LEGISLATIVE ASSEMBLY ALBERTA

Jason Nixon, MLA Rimbey-Rocky Mountain House-Sundre

Ms. Marguerite Trussler, Q.C. Office of the Ethics Commissioner Suite 1250, 9925 -109 Street NW Edmonton, AlbertaT5K 2J8

February 23, 2016

Dear Commissioner Trussler,

I am writing you today in my capacity as the Wildrose Shadow Minister for Democracy and Accountability to seek clarification on an apparent ruling that your office has made and to make you aware of a serious situation that merits the scrutiny of your office. I ask that you investigate whether the members involved have contravened the Conflicts of Interest Act.

The preamble of the Conflicts of Interest Act sets a clear expectation that Members "are expected to perform their duties of office and arrange their private affairs in a manner that promotes public confidence and trust" in both the member and the Assembly as a whole. They are also "expected to act with integrity and impartiality'' in "reconciling their duties of office with their private interests".

First, I am on record having concerns that the Premier's party organized a secret, invitation only, $1000 a person fund raiser as an add-on to a publicly announced $250 a person fund raiser. The Premier's office told members of the Alberta media that your office had cleared this event. If so, I would seek clarification. It seems to me that a $1000 a person invitation-only event is exactly the type of

LEGISLATURE OFFICE I Fifth floor, Federal Building I 9820 107 Street I Edmonton, Alberta I TSK 1E7

access selling event that former Commissioner Don Hamilton took a dim view of in his report of May 11th 2007. In particular, the fact that this event was un-advertised and only available to potential contributors by special invitation makes it more unseemly, in that it appears that special non-public access to the Premier can be purchased for $1000. Such an activity damages the integrity and impartiality of the Premier's office.

The second issue I wish to bring to your attention is more serious. It also goes to the issue of integrity and impartiality of the Premier's office, but also raises doubts about the effectiveness of the provincial ban on corporate donations.

Last week the Premier made a private trip to Toronto. I say private in the sense that it was not on the government itinerary and was not made public to Albertans. While she was in Toronto, the Ontario NOP party organized an exclusive fundraising dinner with Ontario NOP Leader Andrea Horwath and Premier Notley. The dinner was marketed to Ontario companies with significant commercial interests in Alberta. The cost of a seat at this exclusive dinner was $9975 a person. An order form for a ticket is attached.

The Premier's office confirms this event took place, but is referring questions to the Ontario NOP party, who are declining to say who attended.

Our concern is that it is inappropriate for the Premier of Alberta to leave the province and solicit donations from corporations that are prohibited from making political contributions in Alberta. It creates very serious issues of partiality, and seems to undermine the legislation that was passed last year banning the solicitation of corporate funds.

Getting a meeting with the Premier is very difficult, but now it appears that Alberta companies who cannot donate to the NOP in Alberta can pay $9975 in Ontario to get that special face-to-face interaction.

This issue is made somewhat more problematic because of how the New Democratic Party is structured, because there is only one New Democratic Party entity, with provincial wings - corporately the entire NOP is only one entity. This raises the issues of internal transfers in either money or, more likely, in-kind considerations that would allow the Alberta NOP to skirt Alberta law.

LEGISLATURE OFFICE I Fifth floor, Federal Building I 9820 107 Street I Edmonton, Alberta I T5K 1E7

We ask that you provide some clear guidance on this event because we believe it is neither the first nor last instance of these out-of-province fund raisers for the Premier and the other wings of the federal NDP party.

It is possible that you may find that the Conflicts of Interest Act does not envision in its clauses the need to explicitly prohibit this type of behaviour. If that is the case, I would request that your office make recommendations on how to strengthen the act to prevent this type of conflict. This is particularly relevant to Wildrose Caucus because the Select Special Ethics and Accountability Committee will soon be studying the Conflicts of Interest Act.

Thank you for your attention to this matter, and do not hesitate to let me know if you have any questions.

Sincerely,

Jason Nixon, MLA Rimbey-Rocky Mountain House-Sundre Wildrose Shadow Minister for Democracy and Accountability Member of the Select Special Ethics and Accountability Committee

Cc: Glenn Resler, Chief Electoral Officer for Alberta.

LEGISLATURE OFFICE I Fifth floor, Federal Building I 9820 107 Street I Edmonton, Alberta I T5K 1E7

Name:

An Evening with Andrea Horwath,

Leader of the Ontario New Democratic Party

Friday February 19th, 2016 The Fairmont Royal York Hotel, 19th Floor

100 Front Street West, Toronto

6:30 p.m. Reception

7:15 p.m. Dinner

$9975

--------------------------

Organization: ------------------------

Address: -------------------------

City: ______________ Postal Code: ________ _

Email: Work Tel: Cell: ------ ------

I would like to pay by: D Cheque D VISA D Mastercard Amount: $9975

Card Number: ____________ Expiry Date: _ __,/ __ _

Cardholder Name: CVV: ---------------- -----

*A charitable donation receipt for the non-retail portion will be issued

ONTARIO 101 Richmond St. E. Toronto ON, MSC 1N9 I PHONE' 416S918637 I FAX' 416S994820 DP~