HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

1 The heading to Part 1 of the Lobbyists Registration Act, S.B.C. 2001, c. 42, is repealed and the following substituted:

Part 1 – Interpretation and Application .

2 Section 1 (1) is amended by adding the following definition:

"former public office holder" means

(a) a former member of the Executive Council and any individual formerly employed in the former member's former office, other than administrative support staff,

(b) a former parliamentary secretary, or

(c) any individual who formerly occupied

(i) a senior executive position in a ministry, whether by the title of deputy minister, chief executive officer or another title,

(ii) the position of associate deputy minister, assistant deputy minister or a position of comparable rank in a ministry, or

(iii) a prescribed position in a Provincial entity; .

3 The following heading is added after section 2:

Part 1.1 – Prohibitions and Exemptions .

4 Section 2.1 (2) is amended by striking out "A person" and substituting "Subject to section 2.3, a person".

5 Section 2.2 is repealed and the following substituted:

Lobbying prohibition

2.2  Subject to section 2.3, a person who is a former public office holder must not lobby, in relation to any matter, for a period of 2 years after the date the person ceased

(a) to be a member of the Executive Council or an individual employed in the member's office,

(b) to be a parliamentary secretary, or

(c) to occupy a position referred to in paragraph (c) of the definition of "former public office holder".

Exemption from prohibitions

2.3  (1) If the registrar is satisfied that it is in the public interest, the registrar may, on request and on any terms or conditions the registrar considers advisable, exempt a person from a prohibition set out in section 2.1 (2) or 2.2.

(2) If the registrar grants an exemption under subsection (1), the registrar must enter the following into the registry:

(a) the terms or conditions of the exemption;

(b) the registrar's reasons for granting the exemption.

6 Section 4 (1) is amended

(a) in paragraph (l) by striking out "the name of that member" and substituting "the name of that member and, if applicable, the name of that person on that member's staff",

(b) in paragraph (m) by striking out "the name of that minister" and substituting "the name of that minister and, if applicable, the name of that person on that minister's staff",

(c) in paragraph (n) by striking out "section 2.1" and substituting "section 2.1 (2) or 2.2", and

(d) in paragraph (o) by striking out "nature of the office" and substituting "nature of the position".

7 Section 4 (1.1) is repealed.

8 Section 10 (1) is amended by striking out "section 2.1 (2), 3 (1) or (3) or 4" and substituting "section 2.1 (2), 2.2, 3 (1) or (3) or 4".

9 Section 11 (2) is amended

(a) by adding the following paragraph:

(a.4) prescribing positions for the purposes of paragraph (c) (iii) of the definition of "former public office holder" in section 1 (1); , and

(b) by repealing paragraph (d.1).

Commencement

10  This Act comes into force by regulation of the Lieutenant Governor in Council.

 
Explanatory Notes

SECTION 1: [Lobbyists Registration Act, heading to Part 1] changes the name of the Part.

SECTION 2: [Lobbyists Registration Act, section 1] adds a definition.

SECTION 3: [Lobbyists Registration Act, heading to Part 1.1] adds a new Part.

SECTION 4: [Lobbyists Registration Act, section 2.1] is consequential to amendments made to the Act by this Bill.

SECTION 5: [Lobbyists Registration Act, sections 2.2 and 2.3]

• adds a prohibition;
• expands the registrar's power to grant an exemption from the prohibition.

SECTION 6: [Lobbyists Registration Act, section 4] adds a requirement, and is consequential to amendments made to the Act by this Bill.

SECTION 7: [Lobbyists Registration Act, section 4] is consequential to amendments made to the Act by this Bill.

SECTION 8: [Lobbyists Registration Act, section 10] establishes an offence.

SECTION 9: [Lobbyists Registration Act, section 11] is consequential to amendments made to the Act by this Bill.