LOBBYISTS 1 B I L L No. 120

An Act respecting Lobbying TABLE OF CONTENTS

PART I Preliminary Matters 1

Short title 2

Interpretation 3 Crown bound 4 Application of Act

PART II Regulation of Lobbyists’ Activities 5

Interpretation of

Part 6 Returns by consultant lobbyist 7 Returns by in-house lobbyist 8 Form and content of returns 9 Prohibitions on former public office holders lobbying 10 Prohibitions respecting contracting 11 Payment information 12 Submission of documents in electronic or other form

PART III Registrar and Registry 13 Delegation of registrar’s powers 14 Registry 15 Public access to registry 16 Storage of documents and use of documents as evidence 17 Directions 18 Investigations 19 Report 20 Administrative penalty 21 Certificate re administrative penalty 22 Confidentiality 23 Immunity 24 Non-compellability

PART IV General 25 Offences and penalties 26 Limitation of prosecutions 27 Appeal to Court of Queen’s Bench 28 Regulations 29 Coming into force (Assented to ) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Saskatchewan, enacts as follows:

PART I Preliminary Matters

Short title 1 This Act may be cited as The Lobbyists Act.

Interpretation 2(1) In this Act: (a) “client” means an individual or organization on whose behalf a consultant lobbyist undertakes to lobby; (b) “consultant lobbyist” means an individual who, for payment, undertakes to lobby on behalf of a client;

LOBBYISTS 2 (c) “Crown” means the Crown in right of Saskatchewan; (d) “designated filer” means: (

i) a consultant lobbyist; or (ii) in the case of an organization that has an in-house lobbyist: (

A) the most senior officer of the organization who receives payment for performing his or her functions; or (

B) if there is no senior officer, the most senior in-house lobbyist of the organization; (e) “former public office holder” means: (

i) a former member of the Executive Council and any individual formerly employed on the former member’s staff, other than an individual employed in the former member’s constituency office or as administrative support staff; (ii) a former member of the Legislative Assembly; (iii) any individual who: (

A) was formerly a permanent head, as defined in The Public Service Act, 1998; or (

B) formerly occupied the position of associate deputy minister, assistant deputy minister or a position of comparable rank in a ministry; or (iv) any individual or category of individuals who formerly occupied a prescribed position in a government institution; (f) “government institution” means a government institution as defined in The Freedom of Information and Protection of Privacy Act ; (g) “grassroots communication” means appeals to members of the public through the mass media or by direct communication that seek to persuade members of the public to communicate directly with a public office holder in an attempt to place pressure on the public office holder to endorse a particular opinion; (h) “in-house lobbyist” means an employee, an officer or a director of an organization: (

i) who is paid for performing his or her functions; and (ii) whose lobbying activity or duty to lobby on behalf of the organization or an affiliate of the organization, either alone or together with other individuals in the organization or the affiliate: (

A) is performed or is required to be performed for at least 100 hours annually, as the case may be, as calculated in the prescribed manner; or (

B) otherwise meets the prescribed criteria;

LOBBYISTS 3 (i) “lobby” means, subject to subsection 4(2): (

i) in relation to either a consultant lobbyist or an in-house lobbyist, to communicate with a public office holder in an attempt to influence: (

A) the development of any legislative proposal by the Government of Saskatchewan, a government institution or a member of the Legislative Assembly; (

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

C) the development or the enactment of any regulation within the meaning of The Regulations Act, 1995 or any order in council; (

D) the development, establishment, amendment or termination of any program, policy, directive or guideline of the Government of Saskatchewan or a government institution; (

E) the awarding, amendment or termination of any grant, contract or financial benefit by or on behalf of the Government of Saskatchewan or a government institution; (

F) a decision by the Executive Council or a minister of the Crown to transfer from the Crown for consideration all or part of, or any interest in or asset of, any business, enterprise or institution that provides goods or services to the Crown or a government institution or to the public; or (

G) a decision by the Executive Council or a minister of the Crown to have the private sector instead of the Crown provide goods or services to the Government of Saskatchewan; (ii) in relation to a consultant lobbyist, to arrange a meeting between a public office holder and any other individual; and (iii) in relation to an in-house lobbyist, to arrange a meeting between a public office holder and any other individual for the purposes of attempting to influence any of the matters mentioned in subclause (i); (j) “local authority” means a local authority as defined in The Local Authority Freedom of Information and Protection of Privacy Act ; (k) “minister” means the member of Executive Council to whom for the time being the administration of this Act is assigned; (l) “ministry” means a department, ministry, secretariat, office or other similar agency of the executive government of Saskatchewan; (m) “organization” includes any of the following, whether incorporated, unincorporated, a partnership or a sole proprietorship: (

i) a person other than a person on whose behalf a consultant lobbyist undertakes to lobby; (ii) an organization or institution engaged in a business, trade, industry, enterprise or a professional or voluntary activity; (iii) a union or labour organization;

LOBBYISTS 4 (iv) a chamber of commerce or board of trade; (

v) a non-profit organization, association, society, coalition or interest group; (vi) a government other than the Government of Saskatchewan; (n) “payment” means, except in

section 11 but subject to

section 10, money or anything of value and includes a contract, promise or agreement to pay money or anything of value, but does not include a reimbursement of expenses; (o) “prescribed” means prescribed in the regulations; (p) “public office holder” means: (

i) a member of Executive Council and any individual on that member’s staff; (ii) a member of the Legislative Assembly and any individual on that member’s staff; (iii) an employee of a ministry; (iv) any person appointed by the Lieutenant Governor in Council or by a member of the Executive Council; (

v) a public officer as defined in The

Interpretation Act, 1995; and (vi) an employee, officer, director or member, as the case may be, of a government institution; (q) “registrar” means the conflict of interest commissioner appointed pursuant to The Members’ Conflict of Interest Act and includes: (

i) any acting conflict of interest commissioner appointed pursuant to that Act; and (ii) any individual to whom the registrar has delegated any of the registrar’s powers pursuant to

section 13; (r) “registry” means the registry required pursuant to

section 14; (s) “undertaking” means, with respect to a consultant lobbyist, an undertaking to lobby on behalf of a client.

(2) For the purposes of this Act, the following are not considered to be consultant lobbyists or in-house lobbyists when acting in their official capacity: (

a) members of the Legislative Assembly and members of the Executive Council and any individuals on the staff of any of those members; (

b) officers and employees of the Legislative Assembly Service as defined in The Legislative Assembly and Executive Council Act, 2007 ; (

c) members of the public service appointed pursuant to The Public Service Act, 1998; (

d) employees, officers, directors and members of a government institution; (

e) any other prescribed individuals or category of individuals.

(3) For the purposes of this Act, a consultant lobbyist engaged by a government institution or local authority is considered to be a consultant lobbyist.

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(4) 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 corporation.

(5) For the purposes of this Act, persons are associated or affiliated with each other if they are associated or affiliated within the meaning of The Business Corporations Act. Crown bound 3 The Crown is bound by this Act. Application of Act 4(1) This Act does not apply to any of the following when acting in their official capacity: (

a) members of the Senate or House of Commons of Canada, the legislative assembly of another province, the council or legislative assembly of a territory, or individuals on the staff of any of those members; (

b) employees of the Government of Canada or of the government of another province or of a territory; (

c) officers, directors or employees of a local authority; (

d) officers, directors or employees of the Saskatchewan Urban Municipalities Association, the Saskatchewan Association of Rural Municipalities or the Saskatchewan School Boards Association; (

e) officers or employees of the Métis Nation – Saskatchewan Secretariat Inc.; (

f) officers or employees of the Federation of Saskatchewan Indian Nations; (

g) members of the council of an Indian band as defined in the Indian Act (Canada), individuals on the staff of any of those members or employees of any of those councils; (

h) diplomatic agents, consular officers or official representatives in Canada of a foreign government; (

i) officers, directors or employees of an entity mentioned in subclause 2(1)(m)(

v) that: (

i) is not constituted to serve management, union or professional interests; and (ii) does not have a majority of members that are profit-seeking enterprises or representatives of profit-seeking enterprises; (

j) officials of a specialized agency of the United Nations in Canada or officials of any other international organization to whom privileges and immunities are granted by or pursuant to

an Act of the Parliament of Canada; (

k) a person acting as a volunteer who does not receive a payment; (

l) any other prescribed individuals or categories of individuals.

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(2) This Act does not apply with respect to a submission made in any manner as follows: (

a) in proceedings that are a matter of public record to a committee of the Legislative Assembly or to any body or person having jurisdiction or powers conferred by or pursuant to

an Act; (

b) to a public office holder by an individual on behalf of a person or organization concerning: (

i) the enforcement,

interpretation or application of any Act or regulation by the public office holder with respect to the person or organization; or (ii) the implementation or administration of any program, policy, directive or guideline by the public office holder with respect to the person or organization; (

c) to a public office holder by an individual on behalf of a person or organization in response to a request initiated by a public office holder for advice or comment on any matter mentioned in subclause 2(1)(i)(i); (

d) to a member of the Legislative Assembly in his or her capacity as a member of the Legislative Assembly by a constituent of the member, unless the submission concerns the introductio