegislative Assembly Act!

,b- paments re:uired to be included in a report under section = of theLegislativeAssembly Act!

,c- paments of benefits under theAlberta ealth Care !nsurance Act!

,d- paments of social allo#ances or handicap benefits under the Social

"evelopment Act!

,d8*- paments of assistance under 1art 4 of the!ncome and EmploymentSupports Act!

,e- paments of handicap benefits under theAssured !ncome #or the Severelyandicapped Act!

,f- paments under the Seniors $ene#it Act!

,g- pensions under the %ido&s' (ension Act!

,h- compensation paid under the %or)ers' Compensation Act or the$lind %or)ers'Compensation Act!

,i- paments made b #a of student financial assistance under the StudentsFinance Actor financial assistance under and #ithin the meaning of the StudentFinancial Assistance Act!

,"- paments of salar! expenses and benefits! including pension benefits! paid topersons #ho are directl associated #ith the Member! but the report must indicatethat paments #ere received b those persons!

,7- paments made b #a of refunds! or

,l- an other class of paments b the /ro#n if the disclosure in the report of theidentit of the recipients #ould contravene an la# in force in Alberta that containsconfidentialit re:uirements in respect of that class of paments8

(5) When a report is prepared under subsection ,*-! the 1rovincial %reasurer shall la the

report before the Legislative Assembl if it is then sitting or! if it is not then sitting! #ithin *5das after the commencement of the next sitting8RSA 4 c/24= s*@;44 cS2485 s49;4= c+285 s59

Filing of p)bli( -is(los)re statements

* %he /ler7 of the Legislative Assembl

,a- shall retain each Members public disclosure statements! supplementar publicdisclosure statements and returns!


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,b- shall ma7e the public disclosure statements! an supplementar publicdisclosure statements and returns available for examination b an person #ho#ishes to examine them! and

,c- ma! to the extent that the /ler7 considers reasonable in vie# of the facilitiesavailable to the /ler7 and on pament of reasonable reproduction costs! provide onre:uest to an person copies of an public disclosure statements! supplementarpublic disclosure statements or returns8

*??* c/2448* s*

Fail)re to file

*> A Member breaches this Act if the Member does not file a disclosure statement! anamending disclosure statement or a return #ithin the time provided b section ** or *5! as thecase ma be! or if the Member 7no#ingl gives false or misleading information in astatement or return8

*??* c/2448* s*>

Reimb)rsement for (osts

*?(1) Members are entitled to be reimbursed for costs associated #ith the completion of theirdisclosure statements and the establishment and administration of their blind trusts8

(2) %he amount of the reimbursement is sub"ect to the approval of the Ethics /ommissioner8*??> c== s*

Part Members of t*e E+e()ti,e Co)n(il an- Lea-er of .er

Ma/est05sLo0al Opposition

Restri(tion on *ol-ings

4(1) A Minister breaches this Act if the Minister! after the expiration of the relevant periodreferred to in section 44! o#ns or has a beneficial interest in publicl2traded securities8

(2) Subsection ,*- does not appl to publicl2traded securities held in the Ministers blindtrust in accordance #ith this Act8

(3) A Minister does not breach subsection ,*- if

,a- the Minister ac:uires o#nership of or a beneficial interest in publicl2tradedsecurities #ith the prior approval of the Ethics /ommissioner! or

,b- the Minister

,i- applies! prior to the expiration of the relevant period referred to insection 44! to the Ethics /ommissioner for approval to retain o#nership of or abeneficial interest in publicl2traded securities! and

,ii- either obtains the Ethics /ommissioners approval or! if the approval isrefused! ta7es an steps that the Ethics /ommissioner directs #ith respect tothe disposition of the o#nership or beneficial interest8

(4) %he Ethics /ommissioner ma

,a- give an approval in respect of an publicl2traded securities under subsection ,=-,a- or ,b- if the Ethics /ommissioner is of the opinion that the are securities of acorporation the interests of #hich are not li7el to be affected b decisions of theBovernment! or

,b- give an approval in respect of an publicl2traded securities under subsection ,=-,b- if the Ethics /ommissioner is of the opinion that disposition of the securities #illcause financial loss to the Minister and the public interest does not re:uiredisposition b the Minister8


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(5) An approval or direction given b the Ethics /ommissioner under subsection ,=- ma besub"ect to an conditions prescribed b the Ethics /ommissioner8

*??* c/2448* s*?

Emplo0ment restri(tions

4*(1) A Minister breaches this Act if the Minister! after the expiration of the relevant periodreferred to in section 44!

,a- engages in emploment or in the practice of a profession!

,b- carries on a business! or

,c- holds an office or directorship other than in a social club! religious organi6ationor political part!

that creates or appears to create a conflict bet#een a private interest of the Minister and theMinisters public dut8

(2) A Minister ma carr on an activit referred to in subsection ,*- in a #a approved bthe Ethics /ommissioner if

,a- the Minister has disclosed the material facts to the Ethics /ommissioner! and

,b- the Ethics /ommissioner is satisfied that the activit! if carried on in a #aapproved b the Ethics /ommissioner! #ill not create or appear to create a conflictbet#een a private interest of the Minister and the Ministers public dut8

(3) &or the purposes of this section! the management of routine personal financial interestsdoes not constitute carring on a business8

*??* c/2448* s4

Time for (omplian(e

44(1) &or the purposes of sections 4,*- and 4*,*-! #ith respect to a person #ho becomes aMinister! the period is @ das after being appointed to the Executive /ouncil or an longerperiod that the Ethics /ommissioner ma prescribe8

(2) &or the purposes of section 4,*-! #ith respect to a Minister #ho ac:uires o#nership ofor a beneficial interest in publicl2traded securities b gift or inheritance! the period is @

das after receiving the gift or inheritance or an longer period that the Ethics /ommissionerma prescribe8*??* c/2448* s4*

Lea-er of t*e opposition

4=(1) Sections 4! 4* and 44,4- appl! #ith the necessar modifications! to the Leader of HerMa"ests loal opposition8

(2) &or the purposes of sections 4,*- and 4*,*- as the appl to the Leader of Her Ma"estsloal opposition! the period is @ das after becoming the Leader of Her Ma"ests loalopposition or an longer period that the Ethics /ommissioner ma prescribe8

*??> c== s*4

Part !In,estigations into rea(*es

Re6)ests for in,estigation

49(1) An person ma re:uest! in #riting! that the Ethics /ommissioner investigate anmatter respecting an alleged breach of this Act b a Member8

(2) A re:uest under subsection ,*- must be signed b the person ma7ing it and must identifthe person to the satisfaction of the Ethics /ommissioner8

(3) A Member ma re:uest! in #riting! that the Ethics /ommissioner investigate an matterrespecting an alleged breach of this Act b the Member8


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(4) %he Legislative Assembl ma! b resolution! re:uest that the Ethics /ommissionerinvestigate an matter respecting an alleged breach of this Act b a Member8

(5) %he Executive /ouncil ma re:uest that the Ethics /ommissioner investigate an matterrespecting an alleged breach of this Act b a Minister8

(6) Where a matter has been referred to the Ethics /ommissioner under subsection ,*-! ,=- or,9-! neither the Legislative Assembl nor a committee of the Assembl shall in:uire into thematter8

*??* c/2448* s44

In,estigation an- in6)ir0

45(1) 'n receiving a re:uest under section 49 or #here the Ethics /ommissioner has reasonto believe that a Member has acted or is acting in contravention of advice! recommendationsor directions or an conditions of an approval or exemption given b the Ethics/ommissioner to the Member under this Act! and on giving the Member concernedreasonable notice! the Ethics /ommissioner ma conduct an investigation #ith or #ithoutconducting an in:uir8

(2) When conducting an in:uir under this section! the Ethics /ommissioner has the po#ers!privileges and immunities of a commissioner under the(ublic !n*uiries Act8

(3) +f an in:uir is held! it shall be held in public unless the Ethics /ommissioner! in the

interests of "ustice! decides that it is to be held in private8

(4) %he Ethics /ommissioner ma refuse to investigate or ma cease to investigate analleged breach under this Act if the Ethics /ommissioner is of the opinion that

,a- the re:uest is frivolous or vexatious or #as not made in good faith! or

,b- there are no or insufficient grounds to #arrant an investigation or thecontinuation of an investigation8

(5) %he Ethics /ommissioner ma re2investigate an alleged breach in respect of #hich theEthics /ommissioners findings have alread been reported under this section onl if! in theEthics /ommissioners opinion! there are ne# facts that on their face might change theoriginal findings8

(6) +f the Ethics /ommissioner refuses to investigate or ceases to investigate an allegedbreach or refuses to re2investigate an alleged breach! the Ethics /ommissioner shall soinform

,a- the Member against #hom the allegation #as made! and

,b- the Spea7er of the Legislative Assembl! the 1resident of the Executive /ouncilor the person #ho made the re:uest under section 49! as the case ma be8

(7) Where the re:uest is made under section 49,*-! ,=- or ,9-! the Ethics /ommissioner shallreport the Ethics /ommissioners findings to the Spea7er of the Legislative Assembl8

(8) %he Ethics /ommissioner ma! before reporting the Ethics /ommissioners findings tothe Spea7er of the Legislative Assembl under subsection ,-! provide a cop of the report

,a- to the Member against #hom the allegation #as made! and,b- to the leader in the Legislative Assembl of the political part to #hich theMember belongs8

(9) Where the re:uest is made under section 49,5-! the Ethics /ommissioner shall report theEthics /ommissioners findings to the 1resident of the Executive /ouncil8

(10) +f the Ethics /ommissioner is of the opinion


18/27

,a- that a re:uest made b a Member under section 49,*- #as frivolous or vexatiousor #as not made in good faith! or

,b- that a re:uest #as made under section 49,*- b a person at the re:uest of aMember and that the re:uest #as frivolous or vexatious or #as not made in goodfaith!

the Ethics /ommissioner ma state that in a report to the Spea7er of the LegislativeAssembl8

(11) %he Spea7er of the Legislative Assembl shall la the report referred to in subsection,*- before the Legislative Assembl and the Legislative Assembl! after considering thereport! ma

,a- find the Member referred to in subsection ,*- in contempt of the LegislativeAssembl pursuant to section * of theLegislative Assembly Act! or

,b- order the Member referred to in subsection ,*- to pa to the Member against#hom the allegation #as made the costs of the proceeding incurred b the Memberagainst #hom the allegation #as made!

or both8*??* c/2448* s4=;*??> c== s*=

Confi-entialit0

4@(1) Except as provided in this section! the Ethics /ommissioner or an former Ethics/ommissioner or a person #ho is or #as emploed or engaged b the 'ffice of the Ethics/ommissioner shall maintain the confidentialit of all information and allegations that cometo their 7no#ledge in the course of the administration of this Act8

(2) Allegations and information to #hich subsection ,*- applies ma be

,a- disclosed to the Member #hose conduct is the sub"ect of proceedings under this1art;

,b- disclosed b a person conducting an investigation to the extent necessar toenable that person to obtain information from another person;

,c- adduced in evidence at an in:uir under this 1art;

,d- disclosed in a report made b the Ethics /ommissioner under this 1art8*??* c/2448* s49

Et*i(s Commissioners report

4(1) A report b the Ethics /ommissioner to the Spea7er of the Legislative Assembl undersection 45,- must be concise and ma set out onl the follo#ing$

,a- the facts relating to the alleged breach found b the Ethics /ommissioner! and

,b- the Ethics /ommissioners findings as to #hether the Member has breached thisAct and! if so!

,i- the nature of the breach! and

,ii- the Ethics /ommissioners recommendation for the sanction! if an!that the Legislative Assembl ma impose on the Member for the breach8

(2) %he Ethics /ommissioner ma recommend an one of the follo#ing sanctions$

,a- that the Member be reprimanded;

,b- that a penalt be imposed on the Member in an amount recommended b theEthics /ommissioner;


19/27

,c- that the Members right to sit and vote in the Legislative Assembl be suspendedfor a stated period or until the fulfilment of a condition;

,d- that the Member be expelled from membership of the Legislative Assembl!

and ma also recommend the alternative of a lesser sanction or no sanction if the Membercarries out recommendations in the report for the rectification of the breach8

(3) +f the Ethics /ommissioner is of the opinion that the breach #as trivial! inadvertent orcommitted in good faith! the Ethics /ommissioner ma recommend that no sanction beimposed8

(4) Where it appears to the Ethics /ommissioner that a report ma adversel affect aMember! the Ethics /ommissioner shall inform the Member of the particulars and give theMember the opportunit to ma7e representations! either orall or in #riting at the discretionof the Ethics /ommissioner! before the Ethics /ommissioner completes the report8

*??* c/2448* s45;*??4 c4* s?;*??> c== s*9

Tabling of report

4>(1) 'n receiving a report from the Ethics /ommissioner under section 45,-! the Spea7erof the Legislative Assembl shall la the report before the Legislative Assembl if it is thensitting or! if it is not then sitting! #ithin *5 das after the commencement of the next sitting8

(2) +f the Legislative Assembl is not sitting #hen the Ethics /ommissioner reports theEthics /ommissioners findings to the Spea7er of the Legislative Assembl under section45,-! the Spea7er shall ma7e copies of the report available to the public8

(3) %he Legislative Assembl shall deal #ith a report of the Ethics /ommissioner #ithin @das after the tabling of the report! or an other period that is determined b a resolution ofthe Legislative Assembl8

*??* c/2448* s4@

Poers of t*e Legislati,e Assembl0

4? %he Legislative Assembl ma accept or re"ect the findings of the Ethics /ommissioneror substitute its o#n findings and ma if it determines that there is a breach

,a- impose the sanction recommended b the Ethics /ommissioner or an othersanction referred to in section 4,4- it considers appropriate! or

,b- impose no sanction8*??* c/2448* s4

Offen(es

= A breach of this Act b a Member is not an offence to #hich the(rovincial +##ences(rocedure Actapplies8

*??* c/2448* s4>

Part "Former Ministers

'ealings it* o,ernment b0 former Ministers

=*(1) Except in accordance #ith subsection ,=-! a former Minister shall not! for a period of @months after ceasing to be a member of the Executive /ouncil!

,a- on behalf of himself or herself or an other person! solicit or accept a contract orbenefit from a department of the public service or a 1rovincial agenc #ith #hichthe former Minister had significant official dealings during the former Ministerslast ear of service as a Minister!

,b- accept emploment #ith a person or entit! or appointment to the board ofdirectors or e:uivalent bod of an entit! #ith #hich the former Minister hadsignificant official dealings during the former Ministers last ear of service as aMinister! or


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,c- act on a commercial basis in connection #ith an ongoing matter in connection#ith #hich the former Minister! #hile in office! directl acted for or advised adepartment of the public service or a 1rovincial agenc involved in the matter8

(2) &or the purposes of subsection ,*-! a former Minister has had significant official dealings#ith a department of the public service! 1rovincial agenc! person or entit if the formerMinister! #hile in office! #as directl and substantivel involved #ith the department!1rovincial agenc! person or entit in an important matter8

(3) Subsection ,*- does not appl

,a- to an contract #ith or benefit from the /ro#n if the conditions on #hich andthe manner in #hich the contract or benefit is a#arded! approved or given are thesame for all persons similarl entitled! or if the a#ard! approval or grant results froman impartiall administered process open to a significant class of persons! or

,b- to an activit! contract or benefit if the Ethics /ommissioner has exempted theactivit! contract or benefit from the operation of subsection ,*- and the formerMinister observes and performs an conditions on #hich the Ethics /ommissionerhas granted the exemption8

(4) A former Minister #ho contravenes this section and #ho at the time of the contraventionis a Member of the Legislative Assembl breaches this Act8

(5) A former Minister #ho contravenes this section and #ho at the time of the contraventionis not a Member of the Legislative Assembl is guilt of an offence and liable on summarconviction to a fine not exceeding C4 8

*??* c/2448* s4?

rea(* for aar-ing (ontra(ts

=4 A Minister breaches this Act if the Minister 7no#ingl a#ards or approves a contract orgives a benefit to a former Minister #ho is acting in contravention of section =*8

*??* c/2448* s=

Part #Et*i(s Commissioner

Appointment

==(1) %here is to be appointed! as an officer of the Legislature! b the Lieutenant Bovernorin /ouncil on the recommendation of the Legislative Assembl! an Ethics /ommissioner tocarr out those duties and functions set out in this Act or an other enactment prescribed bthe Lieutenant Bovernor in /ouncil8

(2) %he Ethics /ommissioner ma not be a Member of the Legislative Assembl8

(3) %he Ethics /ommissioner ma be appointed on either a full2time or part2time basis8*??* c/2448* s=*;*??5 c* s*?

Term of offi(e

=9(1) c== s*5

Resignation

=5 %he Ethics /ommissioner ma at an time resign from office b delivering a #rittenresignation to the /ler7 of the Legislative Assembl8

*??* c/2448* s==

S)spension or remo,al


21/27

=@(1) 'n the recommendation of the Legislative Assembl! the Lieutenant Bovernor in/ouncil ma! at an time! suspend or remove the Ethics /ommissioner from office for causeor incapacit8

(2) At an time the Legislative Assembl is not sitting the Lieutenant Bovernor in /ouncil!on the recommendation of the Standing /ommittee! ma suspend the Ethics /ommissionerfrom office for cause or incapacit! but the suspension shall not continue in force beond theend of the next sitting of the Legislative Assembl8

*??* c/2448* s=9;*??5 c* s*?

A(ting Et*i(s Commissioner

=(1) %he Lieutenant Bovernor in /ouncil! on the recommendation of the Standing/ommittee! ma appoint an acting Ethics /ommissioner if

,a- the office of Ethics /ommissioner is or becomes vacant #hen the LegislativeAssembl is not sitting!

,b- the Ethics /ommissioner is suspended #hen the Legislative Assembl is notsitting! or

,c- the Ethics /ommissioner is suspended or removed or the office of the Ethics/ommissioner other#ise becomes vacant #hen the Legislative Assembl is sittingbut no recommendation is made b the Assembl under section ==,*- before the end

of the session8

(2) %he Lieutenant Bovernor in /ouncil ma appoint an acting Ethics /ommissioner if theEthics /ommissioner is temporaril absent because of illness or for another reason8

(3) An acting Ethics /ommissioner holds office until

,a- a person is appointed as Ethics /ommissioner under section ==,*-!

,b- the suspension of the Ethics /ommissioner ends! or

,c- the Ethics /ommissioner returns to office after a temporar absence8*??* c/2448* s=5;*??> c== s*@

Rem)neration

=> %he Ethics /ommissioner shall be remunerated as determined b the Standing/ommittee! and it shall revie# that remuneration at least once a ear8*??* c/2448* s=@

Oat*

=?(1) 3efore commencing the duties of office! the Ethics /ommissioner must ta7e an oath tofaithfull and impartiall perform the duties of the office and not! except as provided in thisAct! to disclose an information received b the 'ffice of the Ethics /ommissioner underthis Act8

(2) %he oath shall be administered b the Spea7er of the Legislative Assembl or the /ler7of the Legislative Assembl8

*??* c/2448* s=

Offi(e of t*e Et*i(s Commissioner

9(1) %here is to be a department of the public service of Alberta called the 'ffice of theEthics /ommissioner consisting of the Ethics /ommissioner and those persons emploedpursuant to the(ublic Service Actas are necessar to assist the Ethics /ommissioner incarring out the Ethics /ommissioners duties and functions under this or an otherenactment8

(2) %he Ethics /ommissioner ma engage the services of an persons as are necessar toassist the Ethics /ommissioner in carring out the Ethics /ommissioners duties andfunctions8


22/27

(3) 'n the recommendation of the Ethics /ommissioner! the Standing /ommittee ma orderthat

,a- an regulation! order or directive made under theFinancial Administration Act!or

,b- an regulation! order! directive! rule! procedure! direction! allocation!designation or other decision under the(ublic Service Act!

be inapplicable to! or be varied in respect of! the 'ffice of the Ethics /ommissioner or anparticular emploee or class of emploees in the 'ffice of the Ethics /ommissioner8

(4) An order made under subsection ,=-,a- in relation to a regulation! order or directive madeunder theFinancial Administration Actoperates not#ithstanding that Act8

(5) %he,egulations Actdoes not appl to orders made under subsection ,=-8

(6) %he chair of the Standing /ommittee shall la a cop of each order made undersubsection ,=- before the Legislative Assembl if it is then sitting or! if it is not then sitting!#ithin *5 das after the commencement of the next sitting8

(7) Ever person emploed or engaged b the 'ffice of the Ethics /ommissioner shall!before beginning to perform that persons duties under this Act! ta7e an oath! to be

administered b the Ethics /ommissioner! not to disclose an information received b thatperson under this Act except as provided in this Act8

(8) +f the Ethics /ommissioner or an former Ethics /ommissioner or a person #ho is or#as emploed or engaged b the 'ffice of the Ethics /ommissioner discloses informationthat is confidential under section *9,>-! 4@,*- or 9=,=-! that person is guilt of an offence andliable to a fine not exceeding C4 8

*??* c/2448* s=>

Finan(ing of operations

9*(1) %he Ethics /ommissioner shall submit to the Standing /ommittee in respect of eachfiscal ear an estimate of the sum that #ill be re:uired to be provided b the Legislature todefra the several charges and expenses of the 'ffice of the Ethics /ommissioner in thatfiscal ear8

(2) %he Standing /ommittee shall revie# each estimate submitted pursuant to subsection ,*-and! on the completion of the revie#! the chair of the /ommittee shall transmit the estimate tothe 1rovincial %reasurer for presentation to the Legislative Assembl8

(3) +f at an time the Legislative Assembl is not sitting the Standing /ommittee! or if thereis no Standing /ommittee! the 1rovincial %reasurer!

,a- reports that the Ethics /ommissioner has certified that in the public interest! anexpenditure of public mone is urgentl re:uired in respect to an matter pertainingto the Ethics /ommissioners office! and

,b- reports that either

,i- there is no suppl vote under #hich an expenditure #ith respect to thatmatter ma be made! or

,ii- there is a suppl vote under #hich an expenditure #ith respect to thatmatter ma be made but the authorit available under the suppl vote isinsufficient!

the Lieutenant Bovernor in /ouncil ma order a special #arrant to be prepared to be signedb the Lieutenant Bovernor authori6ing the expenditure of the amount estimated to bere:uired8


23/27

(4) When the Legislative Assembl is ad"ourned for a period of more than *9 das! theLegislative Assembl is deemed! for the purposes of subsection ,=-! not to be sitting duringthe period of the ad"ournment8

(5) When a special #arrant is prepared and signed under subsection ,=- on the basis of areport referred to in subsection ,=-,b-,i-! the authorit to spend the amount of monespecified in the special #arrant for the purpose specified in the special #arrant is deemed tobe a suppl vote for the purposes of theFinancial Administration Actfor the fiscal ear in#hich the special #arrant is signed8

(6) When a special #arrant is prepared and signed under subsection ,=- on the basis of areport referred to in subsection ,=-,b-,ii-! the authorit to spend the amount of monespecified in the special #arrant is! for the purposes of theFinancial Administration Act!added to and deemed to be part of the suppl vote to #hich the report relates8

(7) When a special #arrant has been prepared and signed pursuant to this section! theamounts authori6ed b it are deemed to be included in! and not to be in addition to! theamounts authori6ed b the Act! not being an Act for interim suppl! enacted next after it forgranting to Her Ma"est sums of mone to defra certain expenditures of the public service ofAlberta8

*??* c/2448* s=?

eneral -)ties of Et*i(s Commissioner

94(1) +t is a function of the Ethics /ommissioner to promote the understanding b Membersof their obligations under this Act b

,a- personal discussions #ith Members! and in particular #hen intervie#ing themabout disclosure statements!

,b- commissioning the preparation and dissemination of #ritten information aboutthe obligations! and

,c- continuing contact #ith part caucuses and advising them as to #hat programsthe might institute8

(2) Where this Act provides for the doing of anthing b a time or #ithin a prescribed periodof time! the Ethics /ommissioner ma! before or after the time has expired! extend the timefor the doing of that thing under this Act8

*??* c/2448* s9;*??> c== s*

in-ing a-,i(e an- re(ommen-ations

9=(1) A Member or former Minister ma re:uest the Ethics /ommissioner to give adviceand recommendations on an matter respecting obligations of the Member or former Ministerunder this Act8

(2) %he Ethics /ommissioner ma! in #riting! provide the Member or former Minister #ithadvice and recommendations! #hich

,a- shall state the material facts either expressl or b incorporating facts stated bthe Member or former Minister!

,b- shall be based on the facts referred to in clause ,a-! and

,c- ma be based on an other considerations the Ethics /ommissioner considersappropriate8

(3) Advice and recommendations under this section are confidential until released b or #iththe Members or former Ministers consent8

(4) %he Ethics /ommissioner ma ma7e an in:uiries that the Ethics /ommissionerconsiders appropriate in order to provide advice and recommendations under this section8

(5) +f a Member or former Minister has! #ith respect to advice and recommendations underthis section!


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,a- communicated the material facts to the Ethics /ommissioner! and

,b- complied #ith an recommendations contained in the advice andrecommendations of the Ethics /ommissioner!

no proceeding or prosecution shall be ta7en against the Member or former Minister under thisAct b reason onl of the facts so communicated and the Members or former Ministerscompliance #ith the recommendations8

*??* c/2448* s9*

eneral a-,i(e an- re(ommen-ations

99(1) %he Ethics /ommissioner ma give advice and recommendations of generalapplication to Members or former Ministers or a class of Members or former Ministers onmatters respecting obligations of Members and former Ministers under this Act! #hich mabe based on the facts set out in the advice and recommendations or on an otherconsiderations the Ethics /ommissioner considers appropriate8

(2) With respect to advice and recommendations given under subsection ,*-! no proceedingor prosecution shall be ta7en against a Member or former Minister under this Act b reasononl of the facts and considerations stated in the advice and recommendations and theMembers or former Ministers compliance #ith the advice and recommendations8

*??* c/2448* s94

A(tions against Et*i(s Commissioner an- ot*ers95(1) Do action lies against the Ethics /ommissioner or an former Ethics /ommissioner oran other person #ho is or #as emploed or engaged b the 'ffice of the Ethics/ommissioner for anthing done in good faith under this Act8

(2) Do action lies against a person #ho in good faith provides information or gives evidencein a proceeding under 1art 5 to the Ethics /ommissioner or to a person emploed or engagedb the 'ffice of the Ethics /ommissioner8

*??* c/2448* s9=

Ann)al report

9@(1) %he Ethics /ommissioner shall! at an times that the Ethics /ommissioner considersappropriate! and at least annuall! report in #riting to the Spea7er of the LegislativeAssembl

,a- the names of Members #ho! in the opinion of the Ethics /ommissioner!

,i- have not filed disclosure statements or returns #ithin the time providedb section ** or *5! as the case ma be! or

,ii- have not made the full disclosure re:uired b section *4!

and

,b- generall on the affairs of the 'ffice of the Ethics /ommissioner8

(2) %he Spea7er of the Legislative Assembl shall la a cop of the report before theLegislative Assembl if it is then sitting or! if it is not then sitting! #ithin *5 das after thecommencement of the next sitting8

*??* c/2448* s99

Re(or-s management

9 'n the recommendation of the Ethics /ommissioner! the Standing /ommittee ma ma7ean order

,a- respecting the management of records in the custod or under the control of the'ffice of the Ethics /ommissioner! including their creation! handling! control!organi6ation! retention! maintenance! securit! preservation! disposition! alienationand destruction and their transfer to the 1rovincial Archives of Alberta;


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,b- establishing or governing the establishment of programs for an matter referredto in clause ,a-;

,c- defining and classifing records;

,d- respecting the records or classes of records to #hich the order or an provisionof it applies8

*??5 c=9 s4

Part $Re,ie

Re,ie of A(t

9> 3 &ebruar *! 45 and ever 5 ears after that! a special committee established b theLegislative Assembl must begin a comprehensive revie# of this Act and must submit to theLegislative Assembl! #ithin one ear after beginning the revie#! a report that includes anamendments recommended b the committee8

*??> c== s*>

Part %Transitional

Appointment of first Et*i(s Commissioner9? &or the purposes of appointing the first Ethics /ommissioner! if the LegislativeAssembl is not sitting! the Lieutenant Bovernor in /ouncil on the recommendation of theStanding /ommittee ma appoint an Ethics /ommissioner! and unless the office soonerbecomes vacant! the person so appointed holds office until the appointment is confirmed bthe Legislative Assembl8

*??* c/2448* s95

rea(*es prior to Mar(* 14 1%%3

5(1) Sub"ect to subsection ,4-! no proceeding ma be commenced under this Act in respectof an alleged breach of this Act committed prior to March *! *??=8

(2) Where a Member is! prior to March *! *??=! liable to dis:ualification under section 4,*-,b- or ,c-! 4> or 4? of theLegislative Assembly Actas it read on &ebruar 4>! *??= and noproceeding has been commenced under theLegislative Assembly Act! the proceeding shall be

commenced in accordance #ith 1art 5 of this Act8 *??* c/2448* s9@

lin- tr)sts

5*(1) +n this section! .prior trust0 means

,a- a blind trust under theLegislative Assembly Act! or

,b- a trust established before March *! *??= under the .1remiers Buidelines0 tabledin the Legislative Assembl on Ma 4! *?=8

(2) A Member #ho has a prior trust and #ishes to establish a blind trust under this Act ma#ithin @ das after March *! *??= appl to the Ethics /ommissioner for advice andrecommendations relating to the transfer of publicl2traded securities from the prior trust to ablind trust established in accordance #ith this Act8

(3) A Member does not breach this Act if a prior trust contains securities in a privatecorporation that on March *! *??= #ould put the Member in breach of this Act! if theMember ta7es an steps that the Ethics /ommissioner recommends to remove the grounds ofthe breach as soon as the Ethics /ommissioner considers practicable in the circumstances8

*??* c/2448* s9


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S(*e-)le

'is6)alif0ing Offi(es

Part 17)-i(ial Offi(es

*8 (udges of %he 1rovincial /ourt of Alberta

Part 2Offi(es of t*e Legislat)re

*8 %he Auditor Beneral of Alberta under the Auditor Beneral Act48 %he 'mbudsman under the 'mbudsman Act=8 %he /hief Electoral 'fficer under the Election Act98 %he Ethics /ommissioner under the /onflicts of +nterest Act58 %he +nformation and 1rivac /ommissioner

Part 3Ot*er 'is6)alif0ing Offi(es

%he office of chair or member of an of the follo#ing$

Agriculture &inancial Services /orporationAlberta Agricultural 1roducts Mar7eting /ouncilAlberta Apprenticeship and +ndustr %raining 3oard under the Apprenticeship and+ndustr %raining ActAlberta +nsurance Rate 3oardAlberta 3uilding Standards /ouncilAlberta /ancer 3oardAlberta /apital &inance AuthoritAlberta Electric Energ Mar7eting AgencAlberta Sport /ouncilAlberta Baming /ommission appointed under section 4 of the /riminal /ode ,/anada-%he Alberta Bovernment %elephones /ommissionAlberta Human Rights and /iti6enship /ommission

3oard of the Alberta Baming and Li:uor /ommissionAlberta Social Housing /orporationAlberta 'rder of Excellence /ouncilAlberta 1etroleum Mar7eting /ommissionAlberta Securities /ommissionAlberta %ransportation Safet 3oardAppeal board under the &arm +mplement ActAppeal board under the &reehold Mineral Rights %ax ActAppeal board under the Mortgage 3ro7ers Regulation ActAppeal board under the Real Estate Agents Licensing ActAppeal panel under the ependent Adults Act3oard of /ensors under the Amusements Act3oard of irectors of the Alberta Beneral +nsurance /ompan3oard of irectors of the Alberta 'pportunit /ompan3oard of Examiners in 1odiatr

3oard of governors of a public college under the 1ost2secondar Learning Act3oard of governors of a technical institute under the 1ost2secondar Learning Act3oard of governors of a universit under the 1ost2secondar Learning Act3oard of Bovernors of %he 3anff /entre for /ontinuing Education3oard of a hospital district incorporated under section > of the Hospitals Act ,RSA *?>cH2**-3oard of revie# under section @*? of the /riminal /ode ,/anada-3oard of trustees of Dorthland School ivision Do8 @*3od incorporated under section @ of the


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/hild and &amil Services Authorit board under the /hild and &amil ServicesAuthorities Act/riminal +n"uries Appeal 3oardEnerg Resources /onservation 3oard&atalit Revie# 3oardHealth isciplines 3oardHorse Racing AlbertaHospital 1rivileges Appeal 3oard+nitial governing authorit of a technical institute under the 1ost2secondar Learning Act+nitial governing authorit or governing authorit of a universit under the1ost2secondar Learning Act+rrigation /ouncil(udicial /ouncil established under 1art @ of the (udicature ActLabour Relations 3oardLand /ompensation 3oardLand /onservation and Reclamation /ouncilLa# Enforcement Appeal 3oardLocal Authorities 1ension 1lan 3oard of %rusteesManagement Emploees 1ension 3oardMembers of the Legislative Assembl1ension 1lan 3oardMetis Settlements Appeal %ribunal! including the Land Access 1anel and the ExistingLeases Land Access 1anel

Municipal Bovernment 3oardDatural Resources /onservation 3oard'ccupational Health and Safet /ouncil'phthalmic ispensers Examining 3oard1rovincial Health 3oard under the Regional Health Authorities Act1ublic Emergenc %ribunal under the 3urial of the ead Act1ublic Health Appeal 3oard1ublic Service 1ension 3oard1ublic

Conflict of Interst Act - C23

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Transcript of Conflict of Interst Act - C23