List of summaries, consolidations and regulations
The Members’ Conflict of Interest Act
The Members' Conflict of Interest Act sets out the duties of Members of the Legislative Assembly (MLAs) and members of Executive Council with respect to conflict of interest. It also sets out the prohibitions with respect to conflict of interest.
Conflict of Interest
A member has a conflict of interest when the member makes a decision in the performance of his or her public duty knowing that such a decision may further:
Family means the member's spouse and dependent children but does not include a spouse living apart from the member.
A member who has reason to believe he or she has a conflict of interest in a matter before the Assembly or Executive Council must disclose the conflict of interest and refrain from participating in any consideration of the matter.
Office of the Conflicts Commissioner
The Act creates an Office of the Conflicts Commissioner to assist Members of the Legislative Assembly with disclosure statements and to review possible conflicts of interest for both MLAs and members of Executive Council.
The Commissioner is an officer of the Assembly, appointed by resolution of the Assembly.
Conduct of members
A member must not:
No member or any of the member's family is allowed to accept a fee, gift or personal benefit connected directly or indirectly with the performance of the member's public duties except where doing so is incidental to protocol or social obligations that normally accompany the responsibilities of office.
No department, secretariat, office, Crown corporation of the Government of Saskatchewan, or corporation in which the Government of Saskatchewan is a majority shareholder shall knowingly award a contract to, approve a contract with, or grant a benefit to:
If, in the Commissioner's opinion, a conflict with official duties and responsibilities is likely to result or to be seen to result, members of Executive Council shall not:
Every member must file a disclosure statement with the Commissioner within 90 days of a member's election and annually thereafter. The disclosure statement contains detailed information about the member and member's family's assets, liabilities, income and other financial interests, as well as information about any directorships or offices held by the member or the member's family.
After filing a disclosure statement, the member and the member's spouse must consult with the Commissioner to ensure that adequate disclosure has been made or to obtain advice and direction on the member's obligations under the Act.
Public Disclosure Statement
After the Commissioner is satisfied the disclosure statement complies with the Act and the regulations, he or she files a public disclosure statement with the Clerk of the Assembly.
Public disclosure statements are available for public inspection during the normal business hours of the office of the Clerk of the Assembly.
A public disclosure statement includes:
The value or amount of any items in a public disclosure statement are not disclosed except if, in the Commissioner's opinion, knowledge of the value or amount is necessary to protect the public interest.
The Commissioner may also exclude from a public disclosure statement:
Any information included in a member's disclosure statement but not included in the member's public disclosure statement is confidential.
Commissioner's opinion and advice
A member may request the Commissioner give an opinion and recommendation on any matter respecting the obligations of the member under the Act. The Commissioner's opinion and recommendations are confidential but may be released by the member or with the written consent of the member.
Notwithstanding the prohibition with respect to government contracts, a member may apply to the Commissioner for approval to participate in a government contract.
Referral of opinion and inquiries
A member who has reasonable and probable grounds to believe another member is in contravention of this Act may request the Commissioner give an opinion respecting the other member's compliance with the Act. The member making the request must provide the member who is the subject of the request with a copy of the application.
In addition, the Assembly may request the Commissioner give an opinion on any matter respecting a member's compliance with the Act. The Premier may also request the Commissioner give an opinion on any matter respecting a member of the Executive Council's compliance with the Act.
When the request for an opinion is made by another member or by the Assembly, the Commissioner must report his or her opinion to the Speaker and to the member who is the subject of the opinion. The Speaker must then lay the opinion before the Assembly.
When the request for an opinion is made by the Premier, the Commissioner must report his or her opinion to the Premier.
In conducting an inquiry, the Commissioner may comment on the conduct of former members of the Assembly and former or current government or Crown corporation employees.
Former Cabinet Members
For a period of 12 months after leaving office, it is an offence for a former member of the Executive Council to knowingly:
A former Cabinet member may apply to the Commissioner for an exemption from the 1-year prohibition on a case-by-case basis. If an exemption is granted, the details are to be disclosed to the Assembly.