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Conflict of Interest Commissioner's Role
As an independent officer of the Legislative Assembly the Conflict of Interest Commissioner has four key responsibilities:
- The Commissioner is an adviser to Members if they have questions about potential conflicts between their public duties and their private interests.
- The Commissioner meets with each Member individually annually (and as needed) to review the required disclosure of the Member's private interests and general obligations imposed by the Act.
- 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.
- The Commissioner investigates alleged contraventions of the Conflict of Interest Act made to the Commissioner's office in writing, reporting to the legislature through the Speaker. If the Commissioner finds that the Member is in breach of the Act, they can make one of four recommendations:
-that no penalty be imposed;
-that the Member be reprimanded;
-that the Member be suspended from the Legislature for a period of time; or,
-that the Member’s seat be declared vacant.
What is a conflict of interest?
Whether a Member of the Legislative Assembly is in a conflict of interest is determined by the Conflict of Interest Act R.S.P.E.I. 1988 Cap. C-17.1
The general purpose and objective of the Act is to make sure no Member of the Legislative Assembly (MLA) makes or participates in a decision that furthers their private interest or improperly furthers the private interest of another person.
The Act governs only the conduct of MLAs, including the Premier and Cabinet Ministers.
A conflict of interest arises when an MLA makes a decision or participates in making a decision that:
- furthers the private financial interest of a Member or that of his or her family or;
- improperly furthers another person’s private interest. [Section 9]
However, if it is a decision that applies generally to the public and affects the MLA or his or her family as members of a broader class of persons, or concerns remuneration or benefits of a Member, it is not considered to be a conflict of interest. [Section 1(g)].
The Act prohibits an MLA from using information obtained as the result of being an MLA to advance the interests of the MLA or another person if that information is not generally available to the public. Furthermore, an MLA shall not provide this type of information to another person if the MLA knows or should reasonably know the information will be used to advance the interests of another person. [Section 10]
An MLA is prohibited from using his or her office to influence a decision to be made by another person so as to further the private interest of the MLA or the private interest of another person. [Section 11]
Who can make a complaint of a conflict to the Commissioner?
Anyone with reasonable grounds to believe an MLA is in a conflict under the Act can submit written evidence to the Office of the Commissioner for review. Their application must be in writing and must include:
- their own name and contact information;
- an explanation of their understanding of the event or circumstances that put the MLA in conflict; and,
- affidavit evidence to support their submission.
The Commissioner has the authority to determine the validity of submissions, and to conduct an official inquiry into whether there has been a violation of the Act. Following the inquiry, the Commissioner's opinion is provided to the Speaker of the Legislative Assembly.