Bill 212 — Fifth Session, 23Rd Legislature, 46 Elizabeth Ii the Legislative Assembly of Alberta Bill 212 Lobbyists Registration Act Mrs. Burgener (Legislature 23, Session 5)

L23 S5 1112

Alberta — Bills

1997 BILL 212 Fifth Session, 23rd Legislature, 46 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 212 LOBBYISTS REGISTRATION ACT MRS. BURGENER First Reading Second Reading Committee of the Whole Third Reading Royal Assent

Bill 212 Mrs. Burgener BILL 212 1997 LOBBYISTS REGISTRATION ACT (Assented to , 1997)

PART 1

INTERPRETATION AND APPLICATION D efinitions 1(1) In this Act, (a) "Ethics Commissioner" means the Ethics Commissioner appointed under the Conflicts of Interest Act; (b) "Minister" means the Minister determined under

section 16 of the Government Organization Act as the Minister responsible for this Act; (c) "municipality" means a municipality as defined in the Municipal Government Act, (d) "organization" includes (

i) a business, trade, industry or professional or voluntary organization, (ii) a trade union or employee organization, (iii) a chamber of commerce or board of trade, 1

(iv) a partnership, association, society, coalition or interest group whether organized for profit or not-for-profit, (

v) a government, other than the Government of Alberta, and (vi) a corporation; (e) "payment" means money or anything of value and includes a contract, promise or agreement to pay money or anything of value; (f) "prescribed" means prescribed by the regulations; (g) "public office holder" means (

i) a Minister and that Minister's executive assistant, and (ii) a member of the Legislative Assembly; (h) "registrar" means the registrar appointed pursuant to

section 10.

(2) For the purposes of this Act, a corporation is a subsidiary of another corporation if (

a) securities of the corporation to which are attached more than 50% of the votes that may be cast to elect directors of the corporation are held, otherwise than by way of security only, directly or indirectly, whether through one or more subsidiaries or otherwise, by or for the benefit of the other corporation, and (

b) the votes attached to those securities are sufficient, if exercised, to elect a majority of the directors of the first- mentioned corporation. B inds the C row n 2 This Act binds the Crown in the right of Alberta. R estriction on application 3(1) This Act does not apply to any of the following persons when acting in their official capacity, namely, (

a) a member of the Senate or the House of Commons or any 2

person on the staff of that member; (

b) a member of the Legislative Assembly of a province or territory other than the Province of Alberta or any person on the staff of that member; (

c) an employee of the government of Canada or the government of a province or territory including the Province of Alberta; (

d) a member of a council or other statutory body charged with the administration of the civil or municipal affairs of a municipality, persons on the staff of such members or officers or employees of a municipality.

(2) This Act does not apply in respect of (

a) any oral or written submission made to a committee of the Legislative Assembly or to any body or person having jurisdiction or powers conferred by or under

an Act, in proceedings that are a matter of public record, (

b) any oral or written submission made to a public office holder by an individual on behalf of any person or organization with respect to the enforcement,

interpretation or application of any Act or regulation thereunder by that public office holder and with respect to that person or organization, or (

c) any oral or written submission made to a public office holder by an individual on behalf of any person or organization in direct response to a written request from a public office holder, for advice or comment about any matter referred to in any of

section 4(1)(

a) to (f), 5(2) or 6(2).

(3) Nothing in this Act shall be construed as requiring the disclosure of the name or identity of any individual where that disclosure could reasonably be expected to threaten the safety of that individual.

PART 2 REGISTRATION OF LOBBYISTS 3

C onsultant Lobbyists 4(1) Every individual who, for payment, on behalf of any person or organization (in this

section referred to as the "client"), undertakes to communicate with a public office holder in an attempt to influence (

a) the development of any legislative proposal by the Government of Alberta or by a member of the Legislative Assembly, (

b) the introduction of any Bill or resolution in the Legislative Assembly or the passage, defeat or amendment of any Bill or resolution that is before the Legislative Assembly, (

c) the making or amendment of any regulation, (

d) the development or amendment of any policy or program of the Government of Alberta, (

e) the awarding of any grant, contribution or other financial benefit by or on behalf of the Government of Alberta, (

f) the awarding of any contract by or on behalf of the Government of Alberta, or shall, not later than 10 days after entering into that undertaking, file with the registrar, in the prescribed form and manner, a return setting out the information referred to in subsection (2).

(2) The return must set out the following information with respect to the undertaking: (

a) the name and business address of the individual and, if applicable, the name and business address of the firm where the individual is engaged in business; (

b) the name and business address of the client and the name and business address of any person or organization that, to the knowledge of the individual, controls or directs the activities of the client and has a direct interest in the outcome of the individual's activities on behalf of the client; (

c) where the client is a corporation, the name and business address of each subsidiary of the corporation that, to the 4

knowledge of the individual, has a direct interest in the outcome of the individual's activities on behalf of the client; (

d) where the client is a corporation that is a subsidiary of any other corporation, the name and business address of that other corporation; (

e) particulars to identify the subject-matter in respect of which the individual has undertaken to communicate with a public office holder and such other information respecting the subject-matter as is prescribed; (

f) the name of any public office holder with whom the individual has communication or expects to communicate; (

g) such other information relating to the identity of the individual, the client, any person or organization referred to in clause (b), or any subsidiary referred to in clause (

c) or (

d) as is prescribed.

(3) An individual who files a return referred to in subsection (1), shall provide the registrar, in writing and as soon as practicable in the circumstances, with any changes to the information contained in the return.

(4) An individual who files a return shall provide the registrar, in the prescribed form and manner, with such information as the registrar may request to clarify any information that the individual has provided to the registrar pursuant to this section, and shall do so not later than 30 days after the request is made.

(5) This

section does not apply in respect of anything that an employee undertakes to do on the sole behalf of their employer or, where their employer is a corporation, in respect of anything that the employee, at the direction of the employer, undertakes to do on behalf of any subsidiary of the employer or any corporation of which the employer is a subsidiary.

(6) For greater certainty, an individual who undertakes to communicate with a public office holder as described in subsection (1)(

a) to (

f) is required to file only one return under subsection (1) notwithstanding that the individual may, in connection with that undertaking, communicate with one or more public office holders on one or more occasions. 5

In-H ouse lobbyists 5(1) In this section, "employee" includes an officer who is compensated for the performance of their duties.

(2) Where a person or organization employs an individual a significant part of whose duties as an employee is to communicate with public office holders on behalf of the employer or, where the employer is a corporation, on behalf of any subsidiary of the employer or any corporation of which the employer is a subsidiary, in an attempt to influence any of the matters referred to in

section 4(1)(

a) to (f), the employee shall file with the registrar, in the prescribed form and manner and at the time or times required by subsection (3), a return setting out the information referred to in subsection (4).

(3) An employee to whom subsection (2) applies shall file a return (

a) where the duties described in subsection (2) commenced to be a significant part of their duties before the date on which that subsection comes into force, within 2 months after that date; (

b) where the duties described in subsection (2) commence to be a significant part of their duties on or after that date, within 2 months after the date on which those duties commence to be a significant part of their duties, and (

c) within 2 months after the end of each financial year of the employer, or if the employer does not have a financial year, within 2 months after the end of each calendar year, beginning with the financial year or calendar year, as the case may be, in which the employee is required to file a return pursuant to clause (

a) or (b).

(4) The return shall set out the following information: (

a) the name and business address of the employee; (

b) the name and business address of the employer; (

c) where the employer is a corporation, the name and business address of each subsidiary of the corporation that, to the knowledge of the employee, has a direct interest in the outcome of the employee's activities on behalf of the 6

employer; (

d) where the employer is a corporation that is a subsidiary of any other corporation, the name and business address of that other corporation; (

e) a description in

summary form of the employer's business or activities and such other information to identify the employer's business or activities as is prescribed; (

f) where the employee is attempting to influence any matter described in section (4)(

a) to (

f) at the time the return is filed, particulars to identify the relevant subject-matter and such other information respecting the subject-matter as is prescribed. (

g) the name of any public office holder with whom the employee has communicated or expects to communicate, in connection with any matter referred to in clause (f);

(5) An employee who files a return shall provide the registrar, in the prescribed form and manner, with any change to the information provided by the employee in the return, and any information required to be provided under subsection (4) the knowledge of which the employee acquired only after the return was filed as soon as practicable.

(6) An employee who files a return shall advise the registrar, in the prescribed form and manner, if the duties described in subsection (2) cease to be a significant part of their duties or they cease to be employed by the employer, and shall do so as soon as practicable after the event.

(7) An employee who files a return shall provide the registrar, in the prescribed form and manner, with such information as the registrar may request to clarify any information that the employee has provided to the registrar pursuant to this section, and shall do so not later than 30 days after the request is made. In-house lobbyists (organizations) 6(1) In this section, (a) "employee" includes an officer who is compensated for the performance of their duties; 7

(b) "senior officer", in respect of an organization, means the most senior officer of the organization who is compensated for the performance of his duties.

(2) Where an organization employs one or more individuals any part of whose duties is to communicate with public office holders on behalf of the organization in an attempt to influence any of the matters referred to in

section 4(1)(

a) to (f), the senior officer of the organization shall, if those duties constitute a significant part of the duties of one employee or would constitute a significant part of the duties of one employee were those duties to be performed by only one employee, file with the registrar, in the prescribed form and manner and at the time or times required by subsection (3), a return setting out the information referred to in subsection (4).

(3) The senior officer of the organization shall file a return (

a) where, on the date on which subsection (2) comes into force, the organization employs one or more individuals whose duties are as described in that subsection, within 2 months after that date and thereafter within 30 days after the expiration of each 6 month period after the date of filing, and (

b) where, on that date, the organization does not employ any individual whose duties are as described in that subsection, within 2 months after the date on which the organization first commences to employ such an individual and thereafter within 30 days after the expiration of each 6 month period after the date of filing.

(4) The return shall set out the following information: (

a) the name and business address of the senior officer; (

b) the name and business address of the organization; (

c) a description in

summary form of the organization's business or activities and such other information to identify its business or activities as is prescribed; (

d) the name of each employee of the organization whose duties include those described in subsection (2); (

e) where an employee is attempting to influence any matter 8

described in section (4)(

a) to (

f) at the time the return is filed, particulars to identify the relevant subject-matter and such other information respecting the subject-matter as is prescribed; (

f) the name of any public office holder with whom any employee has communicated or expects to communicate in connection with any matter referred to in clause (e); (

g) such other information as is prescribed.

(5) The senior officer of an organization in respect of which a return is filed shall advise the registrar, in the prescribed form and manner, if an employee who has been identified in the return ceases to perform duties described in subsection (2) or ceases to be employed by the organization, and shall do so as soon as practicable after the event.

(6) The senior officer of an organization in respect of which a return is filed shall provide the registrar, in the prescribed form and manner, with such information as the registrar may request to clarify any information that has been provided to the register pursuant to this section, and shall do so not later than 30 days after the request is made.

PART 3 GENERAL REGISTRY Appointment of registrar 7 The Minister may designate a person as registrar. Registry 8(1) The registrar shall establish and maintain a registry in which shall be kept a record of all returns and other documents submitted to the registrar under this Act.

(2) The registry shall be organized in such manner and kept in such form as the registrar may determine and as prescribed.

(3) The registrar may verify the information contained in any return or other document submitted to the registrar under this Act.

(4) The registry shall be open to public inspection at such place and 9

at such reasonable hours as the registrar may determine.

Interpretation bulletins 9(1) The registrar may issue advisory opinions and

interpretation bulletins with respect to the enforcement,

interpretation or application of this Act other than under sections 13 to 17.

(2) The advisory opinions and

interpretation bulletins are not regulations for the purposes of the Regulations Act and are not binding. C ertification 10 Every individual who submits a return or other document to the registrar pursuant to this Act shall certify on the return or other document or, where it is submitted in electronic or other form in accordance with

section 11, in such manner as is specified by the registrar, that the information contained in it is true to the best of that individual's knowledge and belief. S ubm ission of docum ents 11(1) Subject to the regulations, any return or other document that is required to be submitted to the registrar under this Act may be submitted in electronic or other form by such means and in such manner as is specified by the registrar.

(2) For the purposes of this Act, any return or other document is submitted in accordance with subsection (1) is deemed to be received by the registrar at the time provided for in the regulations. S torage 12(1) Subject to the regulations, any return or other document that is received by the registrar may be entered or recorded by any information storage device, including any system of mechanical or electronic data processing, that is capable of reproducing the stored return or other document in intelligible form within a reasonable time.

(2) In any prosecution for an offence under this Act, a copy of a return or other document that is reproduced as permitted by subsection (1) and certified under the registrar's signature as a true copy is admissible in evidence without proof of the signature or official character of the person appearing to have signed the copy and, in the absence of evidence to the contrary, has the same probative force as the original would have if it were proved in the ordinary way. 10

Code of Conduct Lobbyists' Code of Conduct 13(1) The Ethics Commissioner shall develop a Lobbyists' Code of Conduct respecting the activities described in sections 4(1), 5(2) and 6(2).

(2) In developing the Code, the Ethics Commissioner shall consult persons and organizations that the Ethics Commissioner considers are interested in the Code.

(3) The Code shall be published in The Alberta Gazette. Compliance with Code 14(1) The following individuals shall comply with the Code: (

a) an individual who is required to file a return under

section 4(1) or 5(2), and (

b) an individual who, in accordance with

section 6(4)(d), is named in a return filed under

section 6(2). Investigation of breaches 15(1) Where the Ethics Commissioner believes on reasonable grounds that a person has breached the Code, the Ethics Commissioner shall investigate to determine whether a breach has occurred.

(2) When conducting an inquiry under this section, the Ethics Commissioner has the powers, privileges and immunity of a commissioner under the Public Inquiries Act.

(3) The investigation shall be conducted in private.

(4) Before finding that a person has breached the Code, the Ethics Commissioner shall give the person a reasonable opportunity to present the person's views to the Ethics Commissioner.

(5) The Ethics Commissioner, and every person acting on behalf of or under the direction of the Ethics Commissioner, shall not disclose any information that comes to their knowledge in the performance of their duties and functions under this section, unless 11

(

a) the disclosure is, in the opinion of the Ethics Commissioner, necessary for the purpose of conducting an investigation under this

section or establishing the grounds for any findings or conclusions contained in a report under

section 16, or (

b) the information is disclosed in a report under

section 16 or in the course of a prosecution for an offence under

section 131 of the Criminal Code (Canada) in respect of a statement made to the Ethics Commissioner. R eport 16(1) After conducting an investigation, the Ethics Commissioner shall prepare a report of the investigation, including the findings, conclusions and reasons for the Ethics Commissioner's conclusions, and submit it to the Minister who shall cause a copy of it to be laid before the Legislative Assembly on any of the first 15 days on which the Legislative Assembly is sitting after it is received by the Minister.

(2) The report may contain details of any payment received, disbursement made or expense incurred by an individual who is required to file a return under

section 4(1) or 5(2) or by an individual who, in accordance with

section 6(4)(d), is named in a return filed under

section 6(2), in respect of any matter referred to in

section 4(1)(

a) to (f), if the Ethics Commissioner considers publication of the details to be in the public interest. A nnual R eport 17 The Ethics Commissioner shall, within 3 months after the end of each fiscal year, prepare a report with regard to the exercise of the powers, duties and functions conferred on the Ethics Commissioner under this Act during the fiscal year and submit the report to the Minister who shall cause a copy of it to be laid before the Legislative Assembly on any of the first 15 days on which the Legislative Assembly is sitting after it is received by the Minister.

A nnual report 18 The registrar shall, within 3 months after the end of each fiscal year, prepare a report with regard to the administration of this Act, other than sections 13 to 17, during that fiscal year and submit the report to the Minister. R egulations 19 The Minister may make regulations 12

(

a) requiring a fee to be paid on the filing of a return or a return of a class of returns under

section 4, 5 or 6, or for any service performed or the use of any facility provided by the registrar, and prescribing the fee or the manner of determining it; (

b) respecting the submission of returns or other documents to the registrar under this Act, including those that may be submitted in an electronic or other form under

section 11, the persons or classes of persons by whom they may be submitted in that form and the time at which they are deemed to be received by the registrar; (

c) respecting the entering or recording of any return or other document under

section 12; (

d) prescribing any matter or thing that by this Act is to be or may be prescribed; (

e) generally for carrying out the purposes and provisions of this Act. Offence 21 Any person who (

a) contravenes any provision of this Act, other than

section 14, or the regulations, or (

b) knowingly makes any false or misleading statement in any return or other document submitted to the registrar under this Act, whether in electronic or other form, is guilty of an offence and liable to a fine of not more than $5 000. P roclam ation 22 This Act comes into force on Proclamation. 13 Title: 1997 (23rd, 5th) Bill 212, Lobbyists Registration Act

Document details

Collection	Alberta — Bills
Citation	L23 S5 1112
Type	bill
Volume / chapter	L23 S5 1112
Language	en
Format	json
Source	PROVINCIAL
Identifier	5df4e13c59da33aff482db15d7bd1c6918694e93

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