Members of the Legislative Assembly must be conscious of the possibility of a conflict of interest and act appropriately if one arises.

The Conflict of Interest (Members and Ministers) Act defines a conflict of interest as follows:

For the purpose of this Act, a Member is in a conflict of interest when the Member exercises an official power, duty or function that provides an opportunity to further their private interests or those of their family or to improperly further another person's private interests.

In other words, a conflict of interest exists if there is an opportunity for a Member to prefer a private interest over the public interest.

The Act specifies two things that a Member must not do if a conflict of interest exists:

• A Member must not make a decision or participate in making a decision related to the exercise of an official power, duty or function if the Member knows or reasonably should know that, in making the decision, the Member would be in a conflict of interest.
• A Member must not use their position to seek to influence a decision of another person so as to further the Member's private interests or those of their family or to improperly further another person's private interests.

However, the Act does not prohibit the activities that Members of the Assembly normally engage in on behalf of their constituents. It also provides that a “private interest” does not include an interest in a decision or matter:

• that is of general application;
• that affects a Member as one of a broad class of persons; or
• that concerns the remuneration, allowances or benefits of a Member or of an officer or employee of the Assembly; or
• an interest that is so remote or insignificant in its nature that it cannot reasonably be regarded as likely to influence the Member.

For example, a Member could vote on a matter relating to automobile insurance rates, even though they own a vehicle insured by Manitoba Public Insurance. Unless some other factors existed, this would be a matter of general application.

Insider Information

Some Members may have access to confidential information as a result of their work. A Member must not use or communicate information that is obtained in their position as a Member and that is not available to the public to further or seek to further the Member's private interests or those of their family or to improperly further or seek to further another person's private interests.