Making a Conflict of Interest Complaint
In general conflict of interest rules exist to prevent councillors, board members and those employees that report directly to Council or a Board of Directors (senior employees) from using their positions to gain a financial benefit or advantage for themselves, a family member, or a corporation they have a connection to, through their work with a public authority (local government, regional service commission or rural district). This includes entering into contracts on behalf of the public authority that would provide a direct benefit to one or more councillors, one or more board members, one or more senior employees, or one of their family members.
- Conflict of interest rules prohibit councillors, board members and senior employees from accepting fees, gifts, gratuities or other benefits that could influence them in making decisions and carrying out their duties.
- Conflict of interest rules also prohibit councillors, board members and senior employees from using their positions, or information they have learned through their positions that is not available to the public, for their own personal gain, or for the personal gain of a family member.
- The Local Governance Act sets out the rules that councillors and officers (senior employees) must follow to avoid being in a conflict of interest.
- The General Regulation – Regional Service Delivery Act sets out the rules that board members and designated employees (senior employees) must follow to avoid being in a conflict of interest.
Disclaimer
Before the Local Governance Commission may accept a complaint for an alleged code of conduct or conflict of interest violation, a person must first make the complaint to the applicable public authority (local government, regional service commission or rural district) and the public authority must have concluded its own process and issued a decision on the matter.
Complaint Process
A person makes a complaint to the Local Governance Commission (LGC) alleging a code of conduct or conflict of interest violation.
Staff of the LGC will determine whether the person has already filed a complaint with their public authority (local government, regional service commission or rural district) and whether the public authority has made a final decision on the matter.
LGC staff will carry out an initial review of the complaint to ensure the allegations are made in good faith. If a complaint is not made in good faith, or is frivolous or vexatious, or is outside of the LGC’s mandate, the Chair of the LGC may dismiss the complaint without conducting an investigation.
LGC staff notifies the public authority that it has received a complaint and provide the public authority with the opportunity to respond to the complaint and provide the LGC with any relevant documents.
LGC staff will attempt to resolve the complaint informally through mediation or conciliation.
If a complaint is not resolved informally, LGC staff will investigate the complaint, which includes conducting interviews, and collecting and reviewing documents and other evidence.
LGC staff will prepare a report containing a recommendation to the commission members.
LGC staff will present the report and recommendation to the commission members.
The commission members will rule and may impose sanctions.
Make a Conflict of Interest Complaint
- Do you believe a councillor has violated conflict of interest provisions in the Local Governance Act?
- Do you believe a senior officer (CAO, treasurer, assistant treasurer, clerk, assistant clerk, secretary of a local board, solicitor, engineer, planner, building inspector, by-law enforcement officer, fire chief, chief of police, and purchasing agent) of a local government has violated conflict of interest provisions in the Local Governance Act?
- Do you believe a board member of a Regional Service Commission (RSC) has violated the conflict of interest provisions in the General Regulation – Regional Service Delivery Act? or
- Do you believe a designated employee (CEO, executive director, planning director, manager of a solid waste disposal service, director of finance, planner, development officer, building inspector, person responsible for purchasing for an RSC, and employees in senior management positions) of a regional service commission has violated the conflict of interest provisions in the General Regulation – Regional Service Delivery Act?
If so, would you like to file a complaint with the Local Governance Commission?
