First

Session, 46th General Assembly

Elizabeth II, 2008

BILL 14

AN ACT TO AMEND THE

LOBBYIST REGISTRATION ACT

Received and Read the First Time ...................................................................................................

Second Reading .................................................................................................................................

Committee ............................................................................................................................................

Third Reading .....................................................................................................................................

Royal Assent ......................................................................................................................................

HONOURABLE

JEROME P. KENNEDY, Q.C.

Minister of Justice and Attorney General

Ordered

to be printed by the Honourable House of Assembly

EXPLANATORY

NOTES

This Bill would amend the Lobbyist Registration Act.

Clause 1 of the Bill would define the

bodies with respect to the City of St. John's that are to be included in the

Act and would amend the

definitions of "lobby" and "public

office holder" to extend the provisions of the Act to the St. John's

Municipal Council, the City of St. John's and entities controlled by the city.

Clause 2 of the Bill would amend

section 4 of the Act to add the exemptions currently contained in the Lobbyist Registration Exemption Regulations to

the Act and extend the non-application provisions of the Act to activities as

related to the St. John's Municipal Council, the City of St. John's and

entities controlled by the city.

Clauses 3 and 4 of the Bill would amend

sections 5 and 6 of the Act to require lobbyist return information to include

similar or equivalent activities as related to the St. John's Municipal Council,

the City of St. John's and entities controlled by the city.

Clause 5 of the Bill would amend the

Act to extend the one year lobbying restriction currently applying to government

former public-office holders to equivalent positions in the St. John's Municipal

Council, the City of St. John's and entities controlled by the city in relation

to lobbying public office holders of the St. John's Municipal Council, the City

of St. John's and entities controlled by the city.

Clause 6 of the Bill would amend

section

21 of the Act to change "governmental institution" to "public

institution" to recognize the inclusion in the Act of the St. John's

Municipal Council, the City of St.

John's , and entities

controlled by the city.

Clause 7 of the Bill of the Act would

repeal the Lobbyist Registration

Exemption Regulations as a consequence of the amendment proposed in clause

2 of the Bill .

Clause 8 of the Bill would bring the

Act into force on January 1, 2009 .

A BILL

AN ACT TO AMEND THE LOBBYIST REGISTRATION

ACT

Analysis

S.2 Amdt.

Interpretation

S.4 Amdt.

Non-application of Act

3. S.5 Amdt.

Consultant lobbyist

4. S.6 Amdt.

In-house lobbyist

5. S.20.1 Added

Former public-office holder

6. S.21 Amdt.

Confidential information

NLR 35/07 Rep.

Commencement

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

SNL2004 cL-24.1

as amended

(1) Paragraph 2(1 )(

a) of the Lobbyist Registration Act is repealed

and the following substituted:

(a) "city" means the City of St. John's as

defined in the City of St. John's Act and

includes a city-controlled entity;

(a.1) "city-controlled entity" means an

entity that has 50% or more of its issued and outstanding shares vested in the

city or that has the appointment of a majority of its board of directors made

or approved by council and includes the St. John's Transportation Commission

and St. John's Sports and Entertainment Limited;

(a.2) "council" means the St. John's

Municipal Council as referred to in

section 5 of the City of St. John's Act ;

(a.3) "councillor" means a member of

council and includes the mayor and the deputy mayor;

(a.4) "Crown" means the Crown in right of

the province;

(2) The Act is amended by repealing paragraph 2(1 )(

c) and substituting

the following:

(c) "lobby" means to communicate with a

public-office holder for remuneration or other gain, reward or benefit, in an attempt

to influence

(

i) the development of

a legislative proposal by the government of the province or by a member of the

House of Assembly,

(ii) the development of a rule, regulation or

by-law by council,

(iii) the introduction of a bill or resolution in

the House of Assembly or the passage, defeat or amendment of any bill or

resolution that is before the House of Assembly,

(iv) the introduction of a rule, regulation or

by-law in council or the passage, defeat or amendment of a rule, regulation or

by-law that is before council,

(

v) the making, amendment or repeal of a

subordinate legislation as defined in the Statutes

and Subordinate Legislation Act ,

(vi) the development, amendment or termination of a

policy or program of the government of the province or of the city or council,

(vii) a decision by the Executive Council to

transfer from the Crown for consideration all or part of, or an interest in or

asset of, a business, enterprise or institution that provides goods or services

to the Crown or to the public,

(viii) a decision by the city or council to transfer

from the city for consideration all or part of, or an interest in or asset of,

a business, enterprise or institution that provides goods or services to the

city or to the public,

(ix) a decision by the Executive Council, a

committee of the Executive Council or a minister of the Crown to have the

private sector instead of the Crown provide goods or services to the Crown,

(

x) a decision by the city or council to have the

private sector instead of the city provide goods or services to the city,

(xi) the awarding of a grant, contribution or other

financial benefit by or on behalf of the Crown, the city or council,

(xii) the awarding of a contract by or on behalf of

the Crown, the city or council,

(xiii) arranging a meeting between a public-office

holder and another person,

(xiv) public-office holders relating to the

procurement of goods and services,

(xv) public-office holders relating to the terms of

a tender or request for proposals or other procurement solicitation prior to

the awarding of that tender or the acceptance of the request for proposals or

other procurement solicitation,

(xvi) public-office holders relating to the terms of

a contract, the choice of a contractor, or the administration, implementation

or enforcement of a contract, or

(xvii) the appointment of a public official;

(3) Paragraph 2(1 )(

f) of

the Act is amended by adding immediately after subparagraph (

i) the following:

(i.1) a member of council,

(i.2) an officer, director or employee of the city,

(i.3) a member of the board of a citycontrolled

entity and the chief executive officer, officers, directors and employees of

that entity,

2. (1) Subsection 4(1) of the Act is amended

by deleting the word "and" at the end of paragraph (

p) and by adding

immediately after that paragraph the following:

(p.1) an officer, director or employee of the

Memorial University of Newfoundland;

(p.2) an officer, trustee or employee of a school

board elected or appointed under the Schools

Act, 1997 ; and

(2) Subsection 4(2) of the Act is amended by deleting

the word "or" at the end of paragraph (

d) and by adding immediately

after that paragraph the following:

(d.1) an oral or written submission made to a member

of council in his or her role as a councillor by a constituent of the councillor

or on behalf of a constituent of the councillor;

(3) Subsection 4(2) of the Act is amended by

deleting the period at the end of paragraph (

e) and substituting a semi-colon

and the word "or", and by adding immediately after that paragraph the

following:

(

f) a communication made to a public office holder

by a trade union with respect to the administration or negotiation of a

collective agreement or matters related to the representation of a member or a

former member of a bargaining unit who is or was employed with the city.

3. (1) Subsection 5(4) of the Act is amended

by adding immediately after paragraph (

f) the following:

(f.1) where the client is funded, in whole or in

part, by the city, the name of the funder and the amount of funding received by

the client from the city;

(2) Subsection 5(4) of the Act is amended by repealing

paragraph (

g) and substituting the following:

(

g) the name and business address of an entity or

organization, other than a government, a government agency or the city, that,

to the knowledge of the consultant lobbyist, contributed, during the entity's

or organization's fiscal year that precedes the filing of the return, $1000 or

more toward the consultant lobbyist's activities on behalf of the client;

(3) Paragraph 5(4 )(

k) of

the Act is amended by adding immediately after the word and comma

"regulation," the word and comma "bylaw,".

(4) Paragraph 5(4)(

l) of the Act is amended by

adding immediately after the words and comma " Auditor General Act, "

the phrase and comma "or a department of the city,".

(5) Paragraph 5(4 )(

m) of

the Act is amended by deleting the word "and" at the end of

subparagraph ( i ), by deleting the semicolon at the

end of subparagraph (ii) and substituting a comma, and by adding immediately

after that subparagraph the following:

(iii) has lobbied a member of council in the member's

capacity as councillor during the period for which the return is filed, and

(iv) expects to lobby a member of council in the member's

capacity as councillor during the next following 6 month period;

4. (1) Subsection 6(4) of the Act is amended

by adding immediately after paragraph (

e) the following:

(e.1) where the organization is funded, in whole or

in part, by the city, the name of the funder, and the amount of funding received

by that organization from the city ;

(2) Subsection 6(4) of the Act is amended by

repealing paragraph (

f) and substituting the following:

(

f) the name and business address of an entity or

organization, other than a government, a government agency or the city, that,

to the knowledge of the senior officer, contributed, during the entity's or

organization's fiscal year that precedes the filing of the return, $1000 or

more toward the lobbying activities of the organization's in-house lobbyists;

(3) Paragraph 6(4 )(

k) of

the Act is amended by adding immediately after the word and comma

"regulation," the word and comma "bylaw,".

(4) Paragraph 6(4)(

l) of the Act of the Act is

amended by adding immediately after the word and comma " Auditor General Act, " the phrase and comma "or a department of the city,".

(5) Paragraph 6(4 )(

m) of

the Act is amended by deleting the word "and" at the end of

subparagraph ( i ), by deleting the semi colon at the

end of subparagraph (ii) and substituting a comma, and by adding immediately

after that subparagraph the following:

(iii) has lobbied a member of council in the

member's capacity as councillor during the period for which the return is

filed, and

(iv) expects to lobby a member of council in the member's

capacity as councillor during the next following 6 month period;

5. The Act is amended by adding immediately after

section 20 the following:

Former public-

office holder

20.1

(1) Notwithstanding

subsection 20(1), a person who is a former public-office holder under subparagraphs

2(1)(f)(i.1) to (i.3), shall not, for a period of 12 months after that person

ceased to be a public-office holder, lobby as a consultant lobbyist or an

in-house lobbyist, a public-office holder described in subparagraphs 2(1)(f)(i.1)

to (i.3).

(2) Subsection (1) shall apply only where a person

has held the following positions:

(

a) member of council;

(

b) chief executive officer; or

(

c) other positions designated by the

Lieutenant-Governor in Council.

6. Paragraph 21(

a) of the Act is amended by deleting

the words "governmental institution" and substituting the words

"public institution".

NLR 35/07 Rep.

7. The Lobbyist

Registration Exemption Regulation s are repealed.

Commencement

8. This Act shall come into force on January 1, 2009 .

Earl G. Tucker, Queen's Printer