Part 4 — Board Powers and Elections Division 1 Board Powers
85 Division 5 Conflict of Interest and Disqualification Pecuniary interest
(a) "corporation", "distributing corporation", "shareholder",
"voting shares", "voting rights", "director" and "officer"
have the meanings given to them in the Business
Corporations Act;
(b) "pecuniary interest" mean s, with respect to a person, an
interest in a matter that could monetarily affect
( i ) t h e p e r s o n ,
(ii) a corporation, other than a distributing corporation, in
which the person is a shareholder, director or officer,
(iii) a distributing corpor ation in which the person
beneficially owns voting shares carrying at least 10% of
the voting rights attached to the voting shares of the
corporation or of which the person is a director or
officer,
(iv) a partnership or firm of which the person is a member, or
(v) a corporation, partnership, firm, government or person
that employs the person;
(c) "spouse" means the spouse of a married person but does not
include a spouse who is living separate and apart from the
person if the person and spouse have separated pursuant to a
written separation agreement or if their support obligations
and family property have been dealt with by a court order.
(2) For the purposes of this Division except section 86(1), the
pecuniary interests of the spouse or adult interdependent partner of
a person that are known to the person or of which the person
reasonably should know are deemed to be the pecuniary interests of
the person.
(3) For the purposes of this Division, a person does not have a
pecuniary interest by reason only of any interest that the person
may have
(a) as an elector or taxpayer of the school division,
(b) as a parent of a student or a child enrolled in an early
childhood services program in the school divisions,
(c) by reason of
(i) the person's appointment by the board as a director of a
company incorporated for the purpose of carrying on
business for and on behalf of the board, or
(ii) the person's appointment as the representative of the
board on any commission, committee or other body,
(d) with respect to any allowanc e, honorarium, remuneration or
benefit to which the person may be entitled by reason of
being a trustee or an employee of a board or by reason of
having been appointed by the board to a position described
in clause (c),
(e) by reason of the person's employment by the Government
of Canada, the Government of Alberta or a federal or
provincial Crown corporation or agency, except with respect
to a matter directly affecting the department, corporation or
agency of which the person is an employee,
(f) by reason of the person's be ing a member of a credit union,
a cooperative or a non-profit organization formed under an
Act of the Legislature or of the Parliament of Canada,
(g) by reason of the person's having an interest that is an
interest in common
(i) with the majority of electors of the school division, or
(ii) in respect of a matter that affects only part of the school
division, with the majority of electors in that part,
o r
(h) by reason of an i nterest that is so remote or insignificant that
it cannot reasonably be regarded as likely to influence the
person.
(4) Subsection (3)(f) does not apply to a person who is an
employee or director of a credit union or cooperative or an
employee of a non-profit organization referred to in that clause.
2012 cE-0.3 s85;2014 c8 s17