Review Panel on Common Law Relationships
Opinion on Common-Law Relationships of Jennifer Cooper

Volume 2
Proposed Statute Changes

Proposed Changes to the
Legislative Assembly and Executive Council Conflict of Interest Act

Current Act: should read Proposed Act:
Definitions

1 In this Act,

"dependant" means

(a) the spouse of a member or minister, including a person who is not married to the member or minister but whom the member or minister represents as his spouse, and

(b) any child, natural or adopted, of a member or minister,

who resides with the member or minister;

  Definitions

1In this Act,

"dependant" means

(a) the spouse of a member or minister, including a person who is not married to the member or minister but whom the member or minister represents as his spouse, and

(b) any child, natural or adopted, of a member or minister,

who resides with the member or minister;

"immediate family" means

(a)the spouse of a member or minister;

(b)the common-law partner of a member or minister; and

(c)any child of a member or minister,

who resides with the member or minister;

"common-law partner" means a person who, not being married to the other person, cohabits with him or her in a conjugal relationship;



Legislative Assembly and Executive Council Conflict of Interest Act

Current Act: should read Proposed Act:
Meetings involving members

4(1) Where during any meeting there arises

(a)a matter in which a member or any of his dependants has a direct or indirect pecuniary interest; or

(b)a matter involving the direct or indirect pecuniary interest of any person, corporation, subsidiary or a corporation, partnership, or organization to whom or which a member or any of his dependants has a direct or indirect pecuniary liability;

the member shall

(c)disclose the general nature of the direct or indirect pecuniary interest or liability;

(d)withdraw from the meeting without voting or participating in the discussion; and

(e)refrain at all times from attempting to influence the matter.

  Meetings involving members

4(1) Where during any meeting there arises

(a)a matter in which a member or any of his dependants immediate family has a direct or indirect pecuniary interest; or

(b)a matter involving the direct or indirect pecuniary interest of any person, corporation, subsidiary or a corporation, partnership, or organization to whom or which a member or any of his dependants immediate family has a direct or indirect pecuniary liability;

the member shall

(c)disclose the general nature of the direct or indirect pecuniary interest or liability;

(d)withdraw from the meeting without voting or participating in the discussion; and

(e)refrain at all times from attempting to influence the matter.



Legislative Assembly and Executive Council Conflict of Interest Act

Current Act: should read Proposed Act:
Cabinet meetings

7 Where during any meeting of the Executive Council or a committee there arises

(a)a matter in which a minister or any of his dependants has a direct or indirect pecuniary interest; or

(b)a matter involving the direct or indirect pecuniary interest of any person, corporation, subsidiary or a corporation, partnership, or organization to whom or which a minister or any of his dependants has a direct or indirect pecuniary liability;

the minister shall

(c)disclose the general nature of the direct or indirect pecuniary interest or liability;

(d)withdraw from the meeting without voting or participating in the discussion; and

(e)refrain at all times from attempting to influence the matter.

  Cabinet meetings

7 Where during any meeting of the Executive Council or a committee there arises

(a)a matter in which a minister or any of his dependants immediate family has a direct or indirect pecuniary interest; or

(b)a matter involving the direct or indirect pecuniary interest of any person, corporation, subsidiary or a corporation, partnership, or organization to whom or which a minister or any of his dependants immediate family has a direct or indirect pecuniary liability;

the minister shall

(c)disclose the general nature of the direct or indirect pecuniary interest or liability;

(d)withdraw from the meeting without voting or participating in the discussion; and

(e)refrain at all times from attempting to influence the matter.



Legislative Assembly and Executive Council Conflict of Interest Act

Current Act: should read Proposed Act:
Performance of responsibilities by minister

8. Where, during the exercise of any official power or the performance of any official duty or function by a minister, there arises

(f)a matter in which the minister or any of his dependants has a direct or indirect pecuniary interest; or

(g)a matter involving the direct or indirect pecuniary interest of any person, corporation, subsidiary or a corporation, partnership, or organization to whom or which the minister or any of his dependants has a direct or indirect pecuniary liability;

the minister shall

(h)delegate the power, duty, or function to the Executive Council or a committee thereof;

(i)refrain at all times from attempting to influence the matter; and

(j)at any subsequent meeting of the Executive Council or a committee thereof which considers the matter, disclose the general nature of the direct or indirect pecuniary interest or liability and withdraw from the meeting without voting or participating in the discussion.

  Performance of responsibilities by minister

8. Where, during the exercise of any official power or the performance of any official duty or function by a minister, there arises

(f)a matter in which the minister or any of his dependants immediate family has a direct or indirect pecuniary interest; or

(g)a matter involving the direct or indirect pecuniary interest of any person, corporation, subsidiary or a corporation, partnership, or organization to whom or which the minister or any of his dependants immediate family has a direct or indirect pecuniary liability;

the minister shall

(h)delegate the power, duty, or function to the Executive Council or a committee thereof;

(i)refrain at all times from attempting to influence the matter; and

(j)at any subsequent meeting of the Executive Council or a committee thereof which considers the matter, disclose the general nature of the direct or indirect pecuniary interest or liability and withdraw from the meeting without voting or participating in the discussion.

 

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Opinion on Common-Law Relationships of
Jennifer A. Cooper, Q.C. - Volume 2

Proposed Changes to the Legislative Assembly
and Executive Council Conflict of Interest Act
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Review Panel on Common-Law Relationships
Opinion on Common-Law Relationships of Jennifer A. Cooper, Q.C.
Volume 1
Volume 2 (proposed Statute Amendments)

Opinion on Common-Law Relationships of Hon. A.C Hamilton, Q.C.