The Conflict of Interest (Members and Ministers) Act contains rules about which gifts and personal benefits Members can accept and which gifts and personal benefits must be reported to the Ethics Commissioner. These rules apply to the Member and to their family. Family of a Member includes the following:

• their spouse or common-law partner;
• their minor children;
• any other adult who is related to the Member or their spouse or common-law partner, shares a residence with the Member and is primarily dependent on the Member, spouse or common-law partner for financial support.

Gifts that are reported to the Ethics Commissioner are posted on this website under Public Disclosure and are available for the public to view (if the Member consents).

There are also special rules for private air travel.

Members should consult with the Ethics Commissioner if they are uncertain of their obligations.

The following explains the special and the general rules that apply to gifts and personal benefits.

Special Rules

The Act has special rules for certain types of gifts and personal benefits:

1. Personal Gifts: Gifts or personal benefits that are not connected directly or indirectly with the performance of a Member’s official powers, duties or functions. These are gifts that are received in a personal capacity and that have nothing to do with the Member’s role.

Example: A Member gets married. The Member receives a wedding gift from a close friend. In the absence of other circumstances, the Act does not apply to this gift. The Member can accept it and does not have to report it.

Example: A Member gets married. The Member receives a wedding gift from a close friend. The friend does a lot of business with the provincial government and is promoting a change in the law that would benefit the friend’s business. In this case, the Member must consider whether the gift is truly given in a personal capacity or is connected to the Member’s duties. Factors to consider include the nature and value of the gift, the nature of the relationship, the circumstances in which the gift is given and the role of the Member within government. For example, is the value of the gift similar to the value of gifts from others with a similar relationship? Is the Member in a position to affect the change in the law that the friend is seeking? The Member should contact the Ethics Commissioner for advice.

2. Complimentary admission: Complimentary admission provided directly by the host or organizer of an event held by a charitable or not-for-profit organization, where the event is open to members of the public who pay the applicable admission.

Example: A local charity holds a concert featuring a famous performer. Tickets are sold to the public in order to raise funds for the charity. The charity gives a free ticket to a Member. The Act does not apply to this gift and so the Member is free to accept it and does not need to report it.

Example: A local charity holds a concert featuring a famous performer. Tickets are sold to the public in order to raise funds for the charity. A local business buys a ticket to the concert and gives it to a Member. This gift is not excluded and the rules for included gifts (below) apply.

Example: A promoter is bringing in a famous performer for a concert. Tickets are being sold to the public and it is a for-profit event. The promoter offers free admission to a Member. Because the concert is not being held by a charitable or not-for-profit organization, the gift is not excluded and the rules for included gifts (below) apply.

3. Gifts to all Members: A gift or personal benefit that is given or made available to all Members at the same time and on the same terms.

Example: A promoter is bringing in a famous performer for a concert. Tickets are being sold to the public and it is a for-profit event. The promoter offers free admission to all Members. Because the gift is made available to all Members, the Act does not apply to this gift and so the Member is free to accept it and does not need to report it.

Example: A corporation holds an annual holiday event with food, wine and entertainment. It sends an invitation to all Members of the Legislative Assembly. The Act does not apply to this gift and so Members are free to accept it and do not need to report it.

Example: A corporation invites the Members of one party to a dinner. Since the invitation is not to all Members, the gift is not excluded and the rules for included gifts (below) apply.

Example: A corporation makes an expensive product. It gives one of those products to every Member of the Legislative Assembly. Since the gift was given to all Members, the Act does not apply to this gift and so Members are free to accept it and do not need to report it.

Example: A corporation makes an expensive product. It gives one of those products to every Member of one of the parties in the Legislative Assembly, but not to the Members of the other parties. The gift is not excluded and the rules for included gifts (below) apply.

In all of these examples, it is important that the Member know that the gift or personal benefit was made available to all Members. If this is unknown or cannot be determined, the Member should assume that this exception does not apply.

4. Tickets obtained from government: A Member must not use a ticket to a sporting or cultural event that came into the possession of the government or a government agency, directly or indirectly, as a result of the government or agency sponsoring or promoting an event or activity. However, a Member may use such a ticket if the Member, in their official capacity, participates in the formal agenda of the event.

Example: A government agency provides funding support to a local sporting event. The group putting on the event puts up signs acknowledging the support and gives the government agency tickets to the event. A Member may not accept or use any of those tickets.

Example: A government agency provides funding support to a local sporting event. The group putting on the event puts up signs acknowledging the support and gives the government agency tickets to the event. It asks a Member to give greetings at the event on behalf of the government agency. In this case, the Member may use one of those tickets.

General Rules

If the gift or personal benefit is not in one of the categories of excluded gifts, then the following rules apply. They are based on the value of the gift. If the Member (or family) receives more than one gift from the same source in the same year, then the total value of those gifts is used to determine the category.

1. Gifts with a value less than $250: Members may accept these gifts and do not need to report them.

2. Gifts with a value of $250 to $1,000: Members may accept these gifts but must report them to the Ethics Commissioner within 60 days after acceptance. This includes multiple gifts from the same source in the same year that, in total, have a value of $250 to $1,000.

3. Gifts with a value over $1,000: Members may not accept these gifts. This includes multiple gifts from the same source in the same year that, in total, have a value over $1,000.

However, one exception applies. Members may accept gifts with a value over $1,000 if received as an incident of the protocol, customs or social obligations that normally accompany the performance of a Member's official powers, duties or functions. This exception will apply rarely, and Members should consult with the Ethics Commissioner. Generally, this exception applies to gifts that have special cultural, historic or other meaning to the person, organization or community giving it and that are commonly given to honour or thank someone. The overall context in which the gift is given must also be considered.

Example: A Member attends a community fair and, as part of the fair’s opening ceremonies, gives a speech welcoming the public and praising the non-profit group that puts it on each year. As a thank you, the group gives the Member an expensive item (worth more than $1,000).

In the absence of other circumstances, this would not fall within the exception and the Member cannot accept the gift. The gift has no particular significance beyond its monetary value, is excessive for what the Member did and is not in keeping with the type of gifts normally given at such events.

Example: A Member visits a community and is given an expensive item (worth more than $1,000) that is associated with the community’s culture and history. The gift is given by the community to individuals whom it holds in the highest esteem. The Member may accept the gift but must report it to the Ethics Commissioner within 60 days after acceptance.

Example: A Member visits a community where a manufacturing facility is located. The facility is crucial to the community’s economy, and it makes an expensive item (worth more than $1,000). Whenever a dignitary visits the community, the local government gives that person one of those items.

The Member probably can accept the gift and must report it. However, consideration must be given to whether the gift is truly given as an incident of protocol, customs or social obligations or is fundamentally given for commercial reasons, in which case the Member cannot accept the gift.

Example: A Member visits a manufacturing facility that is crucial to a community’s economy. The facility makes an expensive item (worth more than $1,000) and, at the end of the tour of the facility, its owner gives the Member one of those expensive items as a gift.

The gift has probably been given for commercial or promotional reasons, rather than as an incident of protocol, customs or social obligations. In that case, the Member cannot accept the gift.

Example: A Member travels to another country as part of a trade mission sponsored by the provincial government. A senior official of the other country’s government gives the Member an expensive item (worth more than $1,000) as an expression of friendship between that country and Manitoba. The Member can accept the gift and must report it.

The following chart summarizes these rules.

Type of gift	Can Member or family accept?	Must Member disclose?
Value under $250	Yes	No
Value of $250 to $1,000 (including multiple gifts from the same source in the same year totaling a value within this range)	Yes	Yes
Value over $1,000 (including multiple gifts from the same source in the same year totaling a value over $1,000) received as an incident of the protocol, customs and social obligations that normally accompany the performance of the Member’s role	Yes	Yes
Value over $1,000 (including multiple gifts from the same source in the same year totaling a value over $1,000) not received as an incident of the protocol, customs and social obligations that normally accompany the performance of the Member’s role	No	N/A