First Session, 45th

General Assembly

53 Elizabeth II,

BILL 43

AN ACT TO PROVIDE FOR THE

REGISTRATION

OF LOBBYISTS

Received

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

Second

Reading ..............................................................................................

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

December 15, 2004 Amendment

Third

Reading .................................................................................................

Royal

Assent ...................................................................................................

HONOURABLE

THOMAS

W. MARSHALL , QC

Minister of Justice

and Attorney General

Ordered to be printed by

the Honourable House of Assembly

EXPLANATORY NOTE

The purpose of the Bill is set out in

the

Long Title.

A BILL

AN ACT TO PROVIDE FOR THE REGISTRATION OF

LOBBYISTS

Analysis

Short title

Interpretation

Purpose

Non-application of Act

PART

LOBBYISTS

Consultant lobbyist

In-house lobbyist

PART

REGISTRATION

Appointment of registrar

Registration required

Registry

Filing of returns, information or

documents

Certification of returns or documents

Form of storage of returns and documents

Verification of information

Registrar may refuse

Registrar may remove return

Advisory opinions and

interpretation

bulletins

Delegation of registrar's powers and

duties

Confidentiality order

PART

III

PROHIBITED ACTS

Registration required

Former public-office holder

Confidential information

Gifts prohibited

PART

COMMISSIONER OF LOBBYISTS AND CODE OF CONDUCT

Commissioner of Lobbyists

Annual report

Code of conduct

Compliance with code of conduct

Violations of Act or code

PART

DISCIPLINARY MEASURES

Prohibition or cancellation

Appeal

Report to authorities

PART

OFFENCE AND PENALTY

Offences and penalties

Indemnity

PART

VII

GENERAL

Regulations

Fees and forms

Transitional

Commencement

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

Short title

1. This

Act may be cited as the Lobbyist

Registration Act .

Interpretation

(1) In

this Act,

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

the province;

(b) "grass-roots 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, but does not include communication between

an organization and its members, officers or employees or between a person or

partnership and its shareholders, officers or employees;

(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 any legislative proposal by

the government of the province or by a member of the House of Assembly,

(ii) the introduction of any 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,

(iii) the making, amendment or repeal of any

subordinate legislation as defined in the Statutes

and Subordinate Legislation Act ,

(iv) the development, amendment or termination of

any policy or program of the government of the province,

(

v) a decision by the Executive Council 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 to the public,

(vi) 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,

(vii) the awarding of any grant, contribution or

other financial benefit by or on behalf of the Crown,

(viii) the awarding of any contract by or on behalf

of the Crown,

(ix) arranging a meeting between a public-office

holder and any other person,

(

x) public-office holders relating to the

procurement of goods and services,

(xi) 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,

(xii) 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

(xiii) the appointment of any public official;

(d) "officer of the House of Assembly"

means the Speaker of the House of Assembly, the Clerk of the House of Assembly,

the Chief Electoral Officer, the Auditor General of Newfoundland and Labrador,

the Commissioner of Members' Interests and a position designated to be an

officer of the House of Assembly by the Act creating the position;

(e) "organization" means

(

i) a business, trade, industry, professional or

voluntary organization,

(ii) a trade union or labour organization,

(iii) a chamber of commerce or board of trade,

(iv) an association, a charitable organization, a

coalition or an interest group,

(

v) a corporation without share capital

incorporated to pursue, without financial gain to its members, objects of a

national, provincial, territorial, patriotic, religious, philanthropic,

charitable, educational, agricultural, scientific, artistic, social, professional,

fraternal, sporting or athletic character or other similar objects,

and includes a person or partnership;

(f) "public-office holder" includes

(

i) a member or an officer of the House of

Assembly or any person on the staff of a member or officer of the House of

Assembly,

(ii) a person who is appointed to any office or

body by or with the approval of the Lieutenant-Governor in Council or a

minister of the Crown, other than

(

A) a judge or a justice of the peace,

(

B) a member of an administrative tribunal

exercising a judicial function, and

(

C) notwithstanding paragraph (d), the Citizens'

Representative, the Information and Privacy Commissioner and the Child and

Youth Advocate;

(iii) an officer, director or employee of an agency

of the Crown as defined by paragraph 2(1)(

a) of the Auditor General Act , or

(iv) any officer or employee of the Crown, or any

employee of an officer or minister, not otherwise referred to in paragraphs

(ii) and (iii), and

(

v) for greater certainty, a public-office holder

referred to in this paragraph includes a person appointed as:

(

A) a school board trustee,

(

B) a school board director or assistant director,

(

C) a member of the board continued under the Health Care Association Act ,

(

D) a member of a hospital board under the Hospitals Act ,

(

E) a member of the St. John's Nursing

Home Board under the Hospitals Act ,

and

(

F) a chief executive officer, director or

assistant director acting under the authority of the Acts referred to in

clauses (

C) to (E); and

(g) "registrar" means the registrar of

lobbyists appointed under

section 7.

(2) For the purpose of this Act, a corporation is

a subsidiary of another corporation if

(

a) the 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.

(3) Nothing in this Act shall be construed as

requiring the disclosure of the name or identity of any person if that

disclosure could reasonably be expected to threaten the safety of that person.

(4) For greater certainty, "contributed"

in paragraphs 5(4)(

g) and 6(4)(

f) includes a contribution in kind and does not

include a membership fee payment.

Purpose

3. The

purpose of this Act is to recognize that:

(

a) free and open access to government is an

important matter of public interest;

(

b) lobbying public-office holders is a legitimate

activity when appropriately conducted;

(

c) it is desirable that public-office holders and

the public be able to know who is attempting to influence government; and,

(

d) a system for the registration of paid

lobbyists should not impede access to government.

Non-application

of Act

(1) This Act does not apply to the following persons when acting in

their official capacity:

(

a) a member or officer of the House of Assembly

or any person on the staff of a member or officer of the House of Assembly;

(

b) members, officers or servants of the Senate or

House of Commons of Canada, the legislative assembly of another province or territory

of Canada or persons on the staff of those members;

(

c) employees in the public service of the

province as defined in the Public Service

Commission Act ;

(

d) employees or agents of the Government of

Canada or of the government of another province or

territory of

Canada ;

(

e) members of a council or other statutory body

charged with the administration of the civil or municipal affairs of a regional

municipality, town or local service district, including persons employed by

those members or officers or employees of a regional municipality, town or

local service district;

(

f) an officer, director or employee of the

Newfoundland and

Labrador Federation of Municipalities or the Combined Councils of Labrador;

(

g) an officer, director or employee of the

Newfoundland and

Labrador School Boards' Association;

(

h) an officer, director or employee of the

Newfoundland and

Labrador Health Care Association under the Health Care Association Act ;

(

i) an officer, director or employee of a hospital

board or the St. John's Nursing Home Board under the Hospitals

Act ;

(

j) members of the council of a band as defined in

subsection 2(1) of the Indian Act

(Canada) or of the council of an Indian band established by

an Act of the

Parliament of Canada, persons on the staff of those members or employees of the

council;

(

k) an officer, director or employee of an

aboriginal government;

(

l) an officer, director or employee of an

aboriginal political organization;

(

m) diplomatic agents, consular officers or

official representatives in Canada of

a foreign government;

(

n) officials of a specialized agency of the

United Nations in Canada or officials of any other international organization

to whom there are granted, by or under any Act of the Parliament of Canada,

privileges and immunities;

(

o) a person acting as an unpaid volunteer;

(

p) officers, directors or employees of

organizations established or funded by

government to provide information or advice on matters of public policy; and

(

q) those other persons or classes of persons that

may be prescribed by the Lieutenant-Governor in Council.

(2) This Act does not apply to

(

a) any oral or written submission made in

proceedings that are a matter of public record to a committee of the House of Assembly

or to any body or person having jurisdiction or powers conferred by or under an

Act;

(

b) any oral or written submission made to a

public-office holder by a person on behalf of a person, partnership or organization

with respect to

(

i) the enforcement,

interpretation or application

of any Act or regulation made under any Act by that public-office holder with

respect to that person, partnership or organization, or

(ii) the implementation or administration of any

policy, program, directive or guideline by that public-office holder with

respect to that person, partnership or organization;

(

c) any written submission made to a public-office

holder by a person on behalf of a person, partnership or organization, in direct

response to a written request from a public-office holder for advice or comment

with respect to any matter referred to in paragraph 2(1)(c);

(

d) any oral or written submission made to a

member of the House of Assembly in his or her role as a Member of the House of

Assembly by a constituent of the member or on behalf of a constituent of the

member unless the submission concerns the introduction, passage or amendment in

the House of Assembly of a private bill for the special benefit of that constituent;

(

e) any 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

former member of a bargaining unit who is or was employed in the public service

as defined in the Public Service

Commission Act .

PART I

LOBBYISTS

Consultant

lobbyist

(1) In this section,

(a) "consultant lobbyist" means a person

who, for remuneration, or other gain, reward or benefit, undertakes to lobby on

behalf of a client; and

(b) "undertaking" means an undertaking

by a consultant lobbyist to lobby on behalf of a client.

(2) A consultant lobbyist shall file a return with

the registrar

(

a) within 10 days after commencing performance of

an undertaking; and

(

b) within 30 days after the expiration of each 6

month period after the date of filing the previous return.

(3) Where, on the coming into force of this

section, a consultant lobbyist is performing an undertaking, he or she shall

file a return with the registrar not later than 10 days after this

section

comes into force.

(4) A consultant lobbyist shall set out in the

return the following information with respect to the undertaking:

(

a) his or her name and business address and,

where applicable, the name and business address of the firm where he or she is

engaged in business;

(

b) the name and business address of the client if

applicable and the name and business address of any person, partnership or organization

that, to the knowledge of the consultant lobbyist, controls or directs the

activities of the client and has a direct interest in the outcome of the

consultant lobbyist'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

knowledge of the consultant lobbyist, has a direct interest in the outcome of

the consultant lobbyist'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) where the client is a coalition, the name and

business address of each partnership, corporation or organization that is a

member of the coalition;

(

f) where the client is funded, in whole or in

part, by a government or a government agency, the name of the government or

government agency, as the case may be, and the amount of funding received by

the client from that government or government agency;

(

g) the name and business address of any entity or

organization, other than a government or a government agency, 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;

(

h) the name and business address of any person

who, to the knowledge of the consultant lobbyist, made a contribution described

in paragraph (

g) on behalf of an entity or organization described in that

paragraph;

(

i) the subject-matter with respect to which the

consultant lobbyist

(

i) has lobbied for during the period for which

the return is filed, and

(ii) expects to lobby for the next following 6

month period

and any other information respecting that

subject matter which may, by regulation, be required;

(

j) where applicable, whether the payment to the

consultant lobbyist is, in whole or in part, contingent on the consultant lobbyist's

degree of success in lobbying;

(

k) particulars to identify any relevant

legislative proposal, bill, resolution, regulation, policy, program, decision,

grant, contribution, financial benefit or contract;

(

l) the name of any department of the government

of the province or an agency of the Crown, as defined by paragraph 2(1)(

a) of

the Auditor General Act , in which any

public-office holder is employed or serves whom the consultant lobbyist

(

i) has lobbied for the period during which the

return is filed, and

(ii) expects to lobby for the next following 6

month period;

(

m) whether the consultant lobbyist has lobbied or

expects to lobby a member of the House of Assembly in the member's capacity as

a member or a person on the staff of a member of the House of Assembly;

(

n) where the consultant lobbyist has undertaken

to lobby, the techniques of communication, including grass-roots communication,

that the consultant lobbyist has used or expects to use to lobby; and

(

o) the additional information that may be

required by the regulations, with respect to the identity of a person or entity

described in this section.

(5) A consultant lobbyist shall provide the

registrar with any change to the information in his or her return and any

information required to be provided under subsection (4), the knowledge of

which the consultant lobbyist acquired only after the return was filed, not

later than 30 days after the change occurs or the knowledge is acquired.

(6) A consultant lobbyist shall advise the

registrar

(

a) that he or she has completed an undertaking

with respect to which he or she has filed a return or that the undertaking has

been terminated no later than 30 days after the completion or termination of

the undertaking; or

(

b) that he or she has ceased to be a consultant

lobbyist no later than 30 days after ceasing to be a consultant lobbyist.

(7) A consultant lobbyist shall provide the

registrar with any information that may be required by the regulations to

clarify the information that he or she has provided to the registrar under this

section not later than 30 days after the registrar makes the request.

In-house lobbyist

(1) In this section,

(a) "employee" includes an officer who

is compensated for the performance of his or her duties;

(b) "in-house lobbyist" means a person

who is employed by an organization

(i) 20% of whose duties as an employee, as

assessed in a 3 month period, are to lobby on behalf of that organization, or

(ii) a part of whose duties as an employee is to

lobby on behalf of that organization if the employee's duties to lobby together

with the duties of other employees to lobby would constitute 20 % of time at

work of one full time employee, assessed in a 3 month period, were those duties

to lobby to be performed by only one employee; and

(c) "senior officer" means the most

senior officer of the organization who is compensated for the performance of

his or her duties.

(2) The senior officer of an organization which employs

an in-house lobbyist shall file a return with the registrar

(

a) within 10 days after the day on which that

person becomes an in-house lobbyist; and

(

b) within 30 days after the expiration of each 6

month period after the date of filing the previous return.

(3) Where, on the coming into force of this

section, an organization employs an in-house lobbyist, the senior officer of

the organization shall file a return with the registrar within 10 days after

the day on which this

section comes into force and after that in accordance

with paragraph (2)(b).

(4) The senior officer of the organization shall

set out in the return 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 any other information required by the

registrar to identify its business or activities;

(

d) a general description of the membership of the

organization, including the names of the directors and officers of the organization;

(

e) where the organization is funded, in whole or

in part, by a government or government agency, the name of the government or

government agency, as the case may be, and the amount of funding received by

that organization from that government or government agency;

(

f) the name and business address of any entity or

other organization, other than a government or government agency, 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;

(

g) the name and business address of any person

who, to the knowledge of the senior officer, made a contribution described in

paragraph (

f) on behalf of an entity or organization described in that

paragraph;

(

h) the name of each in-house lobbyist employed by

the organization;

(

i) where any in-house lobbyist is lobbying at the

time the return is filed, the subject-matter with respect to which the in-house

lobbyist is lobbying and any other information respecting the subject-matter that

may be required by regulation;

(

j) the subject-matter with respect to which the

in-house lobbyist

(

i) has lobbied during the period for which the

return is filed, and

(ii) expects to lobby during the next following 6

month period

and any other information with respect to

that subject-matter which may, by regulation, be required;

(

k) particulars to identify any relevant legislative

proposal, bill, resolution, regulation, policy, program, decision, grant, contribution

or financial benefit;

(

l) the name of any department of the government

of the province or an agency of the Crown, as defined by paragraph 2(1)(

a) of

the Auditor General Act , in which any

public-office holder is employed or serves whom any in-house lobbyist

(

i) has lobbied during the period for which the

return is filed, and

(ii) expects to lobby during the next following 6

month period;

(

m) whether any in-house lobbyist

(

i) has lobbied a member of the House of Assembly

in the member's capacity as a member or a person on the staff of a member of

the House of Assembly during the period for which the return is filed, and

(ii) expects to lobby a member of the House of

Assembly in the member's capacity as a member or a person on the staff of a

member of the House of Assembly during the next following 6 month period;

(

n) the techniques of communication, including

grass-roots communication, that any in-house lobbyist

(

i) has used to lobby during the period for which

the return is filed, and

(ii) expects to use to lobby during the next

following 6 month period;

(

o) the additional information that may be

required by the regulations with respect to the identity of person or entity described

in this section; and

(

p) the name of any in-house lobbyist who has

been identified in the last return filed and has ceased to be an in-house lobbyist

or to be employed by the organization.

(5) The senior officer shall provide the registrar

with any information that may be required by the regulations to clarify the

information that the senior officer has provided to the registrar under this

section

not later than 30 days after the registrar makes the request.

(6) This

section does not apply to anything that

an employee undertakes to do on the sole behalf of the employee's employer or,

where the employer is a corporation, with respect to 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.

PART II

REGISTRATION

Appointment of

registrar

7. The Lieutenant-Governor in Council shall appoint a person as the

registrar of lobbyists for the purpose of this Act.

Registration required

8. A

consultant lobbyist or an in-house lobbyist who lobbies a public-office holder

shall be registered in the registry of lobbyists with respect to those lobbying

activities.

Registry

9 .

(1) The registrar shall establish and maintain

a registry of lobbyists in which all returns filed under this Act, including

returns revised by other documents as submitted to the registrar, shall be

kept.

(2) The registry shall be organized in the manner

and kept in the form that the registrar shall determine.

(3) The registry shall be made available for

public inspection in the reasonable time and manner that the registrar shall

determine.

(4) For greater certainty, the registrar may make

the registry available electronically, including through the Internet.

(5) The registrar shall distribute to every person

who registers under this Act a copy of the Code of Conduct referred to in

section 25, and for greater certainty that distribution may include electronic

distribution.

Filing of

returns, information or documents

10 .

(1) Returns to be filed with the registrar and

information and other documents to be given to the registrar under this Act

shall be in a form approved by the registrar.

(2) Returns, information and other documents shall

be submitted to the registrar in a manner required by the registrar.

(3) The date on which the registrar receives a

return is the date on which the return is considered to have been filed for the

purpose of this Act.

(4) The date on which the registrar receives information

or a document other than a return is the date on which the information or

document is considered to have been provided to the registrar for the purpose

of this Act.

(5) Notwithstanding subsections (3) and (4), in

circumstances determined according to the regulations, a return, information or

another document is considered to have been received by the registrar on the

date determined according to the regulations.

Certification of

returns or documents

11. A person who submits a return or other document

to the registrar under this Act shall certify that the information contained in

it is true to the best of the person's knowledge and belief on the return or

other document or, where it is submitted in electronic or other form in accordance

with subsection 10(1), in the manner that is specified by the registrar.

Form of storage

of returns and documents

(1) Any return or other document which is received by the registrar

may be entered or recorded by any information storage device, including a system

of mechanical or electronic data processing, which 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 from an

information storage device referred to in 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.

Verification of

information

13. The registrar may verify the information contained in any return or

other document submitted to him or her under this Act.

Registrar may

refuse

(1) The registrar may refuse to accept any

return or other document submitted to him or her under this Act which does not

comply with this Act or the regulations or which contains information or statements

not requested in the return or other document.

(2) Where the registrar refuses to accept a return

or other document under subsection (1), the registrar shall inform the person

who submitted it of the refusal and the reason for the refusal in the manner

that the registrar determines.

(3) Notwithstanding the provisions of this Act

respecting times for filing a return or submitting another document, where a

return or other document is refused by the registrar under subsection (1) and

the person cannot reasonably submit another by the time set out in this Act for

filing or submitting it, the registrar may provide the person with a reasonable

extension of time to file another return or submit another document.

(4) Where the registrar accepts another return or

document within the extension of time referred to in subsection (3), the return

is considered to have been filed or the other document is considered to have

been submitted on the day on which the return or the other document that was

refused was received by the registrar.

Registrar may

remove return

(1) The registrar may remove a return from the registry if the person

who filed the return

(

a) fails to confirm the information contained in

it within the period required by subsection 5(6);

(

b) fails to advise the registrar of the matters

required by subsection 5(7) or 6(5) within the period required by the subsection;

(

c) fails to give the registrar any requested

information relating to the return within the period specified by this Act.

(2) The registrar shall notify a consultant

lobbyist or in-house lobbyist who has failed to meet the obligations referred

to under subsection (1) of the particulars of his or her failure, and if those

obligations have not been met within 5 days of that notification, the registrar

may then remove that lobbyists' return from the registry.

(3) When a return is removed from the registry,

the person who filed it is considered, for the purposes of the person's

existing and future obligations under this Act, not to have filed the return.

Advisory opinions

and

interpretation bulletins

(1) Except with respect to

Part IV of this Act, the registrar may

issue advisory opinions and

interpretation bulletins with respect to the

enforcement,

interpretation or application of this Act or the regulations and

regarding clarification and further notice of any additional information or documentation

that he or she may require under the authority of this Act and the regulations.

(2) Advisory opinions and

interpretation bulletins

issued under subsection (1) shall, to effect public notice, be published in

Part I of the Gazette.

(3) Advisory opinions and

interpretation bulletins

referred to in subsection (2) shall not be considered to be subordinate

legislation under the Statutes and

Subordinate Legislation Act .

Delegation of

registrar's powers and duties

(1) The registrar may delegate, in writing, any of his or her powers

or duties under this Act to a person employed in the registrar's office and may

authorize that person to delegate any of those powers or duties to another

person employed in that office.

(2) A delegation may be made subject to those

conditions and restrictions as the person making the delegation considers appropriate.

Confidentiality

order

(1) At

the request of a person who is required to register in the registry of

lobbyists, the Commissioner of Lobbyists may order that some or all of the

information contained in the return that is required to be filed for

registration purposes be kept confidential if the information relates to an

investment project of the client or enterprise concerned, the disclosure of which

may seriously prejudice the economic or financial interest of the client or

enterprise.

(2) Unless the Commissioner of Lobbyists extends

the order under subsection (1) at the request of the interested person for the

period determined by the Commissioner of Lobbyists, the confidentiality order

shall cease to have effect 6 months from the filing of the return concerned in

the registry of lobbyists.

(3) The Commissioner of Lobbyists shall send a

notice of a decision under subsections (1) and (2) to the registrar of

lobbyists, and the registrar shall ensure that the information is held as

confidential and not available to the public for the duration of the

commissioner's order.

PART III

PROHIBITED ACTS

Registration required

19. A

consultant lobbyist or in-house lobbyist shall not lobby a public-office holder

unless that person is registered in the registry of lobbyists with respect to

those lobbying activities.

Former public-office holder

(1) A

person who is a former public-office holder shall not lobby as a consultant

lobbyist or an in-house lobbyist for a period of 12 months after that person

has ceased to be a public-office holder.

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

has held the following positions:

(

a) Cabinet minister;

(

b) a member or officer of the House of Assembly;

(

c) a member of the executive staff, other than

the support staff, of the person holding the position referred to in paragraphs

(

a) or (b);

(

d) a deputy minister or chief executive officer;

(

e) other positions designated by the

Lieutenant-Governor in Council.

Confidential information

21. A

consultant lobbyist or in-house lobbyist shall not, in the course of lobbying

activities, disclose or use confidential information obtained

(

a) in or in connection with the previous exercise

of a public office, or to advise anyone on the basis of information that is not

available to the public concerning the governmental institution in which that

consultant lobbyist or in-house lobbyist held public office; or

(

b) in or in connection with the previous exercise

of a public office through a person with which the consultant lobbyist or

in-house lobbyist had significant and direct relations in the year preceding

the date on which the consultant lobbyist or in-house lobbyist ceased to hold a

public office in that institution.

Gifts prohibited

(1) A consultant lobbyist or in-house lobbyist shall not, in the course of lobbying

activities, give any gift or other benefit to the public office holder being or

intended to be lobbied.

(2) Subsection (1) does not apply to a gift or

other benefit that is given as an incident of the protocol or social

obligations that normally accompany the duties or responsibilities of office of

the public-office holder.

PART IV

COMMISSIONER OF LOBBYISTS AND CODE OF CONDUCT

Commissioner of

Lobbyists

(1) The Lieutenant-Governor in Council shall appoint a person under the great seal

to be the Commissioner of Lobbyists.

(2) The person appointed shall hold office during

good behaviour for a term of 5 years and may be reappointed for further terms.

(3) The person appointed as a commissioner may be

removed before the expiration of the term of office by the Lieutenant-Governor

in Council for cause.

(4) The commissioner shall be paid the remuneration

and allowances that are fixed by the Lieutenant-Governor in Council where he or

she is not receiving a salary paid out of the Consolidated Revenue Fund.

(5) The commissioner may, subject to the approval

of the Lieutenant-Governor in Council, appoint for the term and on the

conditions that the commissioner may determine, those employees and officers

that are necessary for the performance of the duties of the commissioner.

Annual report

(1) The commissioner shall report annually upon the affairs of his or her office through

the Speaker to the House of Assembly.

(2) The Speaker shall present the report to the

House of Assembly within 15 sitting days of receiving it.

(3) Where the House of Assembly is not in session

at the time a report is required to be presented under subsection (2),

section

19.1 of the House of Assembly Act

applies as if the plan were a report of an officer of the House of Assembly.

Code of conduct

(1) The

Lieutenant-Governor in Council shall develop a code of conduct for consultant

lobbyists and in-house lobbyists which shall detail the appropriate behaviour

of those lobbyists.

(2) The Commissioner of Lobbyists may, from time

to time, recommend changes regarding the code of conduct referred to in subsection

(1) to the Lieutenant-Governor in Council.

(3) The code of conduct shall be provided to every

consultant lobbyist and in-house lobbyist who registers under this Act.

(4) A code of conduct shall, for the purpose of

public notice, be published in

Part I of the Gazette.

Compliance with code

of conduct

26. A

consultant lobbyist and an in-house lobbyist shall comply with the code of conduct

referred to in

section 25.

Violations of Act

or code

(1) Where

the commissioner believes, on reasonable grounds that a provision of this Act

or of the code of conduct has been violated, he or she may investigate that

violation and where the commissioner believes there is sufficient reason to

proceed, may conduct an inquiry into that violation.

(2) The commissioner conducting an investigation

under subsection (1) has the same powers, privileges and immunities that are conferred

on a commissioner under the Public

Inquiries Act.

(3) The commissioner may appoint those inspectors

he or she considers necessary to investigate a violation referred to in

subsection (1).

(4) Investigators appointed under subsection

(3) shall have access to those documents or files that may be necessary to conduct

the investigation and may, at reasonable times and upon reasonable notice,

enter into those dwellings or places that are reasonably necessary to obtain

information to investigate a violation referred to in subsection (1).

PART V

DISCIPLINARY MEASURES

Prohibition or

cancellation

(1) Where

the commissioner determines that a consultant lobbyist or an in-house lobbyist

has gravely or repeatedly breached the obligations imposed by this Act, the

regulations or the code of conduct, the commissioner may

(

a) prohibit the registration of the consultant

lobbyist or in-house lobbyist in the registry of lobbyists; or

(

b) order the cancellation of all entries in the

registry concerning the consultant lobbyist or in-house lobbyist.

(2) A prohibition or cancellation referred to in

subsection (1) shall not exceed one year from the effective date of the decision

of the commissioner.

(3) Where a commissioner takes an action

contemplated under this section, he or she shall notify

(

a) the consultant lobbyist or in-house lobbyist

in question of the intended action, and provide that lobbyist with an opportunity

to respond and provide further information if required; and

(

b) where the registrar has notified the

consultant lobbyist or in-house lobbyist of his or her proposed action under

paragraph (

a) and provided that lobbyist with the opportunity to respond under

that paragraph, he or she shall, where the decision is taken to proceed under

subsection (1), notify the registrar in writing of the commissioner's final decision.

(4) Upon receiving a copy of the commissioner's

decision under paragraph (3)(b), the registrar shall take the action directed

by the commissioner.

(5) The registrar shall refuse to make any entry

in the registry concerning the consultant lobbyist or in-house lobbyist until

the expiry of any prohibition or cancellation period imposed by the registrar

under this section.

Appeal

(1) A consultant lobbyist or in-house lobbyist may, within 30 days of receiving

notice of a decision or order of the commissioner under this Act, appeal the

decision or order to the Trial Division.

(2) An appeal under this

section does not stay

the decision or order being appealed unless the Trial Division otherwise

orders.

Report to

authorities

30. In

addition to the disciplinary measures contemplated under this Part, where the

commissioner believes on reasonable grounds that a person has committed an

offence under this Act, the regulations or the code of conduct, he or she shall

advise a peace office having jurisdiction to investigate the alleged offence.

PART VI

OFFENCE AND PENALTY

Offences and penalties

(1) Every person who fails to comply with a provision of this Act is

guilty of an offence.

(2) Every person who knowingly makes a false or

misleading statement in a return or other document submitted to the registrar

under this Act is guilty of an offence.

(3) Every consultant lobbyist or in-house lobbyist

is guilty of an offence if, in the course of lobbying a public-office holder,

that lobbyist knowingly places the public-office holder in a position of real

or potential conflict of interest as described in subsection (4).

(4) A public-office holder is in a position of

conflict of interest for the purpose of subsection (3) if the public-office

holder engages in an activity which is prohibited as a conflict of interest

under the Conflict of Interest Act, 1995,

or, if the public-office holder is a member of the House of Assembly, an

activity which is prohibited as a conflict of interest under

Part II of the House of Assembly Act .

(5) A person who is guilty of an offence under

this

section is liable on

summary conviction, for a first offence, to a fine of

not more than $25,000 dollars and, for a second or subsequent offence, to a

fine of not more than $100,000 dollars.

(6) In addition to the penalty referred to in

subsection (5), the court may, where a person is guilty of an offence under

this section, confiscate the proceeds of lobbying which were improperly

obtained and direct that those proceeds be paid into the Consolidated Revenue

Fund.

(7) A proceeding with respect to an offence under

this

section shall not be commenced more than 2 years after the time when the

subject-matter of the proceeding arose.

Indemnity

32. A

person is not liable for anything done or omitted to be done in good faith in

the exercise or performance or intended exercise or performance of a power,

duty or function conferred under this Act.

PART VII

GENERAL

Regulations

(1) The Lieutenant-Governor in Council may make regulations

(

a) respecting the additional information which

may be required of a consultant lobbyist or an in-house lobbyist under paragraphs

5(4)(

j) and 6(4)(j);

(

b) respecting the additional information which

may be required with respect to the identities of persons or entities referred

to in paragraphs 5(4)(

o) and 6(4)(o);

(

c) respecting the clarification of information

under subsections 5(7) and 6(5);

(

d) respecting the entering or recording of any

return or other document under

section 10;

(

e) regarding the extension of time for filing a

return or other document under

section 14;

(

f) defining any word or expression not defined in

this Act; and

(

g) generally, to give effect to the purpose of

this Act.

(2) The regulations referred to in subsection

(1) are regulations within the meaning of the Statutes

and Subordinate Legislation Act.

Fees and forms

34 .

(1) The registrar may prescribe forms for the

purpose and administration of this Act.

(2) The registrar, with the approval of the

Minister of Justice, may set fees for the purpose and administration of this

Act.

(3) Notwithstanding subsection (2), the registrar

may, in his or her discretion, waive or reduce a fee for a return by an

in-house lobbyist where the registrar is satisfied that the applicant is unable

to pay the fee.

Transitional

35. Notwithstanding

another provision of this Act, where, upon the coming into force of this Act, a

consultant lobbyist or an in-house lobbyist is required by the registrar to

report his or her lobbying activities, the report shall describe those lobbying

activities from January 1, 2005 .

Commencement

36. This Act shall come into force on the day to be

proclaimed by the Lieutenant-Governor in Council.

Earl G. Tucker, Queen's Printer