‘Major leap forward’ for MLA ethics rules

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This article was published 24/11/2023 (892 days ago), so information in it may no longer be current.

Manitobans who want to know what elected provincial politicians own — and owe — will soon be able to find that information via the internet.

Conflict of interest legislation enacted the day after the Oct. 3 election requires members of the Legislative Assembly of Manitoba to disclose liabilities, as well as interests and assets, and to have those disclosures posted online.

Previously, members of the public who wanted to see MLA disclosure statements would have had to go in person to the Office of the Clerk of the Legislative Assembly and ask to see the paper documents — which were not available electronically and not allowed to be photocopied.

“I think the online disclosure is a major leap forward,” said Manitoba ethics commissioner Jeffrey Schnoor, who had long called for the modernization of the legislation.

In a 2018 report, Schnoor called Manitoba’s rules the “oldest and arguably the weakest conflict of interest legislation in Canada.” He recommended how to update it, including a call for the disclosure of liabilities in addition to assets and the disclosures be posted online for public view.

In 2021, the governing Tories passed Bill 21 but delayed its enactment until after the next scheduled election. (The NDP formed a majority government after its Oct. 3 win; the Tories were reduced to official Opposition.)

The new rules require greater disclosure, including all assets, liabilities and sources of income that exceed $5,000, Schnoor said.

“MLAs who have private corporations must disclose quite a bit of information about them, including what the corporations do, what their sources of income are, who else has an interest in the corporation and what real property it owns,” he said. “None of this was disclosed before.”

Enforcement of the rules has also changed.

Under former rules, the only way to hold an MLA accountable was for a voter to take a complaint to court.

If a judge decided conflict rules had been broken, an MLA could have faced suspension for up to 90 days, a fine of up to $5,000, removal from office and be forced to pay restitution to the government or Crown agency for any financial gain that resulted from the violation.

In 2022, after PC premier Heather Stefanson failed to disclose the disposal of $31 million in properties in apparent violation of conflict rules, then-Liberal leader Dougald Lamont took the matter to court.

He paid a $300 court fee and filed an affidavit with the Court of King’s Bench asking a judge to authorize a hearing, which was granted. Lamont sought a 90-day suspension and a $5,000 fine for Stefanson.

In March, a judge ruled the law didn’t allow her to impose a penalty “where a breach of the act was inadvertent.”

Under the new law, the ethics commissioner has extensive power to receive and investigate complaints from MLAs.

The commissioner may recommend sanctions if they are of the opinion the MLA has contravened the law. Those range from a reprimand, a fine of up to $50,000, suspension of a member’s right to sit and vote in the assembly for a specified period or until a condition imposed by the commissioner is fulfilled, to declaring the member’s seat vacant.

The legislative assembly can only impose sanctions recommended by the commissioner. An MLA who makes a complaint without reasonable grounds may be subject to sanctions imposed by the legislative assembly.

Schnoor said the definition of conflict of interest has also been broadened, so “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.”

The new rules relate to gifts and private air travel, gifts registered lobbyists are allowed to give, and new rules that apply to MLAs after they leave elected office.

There are restrictions on what outside activities cabinet ministers and the leader of the Opposition can engage in.

A minister is prohibited from being otherwise employed, operating a business or serving as a director, if doing so conflicts with the minister’s official duties. The ethics commissioner is allowed to approve an exception after determining an MLA can engage in an activity in a way that won’t create a conflict of interest.

Manitoba’s 57 MLAs, who were all sworn in as of Oct. 23, must complete the disclosure process within 90 days of assuming office.

That process is ongoing, said the ethics commissioner, whose title as conflict of interest commissioner changed with the new act.

“I’ve met with most MLAs but I have a few more to meet,” Schnoor said Wednesday. “Disclosure statements continue to come in for review.

“The new rules are entirely different and I want to be sure that all MLAs have a chance to get their disclosure right.”

Schnoor said he expects to post all of the disclosure statements at the same time in January at www.ethicsmanitoba.ca.

carol.sanders@freepress.mb.ca