by The Honourable A. Brian Peckford

pe********@wo*******.com

October 3, 2024

If you are as keen as I am to improve the integrity of our political process you can request your leader and your candidate to agree in writing to amend The Members Conflict of Interest Act ( RSBC 1996) Chapter 287 so that any member found guilty of violating provisions of the Act as determined by the Commissioner ( identified in The Act ) must not be eligible to continue to sit in the Legislature for a period of 5 years.

Right now the Commissioner’ MAY ‘ hold a guilt party in contempt ( Section 21.1) or ‘MAY ‘ report( Sect 22.1)  the guilty party to the Legislature.

And even if the Commissioner reports to the Legislature he can only  recommend a reprimand, suspension , or a fine of up to $5000 or declare the seat vacant . But nothing there saying the guilty party cannot run again for that seat . And the Legislature can only act on what the Commissioner recommends. The Commissioner holds the power , it should be the Legislators.

This is all too soft —-honesty is at stake!!!

Here is a chance to influence the system.

Here is Section 22 of the Act

Penalties

22   (1)

If the commissioner finds

(a)

after an inquiry under section 21 that a member has contravened section 3, 4, 5, 7, 8, 9 or 10 (1), or

(b)

that a member has refused to file a disclosure statement within the time provided by section 16 or that a member has failed to comply with a recommendation of the commissioner under section 16 (3) or 19,

the commissioner may recommend, in a report that is laid before the Legislative Assembly

(c)

that the member be reprimanded,

(d)

that the member be suspended for a period specified in the report,

(e)

that the member be fined an amount not exceeding $5 000, or

(f)

that the member’s seat be declared vacant until an election is held in the member’s electoral district.

(2)

The Legislative Assembly must consider the commissioner’s report and respond to it as subsection (3) provides

(a)

within 30 days after it is laid before the Legislative Assembly, or

(b)

within 30 days after the next session begins if the Legislative Assembly is not in session.

(3)

The Legislative Assembly may order the imposition of the recommendation of the commissioner under subsection (1) or may reject the recommendation, but the Legislative Assembly must not further inquire into the contravention or impose a punishment other than the one recommended by the commissioner.

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1 COMMENT

  1. Thank you so much for sharing this. Clearly it needs to be much stricter.

    What is the action strp on my part that you recommend? Should I write Tracy Gray, my MP for Kelowna/Lake Country/Winfield?

    Please let me know when you have a moment. Thanks so much.

    Wishing you a beautiful weekend,
    Brian
    Concerned and disappointed, BC Resident

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