General duties and conflicts of interest
113 General duties and conflicts of interest
This section applies to a person who is —
a member of the council of a community corporation (including when acting as an officer of the community corporation); or
an individual who performs the functions of a community corporation or other body corporate that is a member of the council or an officer of a community corporation.
A person to whom this section applies —
must at all times act honestly and in good faith in the performance of functions as a member of the council or an officer of the community corporation; and
must at all times exercise the degree of care and diligence in the performance of those functions that a reasonable person in the person’s position and the circumstances of the community corporation would reasonably be expected to exercise; and
must not make improper use of the person’s position —
to gain, directly or indirectly, an advantage for the person or any other person; or
to cause detriment to the community corporation.
A person to whom this section applies —
must inform the council of the community corporation in writing of any direct or indirect pecuniary or other interest that the person has that conflicts or may conflict with the performance of a function as a member of the council or, if applicable, as an officer of the community corporation; and
must do so as soon as is practicable after the person becomes aware of the relevant facts; and
in the case of a member of the council, must not vote on a matter in which the member has an interest required to be disclosed under paragraph (a).
Subsection (3) does not apply to an interest arising solely from the fact that the person is a member of the community corporation.
This Act’s bill:Explanatory memorandumSecond reading speech
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