Bill 207 — The Public Officials Disclosure Act (Legislature 17, Session 3)

L17 S3 5355

Alberta — Bills

1974 BUU~07 , ii' , Third Session, 17th Legislature, 23.Elizaheth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 207 The Public Officials Disclosure Act MR. LUDWIG First Reading ...................... . 8e:cond Reading Third Reading ...... . Printed by L. $. WALL, Queen's Printer for the Province of Alberta, EDMONTON

Bill 207 Mr. Ludwig BILL 207 1974 THE PUBLIC OFFICIALS DISCLOSURE ACT (Assented to , 1974) HER MAJESTY, by and with the advice and consent of the Legislative Assembly 'Of Alberta, enacts as follows: 1. In this Act, (a) "family" means the spouse of a public official, and any child 'Of his who has not attained the age of majority; (b) "interest", where used in relation to a public offi cial or his family, means (

i) any trade, business, profession, or enterprise operating in the Province with which the public official or his family is or was associ ated as an employee, officer, 'Owner or part owner, director, trustee, partner, adviser, or consultant, or (ii) any debt owed to a creditor of the public official or his famHy, other than (

A) a mortgage on land that the publie official occupies as his ordinary residence; or (

B) current and ordinary household and per sonal living expenses, or (iii) any right or ownership, whether direct or in direct, legal or beneficial, in real or personal property, other than property that the public official and his family 'Occupy as, or as inci dental to, their ordinary residence, but does not include any interest designated to be exempt by order of the Lieutenant Governor in Council; (c) "public official" means a person who is (

i) a member 'Of the Executive Coun0il of the Province, or (ii) a member of the Legislative Assembly of the Province, or (iii) a member of the council of a municipality, or

(iv) a member of a board of trustees 'Of a school d.istrict or school division, and includes any senior governmental official, whether elected or not, who is designated by 'Order of the Lieutenant Governor in Council to be a public official for the purp'Oses of this Act. 2.

(1) Every public 'Official shall (

a) not later than the 15th day of the month foll'Owing the month that he assumes office as a public official, (

b) between the firs,t and 15th days of January and the first and 15th days of July in each year during which he is a public official, and (

c) not later than the 15th day of the month f'Ollowing the month that he eeases, for any reas'On other than his death, to be a public official, disclose and describe any interest that he or his family had at any time during the six-month period immediately preceding the first day of the month in which he makes his disclosure.

(2) A disclosure made under subsection (1) shall state that the public official or his family has or had an interest and shall describe the nature of the interest, including the location of any real property, but need not discl'Ose the pecuniary involvement, or eXltent of involvement, in the in terest.

(3) A disclosure made under subsection (1) shall be made in prescribed form to the clerk or secretary of the Assembly, council 'Or board to which the public official is elected, or to such person as may be designated, for the purposes of this section, by order of the Lieutenant Gov ernor in Council. 3.

(1) Where a public official 'Or his family has, after the date of his last written disclosure, acquired any interest re specting a matter that is being considered by the Assembly, council, 'Or board to which he ,is elected, the public official shall, before he speaks to or votes on the matter, orally disclose the interest to the Assembly, council or board.

(2) Every oral disclosure made under subsection (1) shall be recorded in the minutes of the meeting or proeeed ing at which the disclosure is made. 4. The provisions of this Act are supplementary to and do not affect any duty or 'Obligation to disdose an interest under any other law. 5. The failure of a public official to comply with sec tion 2 or 3 shall not, of itself, invalidate any matter, proceeding, vote, or c'Ontract. 2

'6. The person to whom a written disclosure is made shall, upon request being made to him during n'Ormal busi ness hours, produce for inspection by the person making the request the wriltten disclosure 'Of a public official other than a senior governmental official who is designated by order 'Of the Lieutenant Governor in Council. 7. For the purpose of carrying out the provisions of this Act according to their intent, the Lieutenant Governor in Council may make such regulations and orders as are an cillary !thereto and not inconsistent therewith and as are considered necessary or advisable; and every regulation and order made under this

section shall be deemed to be part of the Act and have the force of law. 8.

(1) Every public official who refuses or neglects to comply with

section 2 or 3 is guil:ty of an offence and is liable, on

summary conviction, to a fine of not more than five thousand dollars or to imprisonment for a term of not more than six months, or to both a fine and imprison ment.

(2) It is a defence to a charge under this Act to show that the public official complied with rthe Act to the best of his knowledge and belief. 9.

(1) This Act, exeepting this section, comes into force on a date to be fixed by the Lieurtenant Governor by his Proclamati'On, and he may fix different dates for the com ing into force of the several provisions of the Act.

(2) This

section comes into force on the day it is assented to. Title: 1974 (17th, 3rd) Bill 207, The Public Officials Disclosure Act

Document details

Collection	Alberta — Bills
Citation	L17 S3 5355
Type	bill
Volume / chapter	L17 S3 5355
Language	en
Format	json
Source	PROVINCIAL
Identifier	98c1b434599fc0ad56103175356bebeedf826911

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