WHEREAS the recent Court of Appeal ruling in the case of Schlenker v. Torgrimson found that local elected officials who are also directors of non-profit societies give rise to a fiduciary duty to the societies and in matters relating to funding, the directors financial interests were connected with the societies interests as a matter of law; AND WHEREAS the Court found that the conflict is of a pecuniary indirect nature, and therefore of a disqualifying nature when the local government matter relates to money or financial benefits; AND WHEREAS this decision places local elected officials who volunteer to sit on the boards of such non-profit societies in an untenable position: THEREFORE BE IT RESOLVED that UBCM request the provincial government to amend Division 6 of the Community Charter to provide as an exception that an elected official would not be in conflict or have a pecuniary interest by participating or voting on financial matters relating to a society or other duly constituted non-profit organization simply because the elected official was a director thereof.
