Conflict of Interest Commissioner

Consultation on review of the Conflict of Interest Act

As an independent officer of the Legislative Assembly the Conflict of Interest Commissioner has four key responsibilities:

• provide advice and opinions to Members upon request about potential conflicts of interest;
• meet with Members each year to review their private financial disclosure file;
• file public disclosures for each Member with the Clerk of the Legislative Assembly; and 
• may carry out investigations when a complaint is received in writing and affidavit evidence provided.

What is a conflict of interest?

As elected officials, Members of the Legislative Assembly may have access to information and decisions that could potentially provide them personal benefit in their private lives. In PEI, the Conflict of Interest Act outlines requirements and responsibilities for Members to help prevent conflicts of interest.

The general purpose of the Act is to provide guidance to Members and to the public to ensure Members don’t participate in decisions, or share knowledge, that provide direct personal financial benefit to themselves or to others. For example, information that the Member has as part of their duties of public office cannot be used for their own benefit, or shared with others, if the same information isn’t also available to the general public. Members also cannot use their office to influence the decision of another person for personal financial gain.

If a policy or rule applies to the public and affects the Member or their family as part of a broad group of people affected by the decision, it’s not a conflict of interest.

What does the Conflict of Interest Commissioner do?

The Commissioner is responsible for advising Members of the Legislative Assembly on managing issues that arise as the Member balances the duties of elected office and their personal interests as a private citizen.

The Commissioner provides Members with confidential advice on how to apply the requirements of the Conflict of Interest Act, which defines what a conflict of interest is for a Member of the Legislative Assembly, Ministers, and the Premier. The Commissioner also investigates Members failing to meet the requirements of the Act when evidence is provided with a request for an investigation.

How is the Commissioner appointed?

The Commissioner is recommended to the legislature by the Standing Committee on Legislative Assembly Management following an open competition for the position. The Commissioner is then appointed through a resolution in the legislature to serve for five years.

The resolution must be supported by at least two-thirds of the Members of the Legislative Assembly for the appointment to be accepted.

Annual Reports to the Legislative Assembly

Each year the Commissioner reports on administrative activities and summarizes the advice provided throughout the year, keeping details of the advice confidential.

All annual reports are PDF files.

• 2023 Report of the Conflict of Interest Commissioner
• 2022 Report of the Conflict of Interest Commissioner
• 2021 Report of the Conflict of Interest Commissioner
• 2020 Report of the Conflict of Interest Commissioner

Disclaimer

The information on the Conflict of Interest Commissioner's pages is provided as an overview of the office of Commissioner and the obligations under the Act that any person must assume if they are elected as an MLA. If there is an inconsistency between the Act and the information in these pages, the Act prevails.