Section 106Part 17 — Miscellaneous provisions
Conflict of interest
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A conflict of interest shall be deemed to exist in any case in which a member of the Board or a member of the staff of the Office, participates in a decision-making or advisory capacity in any regulatory proceeding that concerns —
a business in which that person, or that person's spouse, parent or child, is a member, shareholder or employee or has any personal or pecuniary interest, direct or indirect; or
any other matter in which the person's private interest may reasonably be perceived as conflicting with the person's official duties.
In any case in which a conflict of interest exists, the member of the Board or the member of the staff of the Office who has the conflict shall not participate in a decision-making or advisory capacity in the regulatory proceeding.
The Chair shall take all reasonable actions to ensure that no member of the Board contravenes the prohibition contained in subsection (2).
The Chief Executive Officer shall take all reasonable actions to ensure that no member of the staff contravenes the prohibition contained in subsection (2).
In any case in which a member of the Board is disqualified from participating in any regulatory proceeding pursuant to subsection (2), the Board shall be deemed to be properly constituted notwithstanding the vacancy.
Each member of the Board and each member of the staff shall submit an annual written declaration to the Secretary stating whether the member, or the member's spouse, parent or child, has any direct or indirect financial interest in any sectoral provider or in any other person who has or may directly benefit from any regulations, or from any administrative determination made by the Office, and the Secretary shall submit such a declaration to the Board.
The Board shall retain the declaration forms submitted pursuant to subsection (6) for not less than three years, and shall provide a copy of any declaration, to any person, on request.
The members of the Board and the staff shall not accept any gift or gratuity, either directly or indirectly, from any sectoral provider or from any other person who has or may directly benefit from any regulations, or from any administrative determination made by the Office, unless the Office has granted a waiver pursuant to subsection (10).
Contravention of either of the prohibitions contained in subsection (2) or (8) shall provide a basis for removal of a member of the Board or dismissal of a member of the staff.
The Office shall make rules specifying the circumstances and the procedures by which a member of the Board or member of the staff may be granted a waiver of the prohibition contained in subsection (8).
Defined Terms
conflict of interest