Alberta Regulation 153/2023, titled the Members’ Gifts and Benefits Regulation, was enacted by the Lieutenant Governor in Council on December 22, 2023, under the authority of the Conflicts of Interest Act. This regulation establishes guidelines for members of the legislature regarding the acceptance of gifts, benefits, and expenses associated with events, conferences, and meetings, with the aim of ensuring transparency and ethical conduct in dealings that could pose a conflict of interest.

The regulation defines specific monetary thresholds to guide members on acceptable limits for gifts and benefits. For non-monetary gifts and benefits, the prescribed amount is set at $500, as outlined in section 7(3)(a) of the Conflicts of Interest Act. Regarding event invitations, members, along with their spouses, partners, or minor children, can accept tickets or invitations under certain conditions: invitations valued at $250 or less can be accepted without additional requirements; for those valued greater than $250 but less than or equal to $1,000, members must record relevant information as per subsection (5); and for invitations valued greater than $1,000, members must not only record the information but also report it to the Ethics Commissioner within 60 days of acceptance.

Similar guidelines apply to waivers of attendance fees and reimbursements for travel expenses. Accepting waivers or reimbursements valued at $250 or less requires no additional action. For amounts between $250 and $1,000, members must document the acceptance, while those over $1,000 necessitate both documentation and reporting to the Ethics Commissioner.

The regulation also stipulates that the total value of accepted gifts and benefits must be calculated by aggregating all tickets, invitations, waivers, payments, or reimbursements from the same source for a specific event. Each individual’s accepted gifts must be evaluated separately, although this does not apply when considering section 12(e) of the Act. Members are required to maintain thorough records for accepted gifts and benefits, which should include a description and date of the event, the date of acceptance of the ticket, invitation, waiver, payment, or reimbursement, the name of the provider, the circumstances and rationale for acceptance, an estimate or known value of the gift or benefit, and any additional information required by the Ethics Commissioner.

Regarding disclosures under section 12(e) of the Act, the regulation sets a prescribed amount of $250 for benefits that need to be disclosed. The regulation will come into effect with the enforcement of section 1(7) of the Justice Statutes Amendment Act, 2023, ensuring that the guidelines align with broader legislative updates concerning ethics and conduct.

By establishing clear monetary thresholds and documentation requirements, the regulation aims to improve transparency and accountability among public officials, ensuring that their actions do not compromise public trust or integrity in governance.

Alberta (153/2023) January 15, 2024