Bill 202 — First Session, 19Th Legislature, 28 Elizabeth Ii the Legislative Assembly of Alberta Bill 202 the Code of Ethics and Conduct Act (Legislature 19, Session 1)

L19 S1 4264

Alberta — Bills

1979 BILL 202 First Session, 19th Legislature, 28 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 202 THE CODE OF ETHICS AND CONDUCT ACT MR. NOTLEY First Reading Second Reading Committee of the Whole Third Reading Royal Assent Printed by the Queen ’s Printer for the Province of Alberta, EDMONTON Title: 1979 (19th, 1st) Bill 202, The Code of Ethics and Conduct Act, 1979

Bill 202 Mr. Notley BILL 202 1979 THE CODE OF ETHICS AND CONDUCT ACT (Assented to , 1979) HE R MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: 1. In this Act, (a) “asset” means any property of value, including land or any interest in land, personal or intellectual property, shares in a company, interest in a business, any security or interest therein or a directorship in a company doing business in Alberta, but shall not include (

i) any residence actually used as such by the person or his family; (ii) any part of a farm or business premises which are actually used as a residence by the person or his family; (iii) any recreational home used by the person or his family; (iv) any personal household effects or other property, in cluding the normal physical contents of his residence or recreational home used for ordinary living and enjoyment by the person or his family including vehicles, boats and aircraft; (

v) cash and bank or savings accounts; (vi) bonds or securities of any level of Government of Canada or of any agency of any such government; (vii) a registered retirement savings plan; (viii) a registered home ownership savings plan; (ix) land or any interest therein or physical personal pro perty located outside Alberta; (

x) any interest or directorship in a business or a com pany doing business only outside Alberta; (xi) any security given by a company doing business only outside Alberta or given on assets located outside Alberta;

Explanatory Notes 1.

Definitions.

(xii) an insurance policy or benefit; (xiii) a pension, annuity or interest therein. (b) “blind trust” means a trust over which the beneficiary has no control, other than by way of receipt of income; (c) “business” means the carrying on of a profession, trade, occupation or undertaking of any kind whatever and in cludes an office or employment; (d) “conflict of interest” means a situation where an indivi dual’s private interests conflict with his public duty; (e) “executive staff member” means a person appointed by a Minister to serve on his executive staff, whether or not of the status of a Deputy Minister, and who is paid out of public funds, but does not include secretarial or clerical staff; (f) “family” means a spouse or dependent relative living with a person; (g) “head of a Crown Corporation” means the Chief Executive Officer of a Crown Corporation listed in the Schedule; (h) “shareholder” means a person holding directly or benefici ally, otherwise than through a blind trust, more than 5% of the issued share capital of a company.

CONFLICT OF INTEREST 2. No member of the Legislative Assembly, Minister or execu tive staff member shall request or accept payment or other benefit for functions which are part of their public duties other than the remuneration and benefits accruing to his position. 3. No member of the Legislative Assembly may take supple mentary employment other than as authorised by or pursuant to any Act, (

a) which is performed in such a way as to appear to be an official act, or to directly represent the Government of Alberta; or (

b) which unduly interferes with his responsibilities as a mem ber. 4. No Minister may carry on business other than as a Minister, except (

a) a family farm; or (

b) a business carried on through a blind trust. 5. No executive staff member or head of a Crown Corporation shall (

a) carry on any business other than as an executive staff mem ber or head of a Crown Corporation, except (

i) a family farm, or (ii) a business carried on through a blind trust; 2

2. This

section provides additional sanctions concerning matters covered by the Criminal Code (Canada), sections 107-111. 3. This

section provides prohibition concerning outside employment in addition to those contained in The Legislative Assembly Act. 4. Ministers are prohibited from carrying on major business activities while they are in office. 5. Restrictions on outside employment by executive staff members and heads of Crown Corporations. 2

(

b) be a person, or be a director, officer or shareholder of a company, holding or engaged in any contract or agree ment with Her Majesty under which any public money of the Province is expended for any service or work, matter or thing other than the contract under which he holds his position as executive staff member or head of a Crown Corporation. PUBLIC DISCLOSURE 6.

(1) At the time of assuming office every member of the Legislative Assembly, Minister, executive staff member and head of a Crown Corporation shall file with the Clerk of the Legislative Assembly a declaration of (

a) his assets, and (

b) every position that he has held as director of a company doing business in Alberta within the previous 5 years.

(2) The Clerk shall maintain the information available for public scrutiny.

(3) A person who is requested to file a declaration pursuant to subsection (1) shall also file any change to it. 7. Every member of the Legislative Assembly shall disclose to the Assembly the nature of any significant asset that he has, where the value of such investment is likely to be affected by a resolution of the Assembly, and the member shall refrain from voting on the resolution. EMPLOYMENT FOLLOWING PUBLIC OFFICE 8.

(1) Every executive staff member and head of a Crown Corporation shall (

a) disclose to his Minister all serious offers of positions out side Government service which would put him in a posi tion of conflict of interest; (

b) disclose to his Minister any job offer under serious con sideration that has been received from an individual, organ ization or interest group with a commercial orientation in the private sector and with which he has had official dealings.

(2) In seeking or negotiating a position outside Government service every executive staff member and head of a Crown Cor poration shall ensure that such endeavours do not interefere with his official duties or place him in conflict of interest. 9. No Minister, executive staff member or head of a Crown Corporation shall, for a period of 2 years following his employment in that capacity (

a) accept a directorship of a company which was, as a matter of course, in a special relationship with the department or agency with which he was last employed, whereby the com- 3

6. Corporate directorships held within the previous 5 years and assets held while in office are to be disclosed. 7. This

section enacts an existing provision of the Standing Orders of the Legislative Assembly. 8. Requires executive staff and heads of Crown Corporations to disclose job offers which place the individual in a conflict of interest, or which is under serious consideration and made by a group or individual with which he has had official dealings. 9. Ministers, their executive staff and heads of Crown Corporations are prohibited for a period of 2 years from taking employment with companies or with respect to matters with which they have been officially involved. 3

pany was subject to regulation by the department or agency, or received subsidies, loans or other financial assistance from the department or agency, or (

b) act for or on behalf of any person in connection with any specific proceeding, transaction, cause or other matter to which the Government of Alberta is a party and with which he had a personal and substantial involvement on behalf of a department or agency of the Government; (

c) lobby on behalf of any person before any department or agency with which he was employed or with which he had a direct and substantial official relationship during the period of 2 years prior to the termination of his employ ment. 10. No Minister, executive staff member or head of a Crown Corporation shall, within a period of 1 year following employment in that capacity, (

a) accept employment with a person with whom he had signi ficant direct official dealings during the last year of his employment; (

b) act for or on behalf of any person in connection with any specific proceeding, transaction, cause or other matter which came under authority of his department or Crown Corporation during the period of 1 year prior to the ter mination of his employment; (

c) give advice on the programs or policies of the department or agency with which he was employed or with which he had a direct, substantial relationship during the period of 1 year prior to the termination of his employment, where the advice is to be used for commercial purposes. 11.

(1) No former Minister, executive staff member or head of a Crown Corporation shall be appointed to a position in the public service of Alberta without there being a competition for that position.

(2) In appointing persons to offices or commissions, the Lieu tenant Governor in Council shall ensure that no former Minister, executive staff member or head of a Crown Corporation is appoin ted without prior consideration of other potential applicants with similar or greater qualifications. 12. The Lieutenant Governor in Council may make regulations establishing procedures for carrying out the purposes of this Act. 13. Anyone who violates a provision of this Act is guilty of an offence, and liable on

summary conviction to be removed from his capacity as Minister, executive staff member or head of a Crown Corporation or to be declared ineligible to be a member of the Legislative Assembly, as the case may be, and to a fine of up to $10 000. 14. This Act comes into force on the day upon which it is assen ted to. 4

10. Ministers, their executive staff and heads of Crown Corporations are prohibited from accepting employment in areas where they have had general involvement in the government service, for a period of 1 year. 11. Former Ministers, their executive staff and heads of Crown Cor porations are eligible for employment with the Government following their service provided that it is ensured that the appointments are seen to be fair. 12. Regulations. 13. Penalties. 4

SCHEDULE Pacific Western Airlines Alberta Energy Company Alberta Agricultural Development Corporation Alberta Educational Communications Corporation Alberta Government Telephones Alberta Hail and Crop Insurance Corporation Alberta Housing Corporation Alberta Municipal Financing Corporation Alberta Oil Sands Technology and Research Authority Alberta Opportunity Company Alberta Research Council Alberta Resources Railway Corporation 5 Title: 1979 (19th, 1st) Bill 202, The Code of Ethics and Conduct Act, 1979

Document details

Collection	Alberta — Bills
Citation	L19 S1 4264
Type	bill
Volume / chapter	L19 S1 4264
Language	en
Format	json
Source	PROVINCIAL
Identifier	c7255edd34c2e368db477faf16e4422595912439

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