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Volume 62, No. 23

235/2019

The British Columbia Gazette,

Part II

December 3, 2019

B.C. Reg. 235/2019 , deposited November 25, 2019, under the LOBBYISTS REGISTRATION AMENDMENT ACT, 2018 [section 27] and the LOBBYISTS REGISTRATION ACT [section 11]. Order in Council 596/2019, approved and ordered November 25, 2019.

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that, effective May 4, 2020,

(

a) sections 1, 2 (

a) and (

c) to (g), 3, 4 and 6 to 26 of the Lobbyists Registration Amendment Act, 2018, S.B.C. 2018, c. 52, are brought into force,

(

b) the Lobbyists Registration Regulation, B.C. Reg. 284/2002, is repealed, and

(

c) the attached Lobbyists Transparency Regulation is made.

— D. EBY, Attorney General ; S. SIMPSON, Presiding Member of the Executive Council .

LOBBYISTS TRANSPARENCY REGULATION

Contents

Definition

Prescribed positions – former public office holders

Prescribed Provincial entities

Prescribed criteria for relevant code of conduct

Prescribed criteria for determination of time

Prescribed amount for gift-giving prohibition

Prescribed amount for contributions toward lobbying activity

Prescribed information for registration return – intended outcome

Prescribed information for registration return – organization for relevant code of conduct

Prescribed positions – senior public office holders

Prescribed information for monthly return – date of gift or benefit and intended outcome

Receipt of returns or documents

Subsequent submission of returns and other documents

Prescribed provisions – monetary administrative penalties and prohibitions

Notice and service under the Act

Appendix

Definition

1 In this regulation, "Act" means the Lobbyists Transparency Act .

Prescribed positions – former public office holders

(1) For the purposes of paragraph (c) (iii) of the definition of "former public office holder" in

section 1 (1) [interpretation] of the Act, the following positions in a Provincial entity are prescribed:

(

a) the most senior or next most senior ranking executive position of a Provincial entity listed in the Appendix of this regulation;

(

b) the chair or vice chair of, or the equivalent position in, the governing body of a Provincial entity listed in the Appendix of this regulation.

(2) If more than one individual formerly occupied a position that is equivalent to a position referred to in subsection (1) (

a) or (b), each of those individuals is deemed to have occupied the position referred to in that subsection.

Prescribed Provincial entities

3 For the purposes of the definition of "Provincial entity" in

section 1 (1) of the Act,

(

a) subject to paragraph (b), the following Provincial entities are prescribed:

(

i) the Workers' Compensation Board;

(ii) the entities that make up the government reporting entity within the meaning of the Budget Transparency and Accountability Act , except the government as reported through the consolidated revenue fund, and

(

b) the Provincial entities listed in the Appendix of this regulation are prescribed when used for the purposes of the following provisions:

(

i) paragraph (c) (iii) of the definition of "former public office holder" in

section 1 (1) of the Act;

(ii)

section 1 (3) (

d) of the Act.

Prescribed criteria for relevant code of conduct

4 For the purposes of paragraph (

c) of the definition of "relevant code of conduct" in

section 1 (1) of the Act, the prescribed criterion is that there is an organization responsible for the administration of the code of conduct.

Prescribed criteria for determination of time

5 For the purposes of prescribing criteria under

section 11 (2) (a.6) [power to make regulations] of the Act for the determination of time spent lobbying under

section 1 (4) of the Act, the determination of time spent lobbying includes all time spent on activities, including preparation, that are directly related to carrying out a lobbying activity.

Prescribed amount for gift-giving prohibition

6 For the purposes of

section 2.4 (2) (b) [gift-giving prohibition] of the Act, the prescribed amount is $100.

Prescribed amount for contributions toward lobbying activity

7 For the purposes of

section 4 (1) (g.3) (i) [form and content of return] of the Act, the prescribed amount is $1 000.

Prescribed information for registration return – intended outcome

8 For the purposes of

section 4 (1) (

p) of the Act, the prescribed information is the intended outcome of each lobbying activity.

Prescribed information for registration return – organization for relevant code of conduct

9 For the purposes of

section 4 (1.2) (b) (ii) of the Act, the prescribed information is the name and contact information of the organization responsible for the administration of the relevant code of conduct.

Prescribed positions – senior public office holders

(1) Subject to subsection (2), for the purposes of paragraph (

h) of the definition of "senior public office holder" in

section 4.2 (1) [form and content of monthly returns] of the Act, the following positions are prescribed:

(

a) the most senior or next most senior ranking executive position of a Provincial entity;

(

b) the chair or vice chair of, or the equivalent position in, the governing body of a Provincial entity.

(2) If more than one individual occupies a position that is equivalent to a position referred to in subsection (1) (

a) or (b), each of those individuals is deemed to occupy the position referred to in that subsection.

Prescribed information for monthly return – date of gift or benefit and intended outcome

11 For the purposes of

section 4.2 (2) (

h) of the Act, the following information is

prescribed:

(

a) the date on which a gift or benefit referred to in

section 4.2 (2) (

g) of the Act was given and accepted or promised to be given, as applicable;

(

b) the intended outcome of each lobbying activity.

Receipt of returns or documents

(1) For the purposes of

section 6 (2) [submission of documents in electronic or other form] of the Act, a return or other document that is received by the registrar in electronic or other form is deemed to be received at the time it is date stamped by the office of the registrar.

(2) A return or other document that is received by the registrar in paper form by mail or physical delivery after 5 p.m. on a business day is deemed to be received on the next business day.

Subsequent submission of returns and other documents

(1) If a return or other document is submitted to, or filed with, the registrar and the return or other document requires correction,

section 7 (4) to (7) [designation and functions of registrar] of the Act applies to the refusal of the return or other document, which corrected return or other document is to be filed or submitted within the reasonable extension of time allowed by the registrar.

(2) Section 6 of the Act and

section 12 of this regulation apply if a return or other document referred to in subsection (1) of this

section is submitted in electronic or other form.

Prescribed provisions – monetary administrative penalties and prohibitions

14 For the purposes of

section 7.2 (2) [hearing and administrative penalty] of the Act, the following are prescribed provisions of the Act:

(

a) section 2.1 (2) [contracting prohibition] ;

(

b) section 2.2 [lobbying prohibition] ;

(

c) section 2.4 [gift-giving prohibition] ;

(d)

section 3 (1) and (3) [requirement to file return] ;

(e)

section 4 (1) and (1.2) [form and content of return] ;

(

f) section 4.1 [requirement to file monthly return] ;

(

g) section 4.2 [form and content of monthly returns] .

Notice and service under the Act

(1) Any notice or other thing that, under the Act, must be given to or served on a person may be given or served by registered mail sent to the last known address

of the person.

(2) If a notice or other thing under the Act is sent by registered mail to the last known address of the person, the notice or other thing is deemed to be given to or served on the person to whom it is addressed on the 14th day after deposit with Canada Post unless the person received actual service before that day.

Appendix

Item

Provincial Entity

A board of education or a francophone education authority, as defined in

section 1 (1) of the School Act

BC Financial Services Authority

BC Games Society

BC Immigrant Investment Fund Ltd.

B.C. Pavilion Corporation

BC Transportation Financing Authority

BCNET

British Columbia Assessment Authority

British Columbia Council for International Education

British Columbia Enterprise Corporation

British Columbia Housing Management Commission

British Columbia Hydro and Power Authority

British Columbia Institute of Technology

British Columbia Lottery Corporation

British Columbia Public School Employers' Association

British Columbia Railway Company

British Columbia Securities Commission

British Columbia Transit

Camosun College

Canadian Blood Services

Capilano University

College of New Caledonia

College of the Rockies

Columbia Basin Trust

Columbia Power Corporation

Community Living British Columbia

Community Social Services Employers' Association of British Columbia

Creston Valley Wildlife Management Authority Trust Fund

Crown Corporations Employers' Association

Destination BC Corp.

Douglas College

Emily Carr University of Art and Design

First Peoples' Heritage, Language and Culture Council

Forest Enhancement Society of British Columbia

Forest Innovation Investment Ltd.

Fraser Health Authority

Health Employers Association of British Columbia

Industry Training Authority

Innovate BC

Insurance Corporation of British Columbia

Interior Health Authority

Justice Institute of BC

Knowledge Network Corporation

Kwantlen Polytechnic University

Langara College

Legal Services Society

Louis Brier Home and Hospital

Menno Hospital

Mount St. Mary Hospital

Nechako-Kitamaat Development Fund Society

Nicola Valley Institute of Technology

Nis g a'a Valley Health Authority

North Island College

Northern Health Authority

Northern Lights College

Northwest Community College

Oil and Gas Commission

Okanagan College

Organized Crime Agency of British Columbia Society

Partnerships British Columbia Inc.

Post-Secondary Employers' Association

Providence Health Care Society

Provincial Health Services Authority

Provincial Rental Housing Corporation

Real Estate Council of British Columbia

Real Estate Foundation of British Columbia

Royal British Columbia Museum Corporation

Royal Roads University

Selkirk College

Simon Fraser University

St. Joseph's General Hospital

St. Michael's Centre

Thompson Rivers University

Trades Training Consortium of British Columbia

Transportation Investment Corporation

University of British Columbia

University of Northern British Columbia

University of the Fraser Valley

University of Victoria

Vancouver Coastal Health Authority

Vancouver Community College

Vancouver Island Health Authority

Vancouver Island University

Workers' Compensation Board

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