Who is the Commissioner?The Conflict of Interest Commissioner is an officer of the Legislative Assembly, appointed by way of a resolution which must be supported by at least 2/3rds of the Members of the Legislative Assembly. The Commissioner holds office for a 5 year term.
The present Commissioner is the Honourable John A. McQuaid, Q.C. who was appointed in 2015.
Mr. McQuaid is a retired Justice of the Prince Edward Island Court of Appeal having served on that Court from 1993 to 2013. Prior to his appointment to the Court Mr. McQuaid practiced law in Charlottetown from 1973 to 1993.
What is the role of the Commissioner?First, the Commissioner acts as an advisor to Members.
Secondly, each Member is required to meet with the Commissioner at least once annually to review the disclosure of the Member's private interests and general obligations imposed by the Act.
Thirdly, the Commissioner prepares a Public Disclosure Statement for each Member of the Legislative Assembly. These statements are filed with the Clerk of the Legislative Assembly. They are available for public inspection and are posted on the website of the Legislative Assembly.
Fourthly, the Commissioner undertakes investigations and provides opinions into an alleged contravention of the Conflict of Interest Act. Upon completion of the investigation, the Commissioner reports to the Legislature through the Speaker. If the Commissioner finds that the Member is in breach of the Act, the Commissioner has a number of options ranging, from a recommendation that no penalty be imposed, to a recommendation that the Member's seat be declared vacant. [Section 32]