CONFLICT OF INTEREST ACT

Act

CONFLICT OF INTEREST ACT(PDF 219KB)

Regulations

Conflict of Interest Act Affidavits Regulation (posted Dec. 8, 2009)

Summary:

Note: The summary below is not a legal document. It should not be relied upon for accuracy and does not in any way replace, supercede, or supplement the Law.

Under this Act, the Chief, a member of the Legislature including a member of Executive Council, an employee or a director of a corporation or other body must not do anything that involves them in a conflict of interest.  In other words they must not use their powers to benefit themselves or their family members.   The penalties for doing so are very severe, and could include dismissal.

When a person has a conflict of interest, it means that they get a special benefit themselves while working for the Tsawwassen First Nation.  This happens if they receive a gift, a payment or some favour in return for doing something for someone or for making a decision that helps someone.  If this happens they might be charged under the criminal code if the matter is serious enough.  They will be punished severely under this Act, regardless of whether they are charged under the criminal code.

Under this Act, those holding elected office and directors do not automatically get into trouble if a decision of Tsawwassen Government might benefit them.  If, when a decision comes up, the person makes public the fact that they could have a conflict and abstains from participating in the decision, they will not be in conflict.  Certain kinds of gifts, such as those from friends and those of an official, social and ceremonial nature are also not necessarily a problem.  Not only are such gifts permitted but it is also possible to receive gifts provided they are reported to the Chief Administrative Officer, who may decide that the gift belongs to Tsawwassen First Nation.  But in general a gift or any kind of special consideration is not permitted.

There are also requirements to report on certain interests held that might contribute to the problem.  All elected officials will have to reveal any businesses in which they have an interest in a form that must be sworn as an affidavit.  Directors will have to do likewise.

Elected persons and directors who break the rules may be fined or removed from office.  The decision will be made by the Judicial Council depending upon the severity of the problem.

Employees and consultants will also be subject to conflict of interest rules.  Employees who break the rules will be subject to discipline by the Chief Administrative Officer.  The details will be set out in regulations and policies.

This Act will place more restrictions on people working for Tsawwassen First Nation then was previously the case.  This is so that Members can be sure that the highest standards of honesty and ethics prevail.