Minister followed conflict-of-interest law: commissioner

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This article was published 24/02/2021 (1150 days ago), so information in it may no longer be current.

Finance Minister Scott Fielding consulted with Manitoba’s conflict-of-interest commissioner last week in relation to his wife’s interest in a company accused of workplace turmoil.

On Wednesday, the commissioner commented about the steps Fielding took and spoke generally about the need to modernize toothless old provincial legislation.

“I think our legislation doesn’t do anything near what it can,” Jeffrey Schnoor said Wednesday. “I’m hopeful we will move towards better legislation.” In 2018, the conflict-of-interest commissioner’s 56-page report recommended how to modernize the “oldest and arguably the weakest conflict-of-interest legislation in Canada.”

In October, the Tories introduced Bill 21, the Conflict of Interest (Members and Ministers) and Related Amendments Act, that will fill some of the gaps in the current legislation, including having no restrictions on members and their families from accepting gifts and other such benefits. Right now, they’re only required to “disclose” gifts with a value over $250.

The new bill requires MLAs and ministers to disclose their liabilities, as well as their interests and assets, with the clerk of the legislative assembly at the start of each session.

In his 2018 report, the commissioner recommended having the disclosures posted online for the public.

“There are no public announcements,” Schnoor said. “That’s a weakness I address in my report.” The public needs to know about potential conflicts in order to trust their elected representatives, he said.

Every year before the legislative session starts, the commissioner will meet with each MLA to advise them on possible conflicts that may arise and what disclosures need to be filed.

“It’s to provide the public with information to be aware of any potential conflict that may arise in the future.”

In Fielding’s case, he filed all the appropriate disclosures in October relating to his wife, Michelle Lalonde, being an owner of Tiber River Naturals. Last week, dozens of former and current employees of the Winnipeg wellness company took to social media to allege Tiber River operates a hostile, even abusive, working environment. Tiber River defended itself in a statement saying a human resources firm will conduct an independent assessment.

Schnoor said Fielding, whose department handles labour issues and employment standards, called him early last week regarding concerns about Lalonde’s interest in Tiber River Naturals and workers’ complaints.

“He told me he intended to provide written instructions to his deputy minister (that) any decision regarding the Tiber River matter not be brought to him,” Schnoor said Tuesday after receiving permission from Fielding to share what they’d discussed in confidence.

Any matter involving the company would be discussed and handled by someone other than Fielding, such as a deputy minister, Schnoor said.

Critics charged that any workplace probe of Tiber River should involve independent investigators. NDP finance critic Mark Wasyliw said although the finance minister doesn’t get involved at that level, a provincial investigator might be influenced just by knowing the finance minister is closely connected to the workplace.

The commissioner said he’s not aware of any jurisdiction with such regulations.

“Ultimately, somebody has to be responsible,” said Schnoor. “Anyone who drives a car in Manitoba is licensed by MPI… We don’t say (to all cabinet ministers) ‘You can’t vote on MPI or anything to do with MPI rates.’”

In his report on modernizing Manitoba’s conflict-of-interest law, Schnoor recommended more restrictions on the employment and activities of MLAs and ministers after they leave office — one year for members and two years for ministers. Right now — and in the proposed new legislation — there is a one-year cooling-off period for both MLAs and ministers.

The legislation would change the title of the job to ethics commissioner and allow them to investigate a complaint by an MLA about another member. The onus is still on Manitobans to file a complaint, said Liberal Leader Dougald Lamont.

A voter must file an affidavit showing details of an alleged conflict-of-interest violation by an MLA or minister. They then have to pay a $300 security for court costs, apply to a Court of Queen’s Bench judge for authorization to have a hearing before another judge of the court, to determine whether the member or minister has violated the act. Upon hearing the application, the judge will either grant authorization — and the application is then heard by another QB judge — or dismiss the application and order forfeiture of all or a part of the security.

“No one has ever been caught under (Manitoba’s conflict-of-interest law) because the commissioner has no power of investigation and no sanctions,” Lamont said. “The fact is that Manitoba conflict-of-interest laws, at least as far as MLAs and ministers are concerned, are the Wild West. We might as well not have any rules at all.

“Right now it is completely possible, and it happens, that the government can vote for tax breaks for businesses that affect them. If they’re landlords, they can vote for things that benefit them as landlords. If they own an insurance company, they can target PST reductions.”

carol.sanders@freepress.mb.ca