Request for investigation for public and members of the legislative assembly
What to do if you want the Commissioner to investigate an alleged breach of the Members’ Conflict of Interest Act?
Paragraph coming re: investigation
Section 36 of the Members’ Conflict of Interest Act provides that any person who believes that a member has breached the Act can request that the Commissioner conduct an investigation.
Process-Request for investigation
To make a request, the person must:
- The request shall be made to the Commissioner in the form of an affidavit and shall set out the grounds for the belief of and the nature of the alleged breach.
The Commissioner will proceed as follows when a request for investigation is received:
Investigation and inquiry
Review the materials received to confirm the subject matter of the investigation is within the Commissioner’s jurisdiction.
Notify the member who is the subject of the investigation and shall give the member or former member an opportunity to respond to the allegation.
The member or former member shall respond promptly and completely to all of the Commissioner’s questions and requests for information.
Conduct any other inquiries necessary to enable the Commissioner to issue a report on or dispose of the matter in accordance with section 37.
At any time, the Commissioner may elect to carry out an inquiry in accordance with section 37(3) of the Act, which allows the Commissioner to exercise powers under section 4 of the Inquiries Act.
36(1) Any person may request in writing that the Commissioner investigate an alleged breach of this Act by a member.
36(2) A request under subsection (1) shall be in the form of an affidavit and shall set out the grounds for the belief and the nature of the alleged breach.
36(3) The Assembly may, by resolution, request that the Commissioner investigate any matter respecting an alleged breach of this Act by a member.
36(4) Where a matter has been referred to the Commissioner under this section, neither the Assembly nor a committee of it shall inquire into the matter.
37(1)On receiving a request under section 36, the Commissioner may conduct an investigation with or without conducting an inquiry.
37(2)The Commissioner shall provide the member or former member who is the subject of the investigation with reasonable notice and shall give the member or former member an opportunity to respond to the allegation.
37(2.1)When the Commissioner conducts an investigation or an inquiry under this section, the member or former member who is the subject of the request under section 36 shall respond promptly and completely to all of the Commissioner’s questions and requests for information.
37(3)Where the Commissioner elects to conduct an inquiry under this section, the Commissioner has all the powers, privileges and immunities conferred on a commissioner under the Inquiries Act.
37(4)If the Commissioner is of the opinion that the request is frivolous, vexatious or not made in good faith, or that there are no grounds or insufficient grounds for an investigation, the Commissioner may refuse to conduct an investigation, or may cease the investigation.
37(5)If the Commissioner refuses to conduct an investigation or ceases an investigation, the Commissioner shall inform
(a) the member against whom the allegation was made, and
(b) the person who made the request or, if the request was made by the Assembly, the Speaker.
37(5.1)The Commissioner shall suspend an investigation in the following circumstances:
(a) the member who is the subject of the investigation resigns his or her seat;
(b) the member who is the subject of the investigation is a member of the Executive Council who is not elected to the Assembly and ceases to hold office; or
(c) a writ is issued under the Elections Act for an election.
37(5.2)The Commissioner shall continue an investigation that has been suspended under subsection (5.1) if, within 30 days after the date the member resigns or ceases to hold office or the writ is issued,
(a) the former member submits, in writing, a request to the Commissioner that the investigation be continued; or
(b) the person who requested the investigation or, if the Assembly requested the investigation, the Speaker submits, in writing, a request to the Commissioner that the investigation be continued.
37(5.3)An investigation that is suspended because of the issuance of a writ shall not be continued under subsection (5.2) until after polling day in the election.
37(5.4)If an investigation is suspended under subsection (5.1) and is not continued under subsection (5.2), the Commissioner shall cease the investigation and shall inform the former member who is the subject of the investigation and the person who requested the investigation or, if the Assembly requested the investigation, the Speaker, that the investigation will not proceed.
Summons, examination and oath of witnesses
4(1)Any one commissioner may by summons, in the prescribed form, require the attendance before the commissioners of any person whose evidence may be material to the subject of the inquiry and may order any person to produce the books, papers and documents that appear necessary.
4(2)A person summoned under subsection (1) shall attend and answer all questions put to that person by a commissioner touching the matters being or to be inquired into and shall produce before the commissioners all books, papers and documents required of that person and in that person’s custody or control.
4(3)The testimony of the witnesses may be taken on oath or affirmation, which may be administered by any one commissioner.
Provincial and Territorial
British Columbia http://www.coibc.ca
Northwest Territories http://www.assembly.gov.nt.ca/about/statutory-officers
Prince Edward Island http://www.assembly.pe.ca/index.php3?number=1031388&lang=E