on, Ronald L Barclay, QC "Regina, sk SP 372 Tel: (306) 787-0800 ‘CONFLICT OF INTEREST August 31, 2017 SENT BY EMAIL Ms. Nicole Sarauer MLA Regina Doualas Park Room 265, Legislative Building 2405 Legislative Drive Regina, SK S4S OBS Dear Ms. Sarauer, Late yesterday afternoon | received your letter of August 30, 2017 in which you requested | conduct an inquiry pursuant to s. 29(1) of The Members' Conflict of Interest Act (the "Act") regarding the compliance of the Hon. Mr. Boyd, Member for Kindersley with the Act. You requested that | conduct an inquiry regarding Mr. Boyd's involvement with the 2014 purchase of 2C4 acres of land by the Global Transportation Hub (the *GTH'). | have concluded that you have not presented reasonable and probable grounds to believe Mr. Boyd contravened the Actin this matter, and therefore | have no jurisdiction to provide an opinien or conduct an inquiry in this matter. Your letter states in part: There are reasonable grounds to believe that this member is in contravention of the Members' Conflict of Interest Act. In February 2013, a ‘company owned by Robert Tappaut purchased 204 acres of land and immediately sold it to a company owned by Anthony Marquart for a profit (of approximately 6 milion dollars. The land was subsequently bought by the GTH at what the Frovincial auditor has described as a ‘significantly higher price’ and that investigation concluded that the land was not ‘purchased in a fiscally responsible manner. Mr. Boyd has rented land from | company in which Nr. Tappaut has interest (sic) and Mr. Tappauf's ‘company donated to Mr. Boyd's politcal campaign in 2011. However, to ‘the media and the publc, Mr. Boyd maintains that he has never met Mr. ‘Tappaut. It appears thet there are clear connections between Mr. Boyd, ‘the then minister responsible to the GTH, and this businessman who Profited from an inappropriate use of taxpayer money. ‘Rugst 3, 2007 TegelsAsKATENFWAN Mon. Ronald L, Barclay, ‘CONFLICT OF INTEREST << Box 10, 630-1855 Victoria Avenue Conmitssione Repina,Sk_ SOP 372 . “Tel: (306) 787-0800, Section 29(1) and section 20(1) of the Act state: 29(1) 10 has reasonable and probable grounds to believe that ‘another member is in contravention of this Act may request, by application in writing unds for the belief and the nature of the ‘contravention alleged, that the commissioner give an opinion respecting the compliance of the other member with the provisions of this Act. 90 (1) The Commissioner may conduct an inquiry: (a) On receiving a request under section 29; or (0) Where the commissioner considers it to advisable respecting the compliance of a member with the provisions of this act. emphasis added) In your letter you requested that | conduct an inquiry. A member may request an opinion regarding the compliance of another member, but it is within my discretion as ‘commissioner to determine whether its in the public interest fo proceed with an inquiry. Therefore | have treated your request for an inquiry as an ordinary request for an: pinion pursuant to s. 29(1). Before | consider conflict of interest allegations (whether to provide an opinion or to conduct an inquiry), the member requesting the opinion must have reasonable and probable grounds to believe that another member is in cortravention of the Act. As- Stated in section 29(1), before | will provide an opinion you must set out in writing the ‘grounds for your belief and the nature of the contravention aleged. | made the same observation in a letter to the Hon. Trent Wotherspoon, when he requested an investigation regarding the same subject matter in February cf 2016. In my February 5, 2016 response to Mr. Wotherspoon (which | have attached fois lter), Indicated that I could not proceed with considering these allegations unless | was provided with a. ‘witten application setting out reasonable and probable grounds to believe Mr. Boyd contravened the Act. | never received a reply from Mr. Wotherspoon providing this information (nor did | receive such information trom any other member). My decision that | do not have reasonable and probable grounds to provide an opinion ff conduct an inguiry regarding Mr. Boyd's conduct in this matter is not @ conclusion that Mr. Boyd complied with the Act. Its merely a reflection of the lack of evidence provided tome in this matter that relates to my jurisdiction under the Act. ‘Roqust 3, 2017 race?SASKATCHEWAN CONFLICT OF INTEREST Mon. Ronald L Barclay, Q.. Box 19, 630-1835 Victoria Avenue Tel: (306) 787 0800 | will briefly explain my conclusion that you have not presented reasonable and probable ‘grounds to believe Mr. Boyd contravened the Act. My jurisdiction under section 29 and section 0 is limited to examining whether a member contravened the Act. My opinion is necessatiy limited to the provisions of the ‘Act itself. | have no jurisdiction to consider any other statutory or common law standards of conduct. Therefore I offer no opinions, either positive or negative, regarding issues other than compliance with the Act, such as the purchase of land by the GTH in an allegedly fiscally iresponsible manner. Sections 3 to § of the Act all prohibit a member taking some action to further or attempt to further their private interest, their family's private interest o: the private interest of an associate. Similarly section 7 prohibits a member or their family from accepting unauthorized benefits received because of the member's office. Section 8 prohibits awarding contracts to benefit former members of Executive Council or their associates, while section 15 prevents a member or a business of which they are a director or officer fr in which they have an interest from participating in government contracts. All of these sections require some benefit to a member, their family or a business associated with the member. ‘The definition of associate is particularly important to my decision not to examine this matter further. Section 2(a) narrowly defines "associate" as () a corporation having share capital and carrying on business or activities for profit or gain, where the member isa director of senior officer of the corporation; (i) @ private corporation carrying on business or activities for profit or gain, where the member owns or is the benefical owner of shares cf the corporation; (ii) a partnership having not more than 20 persons: {A) of which the member is a partner; or {B) of which one of the partners is a corporation directly associated, with the member by reason of subclause (i) oF (i (iv) @ person or group of persons acting as the agent of the member land having actual authority in that capacity from the member; Page>SASKATCHEWAN H. Barclay, QC ‘CONFLICT OF INTEREST x Box 10, 630-1855 Victoria Avenue CommssioneR. Regina,SK S4P 372 ss ‘el: (306) 787-0800 Your letter does not allege that Mr. Boyd personally benefited from the GTH transaction, that the GTH transaction benelited Mr. Boyd's family, o° that the GTH transaction benefited any associate of Mr. Boyd as that term is defined in the Act. Although you have alleged some connection between Mr. Boyd and Mr. Tappaut, there is no: indication that their alleged relationship falls within the defirtion of "associate" provided: by the Act. Furthermore, | have not been presented with reasonable and probable {grounds to support any such allegation. Therefore, it would not be appropriate for me to provide an opinion or conduct an inquiry regarding Mr. Boyd's role in the GTH given the: information that you have provided to me. | therefore conclude that it has not been established tha: you have reasonable and probable grounds to believe that Mr. Boyd is in contravention of the Act. You have not Set out the grounds for belief and the nature of the contravention alleged which is a condition precedent and | therefore do not have jurisdiction fo deal with this matter. Yours truly, TNS Ronald L. Barclay Q.C. Conflict of Intarast Commissioner CC: Mr. BillBoyd ‘Ragusa 2007 Pagere oop mst re Gap mat February 5, 2018 ‘COURIER & EMAIL ‘Trent Wotherspoon Deputy Leader ofthe Ofictal Opposition Office of the Official Opposition Saskatchewan Legislative Assembly 265 Lopslative Bulldng Roging, SK $45 0B3 Dear Nr. Wotherspoon: | acknowledge receit of your leter dated February 3,2016 which reads as follows: Media reports aay areralsng deply troubling questions aboot and desl made by the GoveramentefSstatchewan snd theo plyecby Minster Bil Bop andthe Cabinet ‘ieee pate hates deal represen a series of ting colceaces lng with poor hegocationand rimanagenent onthe governments par ee sn posible hate Seal Involves wrosgdsngaad breach of rusty goreranenrpellsclans Given the imporance ofthis mater, especlyreguesthat you Invests he ‘Srsumstancte euroundlng hi and deal ond repor your Anding tothe pub ‘You have requested that I conduct an investigation n this matter. As Conflict Interest Commissioner, my jurisdiction i limited to conflicts of interest under The Members’ Conflict of Interest Act (Act) and in particular, Section 3, which provides, ‘Forte purposes of ths Ac. a member has confetof ners when the member makes Aeceiono parepatstn mabings decison ithe exeeuton ais or ber ofr anda the ‘ane ine Katt eben of heen there te opportniy to rther Mor ier rate ners hs ober mls priat Interest othe private erst fn aso 1 do not have any jurisdiction to deal with allegations of poor negottations and mismanagement by Mr Bill Boyd or Cabinet in respect tothe land transactions you refer te inyour letter. ‘Therelevant section of the Act that gives me authorty to consider allegations of conlct of interest is Section 29(1) as follows:Tren Waherpoen Feary tte Paget ol? 29(1) Amember whe hasreasnabe and probable rounds tobliev ht snaher member Isthcootaventin of hs Act may reqeestbyapption In wring sting out the rounds ‘er thebule andthe nature of he contaverion lege tat hecomeloner give a8 pinion respecting che ample of Ue other member with xe provisions of Act Before consider conflict of interest allegations, the member complaining must have ‘reasonable and probable grounds to believe that another member, and in particular Mr. Boyd sin contravention ofthe Act. As stated in the Act, you must provide me in writing the grounds for that belie and tho nature of the contravention allege. Its only upon receipt of such a written application that ! have any jurisdiction to consider @ request for an opinion. ‘ook forward to hearing from you, Sincerely, pera eey Ronald L. Burlay, 06, Confit oflnterest Officer RLBybly