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Glen P. Robbins 'Beast of Burnaby' files complaint to BC Ombudsperson over decision of Conflict Commissiner & Christy Clark's $300,000 overpayment
  May 14, 2016

Commentary
Ombudsperson Office (BC) fax: 1 250 387 0198
Re: Decision of BC Conflict Commissioner over $300,000 overpayment to Christy Clark
I am filing a complaint pursuant to the recent decision of B.C. Conflict Commissioner Paul Fraser in the matter of the $50,000 + annual earnings paid to Christy Clark from BC Liberal Party.
It is a fact that the allowances from jurisdiction of Conflict Commissioner are found under Members Pension and Remuneration Act - "Capital City Allowance" - "All members whose home base is outside the Capital Regional District (CRD) are expected to have accommodation in the Victoria area so they may attend sessions of the Legislature." There is no other reference to allowance to which Paul Fraser may any decision within his jurisdiction.
Also from the Act on "Additional Salary" "Members who hold ministerial or parliamentary office receive salary corresponds to a percentage of their basic compensation. If an MLA holds two or more positions to which an additional salary is granted, the MLA will receive ONLY the higher amount."
Christy Clark earns basic salary as MLA of $102,878. She receives an additional salary as premier of $92,590.20. She receives another additional salary of $50,000 + paid for by the BC LIBERAL PARTY. According to the Act from which the Conflict Commissioner is supposed to render a determination Christy's second salary is not permitted as the additional salary as premier is the higher one.
Here than is the 'slippery' introduction of language massage that I believe is sufficient to demand the Conflict Commissioner's job. Please note that the BC Liberal Party does not properly quality under the Income Tax Act (Canada) in any event (not that it matters)
First condition: the allowance is paid to an employee, partner or volunteer
Subparas 174(a)(i), (ii), (iii) 7. The provisions of section 174 apply to a person who pays an allowance to an employee of the person, where the person is a partnership, to a member of the partnership, or where the person is a charity or public institution, to a volunteer who gives services to the charity or public institution.
Meaning of employee ss 123(1 8. The term "employee" includes an officer. Meaning of employer ss 123(1) 9. The term "employer", in relation to an officer, is the person from whom the officer receives remuneration. Meaning of charitys 123(1)
10. The term "charity" means a registered charity or a registered Canadian amateur athletic association within the meaning assigned to those expressions by subsection 248(1) of the Income Tax Act (ITA), but does not include a public institution.
Meaning of public institution ss 123(1) 11. The term "public institution" means a registered charity (within the meaning assigned by subsection 248(1) of the ITA) that is a school authority, a public college, a university, a hospital authority or a local authority determined by the CRA to be a municipality.
Volunteer 12. Section 174 applies to allowances paid to volunteers who give services to a charity or a public institution. It does not apply to volunteers of other types of organizations.
Volunteer or employee 13. An individual who gives services as a volunteer to a charity or public institution is not considered an employee of the charity or public institution. However, an employee of a charity or public institution may, outside of their employment contract, give services to that charity or public institution as a volunteer. It must be determined by the facts of the case if that individual was performing duties in the course of their office or employment with the charity or public institution or if the individual was providing services.
Allowance paid to any other person 14. If a person pays an allowance to any person other than the persons identified in paragraph 7, then the provisions of section 174 do not apply. However, the amount may be consideration for a taxable supply for which an ITC may be claimed if the requirements for an ITC set out in section 169 are met or a public service body rebate if the requirements of section 259 are met. The Conflict Commissioner is permitted to avail him or herself of the personal tax filings of MLA's as would the Ombudspersons Office, given their legislative capacity to review the decisions of the Conflict Commissioner.
There are no circumstances under which Christy Clark may earn a third salary. She would not qualify for an allowance as the BC Liberal Party does not qualify as issuer of allowance. The Conflict Commissioner has no lawful jurisdiction to invent a new allowance under the Act to which his jurisdiction is restricted.
I would ask that the Ombudsperson consider applying to the BC Supreme Court (which the legislation permits) for an Order that Christy Clark repay all amounts paid to her over the past 6 years ($300,000) from the BC Liberal Party.
Sincerely, Glen P. Robbins

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