A timeline of what we know about Manitoba silica sand project that led to fines for former premier, ministers

Hundreds of pages of text messages and phone records were among the evidence reviewed for a recent ethics commissioner report that helped paint a picture of how Manitoba's former premier and two of her cabinet ministers were found in violation of the province's conflict-of-interest law for improperly trying to push through approval of a silica sand mining project after their government lost power in 2023.

The report, released this week, recommended fines totalling $40,000 against former Progressive Conservative premier Heather Stefanson, then-deputy premier Cliff Cullen and then-economic development minister Jeff Wharton for what ethics commissioner Jeffrey Schnoor described in a 100-page report as trying to get Alberta mining company Sio Silica's project in the province approved after losing the Oct. 3, 2023, election to the NDP.

Schnoor found their actions in the days before Wab Kinew's NDP government was sworn in violated both the Conflict of Interest Act and what's known as the caretaker convention — where outgoing governments are supposed to only engage in urgent, routine, reversible or uncontroversial operations during the brief period before the next government is sworn in.

While Schnoor said he found former cabinet minister Derek Johnson had been aware of the plan to seek approval of the licence during the transition period, he determined there was "insufficient evidence to demonstrate that he participated in the improper actions" and concluded he didn't contravene the act.

Cullen did not seek re-election and Stefanson later resigned. Wharton and Johnson were both re-elected.

The report details who did and said what as steps were taken to try to get the project's licence approved in the days after the general election — and whose stories the ethics commissioner suggested didn't quite add up.

Schnoor's report also notes that while he recommended the fines against each person, the final decision on what to do ultimately lies with the legislative assembly, who will vote to either accept or reject his recommendations.

WATCH | Manitoba ethics commissioner recommends fines against former premier, 2 ministers:

Manitoba ethics commissioner recommends fines against former premier, 2 ministers

8 days ago

Duration 2:22

A report by Manitoba's ethics commissioner says former premier Heather Stefanson and two of her cabinet ministers acted improperly by pushing for the approval of a silica sand mining project. Jeffrey Schnoor ruled their actions violated the Conflict of Interest Act and contravened what's commonly called the "caretaker convention" — a long-standing parliamentary principle that forbids outgoing governments from making major decisions in most cases.

Here's a walk through the timeline described in the report — starting when the mining project was pitched to when Schnoor was asked to investigate.

A controversial proposal

• Aug. 3, 2021: Alberta mining company Sio Silica submits what becomes a controversial proposal to mine silica sand in southeast Manitoba, known as the Vivian Sands Extraction Project.
  
  To move ahead, the project requires a Class 2 licence under The Environment Act. Soon, concerns about the project begin to mount, including from residents who fear the potential contamination of their drinking water.

• June 22, 2023: The Clean Environment Commission's report on the Sio Silica project is submitted, suggesting the project only move forward after the province gets more legal advice and a better understanding of possible risks.
   
• July 26, 2023: The province puts out a news release announcing it's signed a memorandum of understanding with German solar tech manufacturer RCT Solutions to explore building a solar panel manufacturing plant in Manitoba that it says could create 8,000 jobs.
  
  The CEOs of Sio Silica and RCT Solutions both later tell Manitoba's ethics commissioner that the project proceeding was contingent on having access to high-quality silica sand.

A project in the works — and a loss of power

• Aug. 23, 2023: Stefanson and PC cabinet ministers Cullen, Wharton and Johnson attend a presentation to cabinet about the caretaker convention — where outgoing governments are supposed to only engage in urgent, routine, reversible or uncontroversial operations during the brief period before the next government is sworn in.
   
• Sept. 8, 2023: Cullen and his wife bump into Sio Silica CEO Feisal Somji at a Winnipeg Blue Bombers game, where Somji invites them to watch the game from a suite.
   
• Sept. 9, 2023: Cullen texts Somji, thanking him for the invitation the previous day. "I am available to chat anytime. I believe Manitoba has plenty to offer and would love to be part of the conversation," Cullen writes.
   
• Sept. 14, 2023: Cullen texts Ryan Klos, deputy minister of Environment and Climate, asking: "How are we doing with Sio draft?" in reference to the province issuing a draft project licence for Sio Silica to review.
  
  Klos replies: "Review is going well, and staff are on-track to share draft with Sio tomorrow. Will let you know tomorrow to confirm when shared. Let me know if helpful to chat." They stay in regular contact in the following days.

• Sept. 15, 2023: The department provides a draft licence to Sio Silica for feedback and to work through the conditions recommended by the Clean Environment Commission.
   
• Sept. 25, 2023: Representatives of the department and Sio Silica meet to discuss the draft licence. Afterward, Klos texts Cullen: "Good meeting today … clarified and concerns addressed." In response, Cullen texts: "Perfect! Everybody happy?" Klos replies:"Yes … everyone seemed good and appreciative."
  
  While Somji isn't at that meeting, he later says he was told the department advised they were working toward getting a recommendation to the director about the licence by Oct. 6, 2023, and that he assumed the recommendation would be positive, based on the draft licence being issue.                                                
• Oct. 3, 2023: The governing Progressive Conservatives are defeated in Manitoba's general election. Cabinet ministers of the defeated government stay in office during the transition until the incoming NDP government is sworn in — a period governed by the caretaker convention.

'I am working on it. Just hang in there'

• Oct. 4, 2023: The day after the election, the Conflict of Interest Act comes into force, applying to everyone who was a cabinet minister on and after that date, including Stefanson, Cullen, Wharton and Johnson.
  
  Early that morning, David Filmon — a member of the Sio Silica board of directors well-known for his connections with the Progressive Conservative Party, and a close, longtime friend of Stefanson's — texts Cullen. "Can we have a quick chat today?" he asks, which he later says was to inquire about the approval process for the Sio Silica licence.
  
  Filmon says Cullen tells him there is a "possibility" the licence will be issued before the NDP government is sworn in. Cullen then texts deputy minister Klos to ask about the permit.

• Oct. 5, 2023: Filmon texts Cullen, asking: "Is everything still on track for tomorrow? Obviously a lot of anxiety on our end." Cullen replies: "I am working on it. Just hang in there."
  
  Shortly after, Cullen calls Klos and is told the department will not issue the licence until the incoming NDP government has been briefed.
  
  The same day, Cullen directs Kathryn Gerrard, clerk of the executive council, to see whether the NDP transition team would be comfortable with the licence being issued before they're sworn in. He also asks her to look into options in the event the incoming government was not on board.
  
  At 5:33 p.m., Stefanson calls Cullen — at which point the ethics commissioner later finds they were both aware the director wouldn't issue the licence, and had agreed to explore other options to have it issued.

'Did we get it done today Cliff?'

Oct. 6, 2023: At a regularly scheduled transition team meeting, Kinew's chief of staff, Mark Rosner, is briefed on the Sio Silica matter, leaving with the impression the licence approval was moving forward "possibly as soon as that day" — to which he objected.

At another briefing later that day, Rosner says he'll take the information back to Kinew to confirm the incoming government's position.

Deputy ministers in attendance later tell Wharton and Cullen the NDP government was not consenting to issuing the licence during the transition period, and executive council clerk Gerrard also cautions Cullen the outgoing government can't issue the licence on its own because of the caretaker convention.

Later that afternoon, Gerrard gets an email from a provincial department in response to Cullen's request to find "options" to proceed with the licence. The email outlines section 11.1 of The Environment Act, which allows the minister of the department to review and make decisions about Class 2 licences in the place of the director. The email also notes that section of the act has never been used before.

The same day, the department prepares a communication action plan stating the project licence had been issued.

At 1:37 p.m., Filmon texts Cullen: "Did we get it done today Cliff?"

Over two hours later, after Cullen speaks with Gerrard, he replies to Filmon: "Apparently the bureaucracy failed to mention to me there would be a different outcome on issuing if the NDP won. Makes me look bad. I feel sick. Working on some options with Kathryn [Gerrard]. Will have more on Tuesday."

The ethics commissioner later finds by the end of the day, public servants within the department determined they wouldn't take further steps to issue the licence until the new government was sworn in. "The same, however, cannot be said about the elected officials," the commissioner says.

'Good morning, It is messy'

Oct. 10, 2023: At the next transition team meeting, Rosner confirms the incoming government opposes issuing the licence during the transition period. Gerrard shares that information with Cullen.

Later that afternoon, in response to Cullen's request for "options," Gerard forwards the email about section 11.1 to Cullen.

Shortly after, Cullen calls Stefanson. During a 42-minute call, he tells her the NDP opposes issuing the licence during the transition period and explains the section 11.1 option to her.

They agree they would share the information about that option with Wharton, "with the intention that he act on that information," the commissioner later finds.

Just after noon that day, Filmon texts Cullen: "Any update Cliff? Hope you had a nice Thanksgiving weekend!" Cullen does not respond.
 

Oct. 11, 2023: As of this date, members of the public service begin "to receive more pressure from ministers within the outgoing PC government to prepare to use the section 11.1 option," the ethics commissioner later finds.

At 4:23 a.m., Filmon texts Cullen again: "Just checking in again thanks." Cullen replies at 7 a.m.: "Good morning, It is messy. Bottom line, it is up to the NDP. I will keep you posted." 

'You do you'

Oct. 12, 2023: The day efforts to have the Sio Silica licence issued "come to a head," the ethics commissioner later finds.

At 3:46 p.m., Shandy Walls, a Sio Silica lobbyist, sends Rosner, Kinew's chief of staff, a text with a GIF of Tina Fey giving herself a high-five and the question "Yes?" Minutes later, Stefanson calls Cullen and they speak for roughly 10 minutes.

The same day, Cullen calls Wharton, telling him about the NDP's opposition to issuing the licence during the transition period and giving him details about the section 11.1 process.

Wharton offers to contact Kevin Klein, then the minister of environment and climate, to ask him to approve the licence. He also offers to contact Rochelle Squires, Klein's first acting minister, to give the approval if Klein refuses.

Wharton calls both, and both refuse to approve the licence. (Wharton later says when he asked Klein whether he would be OK with him phoning Squires and asking her to approve the licence, Klein replied, "you do you.")

At 5:37 p.m., immediately after his call with Wharton, Klein calls Stefanson. He leaves a voicemail asking her to call him and sends her a text: "We need to talk ASAP. Silica thing is out of control." Klein then leaves Cullen a similar voicemail.

At 10:12 p.m., Stefanson texts Kelvin Goertzen and Ron Schuler, the PC MLAs for Steinbach and Springfield-Ritchot.


She writes: "Hi guys. Sorry to bother you but a very serious issue just came across my desk today where Jeff Wharton tried to ram through sio silica permit using ministerial authority. I have diffused [sic] everything. But we need to chat. Derek was involved and I'm not sure I can trust him moving forward. If you have time to talk tonight I am up for another 20 mins. Otherwise we can chat tomorrow thx h."

The ethics commissioner later writes: "While I cannot speak to Ms. Stefanson's intentions in sending the text message to her colleagues, I find that its contents and her subsequent explanation about it are not consistent with her conduct that preceded this message.

Specifically, they are not consistent with the fact that she and Mr. Cullen had had a discussion on October 10 about sharing the section 11.1 option with Mr. Wharton.

I also note that, at the time of Ms. Stefanson's text message, the plan to use the section 11.1 option had failed and that Mr. Klein had expressed considerable upset in response to Mr. Wharton's request."

A new government in place

• Oct. 18, 2023: The incoming NDP government is officially sworn in.
   
• Jan. 12, 2024: NDP caucus chair Mike Moyes, the MLA for Riel, files complaints with the ethics commissioner against Stefanson and Wharton. He later files complaints against Cullen and Johnson, too.
   
• May 6, 2024: Heather Stefanson resigns her seat as MLA for Tuxedo, after previously stepping down as party leader after losing government.
   
• May 21, 2025: Ethics commissioner Jeffrey Schnoor releases his final report on his investigation.
   
• May 22, 2025: Progressive Conservative Manitoba Opposition Leader Obby Khan strips Wharton, the only one of the three MLAs fined who is still in office, of his critic duties,  but says Wharton will remain in caucus.