P.E.I.'s conflict of interest commissioner cannot investigate or sanction former ministers who may have contravened a legislated cooling-off period.
In his final report to the legislature, former commissioner John McQuaid said his office had no jurisdiction over the conduct of former ministers, despite the provisions in the Conflict of Interest Act.
“Parliament and the various legislative assemblies have not assumed jurisdiction to directly monitor and sanction the conduct of individuals who are not members,” McQuaid wrote.
“It follows that their statutory delegate is not vested with the power to investigate and recommend sanctions with respect to the conduct of persons who are not members.”
The Conflict of Interest Act prohibits former ministers from working for employers who have received contracts from their former departments, while they were minister, for a period of six months after leaving office. But the act only allows the commissioner to investigate conflicts of interest involving sitting MLAs.
In his report, McQuaid recommends the cooling-off period for former ministers be extended from six months to a full year. However, he does not recommend changes to the legislation related to enforcement of the cooling-off period.
In November, The Guardian reported that Jordan Brown, former Justice minister, had briefly begun working with the law firm Cox and Palmer prior to the expiration of the six-month cooling-off period. The firm had received a total of $77,977 in contracts from his former department while he was minister.
Contacted by The Guardian in August, Brown initially claimed he had been “cleared” by McQuaid to return to work.
Later in the fall, Brown told The Guardian he had since stopped working for the law firm. Brown clarified that the commissioner did not have the ability to clear former ministers of conflicts.
McQuaid said the act states that former ministers could be charged with a summary conviction offence, with a maximum penalty of $10,000, under the Summary Proceedings Act. McQuaid said he had reviewed P.E.I.’s legislation and found it to be similar to legislation across the country.
“If a former minister is not a member, the (legislature) has not assumed jurisdiction to impose the sanction and thus the commissioner has no jurisdiction to investigate,” McQuaid said.
While he did not recommend any changes be made to the Conflict of Interest Act related to enforcement of the cooling-off period for former ministers, McQuaid did have some suggestions in his final report.
He recommended that ministers be allowed to transfer management of private corporations to a trustee, in a process similar to transferring shares. McQuaid also reiterated a 2018 recommendation related to document retention.
The act requires documents related to former MLAs be destroyed 10 years after the MLA has left office. McQuaid suggested documents instead be retained for a set period of time, which would require less time spent reviewing the office’s archives each year.
McQuaid also noted a bill containing proposed amendments to the act, which was introduced in June by Opposition Leader Peter Bevan-Baker. The amendments include many recommendations made during McQuaid’s tenure. The bill has not yet been debated.
McQuaid’s replacement at the Office of the Conflict of Interest Commissioner is Judy Burke.
