Section 1 definition of "private corporation" BEFORE amended by 2002-32-43, effective May 9, 2002 (Royal Assent).
"private corporation" means a "private issuer" as defined in the Securities Act;
Section 1 definition of "spouse" BEFORE amended by 2011-25-408, effective November 24, 2011 (Royal Assent).
"spouse" means a person who is married to a member or a person who is living with a member as husband and wife but does not include a husband or a wife who is separated and living apart from a member and who
Section 1 definition of "child" BEFORE amended by 2023-10-559, effective March 30, 2023 (Royal Assent).
"child" includes a person to whom a member has demonstrated a settled intention to treat as a child of his or her family;
Section 2 BEFORE amended by 2023-10-560, effective March 30, 2023 (Royal Assent).
Conflict of interest
2 (1) For the purposes of this Act, a member has a conflict of interest when the member exercises an official power or performs an official duty or function in the execution of his or her office and at the same time knows that in the performance of the duty or function or in the exercise of the power there is the opportunity to further his or her private interest.
(2) For the purposes of this Act, a member has an apparent conflict of interest if there is a reasonable perception, which a reasonably well informed person could properly have, that the member's ability to exercise an official power or perform an official duty or function must have been affected by his or her private interest.
Section 7 (1) BEFORE amended by 2023-10-560, effective March 30, 2023 (Royal Assent).
(1) A member must not accept a fee, gift or personal benefit, except compensation authorized by law, that is connected directly or indirectly with the performance of his or her duties of office.
Section 8 (4) BEFORE amended by 2023-10-561, effective March 30, 2023 (Royal Assent).
(4) A former member of the Executive Council or former parliamentary secretary must not, unless 24 months have expired after the date when he or she ceased to hold office,
(a) accept a contract or benefit that is awarded, approved or granted by the Executive Council, a member of the Executive Council or an employee of a ministry other than an employee of an agency, board or commission,
(b) make representations on his or her own behalf with respect to such a contract or benefit, and
(c) make representations on another person's behalf with respect to such a contract or benefit.
Section 9 (4) (d) BEFORE amended by 2001-43-8, effective June 5, 2001 [retro from August 27, 2001 (Royal Assent)].
(d) the trustees must report in writing all material changes in assets, liabilities and financial interests contained in the trust to the member and the commissioner immediately after the changes have occurred.
Section 9 (4) (part) BEFORE amended by 2023-10-560, effective March 30, 2023 (Royal Assent).
(4) If a member of the Executive Council complies with subsection (1) (b) by entrusting his or her business to one or more trustees,
Section 10 (1) (part) BEFORE amended by 2023-10-562, effective March 30, 2023 (Royal Assent).
(1) A member who has reasonable grounds to believe that he or she has a conflict of interest in a matter that is before the Legislative Assembly or the Executive Council, or a committee of either of them, must, if present at a meeting considering the matter,
Section 14 (7) (c) BEFORE amended by 2023-10-563, effective March 30, 2023 (Royal Assent).
(c) immediately after the expiry of 20 sitting days after the day on which he or she was appointed,
Section 16 (2) BEFORE amended by 2001-43-9, effective June 5, 2001 [retro from August 27, 2001 (Royal Assent)].
(2) The disclosure statement must contain
(a) a statement of the nature of the assets, liabilities and financial interests of the member, the member's spouse and minor children, and private corporations controlled by any of them, and
(b) any other information that is prescribed by the regulations to be contained in the disclosure statement.
Section 16 (2.1) was added by 2001-43-9, effective June 5, 2001 [retro from August 27, 2001 (Royal Assent)].
Section 16 (4) BEFORE amended by 2003-70-215, effective March 29, 2004 (BC Reg 64/2004).
(4) If any asset, liability or financial interest described in the disclosure statement relates to a corporation, the commissioner must ascertain whether any other corporation is an affiliate of the first named corporation, as determined under section 1 (2) to (6) of the Company Act.
Section 16 (2.1) and (5) (part) BEFORE amended by 2023-10-565, effective March 30, 2023 (Royal Assent).
(2.1) The disclosure statement of a member of the Executive Council who has complied with section 9 (1) (b) by entrusting his or her business to one or more trustees need not contain a statement of the nature of the assets, liabilities and financial interests contained in the trust.
(5) If the commissioner determines that there is an affiliate of the first named corporation, he or she must
Section 21 (2) BEFORE amended by 2007-9-110, effective June 21, 2007 (BC Reg 226/2007).
(2) If the request for an opinion is made under section 19 or the commissioner undertakes a special assignment under section 20, the commissioner has the powers of a commissioner under sections 15 and 16 of the Inquiry Act.
Section 21 (3), (5) and (6) BEFORE amended by 2023-10-567, effective March 30, 2023 (Royal Assent).
(3) If the request for an opinion is made under section 19 (1), the commissioner must report his or her opinion to the Speaker of the Legislative Assembly who must cause the report to be laid before the Legislative Assembly if it is in session or, if not in session, to the Clerk of the Legislative Assembly who must send a copy of it to all members of the Legislative Assembly.
(5) If the commissioner is of the opinion that the member making the application under section 19 (1) had no reasonable and probable grounds for making it, the commissioner may state that in his or her report, and if he or she does so, the commissioner must report the matter to the Speaker who must lay the report before the Legislative Assembly and the Legislative Assembly may, after considering the matter, hold the member in contempt of the Legislative Assembly.
(6) If the request for an opinion is made under section 19 (3), the commissioner must report his or her opinion to the Secretary of the Executive Council.
Supplement BEFORE repealed by 2006-33-1(2)(h), effective May 18, 2006 (Royal Assent).
[Supplement]
Members' Conflict of Interest Act
[RSBC 1996] CHAPTER 287
1 Section 9 of the Members' Conflict of Interest Act is amended
(a) by repealing subsections (1) and (2) and substituting the following:
(1) A member of the Executive Council or a parliamentary secretary must not
(a) engage in employment or in the practice of a profession, or
(b) carry on a business
if any of these activities is likely to conflict with the member's or parliamentary secretary's public duties.
(1.1) A member of the Executive Council or a parliamentary secretary must not hold an office or directorship other than in a social club, religious organization, political party or government corporation.
(2) A person who becomes a member of the Executive Council or a parliamentary secretary must comply with subsections (1) and (1.1) within 60 days of being appointed. ,
(b) in subsection (3) by adding "of the Executive Council or the parliamentary secretary" after "the member", and
(c) by repealing subsection (4) and substituting the following:
(4) If a member of the Executive Council or a parliamentary secretary complies with subsection (1) (b) by entrusting his or her business to one or more trustees,
(a) the provisions of the trust must be approved by the commissioner,
(b) the trustees must be persons who are at arm's length with the member or with the parliamentary secretary and who are approved by the commissioner,
(c) the trustees must not consult with the member or the parliamentary secretary with respect to managing the trust property, and
(d) the trustees must report in writing all material changes in assets, liabilities and financial interests contained in the trust to the member or the parliamentary secretary and to the commissioner immediately after the changes have occurred.
1992-64-5.
Transitional for amendments in section 1
2 A person who is a member of the Executive Council or a parliamentary secretary on the date that section 1 of this Supplement comes into force must comply with section 9 (1) and (1.1) of the Members' Conflict of Interest Act within 60 days of that date.
1992-64-14.