Certain restrictions apply to Members of the Legislative Assembly or Cabinet Ministers after they cease holding that role.

Restrictions on former Members

A former Member must never use or communicate information that was obtained in their position as a Member and that is not available to the public to further or seek to further their private interests or those of their family or to improperly further or seek to further another person's private interests.

When a Member ceases to be a Member, either because they did not run for reelection, they were defeated in an election or they resigned, they become entitled to a transition allowance under The Legislative Assembly Act. Former Members who accept a contract with or become employed by the provincial government or a government agency are not allowed to receive both payment for that employment and their transition allowance at the same time. Specific rules may require the repayment of the transition allowance.

Restrictions on former Cabinet Ministers

A former Cabinet Minister must never act for or on behalf of any person or organization in connection with any specific action or proceeding or transaction or negotiation to which the government is a party and with respect to which the former Minister had acted for, or provided advice to, the government.

A former Cabinet Minister must not, during the 12 months after they ceased to hold office as a Minister,

• accept a contract or benefit that is awarded, approved or granted by the Cabinet, a Minister or an employee of a department or government agency (other than for contracts or benefits in respect of further duties in the service of the government or a government agency);
• make representations on their own behalf or on another person's behalf with respect to such a contract or benefit;
• accept a contract or benefit from any person to make representation to a government decision maker with respect to a contract or benefit that is to be awarded, approved or granted by the government or a government agency; or
• for remuneration or other benefit, arrange or attempt to arrange a meeting between a public official, as defined in The Lobbyists Registration Act, and another person.

This does not apply if the conditions on which the contract or benefit is awarded, approved or granted are the same for all persons similarly entitled.

If a Cabinet Minister, after leaving office, accepts employment with a person or organization with which they had direct and significant official dealings during the year before leaving office, the Minister, during the 12 months after the date they ceased to hold office as a Minister, must not, directly or indirectly, attempt to influence or assist or in any way participate in

• deliberations of the employer with respect to a matter in which the employer has a pecuniary interest and in which the government or a government agency is involved;
• negotiations or consultations between the employer and the government or a government agency; or
• the performance of obligations of the employer under a contract between the employer and the government or a government agency.

Restrictions on dealing with former Members

The Cabinet or a current Cabinet Minister must not knowingly award or approve a contract with, or grant a benefit to,

• a former Minister until 12 months after the date they ceased to hold office as a Minister;
• a former Member who has, during the 12 months after the date they ceased to hold office as a Minister, made representations to the government in respect of the contract or benefit; or
• a person on whose behalf a former Member has, during the 12 months after the date they ceased to hold office as a Minister, made representations to the government in respect of the contract or benefit.

This does not apply if the conditions on which the contract or benefit is awarded, approved or granted are the same for all persons similarly entitled or to contracts or benefits in respect of further duties in the service of the government or a government agency.

Waiver or reduction of transition period

A former Minister may apply to the Ethics Commissioner for a waiver or reduction of the 12-month transition period, and the Commissioner may waive or reduce the period if, in the opinion of the Commissioner,

• the award, approval, grant or benefit sought results from an impartially administered process open to a significant class of persons; or
• the activity, contract or benefit sought will not create a conflict between a private interest of the former Minister and the public interest.

The Commissioner may waive or reduce a period of a former Minister on any conditions that the Commissioner considers appropriate, and the former Minister must comply with any condition imposed by the Commissioner.

Contravention by former Members

A former Member who contravenes any of these provisions is guilty of an offence and can be fined up to $50,000. There is a two-year limitation period on bring a prosecution.

In a prosecution, the judge must give due regard to whether the former Member

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