Individuals elected to the provincial legislature and members of Cabinet are subject to The Members’ Conflict of Interest Act (the Act). The primary purpose of the Act is to ensure that Members do not use elected office to further their private interest.
A conflict of interest arises when a Member has the opportunity to further the member’s private interest through the performance of the member’s official duties.
Members who believe they might be in a conflict of interest are encouraged to request the Commissioner’s confidential opinion on the matter. The Member may need to follow the recusal process set out in section 10 of the Act or take other steps to avoid the conflict.
Members are also prohibited from using public office to further their private interest in other ways, including through the use of insider information; or using their office to seek to influence a decision, to be made by another person, to further their private interest.
Within 90 days of being elected, and every year thereafter, Members are required to disclose their assets, liabilities and financial interests and those of their spouse, dependent children and Private Corporations owned by any of them.
Due to the extra responsibilities of ministerial office, there are restrictions on Ministers’ business, professional and employment activities. These restrictions are set out in section 9 of the Act. Former members of Cabinet are also subject to post-employment restrictions, set out in section 8 of the Act.
It is important to note that the Commissioner only has the authority to review matters relating to elected members of the Saskatchewan Legislature.
Potential matters of review can only be brought to the attention of the Commissioner by the member who is seeking the opinion or by another sitting member of the Legislative Assembly. The Commissioner does not have the authority to accept complaints made by the general public.