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About
the Integrity Commissioner
About the Integrity Act
Integrity Act Info
Introduction of
Bill 7, Integrity Act
Reports and Reviews
Disclosure
Forms
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About the Integrity Act
This information was prepared by the Legislative Assembly
and distributed to the public for background information purposes prior to the
introduction of Bill 7, Integrity Act.
Backgrounder - Nunavut's new Integrity Act
· On April 1, 1999, Nunavut inherited, for the most part, all of the existing
legislation that was then in force in the NWT. This included Part III of the
Legislative Assembly and Executive Council Act, which lays out the regime
governing conflict of interest as it applies to Members of the Legislative
Assembly.
· In 1998, the NWT experienced a lengthy and costly conflict of interest
inquiry. As a result, a Conflict of Interest Review Panel was appointed by the
NWT Legislative Assembly to review the law. Its report contained 38
recommendations for changes and it was tabled in the NWT Legislative Assembly in
May 1999. In the summer of 1999, the NWT Legislative Assembly amended the
legislation in accordance with most, but not all, of the recommendations in the
Panel's report.
· In May 2000, all Members of Legislative Assembly of Nunavut adopted a formal
code of Member's Obligations. One section of the code states: "I will not
condone actions that are dishonest or which exploit positions of privilege for
personal gain."
· In the spring of 2000, the Management and Services Board of the Legislative
Assembly of Nunavut requested a comprehensive review of the current conflict of
interest legislation for Members. Nunavut's Conflict of Interest Commissioner,
the Hon. Robert Stanbury, PC, QC, undertook this review and the results are in
his report entitled, "For a Culture of Integrity."
· Members reviewed a draft of the Conflict of Interest Commissioner's report in
November 2000 and directed that the Department of Justice draft a Bill in
accordance with the recommendations for legislative change contained in his
report.
· The Bill will create a separate statute asserting Nunavut values and a
positive commitment to integrity and openness that provides for a system of
advice and simple, flexible and economical resolution of issues. The key changes
in the Bill from the current legislation are the following:
· The Bill will create a stand-alone piece of legislation called the Integrity
Act.
· The new Act will have a new statement of purpose and a statement of principles
[sections 1 and 2 of the Bill]. It will also contain a restatement of the
obligations and commitment of Members in the current legislation [section 4 of
the Bill].
· The definitions for "child", "family" and "spouse" have been broadened, in
keeping with both the traditional approach to family, as well as contemporary
recognition of different types of personal relationships [section 3 of the
Bill].
· The definition of conduct considered to be in conflict is broadened to include
any action where a Member knows or reasonably should know that there is an
opportunity to improperly further anyone's private interest [section 8 of the
Bill].
· The new Act will require Members to submit public disclosure statements only.
The disclosure statement must list the source and nature, but not the value, of
personal assets, liabilities and income of the Member; each person who belongs
to his or her family and any private company in which any of them have an
interest. The current legislation requires both a private disclosure statement
with values and a public statement [section 5 of the Bill].
· As in the current Act, the disclosure statement must be filed within 60 days
of being elected and thereafter annually. Members must also file a new statement
within 30 days of any changes in their circumstances [section 6 of the Bill].
There will be no grace period for late filing of disclosure statements, as in
the current legislation. However, an extension of time may be requested by a
Member before or after expiry [section 56 of the Bill].
· The new Act requires Members to meet annually with the Integrity Commissioner
[section 34 of the Bill].
· As in the current legislation, there is a list of private interests excluded
from consideration under the Act. The source of income excluded from a
consideration of private interests is increased from the $1,000 in the current
legislation to $5,000 [section 5(3) of the Bill].
· A Member or his or her family shall not accept any remuneration, gift or
personal benefit connected to the performance of the Member's duties of office.
Recognizing the reality of travel to funerals and events in communities in
Nunavut, transportation, accommodation, hospitality or the reimbursement of
reasonable expenses for these purposes that is unlikely to affect the Member's
performance of his or her duties of office is permitted. The Integrity
Commissioner may also authorize gifts or benefit to Members if there is no
likelihood of conflict. There will no longer be automatic forfeiture of gifts as
in the current legislation, but there will be a requirement for public
disclosure of gifts and benefits that exceed $400 in value [section 13 of the
Bill].
· Contracts with the government, even through a company, will be permitted only
if authorized by the Integrity Commissioner or if the Member's interests are
held in a trust approved by the Integrity Commissioner [section 14 of the Bill].
· There is a requirement that Members make a declaration of any potential
conflict of interest in any matter arising before the Legislative Assembly, the
Management and Services Board, the Executive Council or a committee of any of
these bodies. When the Member is present, the Member must also withdraw from
further participation or making any decision on the matter. Where a Member makes
a declaration of conflict of interest during a meeting, this must be recorded
and, except for Cabinet meetings, this must be provided to the Integrity
Commissioner [section 15 of the Bill].
· A Minister may not have a business or professional activity, nor hold or trade
in securities or commodities, unless authorized by the Integrity Commissioner or
if the interest is held in a trust approved by the Integrity Commissioner
[section 16,17,18 and 19 of the Bill].
· There is no requirement that a Minister ensure that his or her family does not
contract with his own department as in the current legislation.
· A former Minister's activities may be authorized by the Integrity Commissioner
and the period of restriction from dealing with the government is reduced to six
months [section 21, 22 and 23 of the Bill].
· There are new provisions for the appointment of an acting Integrity
Commissioner or a Special Integrity Commissioner if required. [Section 25 and
26].
· The Integrity Commissioner's report contents are no longer specified, as in
the current legislation. There is a requirement for an annual report and a
requirement to respect confidentiality [section 57].
· The Integrity Commissioner may consult with Elders about the traditional
values and customs of Nunavut and, where the Member consents, the Integrity
Commissioner may discuss confidential matters with Elders [section 29].
· Members may request written advice from the Integrity Commissioner. Advice to
Members by the Integrity Commissioner may be released only in full, not in part,
by the Member or with the Member's consent [section 53].
· An MLA, a member of the public, the Legislative Assembly or the Integrity
Commissioner may initiate a Request for Review [called "complaints" under the
current legislation]. The Premier may also initiate a Request for Review as to
whether a Minister has contravened any additional written requirements
established by the Premier. A Request for Review must state grounds and be
supported by affidavit [section 36,37 and 38 of the Bill].
· A review may be in private or public at the Integrity Commissioner's
discretion. The Integrity Commissioner will have the powers under the Public
Inquiries Act [section 40 and 41].
· Persons who, in good faith, provide information to or testify before the
Integrity Commissioner are protected from loss or damage and no employer shall
take or threaten any action with respect to their employment. Employers who do
so may be subject to a fine [section 30 and 31 of the Bill].
· The Integrity Commissioner's report on his review is to be made public through
tabling in the Legislative Assembly as soon as possible and within 10 sitting
days of the next sitting after it has been received by the Assembly. The report
must be considered 10 sitting days of being tabled and a decision must be made
by the Legislative Assembly before the end of the session in which the report is
laid before it. If the Request for Review was initiated by the Premier regarding
executive requirements, the report shall only go to the Premier [section 44,45
and 48 of the Bill].
· There is a list of possible sanctions, including apology, restitution,
compensation, and any other measure which the Integrity Commissioner recommends.
It also provides that a Member's right to sit and vote in the Legislative
Assembly may be suspended for a specific period or until a specified condition
is fulfilled or that the Member's seat be declared vacant [section 46 of the
Bill].
· If a contravention is found, there shall be no sanction if the Member took all
reasonable measures to prevent the contravention; the contravention was trivial,
committed through inadvertence or an error of judgment made in good faith; or
the Member was acting in accordance with the Integrity Commissioner's advice,
having disclosed all material facts known to the Member [section 47 of the
Bill].
· Penalties and costs ordered to be paid by a Member may be deducted from their
pay and recoverable in court. Costs ordered against anyone else may be recovered
in court [section 50 of the Bill].
· Decisions of the Integrity Commissioner are not subject to appeal to, or
review by, any court [section 32 of the Bill].
· As in the current legislation, the Legislative Assembly has the final say on
any sanction and with respect to an order for costs. The Integrity Commissioner
makes the recommendation for sanctions and the Legislative Assembly may only
accept or reject the Integrity Commissioner's recommendation, but may not alter
it. Its decision is final and conclusive [Section 48 and 49].
· A review of the Act must take place every five years. Within one year of
commencing a review, the Legislative Assembly must consider any amendments
proposed as a consequence of the review [Section 58].
· Complaints filed before the new Act comes into force will be dealt with under
the current legislation [section 59(9) of the Bill].
· A number of values based on Inuit Qaujimajatuqangit have been incorporated
into the principles of the Bill, including:
· Processes that are informal, flexible and timely, with a view to quickly
restoring harmony;
· Respect for individuality, independence and non-interference, in the context
of community responsibility;
· Advice by a trusted and respected person as problems arise;
· Encouraging confidentiality and internal process to resolve problems, but
recognizing that the community is responsible to monitor behaviour and encourage
accountability;
· Dealing with problems in a progressive manner, recognizing differences between
less significant problems and ones that would have a lasting effect on the
community;
· Encouraging individuals to take responsibility for their actions and be
personally accountable for any wrongdoing, while ensuring that respectful
treatment, advice, counselling, discipline and remedial action are all part of
the system;
· Ensuring consensus as to ultimate decisions on sanctions and that these
decisions are made by the whole community.
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