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Consolidated Newfoundland Regulation 1996


CONSOLIDATED NEWFOUNDLAND REGULATION 1158/96

CONSOLIDATED NEWFOUNDLAND REGULATION 1158/96

Conflict of Interest Public Employees Regulations
under the
Conflict of Interest Act
(O.C. 96‑996)

Under the authority of section 9 of the Conflict of Interest Act and the Subordinate Legislation Revision and Consolidation Act, the Lieutenant‑Governor in Council makes the following regulations.

REGULATIONS

Analysis


        1.   Short title

        2.   Definitions

        3.   Disclosure required

        4.   Receipt of benefit prohibited

        5.   Prohibited interests

        6.   Use of information prohibited

        7.   Other employment prohibited

        8.   Personal benefit prohibited

        9.   Future employment

      10.   Preferential treatment prohibited

      11.   Self‑disqualification required

      12.   Self‑disqualification required

      13.   Association with private interest group

      14.   Notification required

      15.   Gifts or tokens

      16.   Duties of department head

      17.   Duties of ministers

      18.   Appeal

      19.   Consultation required

      20.   Effect of regulations

      21.   Repeal

Schedule


Short title

        1. These regulations may be cited as the Conflict of Interest Public Employees Regulations.

311/82 s1

Definitions

        2. In these regulations

             (a)  "department head" means a person designated by statute or appointed by the Lieutenant‑Governor in Council as permanent head of a department of government or agency listed in the Schedule and, in relation to a public employee who is himself or herself a department head, means the minister responsible for that department or agency;

             (b)  "minister" means a person who holds office as a minister of the Crown;

             (c)  "public employee" means an employee, other than a seasonal employee, of the departments of government or agencies listed in the Schedule and shall include

                      (i)  department heads, and

                     (ii)  members of the Premier's and ministers' political support staff; and

             (d)  "relative" in relation to a particular public employee means the spouse of that public employee and a person within one degree of relationship by marriage, adoption or consanguinity of that public employee or of his or her spouse.

311/82 s2; 91/93 s1

Disclosure required

        3. (1) A public employee shall disclose in writing to his or her department head any business, financial or property interest of himself or herself, his or her spouse and minor children that actually or potentially conflicts with or is affected by actions taken or decisions made by him or her in the course of his or her official duties as a public employee, except where the interest is affected in the same manner as the interests of members of the general public.

             (2)  A public employee shall not, without the permission of his or her department head, participate in an official action concerning an interest disclosed or required to be disclosed under subsection (1).

311/82 s3

Receipt of benefit prohibited

        4. (1) While he or she is employed as a public employee and for one year after that, a public employee, his or her spouse or minor children or a body or organization in which any of them has a financial interest shall not, without first obtaining approval of the Lieutenant‑Governor in Council, be eligible to receive from the department or agency with which he or she is employed or was last employed, or from the Department of Works, Services and Transportation contracting on behalf of the department or agency, any of the following benefits:

             (a)  a contract for the supply of goods or services;

             (b)  a contract to construct, maintain or repair a public work;

             (c)  a grant or lease of land; or

             (d)  financial assistance for commercial purposes by way of grants, loans, guarantees, subsidies or otherwise.

             (2)  The department head of a public employee referred to in subsection (1) shall report to the Lieutenant‑Governor in Council on whether and to what extent there is a relationship or conflict of interest, actual or potential, between the proposed benefit and the public employee's official duties, and the Lieutenant‑Governor in Council shall take the report of the department head into account in deciding whether or not to grant approval under subsection (1).

             (3)  A member of the political support staff of the Premier or a minister and for one year after ceasing to be so employed that member, that member's spouse or minor children or a body or organization in which any of them has a financial interest shall not, without first obtaining approval of the Lieutenant‑Governor in Council, be eligible to receive the benefits mentioned in subsection (1) from the province or a department or an agency listed in the Schedule.

311/82 s4; 91/93 s2

Prohibited interests

        5. (1) A public employee shall not own shares in a company, or have an interest in a partnership or other association that is engaged in the exploration for oil and gas in areas regulated under the Petroleum Regulations or that is engaged in mineral exploration in the province or whose primary purpose and business involves land speculation or land development in the province.

             (2)  A public employee shall declare in writing to his or her department head any interests of the kind referred to in subsection (1) held by his or her spouse or minor children.

             (3)  A public employee shall declare in writing to his or her department head an interest held by himself or herself, his or her spouse or his or her minor children in land or real property, except for his or her principal residence.

             (4)  This section shall apply only to those public employees appointed by Order‑in‑Council and other public employees designated by the Lieutenant‑Governor in Council.

             (5)  Every department head shall notify the Public Service Commission of public employees within his or her department to whom this section applies and the Public Service Commission shall maintain a list of all public employees to whom this section applies.

             (6)  A department head may make recommendations to the Lieutenant‑Governor in Council through the minister responsible for the department with respect to the designation of public employees as persons to whom this section should apply.

311/82 s5; 167/84 ss1‑3

Use of information prohibited

        6. A public employee shall not use information acquired during the course of his or her official duties, which information is not generally available to the public, for the benefit or furtherance of his or her own private affairs or, except in performance of his or her official duties, for the benefit or furtherance of the private affairs of another person.

311/82 s6

Other employment prohibited

        7. A public employee shall not hold any employment, office or position, including self‑employment, outside of his or her employment as a public employee that conflicts with or interferes with the performance of his or her duties as a public employee.

311/82 s7

Personal benefit prohibited

        8. A public employee shall not for his or her personal benefit or in any outside employment, office or position

             (a)  use an advantage derived from his or her employment as a public employee;

             (b)  use government premises, equipment or supplies; or

             (c)  perform the employment or conduct himself or herself in the office or position so as to appear to act in an official capacity or with government approval or to represent government opinion or policy.

311/82 s8

Future employment

        9. A public employee shall not allow the performance of his or her official duties to be influenced by plans or offers of future employment.

311/82 s9

Preferential treatment prohibited

     10. A public employee shall not accord, in the performance of his or her official duties, preferential treatment to relatives or to organizations in which he or she or his or her relatives are members or have an interest, financial or otherwise.

311/82 s10

Self‑disqualification required

     11. A public employee shall disqualify himself or herself from participation in the process of appointments and promotions of public employees where he or she may be in a position to influence the decision to appoint or promote a relative.

311/82 s11

Self‑disqualification required

     12. A public employee shall disqualify himself or herself from exercising all regulatory, inspection or discretionary functions in matters involving himself or herself or a relative, including contracts, land grants and leases, provision of residential accommodation, or provision of financial assistance for commercial purposes by way of grants, loans or guarantees, subsidies or otherwise.

311/82 s12

Association with private interest group

     13. A public employee who is actively associated with a private interest group or voluntary agency shall disclose his or her interest in the group or agency and shall disqualify himself or herself from participating in a government decision regarding the group or agency if a conflict arises between his or her interest in the group or agency and performance of his or her official duties as a public employee.

311/82 s13

Notification required

     14. A public employee shall notify his or her department head in writing of any matter in respect of which he or she has disqualified himself or herself from acting.

311/82 s14

Gifts or tokens

     15. A public employee shall not accept a gift, favour or service from a person having dealings with the department or agency employing the public employee other than normal hospitality between persons doing business together and gifts and tokens as part of protocol or customarily presented to persons participating in public functions.

311/82 s15

Duties of department head

     16. (1) Every department head shall be responsible for the administration of these regulations as they affect public employees within his or her department or agency.

             (2)  A department head may, after consultation with the Public Service Commission, issue guidelines to public employees in his or her department or agency to assist in enforcement of and compliance with these regulations.

             (3)  A department head may require a public employee in his or her department or agency to file a disclosure statement with the department head containing the same type of information as is required by a disclosure statement under the Act.

             (4)  A department head may decide whether a particular situation involves a conflict of interest on the part of a public employee and shall notify the public employee in writing of the decision.

             (5)  In the event of a department head deciding that there is a conflict of interest on the part of a public employee, the department head shall have power to take the action in respect of the conflict of interest as he or she considers necessary or appropriate, including, but not limited to, power

             (a)  to require a public employee to divest himself or herself or to require that his or her spouse or minor children divest themselves of any interest or assets which cause a conflict of interest or to place the interests or assets in trust in a manner approved by the department head;

             (b)  to require a public employee to cease any employment, office or position outside of his or her employment as a public employee;

             (c)  to transfer a public employee to another position within the department or agency;

             (d)  to remove a public employee for a temporary period from the duties which cause a conflict of interest;

             (e)  to accept the resignation of a public employee;

              (f)  to suspend or discipline a public employee; and

             (g)  to recommend to the Lieutenant‑Governor in Council through the minister responsible for the department the dismissal of a public employee.

311/82 s16

Duties of ministers

     17. Every minister shall be responsible for administration of these regulations as they pertain to department heads under his or her administrative control and shall have the same powers and duties with regard to a department head as the department head has under these regulations with regard to other public employees.

311/82 s17

Appeal

     18. (1) A public employee who is aggrieved by a decision of a department head made under subsection 16(4) may, within 14 days of receipt of notification of the decision, appeal the decision to an appeal board comprised of any 3 members of the Classification Appeal Board for the government.

             (2)  The appeal board constituted under subsection (1) shall be known as the Conflict of Interest Appeal Board.

             (3)  The constitution, rules and procedures of the Classification Appeal Board shall, so far as applicable and not inconsistent with these regulations, be the constitution, rules and procedures of the Conflict of Interest Appeal Board.

             (4)  A public employee or department head who is aggrieved by a decision of the Conflict of Interest Appeal Board may, within 30 days of the decision being communicated to him or her, appeal from it on a point of law or mixed fact and law to a judge of the District Court within the territorial limits in which the appellant resides.

             (5)  The rules governing appeals to a judge of the District Court apply to appeals under subsection (4).

             (6)  If an appeal is made under subsection (1) or (4), an action shall not be taken under these regulations to dismiss a public employee or to require divestiture of any interest or assets or cessation of any employment or position until the appeal has been disposed of and the period for a further appeal has expired.

311/82 s18; 167/84 ss4&5

Consultation required

     19. A department head shall consult with the Public Service Commission before taking any action under subsection 16(5) and shall report in writing to the Public Service Commission any action taken under subsection 16(5) within 30 days of taking that action.

311/82 s19

Effect of regulations

     20. These regulations shall be in addition to and not in derogation of other legislation, regulations, terms and conditions pertaining to employment of public employees including under a collective bargaining agreement.

311/82 s20

Repeal

      21. The Conflict of Interest (Public Employees) Regulations, 1982, Newfoundland Regulation 311/82, are repealed.


Schedule

DEPARTMENTS OF GOVERNMENT

Department of Development and Rural Renewal

Department of Education

Department of Environment and Labour

Department of Finance

Department of Fisheries and Aquaculture

Department of Forest Resources and Agrifoods

Department of Government Services and Lands

Department of Health

Department of Industry, Trade and Technology

Department of Justice

Department of Mines and Energy

Department of Municipal and Provincial Affairs

Department of Social Services

Department of Tourism, Culture and Recreation

Department of Works, Services and Transportation

Executive Council Office

Office of the Auditor General

AGENCIES

Agricultural Products Marketing Board

Board of Commissioners of Public Utilities

C. A. Pippy Park Commission

Economic Recovery Commission

Enterprise Newfoundland and Labrador Corporation

Farm Development Loan Board

Fisheries Loan Board of Newfoundland

Fishing Industry Advisory Board

Gander Development Corporation

Harmon Corporation

House of Assembly

Human Rights Commission

Newfoundland Farm Products Corporation

Newfoundland Industrial Development Corporation

Newfoundland and Labrador Computer Services Limited

Newfoundland and Labrador Housing Corporation

Newfoundland and Labrador Hydro‑Electric Corporation

Newfoundland Liquor Corporation

Newfoundland Liquor Licensing Board

Newfoundland Medical Care Commission

Newfoundland Municipal Financing Corporation

Newfoundland Public Service Commission

Office of the Legislative Counsel

Petroleum Directorate

Provincial Planning Board

Public Libraries Board

Residential Tenancies Boards under the Residential Tenancies Act

Rural Development Authority

St. John's Metropolitan Area Board

Workers' Compensation Board

311/82 Sch; 167/84 s6; 51/91 s1