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

Marginal note:Notice of violation

• 53 (1) If the Commissioner believes on reasonable grounds that a public office holder has committed a violation, the Commissioner may issue, and shall cause to be served on the public office holder, a notice of violation.

• Marginal note:Contents of notice

  (2) A notice of violation must

  • (a) set out the name of the public office holder believed to have committed a violation;

  • (b) identify the violation;

  • (c) set out the penalty that the Commissioner proposes to impose;

  • (d) inform the public office holder that he or she may, within 30 days after the notice is served or within any longer period specified by the Commissioner, pay the penalty set out in the notice or make representations to the Commissioner with respect to the alleged violation or proposed penalty and set out the manner for doing so; and

  • (e) inform the public office holder that, if he or she does not pay the penalty or make representations in accordance with the notice, he or she will be considered to have committed the violation and the Commissioner may impose a penalty in respect of it.

• Marginal note:Criteria for penalty

  (3) The amount of a proposed penalty is, in each case, to be determined taking into account the following matters:

  • (a) the fact that penalties have as their purpose to encourage compliance with this Act rather than to punish;

  • (b) the public office holder’s history of prior violations under this Act during the five-year period immediately before the violation; and

  • (c) any other relevant matter.