BILL M221 – 2023
MEMBERS' CONFLICT OF INTEREST
AMENDMENT ACT, 2023

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

1 Section 8 (8) of the Members' Conflict of Interest Act, R.S.B.C. 1996, c. 287, is amended by striking out "$5 000" and substituting "$50 000".

2 The following sections are added:

Former members

8.1 (1) A former member must not

(a) act in such a manner as to take improper advantage of their previous office as a member, or

(b) give advice to a client, business associate or employer of the former member using information that

(i) was obtained in the former member's capacity as a member, and

(ii) is not available to the public.

(2) A former member must not

(a) enter into a contract of service with, accept an appointment to a board of directors of or accept an offer of employment with an entity with which the former member had direct and significant official dealings during the 12 months before the date when the former member ceased to hold office, or

(b) make representations for or on behalf of any other person or entity to any ministry, organization, board, commission or tribunal with which the former member had direct and significant official dealings during the 12 months before the date when the former member ceased to hold office.

(3) A former member who was a member of the Executive Council must not make representations to a current member of the Executive Council or current parliamentary secretary who was a member of the Executive Council or a parliamentary secretary at the same time that the former member was a member of the Executive Council.

(4) A former member who was a parliamentary secretary must not make representations to a current member of the Executive Council or current parliamentary secretary who was a member of the Executive Council or a parliamentary secretary at the same time that the former member was a parliamentary secretary.

(5) The prohibitions set out in subsection (2) apply in relation to a former member other than a former member of the Executive Council or former parliamentary secretary until 12 months after the date when the former member ceased to hold office.

(6) The prohibitions set out in subsections (2) to (4) apply in relation to a former member of the Executive Council or former parliamentary secretary until the later of

(a) 12 months after the date when the former member ceased to hold office as a member, and

(b) 24 months after the date when the former member ceased to hold office as a member of the Executive Council or a parliamentary secretary.

(7) A person who contravenes this section commits an offence and is liable, on conviction, to a fine of not more than $50 000.

Exemption

8.2 (1) The commissioner may, on application, exempt a former member from the application of section 8.1 (2) to (4).

(2) The commissioner must, in exercising discretion under subsection (1), consider whether the public interest in granting the exemption outweighs the public interest in maintaining the prohibition.

(3) In determining the public interest for the purposes of subsection (2), the commissioner must consider the following factors:

(a) the circumstances under which the former member ceased to hold office as a member, a member of the Executive Council or a parliamentary secretary;

(b) the general employment prospects of the former member;

(c) the nature, and significance to the government, of information possessed by the former member by virtue of the former member's office;

(d) the facilitation of interchange between the private and public sector;

(e) in the case of an offer for employment, the unfair commercial advantage, if any, the employer might gain by hiring the former member;

(f) the authority and influence possessed by the former member while in office;

(g) the commissioner's decisions in relation to other applications.

(4) The commissioner must

(a) provide the decision made on an application to the former member in writing, and

(b) if an exemption is granted, promptly publish the decision and the reasons for it on a publicly accessible website maintained by or on behalf of the Legislative Assembly.

Commencement

3 This Act comes into force on the date of Royal Assent.

Explanatory Notes

CLAUSE 1: [Members' Conflict of Interest Act, section 8] increases the maximum fine for a contravention of certain conflict of interest provisions by former members of the Executive Council and former parliamentary secretaries to $50 000.

CLAUSE 2: [Members' Conflict of Interest Act, sections 8.1 and 8.2] provides for conflict of interest prohibitions, and exemptions from the prohibitions, for former members.