|
|
|
Legislative Assembly of New Brunswick
Status of Legislation - First Reading Bill
An Act to Amend the Members' Conflict of Interest Act
 
Legislature :
54
Session :
5
Bill No. :
37
Member :
Hon. Green
First Reading :
2003-3-12
Second Reading :
2003-3-13
Committee of the Whole :
2003-3-14
Amended :
Third Reading :
2003-3-18
Royal Assent :
2003-4-11
Download PDF :
  Bill 37         
.........................................................................................................................................................................................................
Text of Bill :
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:



1                           Section 19 of the Members' Conflict of Interest Act, chapter M-7.01 of the Acts of New Brunswick, 1999, is amended



(a)               by adding after subsection (1) the following:



19(1.1)          Where a member fails to consult with the Commissioner under subsection 18(6), the Commissioner shall request the member to appear for consultation by a date specified by the Commissioner.



(b)               by repealing subsection (2) and substituting the following:



19(2)               Where a member fails to file a private disclosure statement by the date specified by the Commissioner under subsection (1) or fails to appear for consultation by the date specified by the Commissioner under subsection (1.1), the Commissioner shall prepare a report with the name of the member concerned and file it with the Speaker, who shall table the report before the Assembly if it is then sitting, or if it is not sitting, within fifteen days after it next sits.



2                           Section 22 of the Act is amended by adding after subsection (1) the following:



22(1.1)          The Commissioner is an officer of the Assembly.



3                           Section 30 of the Act is amended



(a)               in subsection (1) of the French version by striking out "des avis et des recommandations sur toute affaire relative à ses obligations au Commissaire" and substituting "au Commissaire des avis et des recommandations sur toute affaire relative à ses obligations en vertu de la présente loi";



(b)               in paragraph (2)(b) of the English version by striking out "paragraph (a)" and substituting "in paragraph (a)".



4                           The Act is amended by adding after section 30 the following:



30.1(1)          The Premier may request the Commissioner to give advice and recommendations on any matter respecting the obligations under this Act of a member of the Executive Council.



30.1(2)          The Commissioner may make such inquiries that the Commissioner considers appropriate and shall provide the Premier with written advice and recommendations which



(a)               shall state the material facts either expressly or by incorporating the facts provided by the Premier,



(b)               shall be based on the facts referred to in paragraph (a), and



(c)                may be based on any other considerations the Commissioner considers appropriate.



30.1(3)          The advice and recommendations of the Commissioner are confidential unless released by the Premier or with his or her consent.



5                           Section 37 of the Act is amended by adding after subsection (2) the following:



37(2.1)          When the Commissioner conducts an investigation or an inquiry under this section, the member who is the subject of the request under section 36 shall respond promptly and completely to all of the Commissioner's questions and requests for information.



6                           Section 40 of the Act is amended



(a)               by repealing subsection (1) and substituting the following:



40(1)               Where a request is made under section 36 and the Commissioner has determined that the request does not fall within the scope of subsection 37(4), the Commissioner shall, upon completion of an investigation, report to



(a)               the Speaker,



(b)               the member who is the subject of the investigation,



(c)                the leader in the Assembly of the registered political party to which the member belongs, and



(d)               if the request was made by a member under subsection 36(1), that member.



(b)               by adding after subsection (3) the following:



40(4)               The Commissioner's report shall remain confidential until it is laid before the Assembly or filed with the Clerk of the Legislative Assembly under section 42 and no person shall disclose all or any portion of it before that time.



7                           Section 42 of the Act is repealed and the following is substituted:



42                        On receipt of a report under subsection 40(1), the Speaker shall



(a)               if the Assembly is sitting, lay the report before the Assembly as soon as practicable, or



(b)               if the Assembly is not sitting, immediately file the report with the Clerk of the Legislative Assembly who shall make copies of the report available to all members as soon as practicable.



8                           Section 43 of the Act is amended by adding after subsection (1) the following:



43(1.1)          If the Assembly chooses to exercise its authority under subsection (1),



(a)               where the Commissioner's report was laid before the Assembly under paragraph 42(a), it shall exercise its authority within thirty days after the laying of the report or within such other period as may be determined by a resolution of the Assembly, or



(b)               where the Commissioner's report was filed with the Clerk of the Legislative Assembly under paragraph 42(b), it shall exercise its authority within thirty days after the commencement of the next sitting or within such other period as may be determined by a resolution of the Assembly.



9                           The Act is amended by adding after the heading "MISCELLANEOUS" the following:



Review of Act

43.1(1)          The Commissioner shall initiate a review of this Act within five years after the coming into force of this section and subsequently within five years after each time the committee submits a report under subsection (3).



43.1(2)          When the Commissioner has completed a review under subsection (1), the Commissioner shall prepare a report on the review and submit it to the Legislative Administration Committee or to such other committee of the Assembly as may be determined by a resolution of the Assembly.



43.1(3)          The committee which has received the Commissioner's report under subsection (2) shall review it and then prepare and submit a report on its review, including any recommendations for amendments to this Act, to the Assembly within one year after the committee has received the Commissioner's report.



EXPLANATORY NOTES



Section 1



(a)               New provision.



(b)               The existing provision is as follows:



19(2)               Where a member fails to file a private disclosure statement by the date specified by the Commissioner under subsection (1), the Commissioner shall prepare a report with the name of the member who has failed to file the statement and file it with the Speaker, who shall table the report before the Assembly if it is then sitting, or if it is not sitting, within fifteen days after it next sits.



Section 2



New provision.



Section 3



(a)               The English and French versions are made consistent.



(b)               A correction is made in the English version.



Section 4



New provision.



Section 5



New provision.



Section 6



(a)               The existing provision is as follows:



40(1)               Where a request is made under section 36 and the Commissioner has determined that the request does not fall within the scope of subsection 37(4), the Commissioner shall, upon completion of an investigation, report to the Speaker and to the member who is the subject of the investigation.



(b)               New provision.



Section 7



The existing provision is as follows:



42                        On receipt of a report under subsection 40(1), the Speaker shall lay the report before the Assembly as soon as is practicable if it is sitting, or if it is not sitting, within fifteen days after the commencement of the next sitting.



Section 8



New provision.



Section 9



New provision.
.........................................................................................................................................................................................................
Legend
* Private Bill
** Bill referred to Standing Committee on Law Amendments
+ Private Member's Public Bill
++ Motion for second reading defeated
+++ Debate at second reading adjourned
DISCLAIMER