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Statutes of Newfoundland and Labrador 2008


CHAPTER 13

AN ACT TO AMEND THE LOBBYIST REGISTRATION ACT

(Assented to June 4, 2008)

Analysis


††††††† 1. S.2 Amdt.
Interpretation

††††††† 2. S.4 Amdt.
Non-application of Act

††††††† 3.†† S.5 Amdt.
Consultant lobbyist

††††††† 4.†† S.6 Amdt.
In-house lobbyist

††††††† 5.†† S.20.1 Added
Former public-office holder

††††††† 6.†† S.21 Amdt.
Confidential information

††††††† 7. NLR 35/07 Rep.

††††††† 8. Commencement


Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

SNL2004 cL-24.1 as amended

††††††† 1. (1) Paragraph 2(1)(a) of the Lobbyist Registration Act is repealed and the following substituted:

†††††††††††† (a)"city" means the City of St. Johnís as defined in the City of St. Johnís Act and includes a city-controlled entity;

††††††††† (a.1)"city-controlled entity" means an entity that has 50% or more of its issued and outstanding shares vested in the city or that has the appointment of a majority of its board of directors made or approved by council and includes the St. Johnís Transportation Commission and St. Johnís Sports and Entertainment Limited;

††††††††† (a.2)"council" means the St. John's Municipal Council as referred to in section 5 of the City of St. John's Act;

††††††††† (a.3)"councillor" means a member of council and includes the mayor and the deputy mayor;

††††††††† (a.4)"Crown" means the Crown in right of the province;

†††††††††††† (2)The Act is amended by repealing paragraph 2(1)(c) andsubstituting the following:

†††††††††††† (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 a legislative proposal by the government of the province or by a member of the House of Assembly,

†††††††††††††††††††† (ii)the development of a rule, regulation or by-law by council,

††††††††††††††††††† (iii)the introduction of a bill or resolution into the House of Assembly or the passage, defeat or amendment of any bill or resolution that is before the House of Assembly,

††††††††††††††††††† (iv)the introduction of a rule, regulation or by-law in council or the passage, defeat or amendment of a rule, regulation or by-law that is before council,

†††††††††††††††††††† (v)the making, amendment or repeal of subordinate legislation as defined in the Statutes and Subordinate Legislation Act,

††††††††††††††††††† (vi)the development, amendment or termination of a policy or program of the government of the province or of the city or council,

†††††††††††††††††† (vii)a decision by the Executive Council to transfer from the Crown for consideration all or part of, or an interest in or asset of, a business, enterprise or institution that provides goods or services to the Crown or to the public,

††††††††††††††††† (viii)a decision by the city or council to transfer from the city for consideration all or part of, or an interest in or asset of, a business, enterprise or institution that provides goods or services to the city or to the public,

††††††††††††††††††† (ix)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,

†††††††††††††††††††† (x)a decision by the city or council to have the private sector instead of the city provide goods or services to the city,

††††††††††††††††††† (xi)the awarding of a grant, contribution or other financial benefit by or on behalf of the Crown, the city or council,

†††††††††††††††††† (xii)the awarding of a contract by or on behalf of the Crown, the city or council,

††††††††††††††††† (xiii)arranging a meeting between a public-office holder and another person,

††††††††††††††††† (xiv)public-office holders relating to the procurement of goods and services,

†††††††††††††††††† (xv)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,

††††††††††††††††† (xvi)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

†††††††††††††††† (xvii)the appointment of a public official;

†††††††††††† (3)Paragraph 2(1)(f) of the Act is amended by adding immediately after subparagraph (i) the following:

†††††††††††††††††† (i.1)a member of council,

†††††††††††††††††† (i.2)an officer, director or employee of the city,

†††††††††††††††††† (i.3)a member of the board of a cityĖcontrolled entity and the chief executive officer, officers, directors and employees of that entity,

 

††††††† 2. (1) Subsection 4(1) of the Act is amended by deleting the word "and" at the end of paragraph (p) and by adding immediately after that paragraph the following:

††††††††† (p.1)an officer, director or employee of the Memorial University of Newfoundland;

††††††††† (p.2)an officer, trustee or employee of a school board elected or appointed under the Schools Act, 1997; and

†††††††††††† (2)Subsection 4(2) of the Act is amended by deleting the word "or" at the end of paragraph (d) and by adding immediately after that paragraph the following:

††††††††† (d.1)an oral or written submission made to a member of council in his or her role as a councillor by a constituent of the councillor or on behalf of a constituent of the councillor;

†††††††††††† (3)Subsection 4(2) of the Act is amended by deleting the period at the end of paragraph (e) and substituting a semi-colon and the word "or", and by adding immediately after that paragraph the following:

††††††††††††† (f)a 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 a former member of a bargaining unit who is or was employed with the city.

 

††††††† 3. (1) Subsection 5(4) of the Act is amended by adding immediately after paragraph (f) the following:

†††††††††† (f.1)where the client is funded, in whole or in part, by the city, the name of the funder and the amount of funding received by the client from the city;

†††††††††††† (2)Subsection 5(4) of the Act is amended by repealing paragraph (g) and substituting the following:

†††††††††††† (g)the name and business address of an entity or organization, other than a government, a government agency or the city, 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;

†††††††††††† (3)Paragraph 5(4)(k) of the Act is amended by adding immediately after the word and comma "regulation," the word and comma "bylaw,".

†††††††††††† (4)Paragraph 5(4)(l) of the Act is amended by adding immediately after the words and comma "Auditor General Act," the phrase and comma "or a department of the city,".

†††††††††††† (5)Paragraph 5(4)(m) of the Act is amended by deleting the word "and" at the end of subparagraph (i), by deleting the semicolon at the end of subparagraph (ii) and substituting a comma, and by adding immediately after that subparagraph the following:

††††††††††††††††††† (iii)has lobbied a member of council in the member's capacity as councillor during the period for which the return is filed, and

††††††††††††††††††† (iv)expects to lobby a member of council in the member's capacity as councillor during the next following 6 month period;

 

††††††† 4. (1) Subsection 6(4) of the Act is amended by adding immediately after paragraph (e) the following:

††††††††† (e.1)where the organization is funded, in whole or in part, by the city, the name of the funder, and the amount of funding received by that organization from the city;

†††††††††††† (2)Subsection 6(4) of the Act is amended by repealing paragraph (f) and substituting the following:

††††††††††††† (f)the name and business address of an entity or organization, other than a government, a government agency or the city, 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;

†††††††††††† (3)Paragraph 6(4)(k) of the Act is amended by adding immediately after the word and comma "regulation," the word and comma "bylaw,".

†††††††††††† (4)Paragraph 6(4)(l) of the Act of the Act is amended by adding immediately after the word and comma "Auditor General Act," the phrase and comma "or a department of the city,".

†††††††††††† (5)Paragraph 6(4)(m) of the Act is amended by deleting the word "and" at the end of subparagraph (i), by deleting the semi-colon at the end of subparagraph (ii) and substituting a comma, and by adding immediately after that subparagraph the following:

††††††††††††††††††† (iii)has lobbied a member of council in the member's capacity as councillor during the period for which the return is filed, and

††††††††††††††††††† (iv)expects to lobby a member of council in the member's capacity as councillor during the next following 6 month period;

 

††††††† 5. The Act is amended by adding immediately after section 20 the following:

Former public- office holder

†† 20.1 (1) Notwithstanding subsection 20(1), a person who is a former public-office holder under subparagraphs 2(1)(f)(i.1) to (i.3), shall not, for a period of 12 months after that person ceases to be a public-office holder, lobby as a consultant lobbyist or an in-house lobbyist, a public-office holder described in subparagraphs 2(1)(f)(i.1) to (i.3).

†††††††††††† (2)Subsection (1) shall apply only where a person has held the following positions:

†††††††††††† (a)member of council;

†††††††††††† (b)chief executive officer; or

†††††††††††† (c)other positions designated by the Lieutenant-Governor in Council.

 

††††††† 6. Paragraph 21(a) of the Act is amended by deleting the words "governmental institution" and substituting the words "public institution".

NLR 35/07 Rep.

††††††† 7. The Lobbyist Registration Exemption Regulations are repealed.

Commencement

††††††† 8. This Act shall come into force on January 1, 2009.