Thursday, January 14, 2016

Manitoba Law Reform Commission Report on Modernizing The Municipal Council Conflict of Interest Act

The Manitoba Law Reform Commission has released a report on Modernizing The Municipal Council Conflict of Interest Act: Accountability, Enforcement & Oversight
"This report will provide an overview of the municipal conflict of interest legislative regime in Manitoba and other jurisdictions and will canvass case law and judicial inquiry reports as they relate to sanctions and enforcement of municipal conflict of interest, before making recommendations for the improvement of remedial provisions and enforcement of the MCCIA [Municipal Council Conflict of Interest Act]. Other issues, such as the enforcement of municipal codes of conduct and the provincial Conflict of Interest Commissioner will also be discussed."

"The Commission recommends that the remedial provisions of the Act be amended so that judges are provided with a range of available sanctions to impose when they are satisfied that there has been a breach of the conflict of interest provisions of the MCCIA, rather than only having recourse to the current all or nothing approach, in which the only penalty available is disqualification from office and a declaration that a councillor’s seat is vacant:"

"In addition to recommending changes to the remedial provisions of the MCCIA, the Commission also recommends the establishment of a municipal Conflict of Interest Commissioner, who would carry out an advisory, investigatory, and enforcement function. The Commissioner would provide binding advice to members of council, so that a councillor, if he or she provided all material facts to the Commissioner and followed the Commissioner’s recommendations, would be rendered immune from subsequent proceedings under the Act. The Commissioner would also be empowered to receive complaints from members of the public and be authorized to conduct investigations."

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posted by Michel-Adrien at 6:17 pm


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