BILL 29

An Act to Amend the Members’ Conflict of Interest Act

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1 Paragraph 16(2)(a) of the Members’ Conflict of Interest Act, chapter M-7.01 of the Acts of New Brunswick, 1999, is repealed.

2 The headings “Restrictions applicable to former members”, “Exceptions” and “Penalty” preceding subsections 17(1), (2) and (3), respectively, of the Act are repealed.

3 Section 17 of the Act is repealed.

4 The Act is amended by adding before the heading “DISCLOSURE” the following:

PROVISIONS APPLYING TO ALL FORMER MEMBERS

Restrictions applicable to all former members

17.1(1) Unless 12 months have expired after the date on which a former member ceased to be a member of the Assembly, no former member

(a)  shall accept a contract or financial benefit that is awarded, approved or granted by the Crown,

(b)  shall make representations on his or her own behalf or on behalf of any other person with respect to a contract or financial benefit,

(c)  shall be employed by the Crown, whether the employment is permanent or temporary or on a full-time or part-time basis, or be the holder of any office by reason of an appointment by or at the nomination of the Lieutenant-Governor in Council or a Minister, and to which a salary is attached, or

(d)  is eligible to be appointed as an officer of the Assembly.

17.1(2) Paragraphs (1)(a) and (b) do not apply in the following circumstances:

(a)  the conditions on which the contract or financial benefit is awarded, approved or granted are the same for all persons similarly entitled;

(b)  the former member is receiving a financial benefit that was awarded or granted by the Crown for his or her services and that was permitted under this Act; or

(c)  the former member is receiving a financial benefit awarded or granted by the Crown for services that are comparable to the services he or she provided to the Crown before becoming a member.

17.1(3) Paragraph (1)(c) does not apply in the following circumstances:

(a)  the former member is employed by the Crown in a position comparable to the position that he or she held before becoming a member;

(b)  the former member is a member of the personal staff employed by the Premier; or

(c)  the former member is employed by a member of the Executive Council under section 18 of the Civil Service Act.

Penalty

17.2 A person who violates or fails to comply with section 17.1 commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a Category I offence.

5 Subsection 41(1) of the Act is amended in the portion preceding paragraph (a) by striking out “17” and substituting “17.1”.

6 The Act is amended by adding after section 41 the following:

Recommendation regarding legal fees and disbursements

41.1 If the Commissioner makes a recommendation under section 41 in respect of a member, he or she may also recommend that the member reimburse the Crown for any legal fees and disbursements paid on his or her behalf in connection with the investigation conducted by the Commissioner.

7 Section 43 of the Act is amended

(a)  by adding after subsection (1) the following:

43(1.01) The Assembly may accept or reject the recommendation of the Commissioner under section 41.1 in respect of a member or substitute its own determination and may, if it determines that there is a breach,

(a)  order the member to reimburse the Crown for all of the legal fees and disbursements recommended by the Commissioner,

(b)  order the member to reimburse the Crown for such portion of the legal fees and disbursements recommended by the Commissioner as it considers appropriate,

(c)  determine the amount of legal fees and disbursements that a member shall reimburse the Crown and order the member to reimburse such amount, or

(d)  order that the Crown shall not be reimbursed for any legal fees and disbursements paid on behalf of the member.

(b)  in subsection (1.1) in the portion preceding paragraph (a) by striking out “subsection (1)” and substituting “subsections (1) and (1.01)”;

(c)  by adding after subsection (3) the following:

43(3.1) Subsection (3) applies with the necessary modifications when the Assembly makes an order under subsection (1.01).