Conflict of Interest Provisions in the Community Charter

The British Columbia Court of Appeal (BCCA) decision on conflict of interest in Schlenker v. Torgrimson has introduced a number of considerations for staff and elected officials when determining when elected officials may be in a conflict of interest contrary to provisions of the Community Charter.

LGMA-UBCM Review of Court Decision

The Local Government Management Association and UBCM have collaborated with the provincial Ministry of Community, Sport & Cultural Development to review the BCCA decision and identify some key questions and practical steps to assist local government elected officials and staff when applying the implications of the decision to their individual circumstances. Please see below for the report on the LGMA-UBCM review of the BCCA decision on conflict of interest.

BCCA Decision on Conflict of Interest—Some Questions to Consider [PDF - 150 KB]

Bulletins from Local Government Legal Advisors

In addition, a number of local government legal advisors have released bulletins regarding the BCCA decision. These are made available below for the reference of local governments. If there are any questions about the contents of these bulletins, please contact the authors directly.

Court Decision Creates Uncertainty for Conflict of Interest [PDF - 102 KB]
James Yardley, Murdy & McAllister

Directors of Non-profit Societies in a Conflict of Interest [PDF - 65 KB]
Francesca Marzari, YoungAnderson, Barristers & Solicitors

New Ruling on Conflict of Interest and Participation of Elected Officials on the Boards of Not for Profit Organizations [PDF - 67 KB]
Stewart McDannold Stuart, Barristers & Solicitors

Serving Two Masters: Elected Officials Acting as Directors of Societies [PDF - 382 KB]
Olga Rivkin & Kathleen Higgins, Bull Housser

UBCM Contact

Marie Crawford
Associate Executive Director
604 270 8226 ext. 104