The Act sets out a process for reporting and investigating alleged breaches. Some breaches result in the Member’s suspension, some result in a notice to the Speaker and some result in an investigation by the Ethics Commissioner.

Breaches relating to disclosure of information

Failure to file initial disclosure statement

If a Member of the Legislative Assembly does not file their first Disclosure Statement within 90 days of assuming office (or by a later date permitted by the Commissioner), the Ethics Commissioner must advise the Speaker of the Legislative Assembly. At that point, the Member is suspended from the Assembly. The Member cannot participate in any activities of the Legislative Assembly and receives no salary or allowances. The suspension lasts until the Member files their Disclosure Statement.

Failure to make other disclosures

The Ethics Commissioner must advise the Speaker of the Legislative Assembly of any of the following breaches by a Member:

• failure to file their annual disclosure statement on time;
• failure to report a material change of assets, liabilities or sources of income on time;
• failure to provide additional information requested by the Ethics Commissioner;
• failure to meet with the Commissioner when the Commissioner requests that they do so.

The Ethics Commissioner must also advise the Speaker if a Minister fails to file their additional disclosure statement on time.

In each of these cases, the Speaker must table a copy of the report in the Assembly on any of the first five days on which the Assembly is sitting after the Speaker receives it. If the Assembly is not sitting when the Speaker receives a report, the Speaker must promptly distribute a copy of it to all other Members.

Other breaches (including alleged conflicts of interest)

Process

Any Member of the Legislative Assembly who has reasonable grounds to believe that another Member has contravened the Act may ask the Ethics Commissioner to give an opinion whether the other Member has breached the Act. Only a Member of the Legislative Assembly can make this request. The request must be made on a form provided by the Commissioner and must set out the grounds for the belief and the nature of the alleged contravention. The alleged contravention must not be more than two years old.

The Commissioner cannot accept allegations or requests for opinions from members of the public.

The Member making the request must table a copy of it in the Assembly within five sitting days. If the Assembly is not sitting when the request is made, the Member must give a copy of the request to the Speaker, who must promptly distribute it to all other Members.

Once the Commissioner has received the request, the Commissioner must notify the Member who is the subject of the request and may then begin an investigation. The Commissioner has broad powers, similar to those of a judge, to compel testimony and the production of documents. The investigation must be done as quickly as possible and can be done in private or in public.

If it appears to the Commissioner that the investigation report may adversely affect a Member, the Commissioner must inform the Member of the particulars and give the Member the opportunity to make representations — either orally or in writing, at the discretion of the Commissioner — before the Commissioner finalizes the report.

After conducting an inquiry, the Commissioner must give a written report to the Member whose conduct is the subject of the inquiry and to the Speaker. The Speaker must then table a copy of the report in the Assembly within five sitting days. If the Assembly is not sitting when the Speaker receives a report, the Speaker must promptly distribute a copy of it to all other Members.

If, after conducting an inquiry, the Commissioner is of the opinion that the Member has contravened the Act, the Commissioner may recommend that any of the following penalties be imposed:

• the Member be reprimanded;
• the Member be fined an amount not exceeding $50,000;
• the Member's right to sit and vote in the Assembly be suspended for a specified period or until the fulfilment of a condition imposed by the Commissioner;
• the Member's seat be declared vacant.

However, the Commissioner must recommend that no penalty be imposed if the Commissioner determines that there was a contravention of this Act but is of the opinion that

• the Member was acting in accordance with the Commissioner's recommendations; and
• the Member had, before receiving those recommendations, disclosed to the Commissioner all the relevant facts that were known to the Member.

The Commissioner may recommend that no penalty be imposed if the Commissioner is of the opinion that

• a contravention occurred even though the Member took all reasonable measures to prevent it; or
• a contravention occurred that was trivial or that was committed through inadvertence or an error of judgment made in good faith.

The Assembly must consider a report of the Commissioner within 10 sitting days after the report is tabled. The Assembly can either order the penalty recommended by the Commissioner be imposed or can reject the recommendation. The Assembly cannot impose a penalty other than the one recommended by the Commissioner and cannot inquire further into the matter or impose a penalty other than the one recommended by the Commissioner. The Assembly's decision is final and conclusive.

Complaints without reasonable cause

If the Commissioner is of the opinion that the Member making a request did not have reasonable grounds for doing so, the Commissioner must report that opinion to the Speaker. The Assembly may, by a vote of 2/3 of the Members voting in the Assembly, hold a Member who makes a request without reasonable grounds in contempt of the Assembly.

Restitution

If any person, whether or not the person is or was a Member, has realized financial gain in any transaction to which a contravention of this Act relates, any other person affected by the financial gain, including the government or a government agency, may apply to the Court of King’s Bench for an order of restitution against the person who has realized the financial gain.

Suspended inquiries (possible offence)

The Commissioner may suspend an inquiry if

• the Commissioner believes on reasonable grounds that the Member has committed an offence in respect of the same subject matter, in which case the Commissioner must notify the relevant authorities; or
• it is discovered that the subject matter of the inquiry is also the subject matter of an investigation to determine whether an offence has been committed or that a charge has been laid in respect of that subject matter.

Suspended inquiries (resignations and elections)

The Commissioner may suspend an inquiry if

• the Member whose conduct is the subject of the inquiry resigns their seat in the Assembly; or
• a general election is called under The Elections Act.

The Commissioner must continue a suspended inquiry if, within 30 days after the date of the resignation or of the election day, the Member who originally made the request to the Commissioner, or the Member whose conduct is the subject of the inquiry, makes a written request to the Commissioner that the inquiry be continued.

If an inquiry is not continued, the Commissioner must give notice of the termination to the Speaker, the Member or former Member whose conduct is the subject of the inquiry and the Member who originally made the request to the Commissioner.

The Speaker must table a copy of the report in the Assembly within five sitting days. If the Assembly is not sitting when the Speaker receives a report, the Speaker must promptly distribute a copy of it to all other Members.