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2015 Legislative Session: 4th Session, 40th Parliament

FIRST READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

MR. LEONARD KROG

BILL M 209 – 2015

LOBBYIST REGISTRY REFORM ACT, 2015

This Act makes amendments to the Lobbyists Registration Act that strengthen requirements to ensure that lobbying is done ethically and transparently.

This Bill restricts organizations who are publicly funded from pursuing lobbying activities,

legislates a cooling off period of two years for public office holders, their staff,

and advisors, and ensures that all interested third parties who are invested in the

lobbying act are defined. This Bill also calls for a review of the lobbying act every

five years.

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the

Province of British Columbia, enacts as follows:

Definitions

Section 1 (1) of the Lobbyists Registration Act, S.B.C. 2001 c. 42 is amended:

(

a) by adding the following definition:

"designated public office holder" means

(

a) a minister of the Crown or a minister of state, or a parliamentary secretary,

(

b) a ministerial assistant,

(

c) a ministerial advisor,

(

d) any other public office holder who, in a ministry within the meaning of the definition

"ministry" in

section 1 of the Financial Administration Act ,

(

i) occupies the senior executive position, whether by the title of deputy minister,

chief executive officer or by some other title, or

(ii) is an associate deputy minister or an assistant deputy minister or occupies

a position of comparable rank;

Ban on publicly funded lobbyists

2 The Lobbyists Registration Act, S.B.C. 2001 c. 42 is amended by adding the following

section:

2.3

(1) No organization to which this

section applies shall engage a lobbyist to provide

lobbyist services where the compensation for the services is paid,

(

a) in the case of an organization referred to in clause (2) (b), from public funds;

(

b) in the case of an organization referred to in clause (2) (a),

(

i) from public funds, or

(ii) from revenues generated by the organization.

Application

(2) This

section applies to,

(

a) every agency of the Government of British Columbia;

(

b) every public sector organization which

(

i) is predominately publicly funded and,

(ii) governed by appointees of the Lieutenant Governor in Council.

Restrictions on former public office holders lobbying

3 The Lobbyists Registration Act, S.B.C. 2001 c. 42 is amended by adding the following

section:

2.4

(1) Former designated public office holders as defined by the Lobbyists Registration Act shall not lobby for a period of 24 months after leaving office;

(2) Former public office holders may apply to the registrar to be exempt from subsection (1).

Content of return and third party disclosure

Section 4 of the Lobbyists Registration Act, S.B.C. 2001 c. 42 is amended by the

following:

(

a) Amending subsection (1) to the following:

(1) Each designated filer under

section 3 must make reasonable inquiries to include

the following information as applicable:

(

b) Striking out subsection (1) (

a) and replacing it with the following:

(

a) the name and business address of the lobbyists, and the name of the firm of the

lobbyists, if any, where the lobbyist is engaged in business;

(

c) Striking out subsection (1) (

b) and replacing it with the following:

(

b) in the case of a consultant lobbyist, the date on which the undertaking with

the client was entered into and is scheduled to terminate;

(

d) Striking out subsection (1) (

c) and replacing it with the following:

(

c) the name of each individual the lobbyist is engaged to lobby;

(

e) Adding subsection (1) (c.1) with the following:

(c.1) the public office held by the individual being lobbied, and the name of any

member of the Legislative Assembly or of any minister to whom the individual is responsible;

(

f) Adding subsection (1) (e.1) with the following:

(e.1) the name and business address of persons or organizations that control or direct

the lobbying activities;

(

g) Adding subsection (1) (e.2) with the following:

(e.2) the name and business address of persons or organizations, if any, that have

a direct interest in the outcome of the lobbying, including persons that fund or direct

the activities of an organization or client represented in a lobbying effort;

(

h) Amending subsection (1) (

k) by striking out " or expects to lobby ",

(

i) Amending subsection (1) (

l) by striking out " or expects to lobby ",

(

j) Amending subsection (1) (

m) by striking out " or expects to lobby ",

Five year review report

5 The Lobbyists Registration Act, S.B.C. 2001 c. 42 is amended by adding the following

section:

(1) The registrar may, at any time, prepare a special report concerning any matter

within the scope of the powers, duties and functions of the registrar every 5 years

beginning at the time this act commences;

(2) the report shall also receive public input and assess whether the Lobbyists Registration Act is meeting its objectives, and recommendations for changes where needed;

(3) the registrar shall submit report of the review to the Speaker of the Legislative

Assembly, who shall lay the report before the Assembly if it is then sitting or, if

it is not then sitting, within 15 days after the commencement of the next sitting.

Explanatory Note

This Act makes amendments to the Lobbyists Registration Act that strengthen requirements to ensure that lobbying is done ethically and transparently.

This Bill restricts organizations who are publicly funded from pursuing lobbying activities,

legislates a cooling off period of two years for public office holders, their staff,

and advisors, and ensures that all interested third parties who are invested in the

lobbying act are defined. This Bill also calls for a review of the lobbying act every

five years.

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c) Queen's Printer, Victoria, British Columbia, Canada