Conflict of Interest Act (S.C. 2006, c. 9, s. 2)

Marginal note:Exemption

• 38 (1) The Commissioner may, on application, exempt from the application of section 35 or 37 a former reporting public office holder who, while in office, was a member of ministerial staff who worked on average 15 hours or more a week.

• Marginal note:Criteria

  (2) An exemption may only be granted under subsection (1) in respect of a person based on the following criteria:

  • (a) the person was not a senior member of ministerial staff;

  • (b) the person’s functions did not include the handling of files of a political or sensitive nature, such as confidential cabinet documents;

  • (c) the person had little influence, visibility or decision-making power in the office of a minister of the Crown or a minister of state; and

  • (d) the person’s salary level was not commensurate with the person having an important role in that office.

• Marginal note:Notice of decision

  (3) The decision made by the Commissioner shall be communicated in writing to the person who applied for the exemption.

• Marginal note:Publication

  (4) If the Commissioner has granted an exemption in accordance with this section, the Commissioner shall publish the decision and the reasons in the public registry maintained under section 51.