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

1 The title of the Lobbyists Registration Act, S.B.C. 2001, c. 42, is repealed and the following substituted:

LOBBYISTS TRANSPARENCY ACT .

2 Section 1 (1) is amended

(a) in paragraph (b) (i) of the definition of "designated filer" by striking out "his or her functions," and substituting "the officer's functions,",

(b) by repealing paragraph (a) of the definition of "former public office holder" and substituting the following:

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

(a.1) any individual, other than administrative support staff, formerly employed in a current or former office of a current member of the Executive Council, ,

(c) by repealing the definition of "in-house lobbyist" and substituting the following:

"in-house lobbyist" means, subject to subsection (4), a person who

(a) is an employee, officer or director of an organization,

(b) receives a payment for the performance of the person's functions, and

(c) lobbies on behalf of the organization or an affiliate; ,

(d) in the definition of "lobby" by striking out "means," and substituting "means" ,

(e) in paragraph (a) of the definition of "lobby" by striking out "in relation to a lobbyist," ,

(f) by repealing paragraphs (b) and (c) of the definition of "lobby" and substituting the following:

(b) to arrange a meeting between a public office holder and any other individual for the purpose of attempting to influence any of the matters referred to in paragraph (a) of this definition; , and

(g) by adding the following definitions:

"lobbying activity" means any of the activities described in paragraphs (a) and (b) of the definition of "lobby";

"relevant code of conduct" means a code of conduct that

(a) governs the conduct of a lobbyist in relation to engaging in lobbying activities in British Columbia, whether or not it also governs other activities,

(b) is publicly available, and

(c) meets prescribed criteria; .

3 Section 1 is amended by adding the following subsection:

(4) An individual is not an in-house lobbyist if the following apply:

(a) the individual is an employee, director or officer of an organization that has fewer than 6 employees;

(b) the lobbying by the individual, either alone or together with other individuals in the organization, on behalf of the organization or an affiliate of the organization,

(i) totals fewer than 50 hours in the preceding 12-month period, or

(ii) meets the prescribed criteria,

unless the primary purpose of the organization is

(iii) to represent the interests of its members, or

(iv) to promote or oppose issues,

and the lobbying by the individual is for that purpose.

4 Section 2 is amended by adding the following subsection:

(1.1) This Act does not apply to persons in a prescribed class of persons who engage in a prescribed activity in prescribed circumstances.

5 Section 2.2 (a) is repealed and the following substituted:

(a) to be a member of the Executive Council,

(a.1) to be an individual employed in a current or former office of a current member or former office of a former member of the Executive Council, .

6 The following section is added to Part 1.1:

Gift-giving prohibition

2.4  (1) A lobbyist must not give or promise to give, directly or indirectly, any gift or other benefit to the public office holder the lobbyist is lobbying.

(2) Subsection (1) does not apply to a gift or other benefit if the following apply:

(a) the gift or benefit is given or promised to be given under the protocol or social obligations that normally accompany the duties or responsibilities of office of the public office holder;

(b) the total value of gifts or benefits described in paragraph (a) given or promised to be given, directly or indirectly, by the lobbyist to the public office holder in a 12-month period is less than a prescribed amount.

7 Section 3 is amended

(a) in subsection (1) by striking out "Within 10 days after entering into an undertaking to lobby on behalf of a client," and substituting "Within 10 days after beginning to lobby on behalf of a client,", by striking out "return" and substituting "registration return" and by striking out "form" and substituting "form and manner",

(b) by repealing subsection (2) and substituting the following:

(2) Only one registration return need be filed under subsection (1) for each undertaking even though a consultant lobbyist named in the registration return may, in connection with the undertaking, carry on more than one lobbying activity. ,

(c) by repealing subsection (3) and substituting the following:

(3) The designated filer of an organization must file with the registrar, within 10 days of the date the organization first has an in-house lobbyist, a registration return in the prescribed form and manner and containing the information required by section 4. , and

(d) by adding the following subsection:

(4) Only one registration return need be filed under subsection (3) for each organization, even though an organization may have more than one in-house lobbyist or an in-house lobbyist named in the registration return may carry on more than one lobbying activity.

8 Section 4 (1) is amended

(a) by striking out "Each return filed" and substituting "Each registration return filed",

(b) in paragraph (a) by striking out "whether he or she" and substituting "whether the designated filer",

(c) by repealing paragraph (b) and substituting the following:

(b) if the registration return is filed by a consultant lobbyist,

(i) the name and business address of the firm, if any, where the consultant lobbyist is engaged in business,

(ii) the date that the consultant lobbyist begins to lobby under an undertaking on behalf of the client named in the registration return and, if known, the date that the undertaking is scheduled to terminate,

(iii) the name of each individual engaged by the consultant lobbyist to lobby on behalf of the client,

(iv) whether the payment to the consultant lobbyist by the client is, in whole or in part, contingent on

(A) the outcome of any matter set out in paragraph (a) of the definition of "lobby", or

(B) the consultant lobbyist's success in arranging a meeting referred to in paragraph (b) of the definition of "lobby", and

(v) if the consultant lobbyist has been engaged to lobby on behalf of a client of a person or organization, the name and business address of the client; ,

(d) in paragraph (c) by striking out "the return is filed" and substituting "the registration return is filed",

(e) by adding the following paragraph:

(c.1) if the registration return is filed by the designated filer for an in-house lobbyist, the date that the organization first has an in-house lobbyist and, if known, the date that the organization will no longer have an in-house lobbyist; ,

(f) in paragraph (f) by striking out "named in the return" and substituting "named in the registration return",

(g) by adding the following paragraphs:

(g.1) if the client or organization is a corporation, the name and business address of any person who or organization that

(i) is not included under paragraph (f) or (g) in a registration return, and

(ii) to the designated filer's knowledge after making reasonable inquiries, controls or directs the activities of the client or organization and has a direct interest in the outcome of the lobbying activities of each lobbyist named in the registration return who lobbies on behalf of the client or organization;

(g.2) if the client or organization is not a corporation, the name and business address of any person who or organization that, to the designated filer's knowledge after making reasonable enquiries, controls or directs the activities of the client or organization and has a direct interest in the outcome of the lobbying activities of each lobbyist named in the registration return who lobbies on behalf of the client or organization;

(g.3) the name and business address of any person who or organization, other than a government, government agency or Provincial entity, that, to the designated filer's knowledge after making reasonable enquiries,

(i) contributed, within the preceding 12 months, toward the lobbying activity on behalf of the client or organization of each lobbyist named in the registration return an amount equal to or greater than a prescribed amount, and

(ii) has a direct interest in the outcome of the lobbying activity; ,

(h) by repealing paragraph (i) and substituting the following:

(i) the name of any government, government agency or Provincial entity that has funded, in whole or in part, the client or organization within the preceding 12 months, and the amount of that funding;

(i.1) the name of any government, government agency or Provincial entity from which the client or organization has requested funding within the preceding 12 months, and the amount of that requested funding; ,

(i) in paragraph (j) by striking out "named in the return" and substituting "named in the registration return" and by striking out ", during the relevant period;" and substituting ", and any other prescribed information concerning the subject matter;",

(j) by repealing paragraph (k) and substituting the following:

(k) if a lobbyist named in the registration return has lobbied or expects to lobby a public office holder employed by or serving in a ministry of the government of British Columbia or a Provincial entity, the name of the ministry or Provincial entity and any prescribed information respecting the ministry or Provincial entity; ,

(k) by repealing paragraphs (l), (m) and (n),

(l) in paragraph (o) by striking out "named in the return" and substituting "named in the registration return", and

(m) in paragraph (p) by striking out "additional prescribed information" and substituting "prescribed information".

9 Section 4 is amended by adding the following subsection:

(1.2) Each registration return filed under section 3 must include the following declarations, as applicable:

(a) a declaration that no lobbyist named in the registration return is in violation of section 2.1 (2) or 2.2;

(b) a declaration, for each lobbyist named in the registration return,

(i) of whether there is in place an undertaking to comply with a relevant code of conduct, and

(ii) if an undertaking described in subparagraph (i) is in place, of the name of the code of conduct, where a copy of the code of conduct is publicly available and prescribed information.

10 Section 4 (2) to (6) is repealed.

11 The following sections are added:

Requirement to file monthly return

4.1  A designated filer who has filed a registration return under section 3 must file with the registrar a monthly return, in the prescribed form and manner and containing the information required under section 4.2, no later than 15 days after the end of every month, beginning with the month in which the registration return under section 3 is filed.

Form and content of monthly returns

4.2  (1) In this section:

"election advertising" has the same meaning as in the Election Act;

"senior public office holder" means an individual who

(a) is a member of the Executive Council,

(b) is employed, other than as administrative support staff, in the office of a member of the Executive Council,

(c) is a member of the Legislative Assembly,

(d) is employed, other than as administrative support staff, in the office of a member of the Legislative Assembly,

(e) is a parliamentary secretary,

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

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

(h) occupies a prescribed position in a Provincial entity;

"third party sponsor" has the same meaning as in the Election Act.

(2) Each monthly return filed under section 4.1 must include the following information in relation to each lobbying activity carried on, as applicable:

(a) the name and position title of the senior public office holder who was the object of the lobbying activity;

(b) the date of the lobbying activity;

(c) the names of the lobbyists who participated in the lobbying activity;

(d) particulars, including any prescribed particulars, to identify the subject matter of the lobbying activity;

(e) the following information about a registration return filed under section 4:

(i) particulars of any change to the information in the registration return;

(ii) any information required under section 4 (1) that the designated filer acquired only after the return was filed;

(iii) any information requested by the registrar to clarify information supplied by the designated filer under section 4;

(f) if a lobbyist named in the monthly return or, in the case of a consultant lobbyist, a client of the consultant lobbyist has made, on or after the date the writ was issued for the last provincial election,

(i) a political contribution as defined in section 180 of the Election Act and that must be reported under section 206 or 210 of that Act,

(ii) a sponsorship contribution as defined in section 235.02 of the Election Act and that must be reported under section 243.01 or 244 of that Act, or

(iii) a recall contribution as defined in section 1 of the Recall and Initiative Act and that must be reported under section 124 of that Act

to

(iv) a member of the Legislative Assembly named under paragraph (a) of this subsection, or to that member's political party or constituency association, or

(v) in the case of a sponsorship contribution, to a third party sponsor that sponsors election advertising that promotes, directly, the election of a member of the Legislative Assembly named in paragraph (a) of this subsection, or that member's political party,

the fact that this contribution has been made;

(g) if a lobbyist named in the monthly return gave or promised to give a gift or other benefit to a public office holder, the name of the public office holder, a description of the gift or benefit, the value of the gift or benefit and the circumstances under which the gift or benefit was given and accepted or promised to be given;

(h) any other prescribed information.

(3) In addition to the information required under subsection (2), the first monthly return filed under section 4.1 must also include information specified in subsection (2) for each lobbying activity that occurred between the date that the requirement to file a registration return under section 3 arose and the end of the month immediately before the filing of the monthly return.

(4) Only one monthly return need be filed under section 4.1 in respect of

(a) a consultant lobbyist for each undertaking, and

(b) an organization that has an in-house lobbyist,

even though a lobbyist named in the monthly return may, in connection with the undertaking or organization, carry on more than one lobbying activity.

(5) A designated filer need not file a monthly return under section 4.1 if no lobbying activity occurred in the applicable month and if no information specified in subsection (2) (e) is required to be filed.

(6) Despite subsection (5), if no monthly returns have been filed for 5 consecutive months after the last monthly return was filed, a designated filer must file a monthly return under section 4.1 stating that the lobbyist named in the monthly return has not carried on lobbying activities in that time period.

(7) If a designated filer has not filed a monthly return, if and as required under subsection (6), the registration of the lobbyist referred to in subsection (6) is terminated 30 days after the monthly return under subsection (6) was due.

(8) Within 30 days after the termination of an undertaking for which a monthly return was filed, the consultant lobbyist who filed the monthly return must inform the registrar of the termination of the undertaking and indicate the date on which the termination occurred.

(9) Within 30 days after an individual named in a monthly return as an in-house lobbyist has ceased to be an in-house lobbyist for the organization named in the monthly return, the designated filer must inform the registrar of that cessation and indicate the date that it occurred.

(10) Any information required under subsections (2) (e), (9) and (10) must be supplied to the registrar in the prescribed form and manner.

(11) The obligation to file a monthly return under section 4.1 ends on the fifteenth day of the month following,

(a) for a consultant lobbyist, the month in which the registrar is informed under subsection (8) of the termination of the undertaking and of the date on which the termination occurred, and

(b) for an in-house lobbyist, the month in which the registrar is informed under subsection (9) that the in-house lobbyist has ceased to be an in-house lobbyist for the organization and of the date on which that cessation occurred.

12 Section 7.2 is amended

(a) by repealing subsection (2) (b) and substituting the following:

(b) may impose a monetary administrative penalty of not more than $25 000, ,

(b) in subsection (2) by adding the following paragraph:

(b.1) if the registrar considers it to be in the public interest, taking into account the gravity of the contravention and the number of previous contraventions or administrative penalties imposed, if any, may impose a prohibition on lobbying and on filing or on having a registration return filed in respect of the person, for a period of not more than 2 years, ,

(c) by repealing subsection (2) (c) and substituting the following:

(c) must give to the person notice

(i) if the registrar determines that the person has contravened a prescribed provision of this Act or the regulations, and the reason for the determination,

(ii) if a monetary administrative penalty is imposed, of the amount, the reason for the amount and the date by which the penalty must be paid,

(iii) if an administrative penalty of prohibition is imposed, of the reason for the prohibition and the start date and end date of the prohibition, and

(iv) respecting how the person may request reconsideration, under section 7.3, of the determination of contravention and, as applicable, the imposition or amount of the monetary administrative penalty or the imposition or duration of the administrative penalty of prohibition. , and

(d) by adding the following subsection:

(4) If the registrar imposes a prohibition under subsection (2) or confirms or varies a prohibition under section 7.3, or the court confirms or varies a prohibition under section 7.41, the registrar must ensure that information relating to the prohibition is made publicly available as soon as possible after the latest of the following, as applicable, has occurred:

(a) the time for requesting a reconsideration under section 7.3 (1) has expired;

(b) the registrar has given notice of the registrar's decision under section 7.3 (3);

(c) the time for applying for court relief under section 7.41 has expired;

(d) the court has rendered its decision under section 7.41 (7).

13 Section 7.3 is amended

(a) by repealing subsection (1) and substituting the following:

(1) Within 30 days after being informed of a contravention in accordance with section 7.2, a person may request the registrar to reconsider a decision under any or all of section 7.2 (2) (a), (b) or (b.1), as applicable. ,

(b) by repealing subsection (2) and substituting the following:

(2) A request under subsection (1) for a reconsideration of a decision under any or all of section 7.2 (2) (a), (b) or (b.1), as applicable,

(a) must

(i) be in writing, and

(ii) identify the grounds on which a reconsideration is requested, and

(b) in the case of a request for a reconsideration of a decision under section 7.2 (2) (b.1), may include a request for a stay of the prohibition order in respect of which the reconsideration is requested. ,

(c) by repealing subsection (3) and substituting the following:

(3) On receiving a request under subsection (1), the registrar must do all of the following:

(a) consider the grounds on which the reconsideration is requested;

(b) confirm or rescind the decision referred to in any or all of section 7.2 (2) (a), (b) or (b.1), as applicable, or confirm or vary the monetary amount or the prohibition duration;

(c) if the monetary amount is confirmed or varied, confirm or extend the date by which the amount must be paid;

(d) if the prohibition duration is confirmed or varied, specify the dates that the prohibition starts and ends;

(e) notify the person in writing of the matters under paragraphs (b) to (d) of this subsection, as applicable, and of the reasons for the decision to rescind, confirm or vary under this section. , and

(d) by adding the following subsection:

(4) If a request for reconsideration under this section includes a request for a stay of the prohibition in respect of which the reconsideration is requested, the registrar may

(a) grant or refuse a stay of that prohibition, and

(b) impose conditions on a stay granted under this section.

14  Section 7.4 is amended

(a) in subsection (1) by striking out "an administrative penalty" and substituting "a monetary administrative penalty" and by striking out "the administrative penalty" and substituting "the monetary administrative penalty",

(b) in subsection (2) by striking out "An administrative penalty" and substituting "A monetary administrative penalty",

(c) in subsection (3) by striking out "an administrative penalty" and substituting "a monetary administrative penalty" and by striking out "the administrative penalty" and substituting "the monetary administrative penalty", and

(d) in subsection (4) by striking out "All administrative penalties" and substituting "All monetary administrative penalties".

15 The following section is added:

Court order for relief from prohibition on lobbying

7.41  (1) A person may apply to the Supreme Court in accordance with this section for relief from a prohibition on lobbying confirmed or varied under section 7.3.

(2) An application under subsection (1) must be made by petition within 30 days of receiving notice of the registrar's reconsideration decision on a prohibition.

(3) A petition must state the grounds for the application.

(4) A petition may include a request for a stay of the prohibition in respect of which the court relief is sought.

(5) A petition must be served on the registrar within 7 days after it is filed, and the registrar is a party to the application.

(6) If the application includes a request for a stay of the prohibition in respect of which the court relief is sought, the court may

(a) grant or refuse a stay of that prohibition, and

(b) impose conditions on a stay granted under this section.

(7) On the hearing of an application, the court may

(a) confirm or rescind the prohibition,

(b) vary the duration of the prohibition and specify the start date and end date of a varied prohibition duration, or

(c) add conditions to the prohibition.

16 Section 7.8 is amended

(a) in subsection (1) by striking out "and" at the end of paragraph (a), by striking out "any administrative penalty" in paragraph (b) and substituting "any monetary administrative penalty", by adding ", and" to the end of paragraph (b) and by adding the following paragraph:

(c) the duration of any prohibition imposed on lobbying or filing and the dates that the prohibition starts and ends. ,

(b) in subsection (2) by striking out "in respect of any communication or meeting referred to in the definition of "lobby" in section 1 (1)." and substituting "in respect of any lobbying activity.", and

(c) by repealing subsection (3) and substituting the following:

(3) If after a hearing under section 7.2 a monetary administrative penalty or a prohibition on lobbying is imposed, the registrar is not required to report under subsection (1) of this section until the latest of the following, as applicable, has occurred:

(a) the time for requesting a reconsideration under section 7.3 (1) has expired;

(b) the registrar has given notice of the registrar's decision under section 7.3 (3);

(c) the time for applying for court relief under section 7.41 has expired;

(d) the court has rendered its decision under section 7.41 (7).

17  Section 7.92 is amended

(a) by repealing subsection (5) (c) and substituting the following:

(c) in an application for judicial review of, or a court application for relief from, a decision of the registrar made under this Part. , and

(b) in subsection (6) by striking out "may disclose to the Assistant Deputy Attorney General, Criminal Justice Branch, information relating to the commission of the alleged offence." and substituting "may disclose to a law enforcement agency information relating to the commission of the alleged offence."

18 Section 8 (1) is amended by striking out "completed or".

19 Section 10 (1) is amended by striking out "2.2, 3 (1) or (3) or 4" and substituting "2.2, 2.4, 3 (1) or (3), 4, 4.1 or 4.2".

20 Section 10 (3.2) is amended by striking out "subsection (7)" and substituting "subsection (7) of this section or section 7.2 (2) (b.1)".

21 Section 10 (8) is amended by striking out "entered into the registry" and substituting "made publicly available".

22 Section 10.1 is amended

(a) in subsection (1) by striking out "administrative penalty" in both places and substituting "monetary administrative penalty or administrative penalty of prohibition", and

(b) in subsection (2) by striking out "administrative penalty" and substituting "monetary administrative penalty or administrative penalty of prohibition".

23 Section 11 (2) is amended

(a) by repealing paragraph (a.1),

(b) by adding the following paragraphs:

(a.5) prescribing criteria for determining whether a code of conduct is relevant for the purposes of section 1 (1);

(a.6) prescribing criteria for the determination of time spent lobbying for the purposes of section 1 (4);

(a.7) prescribing criteria for the determination of the primary purpose of an organization for the purposes of section 1 (4); ,

(c) in paragraph (b) by striking out "under section 3" and substituting "under section 3 or 4.1",

(d) by repealing paragraph (d) and substituting the following:

(d) prescribing information for the purposes of sections 4 (1) (p) and 4.2 (2) (h); , and

(e) by adding the following paragraphs:

(g.1) prescribing classes of persons, activities and circumstances for the purposes of section 2 (1.1);

(g.2) prescribing amounts, which may be different for different classes of public office holders, for the purposes of section 2.4;

(g.3) prescribing the form and manner for filing registration returns under section 3 (1) and (3);

(g.4) prescribing an amount of financial contribution for the purposes of section 4 (1) (g.3);

(g.5) prescribing types of information for the purposes of section 4 (1) (j);

(g.6) prescribing information for the purposes of section 4 (1.2);

(g.7) prescribing the form and manner for filing monthly returns for the purposes of section 4.1;

(g.8) prescribing the manner of reporting lobbying activity, and prescribing information, for the purposes of section 4.2 (2) (b);

(g.9) prescribing particulars to identify subject matters for the purposes of section 4.2 (2) (d);

(g.10) prescribing the form and manner for the supply of information to the registrar under section 4.2 (11);

(g.11) making provisions for the purpose of addressing any transition required respecting the registration and monthly filing requirements under sections 3 to 4.2;

(g.12) respecting any matter for which regulations are contemplated by this Act.

24 The following section is added:

Review of Act

11.1  (1) At least once every 5 years, a committee of the Legislative Assembly must begin a review of this Act and must submit a report respecting this Act to the Legislative Assembly within one year after beginning the review.

(2) A report submitted under subsection (1) may include any recommended amendments to this Act or any other Act.

(3) For the purposes of subsection (1), the first 5-year period begins on the date that this section comes into force.

 
Consequential Amendments

Freedom of Information and Protection of Privacy Act

25 The Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996, c. 165, is amended by striking out "Lobbyists Registration Act" wherever it appears and substituting "Lobbyists Transparency Act".

Public Interest Disclosure Act

26 Section 1 of the Public Interest Disclosure Act, S.B.C. 2018, c. 22, is amended in paragraph (f) of the definition of "office" by striking out "Lobbyists Registration Act" and substituting "Lobbyists Transparency Act".

Commencement

27  The provisions of this Act referred to in column 1 of the following table come into force as set out in column 2 of the table: