Statutes of Newfoundland 1993 Chapter 1

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Statutes of Newfoundland 1993

CHAPTER 1 CHAPTER 1

AN ACT TO AMEND THE HOUSE OF ASSEMBLY ACT
(Assented to March 25, 1993)

Analysis

1. Heading added

PART I
HOUSE OF ASSEMBLY

Heading added

PART II
CONFLICT OF INTEREST

20. Definitions

21. Conflict of interest

22. Influence

23. Insider information

24. Activities on behalf of constituents

25. Private interest not furthered

26. Accepting extra benefits

27. Carrying on business

28. Sale to evade Part

29. Acting for future gain prohibited

30. Post-office employment

31. Waiver re: s.30

32. Government contracts

33. Procedure on conflict of interest

34. Commissioner

35. Annual report

36. Disclosure statement

37. Public disclosure statement

38. Commissioner to advise member

39. Interest designated as excluded

40. Commissioner's opinion and advice

41. Commissioner to destroy documents

42. Commissioner's opinion on referred question

43. Inquiry

44. Report

45. Penalties

46. Concurrence of House of Assembly

47. Suit for compensation allowed

48. Examination of member

49. Regulations

50. Information exempt from F.I Act

51. Action doesn't lie

52. Prerogative of Premier

53. Commencement

PART III
LEGISLATIVE DISABILITIES

54. Writ of election

PART IV
CONSEQUENTIAL AMENDMENTS AND COMMENCEMENT

55. RSN 1990 cC-30

56. Ministers' guidelines

57. RSN1990 cL-12

58. Commencement

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

RSN 1990 cH-10

1. (1) The House of Assembly Act is amended by adding the following heading between sections 1 and 2:

PART I
HOUSE OF ASSEMBLY

(2) The Act is further amended by adding immediately after section 19 the following:

PART II
CONFLICT OF INTEREST

Definitions

20. In this Part

(a) "excluded private interest" means

(i) an asset, liability or financial interest of less than $10,000 in value,

(ii) a source of income of less than $10,000 a year,

(iii) real property that is used primarily for a residence or for recreation,

(iv) personal property used for transportation, household, educational, recreational, social or aesthetic purposes,

(v) cash on hand or on deposit with a financial institution that is lawfully entitled to accept deposits,

(vi) fixed value securities issued by a government or municipality in Canada or an agency of a government or municipality in Canada,

(vii) a registered retirement savings plan, retirement or pension plan or employee benefit plan, that is not self-administered,

(viii) an investment in an open-ended mutual fund that has broadly based investments not limited to 1 industry or 1 sector of the economy,

(ix) a guaranteed investment certificate or similar financial instrument,

(x) an annuity, life insurance policy or pension right,

(xi) an asset, liability or financial interest that is held

as executor, administrator or trustee, or

(B) by bequest or inheritance, during the 12 months following the date it devolves, and

(xii) an interest certified by the commissioner as being an excluded private interest;

(b) "member" means a member of the House of Assembly or a minister, or both;

(i) the member's spouse,

(ii) a minor child of the member, or a minor who is dependent primarily on the member or the member's spouse for financial support and toward whom the member has demonstrated a settled intent to treat as a family member, and

(iii) a relative of the member or the member's spouse who lives as part of the member's household and is primarily dependent on the member or the member's spouse for financial support;

(d) "minister" means a minister of the Crown and includes a parliamentary assistant to the Premier and a parliamentary secretary to a minister;

(e) "private interest" means

(i) an asset, liability or financial interest,

(ii) a source of income,

(iii) a position of director or officer in a corporation or association,

(iv) membership of a board, commission or agency of the Crown in right of Canada or a province, or a municipality, and

(v) an office, commission or employment in the service of the Government of Canada or a province, at the nomination of the Crown in right of Canada or a province, or an officer of the Crown in right of Canada or a province;

(f) "source of income" means

(i) in the case of employment, the employer,

(ii) in the case of contract work, the party with whom the contract is made, and

(iii) in the case of income arising from a business or profession, the business or profession; and

(g) "spouse" means a person to whom a member is married or with whom the member is living in a conjugal relationship outside marriage, but does not include a person to whom the member is married if they have made a separation agreement or if their support obligations and family property have been dealt with by a court order or separation agreement.

Conflict of interest

21. A member shall not make or participate in making a decision in his or her capacity as a member where the member knows or ought reasonably to know that in the making of the decision there is the opportunity to further, directly or indirectly, a private interest of the member or the member's family.

Influence

22. A member shall not use his or her office to seek to influence a decision made by another person to further, directly or indirectly, a private interest of the member or the member's family.

Insider information

23. (1) A member shall not use or share information that is gained in his or her capacity as a member and is not available to the general public to further or seek to further, directly or indirectly, a private interest of the member or the member's family.

(2) A member shall not use or share information that is gained in his or her capacity as a member and is not available to the general public to improperly benefit another person.

Activities on behalf of constituents

24. This Part does not prohibit the activities in which members normally engage on behalf of constituents.

Private interest not furthered

25. For purposes of this Part, a decision does not further, directly or indirectly, a private interest where the decision

(a) is of general public application,

(b) affects the member or the member's family as 1 of a broad class of the public, or

Accepting extra benefits

26. (1) A member shall not, directly or indirectly, accept a fee, gift or personal benefit, except compensation authorized by law, that is connected, directly or indirectly, with the performance of his or her duties of office.

(2) Subsection (1) does not apply to a gift or personal benefit that is received as an incident of the protocol or social obligations that normally accompany the duties or responsibilities of office.

(3) Where a gift or personal benefit referred to in subsection (2) exceeds $500 in value, or where the total value received directly or indirectly from 1 source in a 12 month period exceeds $500, the member shall immediately file with the commissioner a disclosure statement, in the form prescribed by the regulations, indicating the nature of the gift or benefit, its source and the circumstances under which it was given and accepted.

(4) A statement filed under subsection (3) shall be filed with the member's public disclosure statement and may be inspected by the public.

(5) Nothing in this section prohibits the acceptance of reimbursement of reasonable travel and associated expenses incurred in performing services that are in the public interest, provided that the amount and source of the reimbursement, as well as a description of the services performed, are immediately set out by the member in a disclosure statement filed with the commissioner.

(6) A disclosure statement filed under subsection (5) shall be filed with the member's public disclosure statement and made available for inspection by the public.

Carrying on business

27. (1) A minister shall not

(a) engage in employment or in the practice of a profession;

(b) carry on business; or

except as required or permitted by the responsibilities of the minister or where the activities are not likely to interfere with the public duties of the minister.

(2) A person who becomes a minister shall comply with subsection (1) before the 61st day that follows his or her appointment.

(3) The commissioner may extend the period referred to in subsection (2) by giving the member a written notice to that effect, and may impose on the extension those conditions that the commissioner considers appropriate.

(4) Nothing in this Part shall be interpreted or applied to prevent a member who is not a minister from

(a) engaging in employment or in the practice of a profession;

(b) carrying on a business; or

so long as the member, notwithstanding the activity, is able to fulfil the member's obligations under this Part.

(5) A member may consult with the commissioner to consider whether the member should withdraw from an activity referred to in paragraph (4)(a), (b) or (c), or whether the activity may adequately be reconciled with the member's obligations by the compliance obligations set out in section 33.

Sale to evade Part

28. A member shall not sell or transfer a private interest on terms or conditions that have as their purpose the evasion of a provision of this Act.

Acting for future gain prohibited

29. A minister shall not permit his or her duties as a minister to be influenced by plans for or offers of future employment.

Post-office employment

30. (1) Except in accordance with a waiver or variance granted by the commissioner under section 31, a minister or an officer or employee of a department of government or an agency of the Crown shall not knowingly award to, or approve a contract with, or grant a benefit to,

(a) a person who within the previous year was a minister; or

(b) a corporation or other entity

(i) in which the person holds 10% or more of the shares, or

(ii) of which he or she is an employee, director or partner.

(2) Subsection (1) does not apply to a contract awarded by public tender under which no special preference or treatment was given because the person to whom it was awarded was, within the previous year, a minister, or because the corporation or other entity to which it was awarded is one in which the person holds 10% or more of the shares or of which he or she is an employee, director or partner.

(3) Except in accordance with a waiver or variance granted by the commissioner under section 31, a person who was a minister shall not, within 1 year after ceasing to hold that office,

(a) be employed by, or serve on the board of directors of, a person or entity with which the former minister had significant official dealings during the last year of service in that office;

(b) make representations to or otherwise have dealings with a department or entity for which the former minister was responsible during the last year of service in that office; or

(c) accept, directly or indirectly, a contract or benefit from a department or entity for which the former minister was responsible during the last year of service in that office.

(4) A person who was a minister shall not advise or represent a person or entity, in return for a fee or other benefit, concerning a proceeding, transaction, negotiation or case to which the government of the province is a party, and in respect of which the former minister acted for or advised the government of the province while in office, where the matter might result in the conferring of a benefit of a commercial or private nature on a person, or a benefit of another nature on a person or class of persons that is other than the general public or a broad class.

(5) For purposes of this section, "significant official dealings" means substantial involvement over a period of time of the former minister personally.

Waiver re: s.30

31. On receipt of an application in writing by a person who was a minister, the commissioner may, in writing, waive or vary a prohibition contained in section 30 in relation to that person, on those terms and conditions that the commissioner considers appropriate, where in the opinion of the commissioner the public interest would be served by so doing, including the public interest in attracting capable and qualified individuals to public office.

Government contracts

32. (1) A member shall not knowingly, directly or indirectly, be a party to a contract with the government of the province under which the public money of the province is paid and under which the member receives a benefit.

(2) Subsection (1) does not apply to a member solely on the ground that a party to a contract with the government of the province is a corporation or partnership in which the member or the member's family has a shareholding or interest, if

(a) the shareholding or interest is 10% or less;

(b) the commissioner is of the opinion that the shareholding or interest is insufficient to interfere with the member's public duties; or

(c) the shareholding or interest has been placed in a trust that the commissioner is satisfied will prevent the member exercising authority or control over the affairs of the corporation or partnership and will ensure the member will not receive a payment derived directly from the contract.

(3) This section does not apply to

(a) a contract that existed before the member became a member, or an extension of such a contract according to its terms;

(b) a contract awarded by public tender under which no special preference or treatment was given because of the member or the member's family having an interest in it;

(c) a contract that, either alone or in combination with all contracts with the government of the province in the same calendar year, in which the member or the member's family has an interest, has a value of less than $10,000;

(d) a contract for goods or services made in an emergency;

(e) a contract for goods or services provided in a case where no other person is qualified and available to provide the goods or services;

(f) the completion of a contract that devolves by descent, limitation or marriage, or as devisee, legatee, executor or administrator, where less than 12 months have elapsed after the devolution;

(g) a benefit received or transaction entered into

(i) by a member or the member's family under an Act,

(ii) under which the member or the member's family is entitled, upon fulfilling the conditions specified in or under the Act, to receive the benefit or enter into the transaction on terms in common with the general public or a defined class of the public to which the member belongs, and

(iii) where the benefit or transaction is not subject to the exercise of discretion by a person;

(h) a contract under which one of the member's family becomes an employee of or an independent contractor for personal services to the government of the province where the contract is awarded in the manner provided by law; or

(i) the reimbursement of expenses incurred by the member or the member's family while on the business of the government of the province.

Procedure on conflict of interest

33. (1) A member who has reasonable grounds to believe that he or she would be furthering a private interest, other than an excluded private interest referred to in subparagraphs 20(a)(iii) to (xii), by participating in the consideration of a matter that is before the House of Assembly or the Executive Council, or a committee of either of them, shall, if present at a meeting considering the matter,

(a) disclose the general nature of the conflict of interest; and

(b) withdraw from the meeting without voting or participating in the consideration of the matter.

(2) A minister who knows or should reasonably know that there is a matter requiring the minister to make or participate in making a decision in which there is the opportunity to further, directly or indirectly, a private interest, other than an excluded private interest referred to in subparagraphs 20(a)(iii) to (xii), of the minister or the minister's family shall request another minister to perform the minister's duties in the matter for the purpose of making the decision.

Commissioner

34. (1) There shall be a Commissioner of Members' Interests who is an officer of the House of Assembly.

(2) The commissioner shall be appointed by the House of Assembly on the motion of the Premier following consultation with the Leader of the Official Opposition and representatives of other registered political parties having representation in the House of Assembly.

(3) The person appointed shall hold office during good behaviour for a term of 5 years and may be reappointed for further terms.

(4) The person appointed as commissioner may be removed before the expiration of the term of office by the Lieutenant-Governor in Council for cause on the recommendation of the House of Assembly.

(5) The commissioner shall be paid the remuneration and allowances that are fixed by the Internal Economy Commission of the House of Assembly where he or she is not receiving a salary paid out of the Consolidated Revenue Fund.

(6) The commissioner may, subject to the approval of the Commission of Internal Economy, appoint for the term and on the conditions that the commissioner may determine those employees and officers that are necessary for the performance of the duties of the commissioner.

(7) The commissioner and every person employed by the commissioner shall swear an oath or make a solemn declaration to keep confidential information relating to the personal interests and property of members received or obtained under this Part.

Annual report

35. (1) The commissioner shall report annually upon the affairs of his or her office to the Speaker of the Assembly who shall present the report to the House of Assembly within 15 sitting days of receiving it and, if the assembly is not in session, within 15 sitting days of the beginning of the next session.

(2) The commissioner may from time to time issue summaries of advice given, where it is possible to summarize the advice without disclosing information of a confidential nature or identifying the individual concerned.

(3) In each annual report made under this section the commissioner shall take every reasonable precaution to avoid revealing information likely to identify a member or a member's family.

Disclosure statement

36. (1) Every member shall, within 60 days of being elected or after a member is appointed a minister, and then annually before April 1, file with the commissioner a disclosure statement in the form prescribed by the regulations.

(2) The disclosure statement shall contain,

(a) a full statement of the member's private interests other than personal property referred to in subparagraph 20(a)(iv) where the possession, ownership or use of that property does not give rise to the possibility of a conflict of interest;

(b) the audited financial statement of the assets, financial interests and liabilities of

(i) a corporation in which the member and the member's family together hold 10% or more of the shares,

(ii) a partnership in which the member and the member's family together hold a 10% or more interest, and

(iii) a partnership or corporation controlled by a partnership or corporation referred to in subparagraph (i) or (ii);

(c) a statement, to the best of the member's knowledge, information and belief, of each private interest of the member's family.

(3) The statement referred to in paragraph (2)(c) shall contain

(a) a full statement of the private interests of the member's family;

(b) the audited financial statement of the assets, financial interests and liabilities of

(i) a corporation in which the member's family holds 10% or more of the shares,

(ii) a partnership in which the member's family holds a 10% or more interest, and

(iii) a partnership or corporation controlled by a partnership or corporation referred to in subparagraph (i) or (ii).

(4) A material change to information required to be disclosed to the commissioner under this section, shall be reported to the commissioner in writing by the member not more than 60 days after the change occurs.

(5) A disclosure statement made under this section is privileged except to the extent necessary to insure compliance with this Part.

(6) After reviewing the disclosure statement received from a member the commissioner may require that the member meet with the commissioner to ensure that adequate disclosure has been made and to discuss the member's obligations under this Part.

Public disclosure statement

37. (1) The commissioner shall prepare a public disclosure statement for each member, which shall be submitted to the member for review.

(2) The public disclosure statement shall identify each private interest other than an excluded private interest of the member and the member's family disclosed to the commissioner by the member, but shall not show the amount or the value of a private interest.

(3) An interest may be qualified in the public disclosure statement by the words "nominal", "significant" or "controlling" where in the opinion of the commissioner it would be in the public interest to do so.

(4) The public disclosure statement of each member shall then be placed on file at the office of the commissioner, and made available for public inspection during normal business hours.

Commissioner to advise member

38. (1) Upon reviewing the disclosure statement received from the member, and after considering information received during a meeting with the member, the commissioner shall advise the member whether steps need be taken to ensure that the member's obligation under this Part are fulfilled.

(2) The commissioner may make a recommendation to a member that in order to fulfil the member's obligations under this Part, the member sell a private interest at arm's length, place the private interest in a trust on those terms and conditions that the commissioner may specify, with or without those other arrangements to be made that will ensure that the member's obligations under this Part are fulfilled.

(3) Where the commissioner is satisfied on the basis of the disclosure statement and subsequent steps taken by a member, whether in response to advice received from the commissioner or not, that the member has fulfilled the member's disclosure obligations, then if the member requests, the commissioner shall certify in writing to the member, and the member is entitled to rely on that certificate, for all purposes of this Part, according to its terms.

(4) Advice or a certificate given by the commissioner to a member under this section is privileged, except to the extent necessary to insure compliance with this Part, to the member, and may be made public only by the member or with the member's written consent.

(5) Notwithstanding subsection (4), a copy of any advice or certificate given under this section shall be given by the commissioner to the Premier, where the advice or certificate relates to a minister, or relates to that member's family.

Interest designated as excluded

39. Where it would not be contrary to the purposes of this Part, and would be consistent with the public interest, the commissioner may designate a private interest of the member or the member's family to be an excluded private interest, either absolutely or on stated conditions.

Commissioner's opinion and advice

40. (1) A member may, by application in writing, request that the commissioner give an opinion and make recommendations on a matter respecting the obligations of the member under this Part.

(2) The commissioner may make whatever inquiries that the commissioner considers appropriate and provide the member with a written opinion and recommendations.

(3) The opinion and recommendations of the commissioner are privileged, but may be released by the member or with the consent of the member in writing.

(4) Notwithstanding subsection (3), a copy of any advice or opinion given under this section shall be given by the commissioner to the Premier, where the advice or certificate relates to a minister, or relates to that member's family.

Commissioner to destroy documents

41. The commissioner shall retain all documents in the possession of the commissioner that relate to a member or the member's family for a period of 12 months after a member ceases to be a member, after which the commissioner shall destroy all documents in his or her possession that relate to the member or the member's family, unless there is an inquiry current under this part or a charge has been laid against the member or the member's family under the Criminal Code to which the documents relate or may relate.

Commissioner's opinion on referred question

42. (1) A member who has reasonable grounds to believe that another member is in contravention of this Part may, by application in writing setting out the grounds for the belief and the nature of the contravention alleged, request that the commissioner give an opinion respecting the compliance of the other member with the provisions of this Part.

(2) The commissioner, on his or her own initiative, may conduct an inquiry to determine whether a member has failed to fulfil an obligation under this Part when in the opinion of the commissioner it is in the public interest to do so.

(3) The House of Assembly may, by resolution, request that the commissioner give an opinion on a matter respecting the compliance of a member with the provisions of this Part.

(4) The Premier may request that the commissioner give an opinion on a matter respecting the compliance of a minister with the provisions of this Part.

(5) Where a matter has been referred to the commissioner under subsection (1) or (3), the House of Assembly or a committee of the House of Assembly shall not conduct an inquiry into the matter.

Inquiry

43. (1) Upon receiving a request under subsection 42(1), (3) or (4), or where the commissioner decides to conduct an inquiry under subsection 42(2), and on giving the member concerned reasonable notice, the commissioner may conduct an inquiry.

(2) Where the commissioner conducts an inquiry under subsection (1), the commissioner shall give the member to whom the inquiry relates a copy of the request and at all appropriate stages throughout the inquiry the commissioner shall give the member reasonable opportunity to be present and to make representations to the commissioner in writing or in person or by counsel or other representative.

(3) Where the commissioner decides to conduct an inquiry under subsection (1), the commissioner has all the powers of a commissioner under the Public Enquiries Act.

(4) Where the commissioner determines that the subject-matter of an inquiry conducted by him or her is under investigation by police or is the subject-matter of criminal proceedings, the commissioner shall hold the inquiry in abeyance pending final disposition of that investigation or those proceedings.

(5) Where during the course of an inquiry the commissioner determines that there are reasonable grounds to believe that an offence contrary to an Act of the province or the Parliament of Canada has been committed, the commissioner shall immediately refer the matter to the appropriate authorities and hold the inquiry in abeyance pending final disposition of a resulting investigation and proceedings.

Report

44. (1) Where the request for an opinion is made under subsection 42(1) or (3), or where the commissioner conducts an inquiry under subsection 42(2), the commissioner shall report his or her opinion to the Speaker of the Assembly who shall present the report to the House of Assembly within 15 sitting days of receiving it if it is in session or, if not, within 15 sitting days of the beginning of the next session.

(2) Where the request for an opinion is made under subsection 42(4), the commissioner shall report his or her opinion to the Premier.

(3) In all cases, the commissioner shall report the results of an inquiry to the member concerned.

(4) The commissioner shall report the results of an inquiry as soon as possible, and in any event no later than 90 days after beginning the inquiry.

Penalties

45. (1) Where the commissioner determines that a member has failed to fulfil an obligation under this Part, the commissioner may recommend in the report under section 44

(a) that the member be reprimanded;

(b) that the member make restitution or pay compensation;

(c) that the member be suspended from the House of Assembly, with or without pay, for a period specified in the report; or

(d) that the member's seat be declared vacant.

Concurrence of House of Assembly

46. (1) A recommendation in a report of the commissioner shall not take effect unless the report is sent to the Speaker under subsection 44(1) and concurred in by resolution of the House of Assembly.

(2) A report tabled in the House of Assembly under subsection 44(1) shall be taken up and disposed of within 15 sitting days after the day on which it was tabled or within a longer period, not to exceed 6 months, that the House of Assembly may determine.

Suit for compensation allowed

47. (1) Where a report to the House of Assembly under section 46 is adopted and the report recommends the payment of compensation or restitution the House may, in an Act passed for the purpose, order the payment of compensation or restitution.

(2) Compensation ordered to be paid under subsection (1) is a debt due to the person identified in the report as having suffered damage and may be recovered from the member to whom the report relates by that person in a court.

Examination of member

48. (1) Where, after considering a matter under section 43, the commissioner concludes that, having regard to all the circumstances, there was no failure without reasonable justification in the member's fulfilment of an obligation under this Part, then the commissioner shall, without providing further information, so certify to the member in writing and shall give a copy of the certificate

(a) to the Premier, where the inquiry was begun as a result of a request under subsection 42(4); or

(b) to the Speaker of the House of Assembly where the inquiry was conducted as a result of a request under subsection 42(1) or (3) or by the commissioner under subsection 42(2).

(2) Where the commissioner gives a copy of a certificate to a member under this section, the commissioner shall, on the request of the member, provide the member with the information and explanations in support of the conclusion referred to in subsection (1) that the commissioner considers appropriate in the circumstances, and the member may publish or otherwise deal with information and explanations so provided as the member sees fit.

Regulations

49. The commissioner may, with the approval of the Lieutenant-Governor in Council, make regulations

(a) prescribing a matter permitted by this Part to be prescribed by regulation;

(b) prescribing classes of interests to be excluded private interests within the meaning of subparagraph 20(a)(xii);

(d) generally to give effect to the purpose of this Part.

Information exempt from F.I Act

50. Information disclosed by a member or the member's family to the commissioner under this Part or a regulation made under this Part or in the course of the administration of this Part shall not be disclosed under the Freedom of Information Act or otherwise than in accordance with this Part.

Action doesn't lie

51. (1) No action lies against the commissioner in respect of any advice, certificate, opinion or report made by the commissioner within the authority given the commissioner under this Part.

(2) Neither the commissioner nor an officer or employee of the office of the commissioner is a competent or compellable witness in a proceeding in a court arising out of or in relation to any advice, certificate, opinion, or report made by the commissioner, except in relation to a question whether the commissioner acted within the authority given him or her under this Part.

Prerogative of Premier

52. This Part does not affect the prerogative of the Premier to provide advice respecting appointments to the Executive Council or whether a minister should remain a member.

Commencement

53. Members who are in office when this Part comes into force shall file the disclosure statement required by section 36 within 90 days of its coming into force.

PART III
LEGISLATIVE DISABILITIES

Writ of election

54. Where a vacancy occurs in the House of Assembly, the Lieutenant-Governor in Council shall, within 60 days after the seat becomes vacant direct the issue of a writ of election, to be held not later than 30 days after the issuing of the writ for the election and return of a member for the district in respect of which the vacancy has occurred.

PART IV
CONSEQUENTIAL AMENDMENTS AND COMMENCEMENT

RSN 1990 cC-30

55.. (1) Paragraph 2(1)(b) of the Conflict of Interest Act is amended by striking out the words "Financial Administration Act" and substituting the words "Auditor General Act".

(2) Subparagraph 2(1)(d)(ii) of the Act is repealed and the following substituted:

(ii) an employment, other than employment as a member or a public employee, for which remuneration is payable, and

(3) Paragraphs 2(1)(e) and (f) of the Act are repealed and the following substituted:

(e) "member" means member of an agency;

(f) "minister" means the President of the Treasury Board or another minister of the Crown appointed by the Lieutenant-Governor in Council to administer this Act; and

(4) Subparagraph 3(3)(a)(i) of the Act is repealed and the following substituted:

(i) before assuming his or her office for the 1st time,

(5) Subsection 3(8) of the Act is amended by striking out the words "who is not a member of the House of Assembly and who does not receive remuneration from an agency".

(6) Subsection 3(10) of the Act is repealed and the following substituted:

(10) The disclosure statement filed with the auditor general by public employees and members shall be open to inspection during government hours by persons authorized by the minister or the auditor general.

(7) Subsection 4(1) of the Act is amended

(a) by striking out the words "A member of the House of Assembly, or" and substituting the words "A member"; and

(b) by striking out in paragraph (b) the words "the House of Assembly, or".

(8) Section 6 of the Act is repealed.

(9) Subsection 9(2) of the Act is repealed.

(10) Subsection 9(4) of the Act is repealed.

(11) Paragraph 9(5)(b) of the Act is repealed.

Ministers' guidelines

56. The Conflict of Interest (Ministers) Guidelines, 1982 are repealed.

RSN1990 cL-12

57. The Legislative Disabilities Act is repealed.

Commencement

58. This Act comes into force on a day to be proclaimed by the Lieutenant-Governor in Council.