BILL 38
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 The Members’ Conflict of Interest Act, chapter M-7.01 of the Acts of New Brunswick, 1999, is amended by adding after section 1 the following:
Lobbying
1.1 For the purposes of this Act, “lobbying” means
(a) to communicate with a public office holder of any jurisdiction in an attempt to influence
( i) the development of any legislative proposal in that jurisdiction,
( ii) the introduction of any public bill or any resolution before a legislative body of that jurisdiction or the passage, defeat or amendment of any public Act or any resolution that is before a legislative body of that jurisdiction,
( iii) the making or amendment of a regulation or other subordinate legislation in that jurisdiction,
( iv) the development, amendment or termination of any policy or program of a government of that jurisdiction,
( v) a decision to transfer from a government of that jurisdiction for consideration all or part of, or any interest in or asset of, any business, enterprise or institution that provides goods or services to that government or to the public,
( vi) a decision to have the private sector instead of a government of that jurisdiction provide goods or services to that government, and
( vii) the awarding of any grant, contribution or other financial benefit by or on behalf of a government of that jurisdiction,
(b) to arrange a meeting between a public office holder of any jurisdiction and any other person, and
(c) to communicate with a public office holder of any jurisdiction in an attempt to influence the awarding of any contract by or on behalf of a government of that jurisdiction.
2 Section 6 of the Act is repealed and the following is substituted:
Influence
6 A member shall not
(a) use his or her office to seek to influence a decision made or to be made by another person so as to further the member’s private interest or to further another person’s private interest, or
(b) engage in lobbying in New Brunswick or elsewhere.
3 The Act is amended by adding after section 7 the following:
Members of the Executive Council when acting in their official capacity
7.1 This Act does not apply to members of the Executive Council when they are acting in their official capacity.
4 The Act is amended by adding after section 11 the following:
11.1 A member, after being sworn in, shall not be employed in or enter into a personal service contract with a business or organization that engages in lobbying in New Brunswick or elsewhere.
5 Subsection 17.1(1) of the Act is amended by adding after paragraph (b) the following:
(b.1) shall engage in lobbying in New Brunswick or elsewhere in relation to a matter having a real and substantial connection to New Brunswick, or
6 Section 18 of the Act is amended
(a) in subsection (4) by adding after paragraph (b) the following:
(b.1) information concerning any employment of the member, other than as member of the Assembly or of the Executive Council,
(b.2) information concerning the member’s sources of income from employment or received under a personal service contract, other than those provided for in the Legislative Assembly Act or the Executive Council Act,
(b) in subsection (7)
( i) in paragraph (b) by striking out “or” at the end of the paragraph;
( ii) by adding after paragraph (b) the following:
(b.1) after a change in the employment of the member, other than as member of the Assembly or of the Executive Council,
(b.2) after a change in the member’s sources of income from employment or received under a personal service contract, other than those provided for in the Legislative Assembly Act or the Executive Council Act, or
7 Subsection 20(2) of the Act is amended by adding after paragraph (b) the following:
(b.1) state any information concerning the employment of the member, other than as member of the Assembly or of the Executive Council,
(b.2) state any information concerning the member’s sources of income from employment or received under a personal service contract, other than those provided for in the Legislative Assembly Act or the Executive Council Act,
8 Section 41 of the Act is amended
(a) in subsection (1) in the portion preceding paragraph (a) by striking out “8 to 11” and substituting “8 to 11.1”;
(b) in subsection (1.1) by striking out “8 to 11” and substituting “8 to 11.1”.
TRANSITIONAL PROVISIONS
Transitional provisions
9( 1) Within 60 days after the commencement of this Act, a member of the Legislative Assembly or of the Executive Council shall file with the Integrity Commissioner a private disclosure statement concerning the information referred to in paragraphs 18(4)( b.1) and (b.2) of the Members’ Conflict of Interest Act.
9( 2) Subsections 18(1) and (6), section 19, subsection 20(1), paragraphs 20(2)(b.1) and (b.2), subsections 20(6) to (8.1), section 32 and sections 36 to 43 of the Members’ Conflict of Interest Act apply to a private disclosure statement referred to in subsection (1) with any necessary modifications.