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CONFLICTS OF INTEREST ACT

Chapter C‑23

Table of Contents

Part 1
Interpretation

1 Interpretation

Part 2
Obligations of Members

2 Decisions furthering private interests

3 Influence

4 Insider information

5 Constituency matters

6 Offices and employment

7 Gifts, benefits from persons other than the Crown

7.1 Travel on non‑commercial aircraft

8 Contracts with the Crown

9 Payments from the Crown

10 Deemed Member

Part 3
Disclosure

11 Disclosure statements

12 Contents of disclosure statement

13 Meeting with Members

14 Public disclosure statements

15 Returns relating to persons directly associated

16 Minister of Finance’s report

17 Filing of public disclosure statements

18 Failure to file

19 Reimbursement for costs

Part 4
Members of the Executive Council and Leader
of Her Majesty’s Loyal Opposition

20 Restriction on holdings

21 Employment restrictions

22 Time for compliance

23 Leader of the opposition

Part 5
Investigations into Breaches

24 Requests for investigation

25 Investigation and inquiry

26 Confidentiality

27 Ethics Commissioner’s report

28 Tabling of report

29 Powers of the Legislative Assembly

30 Offences

Part 6
Former Ministers

31 Dealings with Government by former Ministers

32 Breach for awarding contracts

Part 6.1
Former Political Staff Members

32.1 Dealings with Government by former political
staff members

32.2 Breach for awarding contract

Part 7
Ethics Commissioner

33 Appointment

34 Term of office

35 Resignation

36 Suspension or removal

37 Acting Ethics Commissioner

38 Remuneration

39 Oath

40 Office of the Ethics Commissioner

41 Financing of operations

42 General duties of Ethics Commissioner

43 Binding advice and recommendations

44 General advice and recommendations

45 Actions against Ethics Commissioner and others

46 Annual report

47 Records management

Part 8
Review

48 Review of Act

Schedule

Preamble

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

WHEREAS Members of the Legislative Assembly can serve Albertans most effectively if they come from a spectrum of occupations and continue to participate actively in the community;

WHEREAS Members of the Legislative Assembly are expected to perform their duties of office and arrange their private affairs in a manner that promotes public confidence and trust in the integrity of each Member, that maintains the Assembly’s dignity and that justifies the respect in which society holds the Assembly and its Members; and

WHEREAS Members of the Legislative Assembly, in reconciling their duties of office and their private interests, are expected to act with integrity and impartiality:

THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

Part 1
Interpretation

Interpretation

1(1) In this Act,

(a) “Crown” means the Crown in right of Alberta and includes a Provincial agency;

(b) “former Minister” means a person who has ceased to be a member of the Executive Council, whether or not the person is a Member of the Legislative Assembly;

(b.1) “former political staff member” means a person who has ceased to hold the following position, by whatever name that position may be called:

(i) Chief of Staff, Office of the Premier;

(ii) Deputy Chief of Staff, Office of the Premier;

(iii) Director, Office of the Premier, Southern Alberta;

(iv) executive assistant to a Minister as defined in Order in Council numbered O.C. 192/98;

(c) “Member” means a Member of the Legislative Assembly and includes a Minister whether or not the Minister is a Member of the Legislative Assembly;

(d) “Minister” means a member of the Executive Council;

(e) “minor child” includes a minor to whom a Member has demonstrated a settled intention to treat as a child of the Member’s family;

(f) “private corporation” means a corporation none of whose shares are publicly‑traded securities;

(g) “private interest” does not include the following:

(i) an interest in a matter

(A) that is of general application,

(B) that affects a person as one of a broad class of the public, or

(ii) an interest that is trivial;

(iii) an interest of a Member relating to publicly‑traded securities in the Member’s blind trust;

(h) “Provincial agency” means a Provincial agency as defined in the Financial Administration Act but does not include a corporation enumerated in section 2(5) of that Act;

(i) “publicly‑traded securities” means

(i) securities of a corporation that are listed or posted for trading on a recognized stock exchange, or

(ii) securities of a corporation that has more than 15 shareholders and any of whose issued securities were part of a distribution to the public;

(j) “securities” means

(i) shares of any class or series of shares of a corporation, or

(ii) bonds, debentures, notes or other evidence of indebtedness or guarantees of a corporation, whether secured or unsecured,

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

(k) “senior officer” means, with reference to a corporation,

(i) the president, vice‑president, secretary, comptroller, treasurer or general manager of the corporation, or

(ii) any other person who performs functions for the corporation similar to those normally performed by persons holding the offices referred to in subclause (i);

(l) “spouse” means the husband or wife of a married person who is a Member but does not include a spouse who is living separate and apart from the Member if the Member and spouse have separated pursuant to a written separation agreement or if their support obligations and family property have been dealt with by a court order;

(m) “Standing Committee” means the Standing Committee on Legislative Offices.

(2) For 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 were part of a distribution to the public.

(3) Subject to subsection (4), 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 has been a filing of a prospectus, statement of material facts, registration statement, securities exchange take‑over bid circular or similar document under the laws of Canada, a province or territory or of a jurisdiction outside Canada, or

(b) are deemed to be part of a distribution to the public if the securities have been issued and a filing referred to in clause (a) would be required if the securities were being issued currently.

(4) On the application of a Member who owns or is a beneficial owner of securities of a corporation, the Ethics Commissioner may determine, for the purposes of this Act, whether the securities of the corporation are or were part of a distribution to the public.

(5) For the purposes of this Act, a person is directly associated with a Member if that person is

(a) the Member’s spouse or adult interdependent partner,

(b) a corporation having share capital and carrying on business or activities for profit or gain and the Member is a director or senior officer of the corporation,

(c) a private corporation carrying on business or activities for profit or gain and the Member owns or is the beneficial owner of shares of the corporation,

(d) a partnership

(i) of which the Member is a partner, or

(ii) of which one of the partners is a corporation directly associated with the Member by reason of clause (b) or (c),

(e) a person or group of persons acting with the express or implied consent of the Member.

(5.1) For the purposes of this Act, a corporation is a subsidiary of another corporation if

(a) securities of the corporation to which are attached more than 50% of the votes that may be cast to elect directors of the corporation are held, otherwise than by way of security only, directly or indirectly, whether through one or more subsidiaries or otherwise, by or for the benefit of the other corporation, and

(b) the votes attached to those securities are sufficient, if exercised, to elect a majority of the directors of the corporation.

(6) Subsection (5)(c) does not apply where the corporation is

(a) an association as defined in the Co‑operative Associations Act or a cooperative as defined in the Cooperatives Act,

(b) a credit union continued or incorporated under the Credit Union Act,

(d) The United Farmers of Alberta Co‑Operative Limited.

(7) For the purposes of this Act, a trust is a “blind trust” if it meets the following criteria:

(a) a Member is the settlor of the trust;

(b) the trustee is approved as trustee by the Ethics Commissioner after the Ethics Commissioner is satisfied that there is no relationship between the Member and the trustee that would affect or would appear to affect the discharge of the trustee’s duties;

(i) give the trustee sole power over investment decisions,

(ii) preclude the Member from having any knowledge of the specific investments in the trust at any time after a deposit in the trust,

(iii) require that the Member may deposit in the trust only securities verified by the Ethics Commissioner as being publicly‑traded securities, shares or units in a mutual fund, futures and forward contracts or exchange contracts, and

(iv) require the trustee to invest only in publicly‑traded securities, in shares or units in a mutual fund, in futures and forward contracts, in exchange contracts or in certificates of deposit, deposit receipts or other evidence of indebtedness given by a bank, trust company, credit union or treasury branch in consideration of a deposit made with the bank, trust company, credit union or treasury branch.

RSA 2000 cC‑23 s1;2001 cC‑28.1 s449;
2001 c23 s1(9);2002 cA‑4.5 s26;
2007 c28 s3

Part 2
Obligations of Members

Decisions furthering private interests

2(1) A Member breaches this Act if the Member takes part in a decision in the course of carrying out the Member’s office or powers knowing that the decision might further a private interest of the Member, a person directly associated with the Member or the Member’s minor or adult child.

(2) Where a matter for decision in which a Member has reasonable grounds to believe that the Member, the Member’s minor or adult child or a person directly associated with the Member has a private interest is before a meeting of the Executive Council or a committee of the Executive Council or the Legislative Assembly or a committee appointed by resolution of the Legislative Assembly, the Member must, if present at the meeting, declare that interest and must withdraw from the meeting without voting on or participating in the consideration of the matter.

(3) A Member who fails to comply with subsection (2) breaches this Act.

(4) If a matter referred to in subsection (1) requires a decision of a Minister, the Minister may request another Minister to act in the Minister’s stead in connection with the decision and the Minister to whom it is referred may act in the matter for the period of time necessary.

(5) In the case of a meeting of the Legislative Assembly or a committee of it, where a Member has complied with subsection (2), the Clerk of the Legislative Assembly or the secretary of the meeting shall file with the Ethics Commissioner, as soon as practicable, a copy of the deliberations and proceedings, as recorded in Alberta Hansard, of the meeting from which the Member withdrew.

(6) In the case of a meeting of the Executive Council or a committee of it, where a Member has complied with subsection (2), the secretary of the meeting shall record

(a) the declaration,

(b) the general nature of the private interest declared, and

(7) The secretary of the meeting shall file the information recorded under subsection (6) with the Ethics Commissioner as soon as practicable after the meeting.

(8) Information filed with the Ethics Commissioner under subsection (7) is confidential and may not be disclosed or inspected, but the information may be inspected and used by the Ethics Commissioner if the information is likely to be material in determining whether a Member has breached this Act.

(9) If no record was kept of who was present at a meeting at the time a matter for decision arose in which a Member, a Member’s minor or adult child or a person directly associated with a Member had a private interest, no inference that the Member was present at the meeting at the time the matter arose can be made for the purposes of determining whether there was a breach under subsection (2).

RSA 2000 cC‑23 s2;2007 c28 s4

Influence

3 A Member breaches this Act if the Member uses the Member’s office or powers to influence or to seek to influence a decision to be made by or on behalf of the Crown to further a private interest of the Member, a person directly associated with the Member or the Member’s minor child or to improperly further another person’s private interest.

RSA 2000 cC‑23 s3;2007 c28 s5

Insider information

4 A Member breaches this Act if the Member uses or communicates information not available to the general public that was gained by the Member in the course of carrying out the Member’s office or powers to further or seek to further a private interest of the Member or another person’s private interest.

RSA 2000 cC‑23 s4;2007 c28 s6

Constituency matters

5 A Member does not breach this Act if the activity is one in which Members of the Legislative Assembly normally engage.

RSA 2000 cC‑23 s5;2007 c28 s7

Offices and employment

6(1) A Member breaches this Act if the Member

(a) is at the time of being sworn in as a Member, or becomes at any time after being sworn in as a Member,

(i) an employee of the Crown in right of Canada, whether the employment is permanent or temporary or on a full‑time or part‑time basis, or

(ii) the holder of an office by reason of an appointment by or at the nomination of the Governor in Council or a Minister of the Crown in right of Canada, and to which a salary is attached,

(b) becomes at any time while a Member

(i) an employee of the Crown, whether the employment is permanent or temporary or on a full‑time or part‑time basis, or

(ii) the holder of any of the offices set out in the Schedule.

(2) If a person is, immediately before becoming a Member,

(a) an employee of the Crown, whether the employment is permanent or temporary or on a full‑time or part‑time basis, or

(b) the holder of any of the offices set out in the Schedule,

that person, on becoming a Member, ceases to be an employee of the Crown or the holder of the office, as the case may be, notwithstanding any other Act or law in force in Alberta.

(3) A Member does not breach this section by reason of being appointed to an office set out in the Schedule in the Member’s capacity as a Minister if the Member receives no remuneration as the holder of that office other than reasonable travelling and living expenses incurred in the course of serving in that office.

(4) Employment with the Crown held pursuant to a contract of employment shall be governed by this section and not by section 8.

1991 cC‑22.1 s6

Gifts, benefits from persons other than the Crown

7(1) A Member breaches this Act if the Member or, to the knowledge of the Member, the Member’s spouse or adult interdependent partner or minor child accepts from a person other than the Crown a fee, gift or other benefit that is connected directly or indirectly with the performance of the Member’s office.

(2) Subsection (1) does not apply to a fee, gift or other benefit that is accepted by the Member or the Member’s spouse or adult interdependent partner or minor child as an incident of protocol or of the social obligations that normally accompany the responsibilities of the Member’s office if

(a) the total value of the fees, gifts and benefits given from the same source to the Member and the Member’s spouse or adult interdependent partner and minor children in any calendar year is $400 or less, or

(b) the Member applies to the Ethics Commissioner

(i) as soon as practicable after the fee, gift or benefit is received by the Member, or

(ii) as soon as practicable after the Member has knowledge that the fee, gift or benefit has been accepted by the Member’s spouse or adult interdependent partner or minor child,

and either obtains the Ethics Commissioner’s approval for its retention, on any conditions the Ethics Commissioner prescribes, or, if the approval is refused, takes any steps that the Ethics Commissioner directs with respect to the disposition of the fee, gift or benefit.

(2.1) Subsections (1) and (2) do not apply to a gift or other non‑monetary benefit that is accepted by the Member or the Member’s spouse or adult interdependent partner or minor child from the Member’s political party or constituency association or from a charitable organization.

(3) The Ethics Commissioner may give an approval under subsection (2)(b) only where the Ethics Commissioner is satisfied that there is no reasonable possibility that retention of the fee, gift or other benefit will create a conflict between a private interest and the public duty of the Member.

RSA 2000 cC‑23 s7;2002 cA‑4.5 s26;2007 c28 s8

Travel on non‑commercial aircraft

7.1(1) In this section, “non‑commercial chartered or private aircraft” does not include a non‑commercial aircraft chartered by the Crown or a private aircraft owned or leased by the Crown.

(2) A Member breaches this Act if the Member accepts travel on a non‑commercial chartered or private aircraft for any purpose.

(3) A Member does not breach subsection (2) if

(a) the Member is travelling in his or her capacity as a Member of the Legislative Assembly, as a member of the Executive Council or as the holder of an office to which the Member is elected or appointed by the Legislative Assembly, and

(b) the Member informs the Ethics Commissioner within 7 days after the travel is completed.

2007 c28 s9

Contracts with the Crown

8(1) A Member breaches this Act if, while being a Member, the Member or a person directly associated with the Member or with the Member’s spouse or adult interdependent partner becomes a party to a contract within any of the following classes:

(a) a contract under which the Member or the person directly associated with the Member or with the Member’s spouse or adult interdependent partner borrows money from a treasury branch;

(b) a contract under which the Member or the person directly associated with the Member or with the Member’s spouse or adult interdependent partner conveys or agrees to convey to the Crown any interest in land otherwise than

(i) by consenting to the acquisition by the Crown of the interest under section 30 of the Expropriation Act and executing a conveyance under that section, or

(ii) with the approval of the Ethics Commissioner on certification that the consideration for the conveyance is fair and reasonable;

(c) a contract to which the Crown is also a party and that is for the construction, demolition, alteration or repair of a public work;

(d) a contract under which the Agriculture Financial Services Corporation lends money to, or guarantees a debt of, the Member or the person directly associated with the Member or with the Member’s spouse or adult interdependent partner;

(e) repealed 2007 c28 s10;

(f) a contract to which the Crown is also a party, other than a contract referred to in clauses (a) to (e), if the Member or the person directly associated with the Member or with the Member’s spouse or adult interdependent partner receives a preference from the Crown on entering into the contract or receives a benefit under the contract not available to other members of the public under contracts of the same class.

(2) Subsection (1)(f) does not prevent a Member or a person directly associated with the Member or with the Member’s spouse or adult interdependent partner from becoming a party to a contract with the Crown if the contract provides for a payment or benefit permitted under section 9(2)(a), (b) or (c).

(3) Where a contract to which the Crown is also a party, other than a contract referred to in subsection (1)(a) to (e), is entered into in which a Member or a person directly associated with a Member or with the Member’s spouse or adult interdependent partner is a party but did not receive a preference from the Crown or a benefit under the contract not available to other members of the public under contracts of the same class, the Minister responsible for the department or the agency or other body of the Crown that awarded the contract

(a) must advise the Ethics Commissioner of the contract, and

(b) must provide to the Ethics Commissioner a statutory declaration setting out

(i) the procedure used for awarding the contract, and

(ii) that the Member or the person directly associated with a Member or with the Member’s spouse or adult interdependent partner did not receive a preference from the Crown or a benefit under the contract not available to other members of the public under contracts of the same class.

(4) A Member does not breach subsection (1) in respect of a renewal of a contract to which subsection (1) would otherwise apply if

(a) at the time of becoming a Member, the Member or the person directly associated with the Member or with the Member’s spouse or adult interdependent partner was a party to the contract, and

(b) repealed 2007 c28 s10,

(c) the Ethics Commissioner, before the renewal is made by the Member or the person directly associated with the Member or with the Member’s spouse or adult interdependent partner, gives an opinion that

(i) the provisions of the renewal are fair and reasonable in the circumstances, having regard to the provisions of the existing contract,

(ii) the renewal will be effected in accordance with the provisions of the contract pertaining to its renewal, and

(iii) the Member or the person directly associated with the Member or with the Member’s spouse or adult interdependent partner has not received any preference from the Crown in relation to the renewal and will not receive a benefit under the renewal not available to other members of the public under a contract of the same class.

(5) A Member does not breach subsection (1) in respect of a contract to which subsection (1) would otherwise apply if, in the Ethics Commissioner’s opinion,

(a) the contract will not create a conflict between the person contracting with the Crown and the public interest, or

(b) the contract is trivial.

(6) In addition to section 1(5)(a), for the purposes of this section a person is directly associated with a Member or with a Member’s spouse or adult interdependent partner if that person is

(a) a corporation having share capital and carrying on business or activities for profit or gain of which that Member or Member’s spouse or adult interdependent partner is a director or senior officer, or a subsidiary of such a corporation whether or not that Member or Member’s spouse or adult interdependent partner is a director or senior officer of the subsidiary,

(b) a private corporation carrying on business or activities for profit or gain of which that Member or Member’s spouse or adult interdependent partner owns or is the beneficial owner of shares, or a subsidiary of such a corporation whether or not that Member or Member’s spouse or adult interdependent partner owns or is the beneficial owner of shares of the subsidiary,

(i) of which that Member or Member’s spouse or adult interdependent partner is a partner, or

(ii) of which one of the partners is a corporation directly associated with that Member or Member’s spouse or adult interdependent partner by reason of clause (b),

(d) a person or group of persons acting with the express or implied consent of that Member or Member’s spouse or adult interdependent partner.

(7) Section 1(6) applies in respect of subsection (6)(b).

(8) Sections 3(b) and (d) and 10(a) of the Conflicts of Interest Amendment Act, 2007 do not apply in respect of contracts entered into before those sections come into force, but subsection (4) of this section applies in respect of a renewal of those contracts.

RSA 2000 cC‑23 s8;2007 c28 s10

Payments from the Crown

9(1) A Member breaches this Act if, while being a Member, the Member or a person directly associated with the Member accepts a payment of public money from the Crown or a person acting on behalf of the Crown otherwise than as permitted by subsection (2).

(2) A Member or a person directly associated with the Member may accept a payment of public money from the Crown or a person acting on behalf of the Crown if

(a) the payment is made to the Member pursuant to Part 3 or 4 of the Legislative Assembly Act or otherwise in the Member’s capacity as a Member of the Legislative Assembly, as a member of the Executive Council or as the holder of an office to which the Member is elected by the Legislative Assembly or appointed by or at the nomination of the Lieutenant Governor in Council or a Minister of the Crown in right of Alberta, and the payment is authorized by or pursuant to

(i) the Legislative Assembly Act or any other enactment,

(ii) a resolution or order of the Legislative Assembly, or

(iii) a supply vote,

(b) the recipient is, according to the enactment authorizing the payment, entitled to the payment as a matter of right or subject only to compliance with the requirements of that enactment that are conditions precedent to the payment,

(i) is, according to the enactment under which the payment is authorized, eligible to apply for the payment and complies with the requirements of that enactment that are conditions precedent to the payment,

(ii) in respect of the recipient’s application is given no preference not available to others, and

(iii) receives no special benefit in relation to the recipient’s application or the payment,

(d) the payment is made under a contract that may be entered into without the Member being in breach of section 8.

1991 cC‑22.1 s9;1996 cA‑27.01 s23

Deemed Member

10 If a person ceases to be a Member of the Legislative Assembly by reason of dissolution of the Legislature or otherwise and again becomes a Member of the Legislative Assembly by reason of being elected in the succeeding general election or by‑election, as the case may be, then, for the purposes of sections 8 and 9, the person is deemed to be a Member of the Legislative Assembly during the intervening period.

1991 cC‑22.1 s10

Part 3
Disclosure

Disclosure statements

11(1) Every Member shall file with the Ethics Commissioner a disclosure statement in the form provided by the Ethics Commissioner

(a) within 60 days after becoming a Member of the Legislative Assembly,

(b) within 60 days after being appointed to the Executive Council if the Member has not filed a current disclosure statement as a Member of the Legislative Assembly, and

(2) A Member shall, within 30 days after the occurrence of any material changes to the information contained in a current disclosure statement, file with the Ethics Commissioner an amending disclosure statement in the form provided by the Ethics Commissioner setting out the changes.

1991 cC‑22.1 s11

Contents of disclosure statement

12 A disclosure statement

(a) shall include a statement, as of a date determined by the Ethics Commissioner, of the assets, liabilities and financial interests of the Member, of any private corporation controlled by the Member and of any private corporation controlled by a combination of the Member and the Member’s spouse or adult interdependent partner or minor children, but not including investments in a blind trust,

(b) shall include a statement, as of a date determined by the Ethics Commissioner, of the assets, liabilities and financial interests of the Member’s spouse or adult interdependent partner and minor children and of any private corporation controlled by the Member’s spouse or adult interdependent partner, minor children or any combination of them, so far as known to the Member after the Member has requested information from the Member’s spouse or adult interdependent partner,

(b.1) shall, as of a date determined by the Ethics Commissioner, identify any legal proceedings of which the Member is aware being brought against the Member,

(b.2) shall, as of a date determined by the Ethics Commissioner, identify whether the Member is in arrears of maintenance payable, including legal costs, interest and penalties, in respect of a maintenance order or agreement,

(c) need not include obligations being incurred for ordinary living expenses that will be discharged in the ordinary course of the Member’s 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 known to the Member after the Member has requested information from the Member’s spouse or adult interdependent partner, any other person mentioned in clause (b)

have received in the preceding 12 months or expect to receive in the next 12 months and, to the extent required by the Ethics Commissioner, of the sources of the income, and

(e) shall include a list of all fees, gifts and benefits approved for retention under section 7(2)(b).

RSA 2000 cC‑23 s12;2002 cA‑4.5 s26;
2007 c28 s11

Meeting with Members

13 The Ethics Commissioner shall, as soon as practicable after a Member has filed a disclosure statement, meet with the Member and the Member’s spouse or adult interdependent partner, if available, to ensure that the Member has made adequate disclosure and to advise about the Member’s obligations under this Act.

RSA 2000 cC‑23 s13;2002 cA‑4.5 s26

Public disclosure statements

14(1) After meeting with the Member, and with the Member’s spouse or adult interdependent partner if the spouse or adult interdependent partner is available, the Ethics Commissioner shall prepare a public disclosure statement.

(2) Where a Member files an amending disclosure statement, the Ethics Commissioner, after consulting the Member and the Member’s spouse or adult interdependent partner, if available, shall, if the Ethics Commissioner considers it necessary, prepare either a new public disclosure statement or a supplementary public disclosure statement, which shall form part of the Member’s public disclosure statement.

(3) Except as provided in this section, a public disclosure statement shall identify

(a) the assets, liabilities, financial interests and sources of income,

(b) the fees, gifts or benefits approved for retention under section 7(2)(b), and

as disclosed in the Member’s disclosure statement, but shall not state the amount or value of them.

(4) The following shall be excluded from a public disclosure statement unless the Ethics Commissioner is of the opinion that disclosure of the asset, liability, financial interest, source of income or information is likely to be material to the determination of whether a Member is or is likely to be in breach of this Act:

(a) assets, liabilities or interests having a value of less than $10 000;

(b) a source of income of less than $5000 per year;

(c) information identifying a home or recreational property occupied by the Member, the Member’s spouse or adult interdependent partner or one of the Member’s family;

(d) personal property that the Member, the Member’s spouse or adult interdependent partner or one of the Member’s family uses primarily for transportation, household, educational, recreational, social or esthetic purposes;

(e) unpaid taxes, except property taxes under the Municipal Government Act and taxes under the School Act;

(f) support obligations.

(5) The Ethics Commissioner may from time to time establish other categories of matters to be excluded from public disclosure statements on the grounds that they are of little or no importance and are not likely to be material to the determination of whether a Member is or is likely to be in breach of this Act.

(6) If in the opinion of the Ethics Commissioner disclosure of the amount or value of an asset, liability, financial interest or source of income is likely to be material to the determination of whether a Member is or is likely to be in breach of this Act, the amount or value shall be included in the public disclosure statement.

(7) The Ethics Commissioner may exclude from the public disclosure statement a source of income received by a Member’s spouse or adult interdependent partner or minor child or a private corporation if

(a) the income is or will be received in respect of services or things that are customarily provided on a confidential basis, or

(b) the possibility of serious harm to a business of the spouse or adult interdependent partner, minor child or private corporation justifies a departure from the general principle of public disclosure.

(8) Information included in a disclosure statement or amending disclosure statement of a Member to the Ethics Commissioner and not included in the Member’s public disclosure statement is confidential unless it is relevant to a proceeding under Part 5.

(9) On completion of a public disclosure statement or a supplementary disclosure statement, the Ethics Commissioner shall file it with the Clerk of the Legislative Assembly.

RSA 2000 cC‑23 s14;2002 cA‑4.5 s26;
2007 c28 s12

Returns relating to persons directly associated

15(1) Every person who becomes a Member shall, within 60 days after becoming a Member, furnish to the Ethics Commissioner a return showing

(a) the name and address of each person with whom the Member was directly associated on the day of becoming a Member and with whom the Member became directly associated after that date and before the date of the return, and

(b) if the Member’s direct association with any person referred to in clause (a) terminated before the date of the return, the date of the termination.

(2) Every Member shall furnish to the Ethics Commissioner

(a) a return showing

(i) the name and address of each person with whom the Member became directly associated on or after the date of the Member’s initial return under subsection (1) or (2), and

(ii) the date on which the direct association began,

within 30 days after the direct association began, and

(b) a return showing the date on which the Member’s direct association with any person terminated, within 30 days after that date.

(3) Where a person ceases to be a Member by reason of dissolution of the Legislature or otherwise,

(a) that person shall, within 30 days after ceasing to be a Member, furnish a return to the Ethics Commissioner showing

(i) the name and address of each person with whom the person became directly associated or with whom that person ceased to be directly associated on or after the date of that person’s last return under this section, and

(ii) the date on which the direct association began or terminated, as the case may be,

and

(b) if that person again becomes a Member in the succeeding general election or by‑election, as the case may be, that person shall, within 60 days after again becoming a Member, furnish a return to the Ethics Commissioner showing

(i) the name and address of each person with whom the Member became directly associated or with whom the Member ceased to be directly associated in the intervening period, and

(ii) the date on which the direct association began or terminated, as the case may be.

(4) In a return under this section, a Member is not required to show the name and address of any person who is or was directly associated with the Member by reason of section 1(5)(e) unless that person, during the period of the direct association and as the agent of the Member with actual authority from the Member,

(a) became a party to a contract to which the Crown was also a party, or

(b) received a payment of public money from the Crown or from a person acting on behalf of the Crown, otherwise than pursuant to a contract.

(5) A return under this section may be in the form prescribed by the Ethics Commissioner.

(6) On receipt of a return under this section, the Ethics Commissioner shall file a copy of the return with the Clerk of the Legislative Assembly and provide a copy to the Minister of Finance.

RSA 2000 cC‑23 s15;2006 c23 s21

Minister of Finance’s report

16(1) The Minister of Finance shall, after the end of each Government fiscal year, prepare a report showing in respect of each person who was a Member during that fiscal year

(a) the names of the persons directly associated with the Member in that fiscal year and the period of the direct association, as indicated by the returns furnished under section 15,

(b) information relating to payments made by the Crown to the Member in that fiscal year, and

(c) information relating to payments made by the Crown in that fiscal year to the respective persons directly associated with the Member in that fiscal year, as indicated by the returns furnished under section 15.

(2) Each Provincial agency shall, in accordance with the directions of the Minister of Finance, furnish to the Minister of Finance after the end of each Government fiscal year any information that the Minister of Finance requires for the purposes of a report under subsection (1) for that fiscal year insofar as it relates to payments made by that Provincial agency in that fiscal year to Members and to the persons directly associated with Members according to the returns furnished under section 15.

(3) The Minister of Finance, in providing the information referred to in subsection (1)(b) and (c) in a report under that subsection,

(a) may classify payments in any manner the Minister of Finance considers appropriate,

(b) shall show in respect of each class of payments the aggregate amount of the payments of that class made to each Member and to each person directly associated with the Member in the fiscal year, and

(c) shall show in respect of each person who was a Member in the fiscal year to which the report relates the aggregate amount of all payments of all classes made to that Member and the aggregate amount of all payments of all classes made to each person directly associated with the Member in the fiscal year.

(4) A report prepared under subsection (1) shall not include

(a) payments made to or on behalf of the Member pursuant to Part 3 or 4 of the Legislative Assembly Act,

(b) payments required to be included in a report under section 37 of the Legislative Assembly Act,

(d) repealed 2003 cI‑0.5 s54,

(d.1) payments of assistance under Part 2 of the Income and Employment Supports Act,

(e) payments of benefits under the Assured Income for the Severely Handicapped Act,

(f) payments under the Seniors Benefit Act,

(g) pensions under the Widows’ Pension Act,

(h) compensation paid under the Workers’ Compensation Act or the Blind Workers’ Compensation Act,

(i) payments made by way of student financial assistance under the Students Finance Act or financial assistance under and within the meaning of the Student Financial Assistance Act,

(j) payments of salary, expenses and benefits, including pension benefits, paid to persons who are directly associated with the Member, but the report must indicate that payments were received by those persons,

(k) payments made by way of refunds, or

(l) any other class of payments by the Crown if the disclosure in the report of the identity of the recipients would contravene any law in force in Alberta that contains confidentiality requirements in respect of that class of payments.

(5) When a report is prepared under subsection (1), the Minister of Finance shall lay the report before the Legislative Assembly if it is then sitting or, if it is not then sitting, within 15 days after the commencement of the next sitting.

RSA 2000 cC‑23 s16;2002 cS‑20.5 s24;2003 cI‑0.5 s54;
2006 cA‑45.1 s14;2006 c23 s21

Filing of public disclosure statements

17 The Clerk of the Legislative Assembly

(a) shall retain each Member’s public disclosure statements, supplementary public disclosure statements and returns for a period of 2 years after the Member ceases to be a Member, after which the statements and returns may be destroyed,

(b) shall make the public disclosure statements, any supplementary public disclosure statements and returns available for examination by any person who wishes to examine them, and

(c) may, to the extent that the Clerk considers reasonable in view of the facilities available to the Clerk and on payment of reasonable reproduction costs, provide on request to any person copies of any public disclosure statements, supplementary public disclosure statements or returns.

RSA 2000 cC‑23 s17;2007 c28 s13

Failure to file

18 A Member breaches this Act if the Member does not file a disclosure statement, an amending disclosure statement or a return within the time provided by section 11 or 15, as the case may be, or if the Member knowingly gives false or misleading information in a statement or return.

1991 cC‑22.1 s18

Reimbursement for costs

19(1) Members are entitled to be reimbursed for costs associated with the completion of their disclosure statements and the establishment and administration of their blind trusts.

(2) The amount of the reimbursement is subject to the approval of the Ethics Commissioner.

1998 c33 s10

Part 4
Members of the Executive Council and Leader of Her Majesty’s
Loyal Opposition

Restriction on holdings

20(1) A Minister breaches this Act if the Minister, after the expiration of the relevant period referred to in section 22, owns or has a beneficial interest in publicly‑traded securities.

(2) Subsection (1) does not apply to publicly‑traded securities held in the Minister’s blind trust in accordance with this Act.

(3) A Minister does not breach subsection (1) if

(a) the Minister acquires ownership of or a beneficial interest in publicly‑traded securities with the prior approval of the Ethics Commissioner, or

(b) the Minister

(i) applies, prior to the expiration of the relevant period referred to in section 22, to the Ethics Commissioner for approval to retain ownership of or a beneficial interest in publicly‑traded securities, and

(ii) either obtains the Ethics Commissioner’s approval or, if the approval is refused, takes any steps that the Ethics Commissioner directs with respect to the disposition of the ownership or beneficial interest.

(4) The Ethics Commissioner may

(a) give an approval in respect of any publicly‑traded securities under subsection (3)(a) or (b) if the Ethics Commissioner is of the opinion that they are securities of a corporation the interests of which are not likely to be affected by decisions of the Government, or

(b) give an approval in respect of any publicly‑traded securities under subsection (3)(b) if the Ethics Commissioner is of the opinion that disposition of the securities will cause financial loss to the Minister and the public interest does not require disposition by the Minister.

(5) An approval or direction given by the Ethics Commissioner under subsection (3) may be subject to any conditions prescribed by the Ethics Commissioner.

1991 cC‑22.1 s19

Employment restrictions

21(1) A Minister breaches this Act if the Minister, after the expiration of the relevant period referred to in section 22,

(a) engages in employment or in the practice of a profession,

(b) carries on a business, or

that creates or appears to create a conflict between a private interest of the Minister and the Minister’s public duty.

(2) A Minister may carry on an activity referred to in subsection (1) in a way approved by the Ethics Commissioner if

(a) the Minister has disclosed the material facts to the Ethics Commissioner, and

(b) the Ethics Commissioner is satisfied that the activity, if carried on in a way approved by the Ethics Commissioner, will not create or appear to create a conflict between a private interest of the Minister and the Minister’s public duty.

(3) For the purposes 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 or engaging in employment or in the practice of a profession.

RSA 2000 cC‑23 s21;2007 c28 s14

Time for compliance

22(1) For the purposes of sections 20(1) and 21(1), with respect to a person who becomes a Minister, the period is 60 days after being appointed to the Executive Council or any longer period that the Ethics Commissioner may prescribe.

(2) For the purposes of section 20(1), with respect to a Minister who acquires ownership of or a beneficial interest in publicly‑traded securities by gift or inheritance, the period is 60 days after receiving the gift or inheritance or any longer period that the Ethics Commissioner may prescribe.

1991 cC‑22.1 s21

Leader of the opposition

23(1) Sections 20, 21 and 22(2) apply, with the necessary modifications, to the Leader of Her Majesty’s loyal opposition.

(2) For the purposes of sections 20(1) and 21(1) as they apply to the Leader of Her Majesty’s loyal opposition, the period is 60 days after becoming the Leader of Her Majesty’s loyal opposition or any longer period that the Ethics Commissioner may prescribe.

1998 c33 s12

Part 5
Investigations into Breaches

Requests for investigation

24(1) Any person may request, in writing, that the Ethics Commissioner investigate any matter respecting an alleged breach of this Act by a Member, former Minister or former political staff member.

(2) A request under subsection (1) must be signed by the person making it and must identify the person to the satisfaction of the Ethics Commissioner.

(3) A Member may request, in writing, that the Ethics Commissioner investigate any matter respecting an alleged breach of this Act by the Member.

(4) The Legislative Assembly may, by resolution, request that the Ethics Commissioner investigate any matter respecting an alleged breach of this Act by a Member.

(5) The Executive Council may request that the Ethics Commissioner investigate any matter respecting an alleged breach of this Act by a Minister.

(6) Where a matter has been referred to the Ethics Commissioner under subsection (1), (3) or (4), neither the Legislative Assembly nor a committee of the Assembly shall inquire into the matter.

RSA 2000 cC‑23 s24;2007 c28 s15

Investigation and inquiry

25(1) On receiving a request under section 24 or where the Ethics Commissioner has reason to believe that a Member, former Minister or former political staff member has acted or is acting in contravention of advice, recommendations or directions or any conditions of any approval or exemption given by the Ethics Commissioner to the Member, former Minister or former political staff member under this Act, and on giving the Member, former Minister or former political staff member concerned reasonable notice, the Ethics Commissioner may conduct an investigation with or without conducting an inquiry.

(1.1) A Member, former Minister or former political staff member shall co‑operate with an investigation under this section.

(2) When conducting an inquiry under this section, the Ethics Commissioner has the powers, privileges and immunities of a commissioner under the Public Inquiries Act.

(3) If an inquiry is held, it shall be held in public unless the Ethics Commissioner, in the interests of justice, decides that it is to be held in private.

(4) The Ethics Commissioner may refuse to investigate or may cease to investigate an alleged breach under this Act if the Ethics Commissioner is of the opinion that

(a) the request is frivolous or vexatious or was not made in good faith, or

(b) there are no or insufficient grounds to warrant an investigation or the continuation of an investigation.

(4.1) The Ethics Commissioner shall immediately suspend an investigation or inquiry under this section if the Ethics Commissioner discovers that the subject‑matter of the investigation or inquiry is also the subject‑matter of an investigation by a law enforcement agency to determine whether an offence under this Act or any other enactment of Alberta or under an Act of the Parliament of Canada has been committed or that a charge has been laid with respect to that subject‑matter.

(4.2) The Ethics Commissioner may not continue an investigation or inquiry under this section until any investigation or charge referred to in subsection (4.1) has been finally disposed of.

(5) The Ethics Commissioner may re‑investigate an alleged breach in respect of which the Ethics Commissioner’s findings have already been reported under this section only if, in the Ethics Commissioner’s opinion, there are new facts that on their face might change the original findings.

(6) If the Ethics Commissioner refuses to investigate or ceases to investigate an alleged breach, suspends an investigation of an alleged breach or refuses to re‑investigate an alleged breach, the Ethics Commissioner shall so inform

(a) the Member, former Minister or former political staff member against whom the allegation was made, and

(b) the Speaker of the Legislative Assembly, the President of the Executive Council or the person who made the request under section 24, as the case may be.

(7) Where the request is made under section 24(1), (3) or (4), the Ethics Commissioner shall report the Ethics Commissioner’s findings to the Speaker of the Legislative Assembly.

(8) The Ethics Commissioner may, before reporting the Ethics Commissioner’s findings to the Speaker of the Legislative Assembly under subsection (7), provide a copy of the report

(a) to the Member, former Minister or former political staff member against whom the allegation was made, and

(b) in the case of an allegation made against a Member or former Minister, to the leader in the Legislative Assembly of the political party to which the Member or former Minister belongs.

(9) Where the request is made under section 24(5), the Ethics Commissioner shall report the Ethics Commissioner’s findings to the President of the Executive Council.

(10) If the Ethics Commissioner is of the opinion

(a) that a request made by a Member under section 24(1) was frivolous or vexatious or was not made in good faith, or

(b) that a request was made under section 24(1) by a person at the request of a Member and that the request was frivolous or vexatious or was not made in good faith,

the Ethics Commissioner may state that in a report to the Speaker of the Legislative Assembly.

(11) The Speaker of the Legislative Assembly shall lay the report referred to in subsection (10) before the Legislative Assembly and the Legislative Assembly, after considering the report, may

(a) find the Member referred to in subsection (10) in contempt of the Legislative Assembly pursuant to section 10 of the Legislative Assembly Act, or

(b) order the Member referred to in subsection (10) to pay to the Member, former Minister or former political staff member against whom the allegation was made the costs of the proceeding incurred by the Member, former Minister or former political staff member against whom the allegation was made,

or both.

(12) An investigation or inquiry under this section shall not be commenced more than 2 years after the date on which the alleged breach occurred.

RSA 2000 cC‑23 s25;2007 c28 s16

Confidentiality

26(1) Except as provided in this section, the Ethics Commissioner or any former Ethics Commissioner or a person who is or was employed or engaged by the Office of the Ethics Commissioner shall maintain the confidentiality of all information and allegations that come to their knowledge in the course of the administration of this Act.

(2) Allegations and information to which subsection (1) applies may be

(a) disclosed to the Member, former Minister or former political staff member whose conduct is the subject of proceedings under this Part;

(b) disclosed by a person conducting an investigation to the extent necessary to enable that person to obtain information from another person;

(d) disclosed in a report made by the Ethics Commissioner under this Part;

(e) disclosed where the Ethics Commissioner believes on reasonable grounds that the disclosure is necessary for the purpose of advising the Minister of Justice and Attorney General or a law enforcement agency of an alleged offence under this Act or any other enactment of Alberta or an Act of the Parliament of Canada.

RSA 2000 cC‑23 s26;2007 c28 s17

Ethics Commissioner’s report

27(1) A report by the Ethics Commissioner to the Speaker of the Legislative Assembly under section 25(7) must be concise and may set out only the following:

(a) the facts relating to the alleged breach found by the Ethics Commissioner, and

(b) the Ethics Commissioner’s findings as to whether the Member has breached this Act and, if so,

(i) the nature of the breach, and

(ii) the Ethics Commissioner’s recommendation for the sanction, if any, that the Legislative Assembly may impose on the Member for the breach.

(1.1) Notwithstanding subsection (1), if a report relates to a former Minister who is no longer a Member or to a former political staff member, subsection (1)(b)(ii) does not apply.

(2) The Ethics Commissioner may recommend any one of the following sanctions:

(a) that the Member be reprimanded;

(b) that a penalty be imposed on the Member in an amount recommended by the Ethics Commissioner;

(c) that the Member’s right to sit and vote in the Legislative Assembly be suspended for a stated period or until the fulfilment of a condition;

(d) that the Member be expelled from membership of the Legislative Assembly,

and may also recommend the alternative of a lesser sanction or no sanction if the Member carries out recommendations in the report for the rectification of the breach.

(3) If the Ethics Commissioner is of the opinion that the breach was trivial, inadvertent or committed in good faith, the Ethics Commissioner may recommend that no sanction be imposed.

(3.1) Where the Ethics Commissioner considers it appropriate in the circumstances, the Ethics Commissioner may recommend that the Member, former Minister or former political staff member be reimbursed, in an amount approved by the Ethics Commissioner, for his or her legal expenses incurred in respect of an investigation or inquiry.

(4) Where it appears to the Ethics Commissioner that a report may adversely affect a Member, former Minister or former political staff member, the Ethics Commissioner shall inform the Member, former Minister or former political staff member of the particulars and give the Member, former Minister or former political staff member the opportunity to make representations, either orally or in writing at the discretion of the Ethics Commissioner, before the Ethics Commissioner completes the report.

RSA 2000 cC‑23 s27;2007 c28 s18

Tabling of report

28(1) On receiving a report from the Ethics Commissioner under section 25(7), the Speaker of the Legislative Assembly shall lay the report before the Legislative Assembly if it is then sitting or, if it is not then sitting, within 15 days after the commencement of the next sitting.

(2) If the Legislative Assembly is not sitting when the Ethics Commissioner reports the Ethics Commissioner’s findings to the Speaker of the Legislative Assembly under section 25(7), the Speaker shall make copies of the report available to the public.

(3) If in the report from the Ethics Commissioner the Ethics Commissioner has found that a Member or former Minister has breached this Act and the Ethics Commissioner has recommended a sanction, the Legislative Assembly shall debate and vote on the report within 15 days after the tabling of the report, or any other period that is determined by a resolution of the Legislative Assembly.

RSA 2000 cC‑23 s28;2007 c28 s19

Powers of the Legislative Assembly

29(1) The Legislative Assembly may accept or reject the findings of the Ethics Commissioner or substitute its own findings and may if it determines that there is a breach

(a) impose the sanction recommended by the Ethics Commissioner or any other sanction referred to in section 27(2) it considers appropriate, or

(b) impose no sanction.

(2) Where under subsection (1) the Legislative Assembly determines that there has been a breach and a Member or any other person has realized financial gain in any transaction to which the breach relates, any person affected by the financial gain, including the Government or a Provincial agency, may apply to the Court of Queen’s Bench for an order of restitution against the Member or any other person who has realized the financial gain.

RSA 2000 cC‑23 s29;2007 c28 s20

Offences

30 A breach of this Act by a Member is not an offence to which the Provincial Offences Procedure Act applies.

1991 cC‑22.1 s28

Part 6
Former Ministers

Dealings with Government by former Ministers

31(1) Except in accordance with subsection (3), a former Minister shall not, for a period of 12 months after ceasing to be a member of the Executive Council,

(a) on behalf of himself or herself, solicit or accept a contract or benefit from a department of the public service or a Provincial agency with which the former Minister had significant official dealings during the former Minister’s last year of service as a Minister,

(a.1) on behalf of any other person, make representations with respect to a contract with or benefit from a department of the public service or a Provincial agency,

(b) accept employment with a person or entity, or appointment to the board of directors or equivalent body of an entity, with which the former Minister had significant official dealings during the former Minister’s last year of service as a Minister, or

(c) act on a commercial basis or make representations on his or her own behalf or on behalf of any other person in connection with any ongoing matter in connection with which the former Minister, while in office, directly acted for or advised a department of the public service or a Provincial agency involved in the matter.

(2) For the purposes of subsection (1), a former Minister has had significant official dealings with a department of the public service, Provincial agency, person or entity if the former Minister, while in office, was directly and substantively involved with the department, Provincial agency, person or entity in an important matter.

(3) Subsection (1) does not apply to any activity, contract or benefit

(a) if, in the opinion of the Ethics Commissioner,

(i) the conditions on which and the manner in which the contract or benefit is awarded, approved or given are the same for all persons similarly entitled, or

(ii) the award, approval or grant results from an impartially administered process open to a significant class of persons,

(b) if in the opinion of the Ethics Commissioner the activity, contract or benefit will not create a conflict between a private interest of the former Minister and the public interest, and the former Minister observes and performs any conditions imposed by the Ethics Commissioner.

(4) A former Minister who contravenes this section and who at the time of the contravention is a Member of the Legislative Assembly breaches this Act.

(5) A former Minister who contravenes this section and who at the time of the contravention is not a Member of the Legislative Assembly is guilty of an offence and liable to a fine not exceeding $50 000.

(6) A prosecution of an offence under subsection (5) shall not be commenced more than 2 years after the date on which the alleged offence occurred.

(7) If a former Minister or any other person has realized financial gain in any transaction to which a conviction under subsection (5) relates, any person affected by the financial gain, including the Government or a Provincial agency, may apply to the Court of Queen’s Bench for an order of restitution against the former Minister or any other person who has realized the financial gain.

RSA 2000 cC‑23 s31;2007 c28 s31

Breach for awarding contracts

32 A Minister breaches this Act if the Minister knowingly awards or approves a contract or gives a benefit to a former Minister who is acting in contravention of section 31.

1991 cC‑22.1 s30

Part 6.1
Former Political Staff Members

Dealings with Government by former
political staff members

32.1(1) Except as provided in subsections (4) and (5), a former political staff member shall not, for a period of 6 months after becoming a former political staff member,

(a) on behalf of himself or herself, solicit or accept a contract or benefit from a department of the public service or a Provincial agency with which the former political staff member had significant official dealings during the former political staff member’s last year of service as a political staff member,

(b) on behalf of any other person make representations with respect to a contract with or benefit from a department of the public service or a Provincial agency,

(c) accept employment with a person or entity, or an appointment to the board of directors or equivalent body of an entity, with which the former political staff member had significant official dealings during the former political staff member’s last year of service as a political staff member, or

(d) act on a commercial basis or make representations on his or her own behalf or on behalf of any other person in connection with any ongoing matter in connection with which the former political staff member had significant official dealings during the former political staff member’s last year of service as a political staff member.

(2) For the purposes of subsection (1)(a) and (c), a former political staff member has had significant official dealings with a department of the public service, Provincial agency, person or entity if the former political staff member, while holding a position as a political staff member, was directly and substantively involved with the department, Provincial agency, person or entity in an important matter.

(3) For the purposes of subsection (1)(d), a former political staff member has had significant official dealings in connection with a matter if the former political staff member, while holding a position as a political staff member, was directly and substantively involved in that matter.

(4) Notwithstanding subsection (1)(a), a former political staff member may accept employment with any Provincial agency or department of the public service in accordance with the Public Service Act.

(5) Subsection (1) does not apply to any activity, contract or benefit

(a) if, in the opinion of the Ethics Commissioner,

(i) the conditions on which and the manner in which the contract or benefit is awarded, approved or given are the same for all persons similarly entitled, or

(ii) if the award, approval or grant results from an impartially administered process open to a significant class of persons,

(b) if in the opinion of the Ethics Commissioner the activity, contract or benefit will not create a conflict between a private interest of the former political staff member and the public interest, and the former political staff member observes and performs any conditions imposed by the Ethics Commissioner.

(6) A former political staff member who contravenes this section is guilty of an offence and liable to a fine not exceeding $50 000.

(7) A prosecution of an offence under subsection (6) shall not be commenced more than 2 years after the date on which the alleged offence occurred.

(8) If a former political staff member or any other person has realized financial gain in any transaction to which a conviction under subsection (6) relates, any person affected by the financial gain, including the Government or a Provincial agency, may apply to the Court of Queen’s Bench for an order of restitution against the former political staff member or any other person who has realized the financial gain.

(9) This section applies only in respect of a person who becomes a former political staff member after this section comes into force.

2007 c28 s22

Breach for awarding contract

32.2 A Minister breaches this Act if the Minister knowingly awards or approves a contract or gives a benefit to a former political staff member who is acting in contravention of section 32.1.

2007 c28 s22

Part 7
Ethics Commissioner

Appointment

33(1) There is to be appointed, as an officer of the Legislature, by the Lieutenant Governor in Council on the recommendation of the Legislative Assembly, an Ethics Commissioner to carry out those duties and functions set out in this Act or those duties and functions in respect of any other enactment prescribed by the Lieutenant Governor in Council.

(2) The Ethics Commissioner may not be a Member of the Legislative Assembly.

(3) The Ethics Commissioner may be appointed on either a full‑time or part‑time basis.

RSA 2000 cC‑23 s33;2007 c28 s23

Term of office

34(1) Unless the office sooner becomes vacant, a person appointed as Ethics Commissioner holds office for 5 years from the date of that person’s appointment under section 33.

(2) A person holding office as Ethics Commissioner continues to hold office after the expiry of that person’s term of office until that person is reappointed, a successor is appointed or a period of 6 months has expired, whichever occurs first.

1991 cC‑22.1 s32;1998 c33 s15

Resignation

35 The Ethics Commissioner may at any time resign from office by delivering a written resignation to the Clerk of the Legislative Assembly.

1991 cC‑22.1 s33

Suspension or removal

36(1) On the recommendation of the Legislative Assembly, the Lieutenant Governor in Council may, at any time, suspend or remove the Ethics Commissioner from office for cause or incapacity.

(2) At any time the Legislative Assembly is not sitting the Lieutenant Governor in Council, on the recommendation of the Standing Committee, may suspend the Ethics Commissioner from office for cause or incapacity, but the suspension shall not continue in force beyond the end of the next sitting of the Legislative Assembly.

1991 cC‑22.1 s34;1995 c17 s19

Acting Ethics Commissioner

37(1) The Lieutenant Governor in Council, on the recommendation of the Standing Committee, may appoint an acting Ethics Commissioner if

(a) the office of Ethics Commissioner is or becomes vacant when the Legislative Assembly is not sitting,

(b) the Ethics Commissioner is suspended when the Legislative Assembly is not sitting, or

(c) the Ethics Commissioner is suspended or removed or the office of the Ethics Commissioner otherwise becomes vacant when the Legislative Assembly is sitting but no recommendation is made by the Assembly under section 33(1) before the end of the session.

(2) The Lieutenant Governor in Council may appoint an acting Ethics Commissioner if the Ethics Commissioner is temporarily absent because of illness or for another reason.

(3) An acting Ethics Commissioner holds office until

(a) a person is appointed as Ethics Commissioner under section 33(1),

(b) the suspension of the Ethics Commissioner ends, or

1991 cC‑22.1 s35;1998 c33 s16

Remuneration

38 The Ethics Commissioner shall be remunerated as determined by the Standing Committee, and it shall review that remuneration at least once a year.

1991 cC‑22.1 s36

Oath

39(1) Before commencing the duties of office, the Ethics Commissioner must take an oath to faithfully and impartially perform the duties of the office and not, except as provided in this Act, to disclose any information received by the Office of the Ethics Commissioner under this Act.

(2) The oath shall be administered by the Speaker of the Legislative Assembly or the Clerk of the Legislative Assembly.

1991 cC‑22.1 s37

Office of the Ethics Commissioner

40(1) There is to be a department of the public service of Alberta called the Office of the Ethics Commissioner consisting of the Ethics Commissioner and those persons employed pursuant to the Public Service Act as are necessary to assist the Ethics Commissioner in carrying out the Ethics Commissioner’s duties and functions under this or any other enactment.

(2) The Ethics Commissioner may engage the services of any persons as are necessary to assist the Ethics Commissioner in carrying out the Ethics Commissioner’s duties and functions.

(3) On the recommendation of the Ethics Commissioner, the Standing Committee may order that

(a) any regulation, order or directive made under the Financial Administration Act, or

(b) any regulation, order, directive, rule, procedure, direction, allocation, designation or other decision under the Public Service Act,

be inapplicable to, or be varied in respect of, the Office of the Ethics Commissioner or any particular employee or class of employees in the Office of the Ethics Commissioner.

(4) An order made under subsection (3)(a) in relation to a regulation, order or directive made under the Financial Administration Act operates notwithstanding that Act.

(5) The Regulations Act does not apply to orders made under subsection (3).

(6) The chair of the Standing Committee shall lay a copy of each order made under subsection (3) before the Legislative Assembly if it is then sitting or, if it is not then sitting, within 15 days after the commencement of the next sitting.

(7) Every person employed or engaged by the Office of the Ethics Commissioner shall, before beginning to perform that person’s duties under this Act, take an oath, to be administered by the Ethics Commissioner, not to disclose any information received by that person under this Act except as provided in this Act.

(8) If the Ethics Commissioner or any former Ethics Commissioner or a person who is or was employed or engaged by the Office of the Ethics Commissioner discloses information that is confidential under section 14(8), 26(1) or 43(3), that person is guilty of an offence and liable to a fine not exceeding $20 000.

1991 cC‑22.1 s38

Financing of operations

41(1) The Ethics Commissioner shall submit to the Standing Committee in respect of each fiscal year an estimate of the sum that will be required to be provided by the Legislature to defray the several charges and expenses of the Office of the Ethics Commissioner in that fiscal year.

(2) The Standing Committee shall review each estimate submitted pursuant to subsection (1) and, on the completion of the review, the chair of the Committee shall transmit the estimate to the Minister of Finance for presentation to the Legislative Assembly.

(3) If at any time the Legislative Assembly is not sitting the Standing Committee, or if there is no Standing Committee, the Minister of Finance,

(a) reports that the Ethics Commissioner has certified that in the public interest, an expenditure of public money is urgently required in respect to any matter pertaining to the Ethics Commissioner’s office, and

(b) reports that either

(i) there is no supply vote under which an expenditure with respect to that matter may be made, or

(ii) there is a supply vote under which an expenditure with respect to that matter may be made but the authority available under the supply vote is insufficient,

the Lieutenant Governor in Council may order a special warrant to be prepared to be signed by the Lieutenant Governor authorizing the expenditure of the amount estimated to be required.

(4) When the Legislative Assembly is adjourned for a period of more than 14 days, the Legislative Assembly is deemed, for the purposes of subsection (3), not to be sitting during the period of the adjournment.

(5) When a special warrant is prepared and signed under subsection (3) on the basis of a report referred to in subsection (3)(b)(i), the authority to spend the amount of money specified in the special warrant for the purpose specified in the special warrant is deemed to be a supply vote for the purposes of the Financial Administration Act for the fiscal year in which the special warrant is signed.

(6) When a special warrant is prepared and signed under subsection (3) on the basis of a report referred to in subsection (3)(b)(ii), the authority to spend the amount of money specified in the special warrant is, for the purposes of the Financial Administration Act, added to and deemed to be part of the supply vote to which the report relates.

(7) When a special warrant has been prepared and signed pursuant to this section, the amounts authorized by it are deemed to be included in, and not to be in addition to, the amounts authorized by the Act, not being an Act for interim supply, enacted next after it for granting to Her Majesty sums of money to defray certain expenditures of the public service of Alberta.

RSA 2000 cC‑23 s41;2006 c23 s21

General duties of Ethics Commissioner

42(1) It is a function of the Ethics Commissioner to promote the understanding by Members of their obligations under this Act by

(a) personal discussions with Members, and in particular when interviewing them about disclosure statements,

(b) commissioning the preparation and dissemination of written information about the obligations, and

(2) Where this Act provides for the doing of anything by a time or within a prescribed period of time, the Ethics Commissioner may, before or after the time has expired, extend the time for the doing of that thing under this Act.

1991 cC‑22.1 s40;1998 c33 s17

Binding advice and recommendations

43(1) A Member, former Minister or former political staff member may request the Ethics Commissioner to give advice and recommendations on any matter respecting obligations of the Member, former Minister or former political staff member under this Act.

(1.1) A political staff member may request the Ethics Commissioner to give advice and recommendations on any matter respecting obligations of the political staff member on becoming a former political staff member.

(2) The Ethics Commissioner may, in writing, provide the Member, former Minister, political staff member or former political staff member with advice and recommendations, which

(a) shall state the material facts either expressly or by incorporating facts stated by the Member, former Minister, political staff member or former political staff member,

(b) shall be based on the facts referred to in clause (a), and

(3) Advice and recommendations under this section are confidential until released by or with the consent of the Member, former Minister, political staff member or former political staff member.

(4) The Ethics Commissioner may make any inquiries that the Ethics Commissioner considers appropriate in order to provide advice and recommendations under this section.

(5) If a Member, former Minister or former political staff member has, with respect to advice and recommendations under this section,

(a) communicated the material facts to the Ethics Commissioner, and

(b) complied with any recommendations contained in the advice and recommendations of the Ethics Commissioner,

no proceeding or prosecution shall be taken against the Member, former Minister or former political staff member under this Act by reason only of the facts so communicated and the compliance of the Member, former Minister or former political staff member with the recommendations.

RSA 2000 cC‑23 s43;2007 c28 s24

General advice and recommendations

44(1) The Ethics Commissioner may give advice and recommendations of general application to Members, former Ministers or former political staff members or a class of Members, former Ministers or former political staff members on matters respecting obligations of Members, former Ministers or former political staff members under this Act, which may be based on the facts set out in the advice and recommendations or on any other considerations the Ethics Commissioner considers appropriate.

(2) With respect to advice and recommendations given under subsection (1), no proceeding or prosecution shall be taken against a Member, former Minister or former political staff member under this Act by reason only of the facts and considerations stated in the advice and recommendations and the compliance of the Member, former Minister or former political staff member with the advice and recommendations.

RSA 2000 cC‑23 s44;2007 c28 s25

Actions against Ethics Commissioner and others

45(1) No action lies against the Ethics Commissioner or any former Ethics Commissioner or any other person who is or was employed or engaged by the Office of the Ethics Commissioner for anything done in good faith under this Act.

(2) No action lies against a person who in good faith provides information or gives evidence in a proceeding under Part 5 to the Ethics Commissioner or to a person employed or engaged by the Office of the Ethics Commissioner.

1991 cC‑22.1 s43

Annual report

46(1) The Ethics Commissioner shall, at any times that the Ethics Commissioner considers appropriate, and at least annually, report in writing to the Speaker of the Legislative Assembly

(a) the names of Members who, in the opinion of the Ethics Commissioner,

(i) have not filed disclosure statements or returns within the time provided by section 11 or 15, as the case may be, or

(ii) have not made the full disclosure required by section 12,

and

(b) generally on the affairs of the Office of the Ethics Commissioner.

(2) The Speaker of the Legislative Assembly shall lay a copy of the report before the Legislative Assembly if it is then sitting or, if it is not then sitting, within 15 days after the commencement of the next sitting.

1991 cC‑22.1 s44

Records management

47(1) On the recommendation of the Ethics Commissioner, the Standing Committee may make an order

(a) respecting the management of records in the custody or under the control of the Office of the Ethics Commissioner, including their creation, handling, control, organization, retention, maintenance, security, preservation, disposition, alienation and destruction and their transfer to the Provincial Archives of Alberta;

(b) establishing or governing the establishment of programs for any matter referred to in clause (a);

(d) respecting the records or classes of records to which the order or any provision of it applies.

(2) Notwithstanding subsection (1), the Ethics Commissioner shall retain records

(a) of a Member that are in the Ethics Commissioner’s custody or control for a period of at least 2 years after the Member ceases to be a Member,

(b) of a former Minister that are in the Ethics Commissioner’s custody or control for a period of at least 2 years after the period referred to in section 31(1) in respect of the former Minister has expired, and

(c) of a former political staff member that are in the Ethics Commissioner’s custody or control for a period of at least 2 years after the period referred to in section 32.1(1) in respect of the former political staff member has expired.

(3) The Ethics Commissioner shall destroy the records retained under subsection (2) immediately after the period referred to in subsection (2) unless

(a) the records are required for the purpose of an investigation, inquiry or prosecution under this Act, or

(b) the Ethics Commissioner has reasonable grounds to believe that the records are required for the purpose of an investigation, inquiry or prosecution under any other enactment of Alberta or under an Act of the Parliament of Canada.

(4) The Ethics Commissioner shall destroy the records when in the opinion of the Ethics Commissioner the records are no longer required under subsection (3)(a) or (b).

RSA 2000 cC‑23 s47;2007 c28 s26

Part 8
Review

Review of Act

48 By December 1, 2012 and every 5 years after that, a special committee established by the Legislative Assembly must begin a comprehensive review of this Act and must submit to the Legislative Assembly, within one year after beginning the review, a report that includes any amendments recommended by the committee.

RSA 2000 cC‑23 s48;2007 c28 s27

Part 9 Repealed 2007 c28 s28.

Schedule

Disqualifying Offices

Part 1
Judicial Offices

1. Judges of The Provincial Court of Alberta

Part 2
Offices of the Legislature

1. The Auditor General of Alberta under the Auditor General Act

2. The Ombudsman under the Ombudsman Act

3. The Chief Electoral Officer under the Election Act

4. The Ethics Commissioner under the Conflicts of Interest Act

5. The Information and Privacy Commissioner

Part 3
Other Disqualifying Offices

The Lieutenant Governor in Council may by regulation amend this Part to add any office the Lieutenant Governor in Council considers appropriate for the purposes of this Act.

The office of chair or member of any of the following:

Agriculture Financial Services Corporation

Alberta Agricultural Products Marketing Council

Alberta Apprenticeship and Industry Training Board under the Apprenticeship and Industry Training Act

Alberta Building Standards Council

Alberta Capital Finance Authority

Alberta Gaming Commission appointed under section 207 of
the Criminal Code (Canada)

Alberta Human Rights Commission

Board of the Alberta Gaming and Liquor Commission

Alberta Social Housing Corporation

Alberta Order of Excellence Council

Alberta Petroleum Marketing Commission

Alberta Securities Commission

Alberta Sport, Recreation, Parks and Wildlife Foundation

Alberta Transportation Safety Board

Alberta Utilities Commission

Appeal board under the Freehold Mineral Rights Tax Act

Appeal board under the Mortgage Brokers Regulation Act

Automobile Insurance Rate Board

Board of Directors of the Alberta General Insurance Company

Board of Directors of the Alberta Opportunity Company

Board of Examiners in Podiatry

Board of governors of a public college under the Post‑secondary Learning Act

Board of governors of a technical institute under the Post‑secondary Learning Act

Board of governors of a university under the Post‑secondary Learning Act

Board of Governors of The Banff Centre

Board of trustees of Northland School Division No. 61

Body incorporated under section 6 of the Universities Act

Child and Family Services Authority board under the Child and Family Services Authorities Act

Criminal Injuries Review Board

Energy Resources Conservation Board

Farm Implement Board under the Farm Implement Act

Fatality Review Board

Health Disciplines Board

Horse Racing Alberta

Hospital Privileges Appeal Board

Initial governing authority of a technical institute under the Post‑secondary Learning Act

Initial governing authority or governing authority of a university under the Post‑secondary Learning Act

Irrigation Council

Judicial Council established under Part 6 of the Judicature Act

Labour Relations Board

Land Compensation Board

Law Enforcement Review Board

Local Authorities Pension Plan Board of Trustees

Management Employees Pension Board

Members of the Legislative Assembly

Pension Plan Board

Metis Settlements Appeal Tribunal, including the Land Access Panel and the Existing Leases Land Access Panel

Municipal Government Board

Natural Resources Conservation Board

Occupational Health and Safety Council

Provincial Health Board under the Regional Health
Authorities Act

Public Emergency Tribunal under the Burial of the Dead Act

Public Health Appeal Board

Public Service Pension Board

Regional Health Authority under the Regional Health
Authorities Act

Review panel under the Mental Health Act

Safety Codes Council under the Safety Codes Act

School Buildings Board

Special Areas Board

Special Forces Pension Board

Students Finance Board

Surface Rights Board

Teaching Profession Appeal Board under the Teaching
Profession Act

Universities Academic Pension Board

The Workers’ Compensation Board

RSA 2000 cC‑23 Sched.;RSA 2000 cT‑6 s194;2002 c8 s21;
2002 c11 s1(27);2002 c22 s9;2003 cP‑19.5 s135;
2003 c12 s26;2003 c40 s22;2004 c30 s4;2007 cA‑37.2 s82(3);
2007 c28 s29;2007 c42 s2;2008 cA‑4.2 s124;2008 cF‑11.5 s21;
2008 cH‑4.3 s12;2008 c19 s39;2008 c25 s21;2009 c26 s32

(NOTE: Section 29(n) of the Conflicts of Interest Amendment Act, 2007 (SA 2007 c28) purports to amend the Schedule as follows:

29 The Schedule is amended in Part 3

(n) by adding “Review Board appointed under section 672.38 of the Criminal Code (Canada)” after “Regional Health Authority under the Regional Health Authority Act”.

The amendment has not been incorporated because the words “Regional Health Authority Act” do not appear in the Schedule.)

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