The following electronic version is for informational purposes only.
The printed version remains the official version.
MR. LEONARD KROG
This Act amends the Members Conflict of Interest Act and the Lobbyist Registration Act. The amendments are informed by the recently enacted Federal Accountability Act, and the Acts share the key objective of ensuring that lobbying activities are carried out in an ethical and transparent manner. The amendments also align with recent recommendations made by the Information and Privacy Commissioner.
Amendments to the Lobbyist Registration Act provide clear rules to ensure that lobbying is done ethically and transparently. They amend the definition of "lobby" to remove restrictions on recognized lobbying activities, establish clear reporting responsibilities, and protect the public interest by ensuring that British Columbians have access to adequate information about lobbyists.
The Members Conflict of Interest Act is renamed the Conflict of Interest Act. This reflects its increased scope, which now includes non-parliamentarian public office appointees, such as ministerial staff and advisors. It strengthens conflict of interest rules, and establishes new rules for blind trusts.
This Act ensures greater accountability and transparency in lobbying activities in British Columbia. It establishes more stringent conflict of interest laws, while also broadening their scope.
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
Part 1 — Revisions To The Lobbyists Registration Act
1 Section 1 (1) of the Lobbyist 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, and
(e) any individual who occupies a position that has been designated by regulation under section 18.1.
(b) in the definition of "lobby",
(i) by striking out "in relation to either a consultant lobbyist or an in house lobbyist",
(ii) by adding "or the termination of any program of the government of British Columbia" to the end of clause (iv),
(iii) by adding "grant, contribution" after "any contract" to clause (vi), and
(iv) by adding the following clause:
(vii) 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.
and
(c) by adding the following definition:
"ministerial adviser" means a person, other than a public servant, who occupies a position in the office of a minister of the Crown or a minister of state, and who provides policy, program or financial advice to that person on issues relating to his or her powers, duties and functions as a minister of the Crown or minister of state, whether or not the advice is provided on a full-time or part-time basis and whether or not the person is entitled to any remuneration or other compensation for the advice.
2 Section 2 of the Lobbyist Registration Act, S.B.C. 2001 c. 42 is amended:
(a) in subsection (1), by striking out "This Act", and replacing it with "The definition of 'lobbying' in section 1 of this Act",
(b) in subsection (1) by adding the following clause:
(h) employees or other representatives of non-profit associations not constituted to serve management or professional interests, nor composed of a majority of members that are profit-seeking enterprises or representatives of profit-seeking enterprises.
and
(c) in subsection (2) by striking out "This Act", and replacing it with "The definition of 'lobbying' in section 1 of this Act".
3 Section 3 of the Lobbyist Registration Act, S.B.C. 2001 c. 42 is amended:
(a) in subsection (1) (a) by striking out "by a consultant lobbyist, within 10 days after entering into an undertaking to lobby on behalf of a client" and replacing it with "by a person who lobbies a public office holder, within 10 days after entering into an undertaking to lobby",
(b) by repealing subsection 1 (c) and replacing it with the following:
(c) by a person other than an organization that employs any in-house lobbyist,
(i) if the person employs one or more in-house lobbyists on the date this section comes into force,
(A) within 2 months after that date, and
(B) within 2 months after the end of each financial year of the employer or, if the employer does not have a financial year, within 2 months after the end of each calendar year, beginning with the financial year or calendar year, as the case may be, in which the in-house lobbyist is required to file a return under clause (A), and
(ii) in any other case,
(A) within 2 months after becoming employing an in-house lobbyist, and
(B) within 2 months after the end of each financial year of the employer or, if the employer does not have a financial year, within 2 months after the end of each calendar year, beginning with the financial year or calendar year, as the case may be, in which the in-house lobbyist is required to file a return under clause (A).
(c) by adding the following clause to subsection (1):
(d) by a public office holder who
(i) receives communication that constitutes lobbying within the meaning of section 1, within 10 days of receiving such communication, or
(ii) attends a meeting arranged by a consultant lobbyist within the meaning of section 1, within 10 days of attending such meeting.
(d) by repealing subsection (2) and replacing it with the following:
Where, on the coming into force of this Section, a person is lobbying a public office holder, the lobbyist and the public office holder shall file a return not later than 10 days after this Section comes into force.
and
(e) by adding the following subsection:
(3) The individual responsible for filing a return under subsection (1) shall file a monthly return, in the prescribed form and manner, pursuant to sections 4 (2) and 4 (3).
4 Section 4 of the Lobbyist Registration Act, S.B.C. 2001 c. 42 is repealed, and substituted by the following text:
(1) Each return filed under section 3 must include the following information as applicable:
(a) the name and business address of the individual and, if applicable, the name and business address of:
(i) the firm where the individual is engaged in business;
(ii) the individual's employer; or
(iii) the public office held by the individual, and the name of any member of the Legislative Assembly or of any minister to whom the individual is responsible;
(b) if the individual is a former public officer holder, a description of the offices held, which of those offices, if any, qualified the individual as a designated public office holder and the date on which the individual last ceased to hold such a designated public office;
(c) if the individual is the senior officer of an organization,
(i) a description of the organization's business or activities and any other information that is prescribed by the regulations in respect to the organization's business or activities;
(ii) the name of each in-house lobbyist employed by the organization;
(iii) where any in-house lobbyist is lobbying at the time the return is filed, the subject-matter in respect of which the in-house lobbyist is lobbying and any other prescribed information respecting the subject matter, and
(iv) the name of any government or government agency that funds or partly funds the organization and the amount of the funding;
(d) if the individual is an employer,
(i) a description of the employer's business or activities and any other information that is prescribed by the regulations in respect to the organization's business or activities;
(ii) if the employer is a corporation, the name and business address of each subsidiary of the corporation that, to the knowledge of the employer, has a direct interest in the outcome of the employee's activities on the employer's behalf;
(iii) if the employer is a corporation that is the subsidiary of another corporation, the name and business address of that other corporation, and
(iv) the name of any government or government agency that funds or partly funds the employer and the amount of the funding;
(e) the name and business address of the client and the name and business address of any person, partnership or organization that, to the knowledge of the individual, controls or directs the activities of the client and has a direct interest in the outcome of the individual's activities on behalf of the client;
(f) where the client is a corporation, the name and business address of each subsidiary of the corporation that, to the knowledge of the individual, has a direct interest in the outcome of the individual's activities on behalf of the client;
(g) where the client is a corporation that is a subsidiary of any other cor-poration, the name and business address of that other corporation;
(h) where the client is a coalition, the name and business address of each partnership, corporation or organization that is a member of the coalition;
(i) 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;
(j) the name and business address of any entity or organization, other than a government or government agency, that, to the knowledge of the individual, contributed, during the entity's or organization's fiscal year that precedes the filing of the return, seven hundred fifty dollars or more toward the lobbying for which the return is filed;
(k) the name and business address of any individual who, to the knowledge of the individual filing the return, made a contribution described in clause (j) on behalf of an entity or organization described in that clause;
(l) the subject-matter in respect of the lobby for which the individual is filing the return and any other prescribed information respecting the subject-matter;
(m) the fact that the undertaking does not provide for any payment that is in whole or in part contingent on the outcome of any lobbying communication or activity as described in section 1;
(n) particulars to identify any relevant legislative proposal, bill, resolution, regulation, policy, program, decision, grant, contribution, financial benefit or contract;
(o) the name of any ministry of the government of British Columbia or other governmental institution in which is employed or serves any public office holder whom the individual lobbies;
(p) if the individual undertakes to lobby a public office holder, particulars to identify any communication technique that the individual uses in connection with the communication with the public office holder, including any appeals to members of the public through the mass media or by direct communication that seek to persuade those 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; and
(q) such other information relating to the identity of the individual, the client, any person or organization referred to in paragraph (e), any subsidiary referred to in paragraph (l), the other corporation referred to in paragraph (g), any member of a coalition referred to in paragraph (h) or any department or institution referred to in paragraph (o) as is prescribed.
(2) The individual shall file a return, in the prescribed form and manner, not later than 15 days after the end of every month, beginning with the one in which the return is filed under section 3, that
(a) sets out, with respect to every lobbying communication or activity as described in section 1 that was made in that month involving a designated public office holder and relating to the lobbying for which the return is filed,
(i) the name of the designated public office holder who was the object of the communication,
(ii) the date of the communication,
(iii) particulars, including any prescribed particulars, to identify the subject-matter of the communication, and
(iv) any other information that is prescribed;
(b) if any information contained in the return filed under section 3 is no longer correct or additional information that the individual would have been required to provide under that subsection has come to the knowledge of the individual after the return was filed, provides the corrected or additional information; and
(c) if the lobbying has been completed or terminated, advises the registrar of that fact.
(3) The first return filed under subsection (2) shall, despite paragraph (2) (a), set out the information required by that paragraph in respect of communications made between the day on which the lobbying referred to in section 3 was entered into and the end of the month immediately before the filing of the return.
(3.1) Subject to subsection (3.2), no return is required under subsection (2) if no communication referred to in paragraph (2) (a) was made during the period with respect to which the return is to set out information, and if the circumstances referred to in paragraphs (2) (b) and (c) have not arisen.
(3.2) In any case, no more than five months shall have elapsed since the end of the month in which a return was last filed without a return being filed by the individual under subsection (2), even if, since the last return, no communication was made as referred to in paragraph (2) (a) and the circumstances referred to in paragraphs (2) (b) and (c) have not arisen, in which case the report shall so state.
(3.3) The obligation to file a return under subsection (2) terminates when the lobbying has been completed or is terminated and a report has been filed under that subsection advising of that fact in accordance with paragraph (2) (c).
(4) An individual who files a return shall provide the registrar, in the prescribed form and manner, with such information as the registrar may request to clarify any information that the individual has provided to the registrar pursuant to this section, and shall do so not later than thirty days after the request is made.
(5) This section does not apply in respect of anything that an employee undertakes to do on the sole behalf of their employer or, where their employer is a corporation, in respect of 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.
(6) For greater certainty, an individual who undertakes to lobby as described in section 1 is not required to file more than one return with respect to the undertaking, even though the individual, in connection with that undertaking, communicates with more than one public office holder or communicates with one or more public office holders on more than one occasion.
5 The Lobbyist Registration Act, S.B.C. 2001 c. 42 is amended
(a) by repealing section 10, and substituting the following:
10 (1) The registrar shall conduct an investigation if the registrar has reason to believe, including on the basis of information received from a member of the Legislative Assembly or a member of the public, that an investigation is necessary to ensure compliance with this Act.
(2) The registrar may refuse to conduct or may cease an investigation with respect to any matter if the registrar is of the opinion that
(a) the matter is one that could more appropriately be dealt with according to a procedure provided for under another enactment,
(b) the matter is minor or trivial,
(c) dealing with the matter would serve no useful purpose because of the length of time that has elapsed since the matter arose, or
(d) there is any other valid reason for not dealing with the matter.
(3) For the purpose of conducting an investigation, the registrar
(a) has the powers of a commissioner under sections 15 and 16 of the Inquiry Act, and
(b) may administer oaths and receive and accept information, whether or not it would be admissible as evidence in a court of law.
(4) An investigation must be conducted in private.
(5) Evidence given by an individual in an investigation and evidence of the existence of an investigation are inadmissible against the individual in a court or in any other proceeding, other than in proceedings for perjury in respect of a statement made to the registrar.
(6) The registrar shall not make adverse findings against an individual unless that individual has had reasonable notice of the substance of the allegations against him or her and a reasonable opportunity to present his or her views.
(7) The registrar, and every individual acting on behalf of or under the direction of the registrar, may not disclose any information that comes to their knowledge in the performance of their duties and functions under this section, unless
(a) the disclosure is, in the opinion of the registrar, necessary for the purpose of conducting an investigation under this section or establishing the grounds for any findings or conclusions contained in a report under section 12,
(b) the information is disclosed in a report under section 12 or in the course of a proceeding for perjury in respect of a statement made to the registrar, or
(c) the registrar believes on reasonable grounds that the disclosure is necessary for the purpose of advising a peace officer having jurisdiction to investigate an alleged offence under this Act or any other enactment of British Columbia or under an Act of Parliament.
(8) The registrar shall immediately suspend an investigation under this section if the Registrar discovers that the subject-matter of the investigation is also the subject-matter of an investigation to determine whether an offence under this Act or any other enactment of British Columbia or under an Act of Parliament has been committed or that a charge has been laid with respect to that subject-matter.
(9) The registrar may not continue an investigation under this section until any investigation or charge regarding the same subject-matter has been finally disposed of.
(10) A member of the Legislative Assembly or a member of the public who has reasonable grounds to believe that a public office holder or former public office holder has contravened this Act may, in writing, request that the registrar examine the matter.
(b) by re-enacting section 10 at section 13.1, and
(c) in section 13.1 by:
(a) striking out "3 (1), or 4", and replacing it with "3, 4, 14 or 15" in subsection (1), and
(b) striking out "$25 000" and replacing it with "$100 000" in subsection (4).
6 The Lobbyist Registration Act, S.B.C. 2001 c. 42 is amended:
(a) by repealing section 11 and substituting the following:
11 (1) No action lies against the registrar or any former registrar or any other individual who is or was employed or engaged by the registrar for anything done in good faith under this Act.
(2) No action lies against an individual who in good faith provides information or gives evidence in an investigation under this Act or to an individual employed or engaged by the registrar.
(b) by re-enacting section 11 at section 18.1, with the following heading:
(c) by striking out "4 (1) (c) (ii), (d) (ii) or (h)" in subsection 18.1 (2) (d), and replacing it with "4 (1) (c), (d), (l), or (q)", and
(d) by adding the following clause to subsection 18.1 (2):
(h) designating, individually or by class, any position occupied by a public office holder as a position occupied by a designated public office holder for the purposes of paragraph (c) of the definition `designated public office holder' in section 1 if, in the opinion of the Governor in Council, doing so is necessary for the purposes of this Act;
7 The Lobbyist Registration Act, S.B.C. 2001 c. 42 is amended by adding the following section:
12 (1) After conducting an investigation, the registrar shall prepare a report of the investigation, including the findings, conclusions and reasons for the registrar's conclusions, and submit the report to the Speaker of the Legislative Assembly, who shall immediately 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.
(2) The report may contain details of any payment received, disbursement made or expense incurred by an individual who is named in a return required to be filed under section 3 in respect of any lobbying communication or activity, if the Registrar considers publication of the details to be in the public interest.
8 The Lobbyist Registration Act, S.B.C. 2001 c. 42 is amended by adding the following section:
13 (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.
(2) The registrar shall submit the special report 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.
9 The Lobbyist Registration Act, S.B.C. 2001 c. 42 is amended by adding the following section:
14 (1) An individual who is required to file a return under section 3 shall not receive any payment that is in whole or in part contingent on the outcome of any lobbying communication or activity as described in section 1.
(2) The client of an individual referred to in subsection (1) shall not make any such payment to the individual.
10 The Lobbyist Registration Act, S.B.C. 2001 c. 42 is amended by adding the following section:
15 (1) No individual shall, during a period of two years after the day on which the individual ceases to be a designated public office holder,
(a) carry on any lobbying communications or activities; and
(b) if the individual is employed by an organization or corporation, carry on any lobbying communication or activities on behalf of that organization or corporation.
(2) On application, the registrar may, on any conditions that the registrar specifies, exempt an individual from the application of subsection (1) if the registrar is of the opinion that the exemption would not be contrary to the purposes of this Act having regard to any circumstance or factor that the registrar considers relevant, including whether the individual
(a) was a designated public office holder for a short period;
(b) was a designated public office holder on an acting basis;
(c) was employed under a program of student employment; or
(d) had administrative duties only.
(3) The registrar shall without delay cause every exemption and the registrar's reasons for it to be made available to the public.
11 The Lobbyist Registration Act, S.B.C. 2001 c. 42 is amended by adding the following section:
17 If a person is convicted of an offence under this act, or an offence under the Canadian Criminal Code that is related to activities under this act, the registrar shall prohibit the person who has committed the offence from engaging in any lobbying communication activity for a period of two years.
Part 2 - Revisions to the Members' Conflict of Interest Act
12 The title of the Members' Conflict of Interest Act, S.B.C. 1996 c. 287 is repealed, and the following substituted:
13 Section 1 of the Members' Conflict of Interest Act, S.B.C. 1996 c. 287 is amended by adding the following text:
(1) "appointee" means
(a) a person appointed by Order In Council, Minister's Order, shareholder's resolution or other instrument of the Province of British Columbia to a public sector organization, or
(b) a person appointed by Order In Council, Minister's Order, shareholder's resolution or other instrument of the Province of British Columbia to any other body as a representative of the Province of British Columbia.
"assets" includes any trusts in respect of which a member of Executive Council or a parliamentary secretary or a member of his or her family is a beneficiary.
"common law partner" means a person who is cohabiting with a public office holder in a conjugal relationship, having so cohabited for a period of at least one year.
"controlled assets" means assets whose value could be directly or indirectly affected by government decisions or policy including, but not limited to, the following:
(a) publicly traded securities of corporations and foreign governments, whether held individually or in an investment portfolio account such as, but not limited to, stocks, bonds, stock market indices, trust units, closed-end mutual funds, commercial papers and medium-term notes;
(b) self-administered registered retirement savings plans, self-administered registered education savings plans and registered retirement income funds composed of at least one asset that would be considered controlled if held outside the plan or fund;
(c) commodities, futures and foreign currencies held or traded for speculative purposes; and
(d) stock options, warrants, rights and similar instruments.
"dependent child" means a child of a public office holder, or a child of the public office holder's spouse or common-law partner, who has not reached the age of 18 years or who has reached that age but is primarily dependent on the public office holder or public office holder's spouse or common-law partner for financial support.
"exempt assets" means assets and interests in assets for the private use of members of Executive Councilor parliamentary secretaries and the members of their family and assets that are not of a commercial character, including the following:
(a) primary and secondary residences, recreational property and farm land and buildings used or intended for use by members of Executive Council or parliamentary secretaries or the members of their family;
(b) household goods and personal effects;
(c) works of art, antiques and collectibles;
(d) automobiles and other personal means of transportation;
(e) cash and deposits;
(f) Canada Savings Bonds and other similar investments issued or guaranteed by any level of government in Canada or agencies of those governments;
(g) registered retirement savings plans, registered education savings plans, and registered retirement income funds that are composed exclusively of assets that would be considered exempt if held outside the plan or fund;
(h) guaranteed investment certificates and similar financial instruments;
(i) public sector debt financing not guaranteed by a level of government, such as university and hospital debt financing;
(j) annuities and life insurance policies;
(k) pension rights;
(l) money owed by a previous employer, client or partner;
(m) personal loans receivable from the member of Executive Council's or parliamentary secretary's relatives, and personal loans of less than $10,000 receivable from other persons if the member of Executive Council or parliamentary secretary has loaned the moneys receivable;
(n) money owed under a mortgage or hypothec of less than $10,000; and
(o) investments in limited partnerships that are not traded publicly and whose assets are exempt assets.
"gift or other advantage" means
(a) an amount of money if there is no obligation to repay it; and
(b) a service or property, or the use of property or money that is provided without charge or at less than its commercial value.
"ministerial adviser" means a person, other than a public servant, who occupies a position in the office of a minister of the Crown or a minister of state and who provides policy, program or financial advice to that person on issues relating to his or her powers, duties and functions as a minister of the Crown or a minister of state, whether or not the advice is provided on a full-time or part-time basis and whether or not the person is entitled to any remuneration or other compensation for the advice.
"ministerial staff" means those persons, other than public servants, who work on behalf of a minister of the Crown or a minister of state.
"private interest" does not include an interest in a decision or matter
(a) that is of general application;
(b) that affects a public office holder as one of a broad class of persons; or
(c) that concerns the remuneration or benefits received by virtue of being a public office holder.
"public office holder" means
(a) a minister of the Crown, a minister of state or a parliamentary secretary;
(b) a member of ministerial staff;
(c) a ministerial adviser; and
(d) an appointee as defined in this Act.
"public sector organization" includes
(a) a separate legal entity established pursuant to British Columbia legislation that is classified as being within the Government reporting entity pursuant to the Budget Transparency and Accountability Act; and
(b) a corporation established under the BC Business Corporations Act, the Society Act, or other enabling statute in which the Province of British Columbia has a controlling interest.
"spouse" does not include a person from whom a public office holder is separated if all support obligations and family property or patrimony have been dealt with by a separation agreement or a court order.
(2) The following are members of a public office holder's family for the purposes of this Act:
(a) his or her spouse or common law partner; and
(b) his or her dependent children and the dependent children of his or her spouse or common law partner.
(3) Persons who are related to a public office holder by birth, marriage, common-law partnership, adoption or affinity are the public office holder's relatives for the purposes of this Act unless the Commissioner determines, either generally or in relation to a particular public office holder, that it is not necessary for the purposes of this Act that a person or a class of persons be considered a relative of a public office holder.
14 Section 2 of the Members' Conflict of Interest Act, R.S.B.C. 1996, c. 287 is repealed and replaced with the following:
2 (l) For the purposes of this Act, a public office holder is in a conflict of interest when he or she exercises an official power or performs an official duty or function that provides an opportunity to further his or her private interests or those of his or her relatives or friends or to improperly further another person's private interests.
15 Section 3 of the Members' Conflict of Interest Act, R.S.B.C. 1996, c. 287 is repealed and replaced with the following:
3 (1) Every public office holder shall arrange his or her private affairs in a manner that will prevent the public office holder from being in a conflict of interest.
(2) No public office holder shall make a decision or participate in making a decision related to the exercise of an official power, duty or function if the public office holder knows or reasonably should know that, in the making of the decision, he or she would be in a conflict of interest.
(3) No member of the Legislative Assembly shall debate or vote on a question that would place him or her in a conflict of interest.
16 Section 4 of the Members' Conflict of Interest Act, RS.B. 1996, c. 287 is repealed and replaced with the following:
4 No public office holder or former public office holder shall use information that is obtained in his or her position as a public office holder and that is not available to the public to further or seek to further the public office holder's or former public office holder's private interests or those of the public office holder's or former public office holder's relatives or friends or to improperly further or to seek to improperly further another person's private interests.
17 Section 5 of the Members' Conflict of Interest Act, R.S.B.C. 1996, c. 287 is repealed and replaced by the following:
5 No public office holder shall use his or her position as a public office holder to seek to influence a decision of another person so as to further the public office holder's private interests or those of the public office holder's relatives or friends or to improperly further another person's private interests.
18 Section 6 of the Members' Conflict of Interest Act, R.S.B. 1996, c. 287 is amended by striking out "normally" and replacing it with "of the Legislative Assembly properly."
19 Section 7 of the Members' Conflict of Interest Act, RS.B. 1996, c. 287 is amended by adding the following text highlighted by underline, and by:
(a) repealing subsection (1) and replacing it with the following:
No public office holder or member of his or her family shall accept any gift or other advantage, including from a trust, that might reasonably be seen to have been given to influence the public office holder in the exercise of an official power, duty or function.
(b) striking out "personal benefit" wherever it appears in subsections (2) and (3), and replacing it with "other advantage",
(c) striking out "member" in subsection (3) and replacing it with "public office holder",
and
(d) adding the following subsection:
No public office holder shall allow himself or herself to be influenced in the exercise of an official power, duty or function by plans for, or offers of outside employment.
20 The Members' Conflict of Interest Act, R.S.B.C 1996, c. 287 is amended by adding the following section:
7.1 No member of the Executive Council, deputy minister or parliamentary secretary, no member of his or her family and no ministerial adviser or ministerial staff shall accept travel on non-commercial chartered or private aircraft for any purpose unless required in his or her capacity as a public office holder or in exceptional circumstances or with the prior approval of the Commissioner.
21 Section 8 of the Members' Conflict of Interest Act, R.S.B.C. 1996, c. 287 is amended by:
(a) adding ", former Deputy Minister" after the phrase "a former member of the Executive Council", wherever it appears, and
(b) striking out "$5 000" in subsection (8), and replacing it with "$50 000".
22 Section 9 of the Members' Conflict of Interest Act, R.S.B.C. 1996, c. 287 is amended by:
(a) adding "Deputy Minister or Parliamentary Secretary" after the phrase "member of the Executive Council", wherever it appears, and
(b) striking out "member" and replacing it with "individual", wherever it appears.
23 The Members' Conflict of Interest Act, R.S.B.C. 1996, c. 287 is amended:
(a) by repealing section 10 and substituting the following:
10 (1) No public office holder who otherwise has the authority shall, in the exercise of his or her official powers, duties and functions, enter into a contract or employment relationship with his or her spouse, common-law partner, child, sibling or parent.
(2) No public office holder, other than a member of the Executive Council, deputy minister or parliamentary secretary, who otherwise has the authority shall permit the public sector entity for which he or she is responsible, or to which he or she is assigned, to enter into a contract or employment relationship with his or her spouse, common-law partner, child, sibling or parent except in accordance with an impartial administrative process in which the public office holder plays no part.
(3) No member of the Executive Council, deputy minister or parliamentary secretary who otherwise has the authority shall permit the public sector entity for which he or she is responsible, or to which he or she is assigned, to enter into a contract or employment relationship with his or her spouse, common-law partner, child, sibling or parent.
(4) No member of the Executive Council, deputy minister or parliamentary secretary who otherwise has the authority shall permit anyone acting on his or her behalf to enter into a contract or employment relationship with a spouse, common-law partner, child, sibling or parent of another member of the Executive Council, deputy minister or parliamentary secretary or party colleague in the Legislative Assembly, except in accordance with an impartial administrative process in which the member of Executive Council, deputy minister or parliamentary secretary plays no part.
(5) Subsection (4) does not apply in respect of the appointment of a member of ministerial staff or a ministerial adviser.
(6) This section does not apply to a contract for goods or services offered by a public sector entity on the same terms and conditions as to the general public.
(b) by re-enacting section 10 at section 20.1,
(c) by adding to section 20.1 "of the Legislative Assembly" after "A member" in subsection (1), and
(d) by striking out subsection (4).
24 The Members' Conflict of Interest Act, R.S.B.C. 1996, c. 287 is amended by adding the following section:
10.1 (1) No member of the Executive Council, deputy minister or parliamentary secretary shall knowingly be a party to a contract with a public sector entity under which he or she receives a benefit, other than a contract under which he or she is entitled to pension benefits.
(2) No member of the Executive Council, deputy minister or parliamentary secretary shall have an interest in a partnership or private corporation that is a party to a contract with a public sector entity under which the partnership or corporation receives a benefit.
25 The Members' Conflict of Interest Act, R.S.B.C. 1996, c. 287 is amended:
(a) by repealing section 11 and substituting the following text:
11 (1) An appointee appointed to a public sector organization or appointed to another body by the Province as a representative of a stakeholder group or region owes the same duties and loyalty to the public sector organization or other body to which the appointed by the Province and, when an appointee's duties or functions conflict with the wishes of the stakeholder group or region, the appointees primary duty remains to act in the best interests of the public sector organization or other body to which the appointee is appointed by the Province.
(2) At the time of his or her appointment, an appointee shall declare in writing to the chair, chief executive officer or other head of the public sector organization or body to which the appointee is appointed by the Province all possible conflicting outside business activities.
(3) An appointee shall fully disclose to the chair, chief executive officer or other head of the public sector organization or other body to which the appointee has been appointed by the Province all circumstances that could conceivably be construed as conflict of interest or apparent conflict of interest.
(4) An appointee shall, immediately upon becoming aware of a potential conflict of interest or apparent conflict of interest, disclose the conflict or apparent conflict in writing to the chair, chief executive officer or other head of the organization or body.
(5) Unless the appointee is otherwise directed by the chair, chief executive officer or other head of the organization or body, the appointee shall immediately take steps to resolve the conflict or apparent conflict.
(6) An appointee who has a relationship by way of ownership, financial interest, employment, contract, appointment or office with a person, organization or body that is not the public sector organization or the body to which the appointee is appointed by the Province, shall not participate in or in any way influence purchasing, selling, granting or other decisions of the public sector organization or body to which the appointee is appointed by the Province which may directly or indirectly benefit the other person, body, or organization with which the appointee has a relationship.
and
(b) by re-enacting section 11 as section 21.1
26 The Members' Conflict of Interest Act, R.S.B.C. 1996, c. 287 is amended:
(a) by repealing section 12 and substituting the following:
12 No reporting public office holder shall, unless otherwise provided in section 20, hold controlled assets as defined in this Act.
(b) by re-enacting section 12 at section 22.1, and
(c) by repealing section 22.1 and replacing it with the following:
The failure of any member of the Legislative Assembly to comply with section 20.1 does not of itself invalidate
(a) any contract or other financial transaction, or
(b) any procedure undertaken by the government with respect to a contract or other financial transaction
to which the failure to comply with section 21 relates, but the transaction or procedure is voidable at the instance of the government before the expiration of 2 years from the date of the decision authorizing the transaction, except as against any person who or organization that acted in good faith and without actual notice of the failure to comply with section 20.1
27 The Members' Conflict of Interest Act, R.S.B.C. 1996, c. 287 is amended:
(a) by repealing section 13 and substituting the following:
13 No public office holder shall take any action that has as its purpose the circumvention of the public office holder's obligations under this Act.
(b) by re-enacting section 13 at section 23.1, and
(c) by adding to section 23.1 the following text highlighted by underline, and deleting the text highlighted by strikethrough:
23.1 Despite anything in this Act, if any person, whether or not the person is or was a public office holder member, has realized financial gain in any transaction to which a violation of this Act relates, any other person affected by the financial gain, including the government or a government agency, may apply to the Supreme Court for an order of restitution against the person who has realized the financial gain.
28 The Members' Conflict of Interest Act, R.S.B.C. 1996, c. 287 is amended:
(a) by repealing section 14 and substituting the following text:
14 Compliance with this Act is a condition of a person's appointment or employment as a public office holder.
and
(b) by re-enacting section 14 at section 27.1
29 The Members' Conflict of Interest Act, R.S.B.C. 1996, c. 287 is amended:
(a) by repealing section 15 and substituting the following:
15 A public office holder shall recuse himself or herself from any discussion, decision, debate or vote on any matter in respect of which he or she would be in a conflict of interest.
and
(b) by re-enacting section 15 at section 28.1
30 The Members' Conflict of Interest Act, R.S.B.C. 1996, c. 287 is amended:
(a) by repealing section 16 and substituting the following:
16 (1) A public office holder shall, within 60 days after the day on which he or she is appointed as a public office holder, provide a confidential report to the Commissioner.
(2) The report required under subsection (1) must contain the following:
(a) a description of all of the public office holder's assets and an estimate of their value;
(b) a description of all of the public office holder's direct and contingent liabilities, including the amount of each liability;
(c) a description of all income received by the public office holder during the 12 months before the day of appointment and all income the public office holder is entitled to receive in the 12 months after the day of appointment;
(d) a description of all activities referred to in section 9 in which the public office holder was engaged in the two-year period before the day of appointment;
(e) a description of the public office holder's involvement in philanthropic, charitable or non-commercial activities in the two-year period before the day of appointment;
(f) a description of all of the public office holder's activities as trustee, executor or liquidator of a succession or holder of a power of attorney in the two-year period before the day of appointment; and
(g) any other information that the Commissioner considers necessary to ensure that the public office holder is in compliance with this Act.
(3) A minister of the Crown, minister of state or parliamentary secretary shall make reasonable efforts to include in the report the information referred to in subsection (2) for each member of his or her family.
(4) A reporting public office holder shall include in the report a description of all benefits that he or she, any member of his or her family or any partnership or private corporation in which he or she or a member of his or her family has an interest is entitled to receive during the 12 months after the day of appointment, as a result of a contract with a public sector entity and the report must include a description of the subject-matter and nature of the contract.
(5) If there is a material change in any matter in respect of which a reporting public office holder is required to provide a confidential report under this section, the reporting public office holder shall, within 30 days after the change, file a report with the Commissioner describing the material change.
31 The Members' Conflict of Interest Act, R.S.B.C. 1996, c. 287 is amended by repealing section 17 and substituting the following:
17 (1) A public office holder shall disclose in writing to the Commissioner within seven days all firm offers of outside employment.
(2) A public office holder who accepts an offer of outside employment shall within seven days disclose his or her acceptance of the offer in writing to the Commissioner as well as to the following persons:
(a) in the case of a member of the Executive Council, to the Premier of British Columbia;
(b) in the case a parliamentary secretary, to the minister whom the parliamentary secretary assists;
(c) in the case of deputy heads, to the Clerk of the Privy Council; and
(d) in the case of any other public office holder, to the appropriate minister.
32 The Members' Conflict of Interest Act, R.S.B.C. 1996, c. 287 is amended:
(a) by repealing section 18 and substituting the following:
18 (1) If a public office holder has recused himself or herself to avoid a conflict of interest, the public office holder shall, within 60 days after the day on which the recusal took place, make a public declaration of the recusal that provides sufficient detail to identify the conflict of interest that was avoided.
(2) A public office holder shall, within 120 days after the day on which he or she is appointed as a public office holder, make a public declaration of all of his or her assets that are neither controlled assets nor exempt assets.
(3) A member of the Executive Council, deputy minister or parliamentary secretary shall, within 120 days after the day on which he or she is appointed, make a public declaration with respect to all of his or her liabilities of $10,000 or more that provides sufficient detail to identify the source and nature of the liability but not the amount.
(4) If a public office holder or a member of his or her family accepts any single gift or other advantage that has a value of $200 or more, other than one from a relative or friend, the public office holder shall, within 30 days after accepting the gift or other advantage, make a public declaration that provides sufficient detail to identify the gift or other advantage accepted, the donor and the circumstances under which it was accepted.
(5) If travel has been accepted in accordance with section 7 (1), from any source, the member of Executive Council, deputy minister or parliamentary secretary concerned shall, within 30 days after the acceptance, make a public declaration that provides sufficient detail to identify the source and the circumstances under which the travel was accepted.
(b) by re-enacting section 18 at section 29.1, and
(c) by adding striking out "member" wherever it appears in section 29.1, and replacing it with "public office holder".
33 The Members' Conflict of Interest Act, R.S.B.C. 1996, c. 287 is amended:
(a) by repealing section 19 and substituting the following:
19 (1) A public office holder shall, within 120 days after the day on which he or she is appointed, sign a summary statement containing the information required under subsection (2) and provide it to the Commissioner.
(2) The summary statement must contain the following:
(a) for each controlled asset of the public officer holder, and for each asset of the public office holder that the Commissioner has ordered divested under section 33, a description of the asset and the method used to divest it;
(b) for each matter in respect of which the Commissioner has ordered a public office holder to recuse himself or herself under section 33, a description of the matter and information regarding the process to be put in place by the public office holder and others to effect the recusal; and
(c) for any other matter in respect of which the Commissioner has issued an order to the public office holder under section 33, a description of the matter and the order, and the steps taken to comply with the order.
(b) by re-enacting section 19 at section 30.1, and
(c) by repealing section 30.1 and replacing it with the following:
30.1 (1) A public office holder who has reasonable and probable grounds to believe that another public office holder or former public office holder is in contravention of this Act or of section 25 of the Constitution Act may, by application in writing setting out the grounds for the belief and the nature of the contravention alleged, request that the commissioner make a determination respecting the compliance of the other public office holder or former public office holder with the provisions of this Act.
(2) A member of the public who has reasonable and probable grounds to believe that there has been a contravention of this Act or of section 25 of the Constitution Act may, by application in writing setting out the grounds for the belief and the nature of the contravention alleged, request that the commissioner make a determination respecting the alleged contravention.
(3) The Executive Council may request that the commissioner make a determination on any matter respecting the compliance of a member of the Executive Council or a parliamentary secretary with the provisions of this Act or of section 25 of the Constitution Act.
(4) The Legislative Assembly may request that the commissioner make a determination on any matter respecting the compliance of a member with the provisions of this Act or of section 25 of the Constitution Act.
(5) The Information and Privacy Commissioner may request that the commissioner make a determination on any matter respecting the compliance of a public office holder or former public office holder with the provisions of this Act or section 15 of the Lobbyists Registration Act.
34 The Members' Conflict of Interest Act, R.S.B.C. 1996, c. 287 is amended by repealing section 20 and substituting the following:
20 (1) Subject to subsections (9) and (10), a public office holder shall, within 120 days after the day on which he or she is appointed as a public office holder, divest each of his or her controlled assets by doing one of the following:
(a) selling it in an arm's-length transaction; or
(b) placing it in a blind trust that meets the requirements of subsection (4).
(2) Subject to subsections (9) and (10), a public office holder shall, within 120 days after the day on which he or she receives controlled assets by way of gift or testamentary disposition or in any other way over which the public office holder has no control, divest the controlled assets in the manner required by subsection (1).
(3) For greater certainty, a public office holder may not divest his or her controlled assets by any measure other than one referred to in subsection (1), including by placing them in a blind management agreement.
(4) The terms of a blind trust must provide that
(a) the assets to be placed in trust shall be registered to the trustee unless they are in a registered retirement savings plan account;
(b) the public office holder shall not have any power of management or control over the trust assets;
(c) the trustee shall not seek or accept any instruction or advice from the public office holder concerning the management or the administration of the assets;
(d) the assets placed in the trust shall be listed on a schedule attached to the instrument or contract establishing the trust;
(e) the term of any trust shall be for as long as the public office holder who establishes the trust continues to hold his or her office, or until the trust assets have been depleted;
(f) the trustee shall deliver the trust assets to the public office holder when the trust is terminated;
(g) the trustee shall not provide information about the trust, including its composition, to the public office holder, except for information that is required by law to be filed by the public office holder and periodic reports on the overall value of the trust;
(h) the public office holder may receive any income earned by the trust, and add to or withdraw from the capital funds in the trust;
(i) the trustee shall be at arm's length from the public office holder and the Commissioner is to be satisfied that an arm's length relationship exists;
(j) the trustee must be
(i) a public trustee,
(ii) a public company, including a trust company or investment company, that is known to be qualified to perform the duties of a trustee, or
(iii) an individual who may perform trustee duties in the normal course of his or her work; and
(k) the trustee shall provide the Commissioner, on every anniversary of the trust, a written annual report verifying as to accuracy the nature and market value of the trust, a reconciliation of the trust property, the net income of the trust for the preceding year, and the fees of the trustee, if any.
(5) Despite subsection (4), general investment instructions may be included in a blind trust instrument or contract but only with the prior approval of the Commissioner. The instructions may provide for proportions to be invested in various categories of risk, but may not be industry-specific, except if there are legislative restrictions on the type of assets that a public office holder may own.
(6) For greater certainty, no oral investment instructions may be given with respect to a blind trust contract or instrument.
(7) A public office holder shall provide to the Commissioner a confirmation of sale or a copy of any contract or instrument establishing the trust in respect of any controlled asset divested under subsection (1).
(8) Unless otherwise required by law, the Commissioner shall keep confidential all information provided by a public office holder relating to a divestment under subsection (1), except the fact that a sale has taken place or that a trust exists.
(9) Subject to the approval of the Commissioner, a public office holder is not required to divest controlled assets that are given as security to a lending institution.
(10) A public office holder who is not a member of the Executive Council, a deputy minister or a parliamentary secretary is not required to divest controlled assets if, in the opinion of the Commissioner, the assets are of such minimal value that they do not constitute any risk of conflict of interest in relation to the public office holder's official duties and responsibilities.
and
(b) by re-enacting section 20 at section 31.1
35 The Members' Conflict of Interest Act, R.S.B.C. 1996, c. 287 is amended:
(a) by moving section 21 to section 34, and
(b) by repealing section 34 and replacing it with the following:
34 (1) The commissioner may conduct an inquiry
(a) on receiving a request under section 30.1, or
(b) if the commissioner has reason to believe that a public office holder or former public office holder has contravened this Act, the commissioner may examine the matter on his or her own initiative.
(2) If the commissioner determines that the request under section 30.1 is frivolous or vexatious or is made in bad faith, he or she may decline to examine the matter. Otherwise, he or she shall examine the matter described in the request and, having regard to all the circumstances of the case, may discontinue the examination.
(3) The commissioner shall prepare a report of the inquiry, including the findings, conclusions and reasons for the commissioner's conclusions, or if the inquiry is discontinued, the reasons for the discontinuance.
(4) If it appears to the commissioner that the report may adversely affect the public office holder or former public office holder the commissioner must inform the public office holder or former public office holder of the particulars and give him or her the opportunity to make representations, either orally or in writing, at the discretion of the commissioner, before the commissioner finalizes the report.
(5) The commissioner must provide his or her report, upon its completion, to the Speaker of the Legislative Assembly who must immediately cause the report to be laid before the Legislative Assembly if it is in session or, if not in session, to the Clerk of the Legislative Assembly who must send a copy of it to all members of the Legislative Assembly.
(6) The commissioner shall, at the same time that the report is provided under subsection (5) to the Clerk of the Legislative Assembly, provide a copy of it to the public office holder or former public office holder who is the subject of the report and make the report available to the public.
(7) In conducting an inquiry under subsection (1) or if the commissioner undertakes a special assignment under section 31.1, the commissioner has the powers of a commissioner under sections 15 and 16 of the Inquiry Act.
(8) An inquiry must be conducted in private.
(9) Evidence given by an individual in an inquiry and evidence of the existence of an inquiry are inadmissible against the individual in a court or in any other proceeding, other than in proceedings for perjury in respect of a statement made to the commissioner.
(10) The commissioner, and every individual acting on behalf of or under the direction of the commissioner, may not disclose any information that comes to their knowledge in the performance of their duties and functions under this section, unless
(a) the disclosure is, in the opinion of the commissioner, necessary for the purpose of conducting an investigation under this section or establishing the grounds for any findings or conclusions contained in a report under subsection 34 (3),
(b) the information is disclosed in a report under subsection 34 (3), or in the course of a proceeding for perjury in respect of a statement made to the commissioner, or
(c) the commissioner believes on reasonable grounds that the disclosure is necessary for the purpose of advising a peace officer having jurisdiction to investigate an alleged offence under this Act or any other enactment of British Columbia or under an Act of Parliament.
(11) The commissioner shall immediately suspend an investigation under this section if the Registrar discovers that the subject-matter of the investigation is also the subject matter of an investigation to determine whether an offence under this Act or any other enactment of British Columbia or under an Act of Parliament has been committed or that a charge has been laid with respect to that subject-matter.
(12) The commissioner may not continue an investigation under this section until any investigation or charge regarding the same subject-matter has been finally disposed of.
36 The Members' Conflict of Interest Act, R.S.B.C. 1996, c. 287 is amended by repealing section 22
37 The Members' Conflict of Interest Act, R.S.B.C. 1996, c. 287 is amended by repealing section 23
38 The Members' Conflict of Interest Act, R.S.B.C. 1996, c. 287 is amended by moving section 24 to section 39
39 The Members' Conflict of Interest Act, R.S.B.C. 1996, c. 287 is amended:
(a) by repealing section 25 and substituting the following:
25 No former public office holder shall act in such a manner as to take improper advantage of his or her previous public office.
and
(b) by re-enacting section 25 at section 40
40 The Members' Conflict of Interest Act, R.S.B.C. 1996, c. 287 is amended:
(a) by repealing sections 26 and 27
(b) by replacing section 26 with the following:
26 (1) No former public office holder shall act for or on behalf of any person or organization in connection with any specific proceeding, transaction, negotiation or case to which the Crown is a party and with respect to which the former public office holder had acted for, or provided advice to, the Crown.
(2) No former public office holder shall give advice to his or her client, business associate or employer using information that was obtained in his or her capacity as a public office holder and is not available to the public.
(3) No former public office holder shall enter into a contract of service with, accept an appointment to a board of directors of, or accept an offer of employment with, an entity with which he or she had direct and significant official dealings during the period of one year immediately before his or her last day in office.
(4) No former public office holder shall make representations whether for remuneration or not, for or on behalf of any other person or entity to any department, organization, board, commission or tribunal with which he or she had direct and significant official dealings during the period of one year immediately before his or her last day in office.
(5) No former public office holder who was a member of Executive Council or deputy minister shall make representations to a current member of Executive Council or deputy minister who was a member of Executive Council or a deputy minister at the same time as the former public office holder.
27 (1) With respect to all former public office holders except former members of Executive Council and former deputy ministers, the prohibitions set out in subsections 26 (3) and (4) apply for the period of one year following the former public office holder's last day in office.
(2) With respect to former members of Executive Council and former deputy ministers, the prohibitions set out in subsections 26 (3) to (5) apply for a period of two years following their last day in office.
(c) by re-enacting section 26 at section 40.1
41 The Members' Conflict of Interest Act, R.S.B.C. 1996, c. 287 is amended by adding the following section:
33 (1) The commissioner may order a public office holder, in respect of any matter, to take any compliance measure, including divestment or recusal, that the commissioner determines is necessary to comply with this Act.
(2) If the commissioner determines that a former public office holder is not complying with his or her obligations under this Act or section 15 of the Lobbyists Registration Act, the commissioner may order any current public office holders not to have official dealings with that former public office holder.
(3) All current public office holders shall comply with an order of the commissioner made under subsection (2).
42 The Members' Conflict of Interest Act, R.S.B.C. 1996, c. 287 is amended by adding the following section:
35 (1) No action lies against the commissioner or any former commissioner or any other individual who is or was employed or engaged by the commissioner for anything done in good faith under this Act.
(2) No action lies against an individual who in good faith provides information or gives evidence in an investigation under this Act or to an individual employed or engaged by the commissioner.
43 The Members' Conflict of Interest Act, R.S.B.C. 1996, c. 287 is amended by adding the following section:
36 (1) The commissioner shall maintain a registry consisting of the following documents for examination by the public:
(a) public declarations made under section 29.1;
(b) summary statements made under section 19;
(c) notes of every gift or other advantage disclosed under subsection 7 (3);
(d) disclosures filed with the commissioner under section 34 (3);
(e) reports prepared pursuant to section 34 (3); and
(f) any other documents that the commissioner considers appropriate.
44 The Members' Conflict of Interest Act, R.S.B.C. 1996, c. 287 is amended by adding the following section:
37 (1) If the commissioner finds after an inquiry under section 34 that a person has contravened a provision of this Act, that person commits an offence under this Act.
(2) A person who supplies false or misleading information in a return or other document submitted to the commissioner under this Act commits an offence.
(3) A person does not commit an offence under subsection (2) if, at the time the information was supplied, the person did not know that it was false or misleading and, with the exercise of reasonable diligence, could not have known that it was false or misleading.
(4) A person who commits an offence under subsection (1) or (2) is liable to a fine of not more than $50,000.
(5) Section 5 of the Offence Act does not apply in respect of this Act or the regulations.
45 The Members' Conflict of Interest Act, R.S.B.C. 1996, c. 287 is amended by adding the following section:
38 (1) If a public office holder is found to have committed an offence under this Act, the commissioner may — if satisfied that it is in the public interest, taking into account the gravity of the offence and whether the offence was a second or subsequent offence under this Act recommend the suspension from public office of that person for a period of not more than two years.
(2) Any recommendation of suspension made by the commissioner is to be made in a report laid before the Legislative Assembly pursuant to subsection 34 (5).
(3) The Legislative Assembly must consider the commissioner's recommendation and respond to it.
This Act amends the Members Conflict of Interest Act and the Lobbyist Registration Act. The amendments are informed by the recently enacted Federal Accountability Act, and the Acts share the key objective of ensuring that lobbying activities are carried out in an ethical and transparent manner. The amendments also align with recent recommendations made by the Information and Privacy Commissioner.
Amendments to the Lobbyist Registration Act provide clear rules to ensure that lobbying is done ethically and transparently. They amend the definition of "lobby" to remove restrictions on recognized lobbying activities, establish clear reporting responsibilities, and protect the public interest by ensuring that British Columbians have access to adequate information about lobbyists.
The Members Conflict of Interest Act is renamed the Conflict of Interest Act. This reflects its increased scope, which now includes non-parliamentarian public office appointees, such as ministerial staff and advisors. It strengthens conflict of interest rules, and establishes new rules for blind trusts.
This Act ensures greater accountability and transparency in lobbying activities in British Columbia. It establishes more stringent conflict of interest laws, while also broadening their scope.