Commissioner’s Role

The Conflict of Interest Commissioner is an independent, non-partisan Officer of the Legislative Assembly who is responsible for impartially administering the Act.

The Commissioner has three primary roles:

• To provide confidential advice to Members about their obligations under the Act. The Commissioner may also provide advice to former members, for a period of twelve (12) months from the date a member ceases to hold office.
• To oversee the disclosure process, including meeting with each Member at least annually to review the disclosure of the Member’s financial interests;
• To respond to allegations that a Member has contravened the Act, and to conduct an inquiry if warranted.

Who can seek the Commissioner’s advice?

The Commissioner may provide advice to two groups of persons:

• current sitting members of the Legislative Assembly; and
• former members, for a period of twelve (12) months from the date a member ceases to hold office

These are the only two groups of persons the Commissioner has authority to provide an opinion.  Other public office holders, including government employees and government agencies, municipal government or other Independent Officers do not fall within the Commissioners mandate.

The Commissioner does not have the power to deal with a situation that the public thinks is “unethical” or a “conflict”.

The Commissioner does not have the power to deal with situations where the public disagrees with the way a Member behaved or with the actions that the Government is taking.

Who can view advice provided by the Commissioner?

Section 27(3) of The Act provides that any opinions or recommendations of the commissioner are confidential, but may be released by the member, or with the written consent of the member.