Conflict of Interest
The obvious purpose of the MunicipalConflict of Interest Act (MCIA) is to prohibit members of Councils and Local Boards
from engaging in the decision-making process in respect to matters in which
they have a personal economic interest. There
is no need to find corruption on the part of the member or actual loss on the
part of Council or Board. So long as the member fails to honour the standard of
conduct prescribed by the statute, then regardless of his/her good faith or the
propriety of his/her motive, he/she is in contravention of the statute.
The legislative goal of the
MCIA is to protect the public interest by prohibiting any member from having
any “involvement” in any matter being considered by council or local board if
the member has a pecuniary (financial) interest in the matter. This “interest” can be direct or indirect.
In order to take their seat at Council,
a member must solemnly promise and declare four oaths including:
“I will disclose any pecuniary interest, direct or
indirect, in accordance with the Municipal
Conflict of Interest Act”.
A direct pecuniary interest is one that expressly or
unequivocally has an impact on the individual member’s finances, economic
prospects or property value.
Where a member has a pecuniary interest in
any matter and is present at a meeting of the Council at which the matter is
the subject of consideration, the member shall:
·
disclose
the interest and the
general nature prior to any consideration of the matter;
·
not
take part in any
discussion or vote; and,
·
not
attempt to influence the
voting in any way.
Complaints about a potential breach on the
Act by any member can be forwarded to the Integrity Commissioner.
Municipalities are
required by law to keep and post a public registry of Declarations.