(1) A member and a public employee shall, at each of the times referred to in this section, file a disclosure statement in the form prescribed by the regulations and set out the information to be contained in it in accordance with this section in the manner and to the extent prescribed by the regulations.
(2) Where a member or public employee has nothing to disclose within the meaning of this Act, he or she shall nevertheless file a disclosure statement at each of the applicable times referred to in this section, stating in it that he or she has nothing to disclose within the meaning of this Act.
(3) The times for filing disclosure statements under subsection (1) or (2) are:
(a) for a member,
(i) before assuming his or her seat for the 1st time,
(ii) within 60 days of the acquisition, to his or her knowledge, of an interest not appearing in the last previously filed disclosure statement, and
(iii) on or before January 15 in each calendar year after the date he or she assumed his or her seat for the 1st time or the date his or her initial disclosure statement is required to be filed under subsection (6) and while remaining a member; and
(b) for a public employee,
(i) within 60 days of 1st employment as a public employee,
(ii) within 60 days of the acquisition, to his or her knowledge, of an interest not appearing in the last previously filed disclosure statement, and
(iii) on or before January 15 in each calendar year after the date of the start of his or her first employment as a public employee or the date his or her initial disclosure statement is required to be filed under subsection (6) and while remaining a public employee.
(4) A disclosure statement by a member or public employee shall specify every interest required to be specified by subsection (11) and every other interest which, to his or her knowledge, the member or public employee, his or her spouse or minor children has or will acquire as a result of which there is a possibility of a conflict between that interest and his or her position as a member or public employee, including a financial interest that the member or public employee, his or her spouse or minor children has in a company, firm or body that has done, does or might do business with the government of the province or an agency.
(5) A disclosure statement shall be filed with the auditor general.
(6) Notwithstanding subsection (2), a person who becomes a member or public employee for the purposes of this Act by virtue of an order made under paragraph 2(1)(a) or (g) on the effective date of the order shall file his or her initial disclosure statement within 30 days of that date instead of at the time referred to in subparagraph 3(a)(i) or 3(b)(i).
(7) Unless the auditor general is satisfied that there is a reasonable excuse for late filing, and certifies so in writing, a failure to file a disclosure statement as required by this section makes the member or public employee who so fails ineligible for the remuneration to which he or she would normally be entitled for the period of failure, and he or she shall not be paid the remuneration, and, where he or she is paid an amount which he or she is ineligible to receive, that amount constitutes a debt to the source of payment and may be recovered in a court as a debt due to that source, and where that source is the province it shall be the duty of the Attorney General on behalf of the Crown to recover that amount.
(8) Unless the auditor general is satisfied that there is a reasonable excuse for late filing, and certifies so in writing, where a member who is not a member of the House of Assembly and who does not receive remuneration from an agency, fails to file a disclosure statement as required by this section, the Minister of Finance may suspend the member from the agency until the time that that member files a disclosure statement.
(9) In the event of a dispute as to the amount of the remuneration that shall not be paid a member or public employee under subsection (7), the auditor general shall determine that amount on a proportional time basis as nearly as possible, and his or her determination, which shall be in the form of a written statement directed to the source of payment of the remuneration, shall be final, and section 11 shall, with the necessary changes, apply to the written statement.
(10) The disclosure statements filed with the auditor general
(a) by members who are members of the House of Assembly shall be open to public inspection at the places and times that are prescribed by the regulations; and
(b) by public employees and members who are not members of the House of Assembly shall be open to inspection during government hours by members of the House of Assembly or persons authorized by a minister of the Crown or the auditor general.
(11) Notwithstanding subsection (4), the disclosure statement shall, whether or not a possibility of conflict within the meaning of subsection (4) exists in respect of it, specify
(a) all land in the province owned in whole or in part or directly or indirectly through a person, company, firm or body or otherwise by the member or public employee concerned, his or her spouse or minor children; and
(b) an interest of the member or public employee concerned, his or her spouse or minor children existing, either directly or indirectly through a person, company, firm or body or otherwise, in the common or preferred shares of a corporation,
to the knowledge of the person making the statement.
(12) A statement referred to in subsection (11) need not specify an interest in shares of a corporation, other than a land development corporation, listed on a stock exchange where the value of that interest according to the latest closing price or quotation is less than $5000.
(13) A statement referred to in subsection (11) need not specify a qualifying share held by a solicitor as a result of the incorporation,
(a) by himself or herself as the solicitor or by another member as a solicitor of the law firm of which he or she is a member; and
(b) for a client,
of the company in which the qualifying share is held.
(14) Notwithstanding subsection (4), where an interest, or part of an interest, specified in a disclosure statement made by a person is, to the knowledge of that person, disposed of, the disclosure statement next filed by him or her after he or she has acquired the knowledge shall disclose to whom, where he or she knows to whom, the interest, or part of an interest, has been disposed of.
(15) For the purposes of Schedule B, the auditor general may, by order, list positions in the service of the province or of an agency which, for the purposes of that schedule, are
(a) clerical;
(b) non-discretionary; or
(c) non-decision-making
positions in which the possibility of conflict within the meaning of this Act is, in his or her opinion, unlikely, and amend, add to or delete from the list.
(16) An order made under subsection (15) constitutes subordinate legislation for the purpose of the Statutes and Subordinate Legislation Act.
(17) Where there is a conflict between an order made under subsection (15) and an order referred to in paragraph 2(1)(d), the order made under paragraph 2(1)(d) shall prevail.