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Statutes of Newfoundland and Labrador 2004


Statutes of Newfoundland and Labrador 2004 Chapter L-24.1

CHAPTER L-24.1

AN ACT TO PROVIDE FOR THE REGISTRATION OF LOBBYISTS

(Assented to December 16, 2004)

Analysis

1. Short title

2. Interpretation

3. Purpose

4. Non-application of Act

PART I
LOBBYISTS

5. Consultant lobbyist

6. In-house lobbyist

PART II
REGISTRATION

7. Appointment of registrar

8. Registration required

9. Registry

10. Filing of returns, information or documents

11. Certification of returns or documents

12. Form of storage of returns and documents

13. Verification of information

14. Registrar may refuse

15. Registrar may remove return

16. Advisory opinions and interpretation bulletins

17. Delegation of registrar's powers and duties

18. Confidentiality order

PART III
PROHIBITED ACTS

19. Registration required

20. Former public-office holder

21. Confidential information

22. Gifts prohibited

PART IV
COMMISSIONER OF LOBBYISTS AND CODE OF CONDUCT

23. Commissioner of Lobbyists

24. Annual report

25. Code of conduct

26. Compliance with code of conduct

27. Violations of Act or code

PART V
DISCIPLINARY MEASURES

28. Prohibition or cancellation

29. Appeal

30. Report to authorities

PART VI
OFFENCE AND PENALTY

31. Offences and penalties

32. Indemnity

PART VII
GENERAL

33. Regulations

34. Fees and forms

35. Transitional

36. 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

2. (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

4. (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; or

(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

5. (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, $1,000 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

6. (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, $1,000 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 a 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

12. (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

14. (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

15. (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; or

(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

16. (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

17. (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

18. (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.

20. (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; or

(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.

22. (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

23. (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

24. (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

25. (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

27. (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

28. (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

29. (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

31. (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 and, for a second or subsequent offence, to a fine of not more than $100,000.

(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

33. (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