BILL NO. 43
(as introduced)
2nd Session, 63rd General Assembly
Nova Scotia
67 Elizabeth II, 2018
Private Member's Bill
Conflict of Interest Act (amended)
and
Lobbyists' Registration Act (amended)
The Honourable Chris d'Entremont
Argyle–Barrington
First Reading: September 19, 2018
Second Reading:
Third Reading:
Explanatory Notes
Clause 1 amends the Conflict of Interest Act to require members of the House of Assembly to make every effort to avoid being placed in a conflict of interest as a result of lobbying.
Clause 2 requires a member of the Executive Council, where the member has a conflict of interest or where there is a reasonable perception that the member has conflict of interest with respect to a matter on which the member will be making a decision, to report that conflict of interest or perception of a conflict of interest to the Conflict of Interest Commissioner as well as to the President of the Executive Council or a minister designated by the President of the Executive Council.
Clause 3 makes the Conflict of Interest Commissioner the Registrar for the purpose of the Lobbyists' Registration Act.
Clauses 4 and 5 prohibit consultant lobbyists from providing advice to a public-office holder where they are lobbying any public-office holder on the same matter and vice-versa. They also prohibit consultant lobbyists from placing a public-office holder in a real or potential conflict of interest.
Clauses 6 and 7 prohibit in-house lobbyists from placing a public-office holder in a real or potential conflict of interest.
Clause 8 requires the Registrar to make Registry of returns filed under the Lobbyists' Registration Act available to the public through the Internet.
Clause 9 creates the power for the Registrar to conduct investigations into alleged non-compliance with the Act and regulations, impose penalties where non-compliance is found and provides for appeals of the decisions of the Registrar. The Registrar is required to publish an annual report is respect of those matters. Clause 8 also requires the Registrar to conduct a public review of the effectiveness of the Lobbyists' Registration Act every five years.
Clause 10 establishes penalties for the offences established by Clauses 4 to 7.
An Act to Amend Chapter 35
of the Acts of 2010,
the Conflict of Interest Act,
and Chapter 34 of the Acts of 2001,
the Lobbyists' Registration Act
1 Chapter 35 of the Acts of 2010, the Conflict of Interest Act, is amended by adding immediately after Section 14 the following Section:
- 14A (1) In this Section, "lobby" has the same meaning as in the Lobbyists' Registration Act.
(2) A member shall make every effort to avoid being placed in a conflict of interest as a result of lobbying.
2 Clause 20(a) of Chapter 35 is amended by adding "and to the Conflict of Interest Commissioner" immediately after "Council" the second time it appears in the third line.
3 Section 4 of Chapter 34 of the Acts of 2001, the Lobbyists' Registration Act, is repealed and the following Section substituted:
- 4 The Conflict of Interest Commissioner, appointed pursuant to the Conflict of Interest Act, is the Registrar for the purpose of this Act.
5 Chapter 34 is further amended by adding immediately after Section 5A the following Sections:
- 5B (1) No consultant lobbyist shall undertake to provide advice on a matter to a public-office holder for payment if the consultant lobbyist is lobbying any public-office holder on the same matter.
(2) No consultant lobbyist shall undertake to lobby a public-office holder on a matter if the consultant lobbyist is under contract with any public-office holder to provide advice on the same matter for payment.
5C (1) No consultant lobbyist shall, in the course of lobbying a public-office holder, place the public-office holder in a real or potential conflict of interest as described in subsection (2).
(2) A public-office holder is in a position of a conflict of interest if the public-office holder engages in an activity that is prohibited by the Conflict of Interest Act.
7 Chapter 34 is further amended by adding immediately after Section 7 the following Section:
- 7A (1) No in-house lobbyist shall, in the course of lobbying a public-office holder, place the public-office holder in a real or potential conflict of interest as described in subsection (2).
(2) A public-office holder is in a position of a conflict of interest if the public-office holder engages in an activity that is prohibited by the Conflict of Interest Act.
- (4) Notwithstanding subsection (3), the Registrar shall make the Registry available to the public through the Internet.
- 17A (1) The Registrar may conduct an investigation to determine if any person has not complied with this Act or the regulations.
(2) The Registrar shall not commence an investigation into an alleged non-compliance with this Act or the regulations more than two years after the date when the Registrar knew or should have known about the non-compliance.
(3) The Registrar may refuse to conduct an investigation into any alleged non-compliance with this Act or the regulations or may cease such an investigation for any reason, including if the Registrar believes that
(a) the matter could more appropriately be dealt with under another Act;
(b) the matter is minor or trivial; or
(c) dealing with the matter would serve no useful purpose because of the length of time that has elapsed since the matter arose.
17B The Registrar may, instead of commencing an investigation or at any time during the course of an investigation, refer the matter to another person or body so that it may be dealt with as a matter of law enforcement or in accordance with a procedure established under another Act, if the Registrar is of the opinion that doing so would be more appropriate that conducting or continuing an investigation under this Act.
17C (1) The Registrar may suspend an investigation if the Registrar discovers that
(a) another investigation into the same set of facts has commenced to determine whether an offence has been committed under this or any other Act of the Province or of Canada; or
(b) a charge has been laid with respect to the alleged non-compliance.
(2) The Registrar may resume a suspended investigation at any time, whether or not the investigation or charge described in clause (1)(a) or (b) has been finally disposed of, but before resuming a suspended investigation the Registrar shall consider
(a) whether the Registrar's investigation may be concluded in a timely manner; and
(b) whether the other investigation or charge will adequately deal with or has adequately dealt with the substance of the alleged non-compliance for the purpose of this Act.
17D (1) In conducting an investigation, the Registrar may
(a) require any person to provide any information that the person has if, in the opinion of the Registrar, the information is relevant to the investigation;
(b) require any person to produce any document or thing that is in the person's possession or under the person's control if, in the opinion of the Registrar, the document or thing is relevant to the investigation; and
(c) specify a date that is reasonable in the circumstances by which the information, document or thing must be provided or produced.
(2) The Registrar may summon any person who, in the Registrar's opinion, is able to provide information that is relevant to the investigation and require the person to attend in person or by electronic means and examine the person on oath or affirmation.
(3) The Registrar shall inform a person of the person's rights under the Canada Evidence Act (Canada).
(4) The Registrar may apply to the Supreme Court of Nova Scotia for an order directing a person to provide information, documents or things as required under subsection (1) or to attend and be examined pursuant to a summons issued under subsection (2).
(5) A person required to provide information or produce a document or thing under subsection (1) and a person examined under subsection (2) may be represented by counsel and may claim any privilege to which the person is entitled in any court.
17E (1) Where, after conducting an investigation, the Registrar believes that a person has not complied with this Act or the regulations, the Registrar shall
(a) give a notice to the person setting out
- (i) the alleged non-compliance,
(ii) the reasons why the Registrar believes there has been non-compliance, and
(iii) the fact that the person may exercise an opportunity to be heard under clause (b) and the steps by which the person may exercise that opportunity; and
(2) The notice must be in writing and delivered to the person personally, by electronic mail to an address provided by the person or by registered mail.
(3) Except as provided in this Section, the Registrar need not hold a hearing and no person has a right to be heard by the Registrar.
17F (1) Where, after conducting an investigation and giving a person that the Registrar believed to have not complied with this Act or the regulations an opportunity to be heard, the Registrar finds that the person has not complied with this Act or the regulations, the Registrar shall give a notice to the person setting out
(a) the finding of non-compliance;
(b) any penalty imposed under Section 17I; and
(c) the reasons for the finding and for the imposition of any penalty.
(2) The notice must also advise the person that the person may ask for reconsideration and judicial review of the Registrar's finding or the penalty imposed, or both.
(3) The notice must be in writing and delivered to the person personally, by electronic mail to an address provided by the person or by registered mail.
17G (1) Within fifteen days of receiving notice of the Registrar's finding under subsection 17F(1), the person against whom the finding is made may request that the Registrar reconsider the finding or the penalty imposed, or both.
(2) A request for reconsideration must be in writing and must identify the grounds on which the reconsideration is requested.
(3) Where a person requests reconsideration of the Registrar's finding or the penalty imposed, or both, the Registrar shall reconsider the finding or the penalty imposed, as the case may be, and give the person a notice of the Registrar's decision.
(4) The notice must be in writing and delivered to the person personally, by electronic mail to an address provided by the person or by registered mail.
17H Within sixty days after receiving the notice of the Registrar's finding under subsection 17F(1) or of the Registrar's decision under 17G(3), the person against whom the finding is made may make an application for judicial review of the Registrar's finding, the penalty imposed, or both.
17I (1) Where the Registrar's finding under Section 17F is that the person has not complied with this Act or the regulations, the Registrar may, taking into account the gravity of the non-compliance, the number of previous incidents of non-compliance committed by the same person and the number of previous convictions against the person for offences under this Act and, where the Registrar is of the opinion that it is in the public interest to do so, do either or both of the following:
(a) prohibit the person against whom the finding is made from lobbying for a period of not more than two years;
(b) subject to subsection (4), make public
- (i) the name of the person against whom the finding is made,
(ii) a description of the non-compliance, and
(iii) any other information that the Registrar considers necessary to explain the finding of non-compliance.
(3) Where the Registrar makes information public under subsection (1) or (2), the Registrar shall also include that information in the registry established and maintained under Section 11.
(4) The Registrar shall not make any information public under this Section until the time for making an application for judicial review under Section 17H has expired and no application has been made.
(5) A person who requests reconsideration under Section 17G or makes an application for judicial review under Section 17H may at the same time apply in writing to the Registrar to delay the imposition of any penalty or part of any penalty until the matter has been finally disposed of and, upon receipt of such application, the Registrar may delay implementing the penalty until the matter has been finally disposed of if the Registrar is of the opinion that the delay would be just in the circumstances.
17J (1) Subject to subsections (2) and (3), the Registrar and anyone acting for or under the direction of the Registrar shall not disclose to any person
(a) whether the Registrar is conducting an investigation under this Act; or
(b) any information, document or thing obtained in the course of conducting an investigation under this Act.
(2) The Registrar and anyone acting for or under the direction of the Registrar may disclose any information, document or thing obtained in the course of conducting an investigation under this Act where necessary to
(a) conduct an investigation under Section 17A;
(b) refer a matter under Section 17B;
(c) enforce a penalty imposed under Section 17I; or
(d) comply with the requirements of Section 17K.
(3) The Registrar and any person acting for or under the Registrar's direction shall not give or be compelled to give evidence in any court or in any other proceeding in respect of information, documents or things obtained in the course of conducting an investigation under this Act except
(a) in a prosecution for perjury;
(b) in a prosecution for an offence under this Act; or
(c) in an application for judicial review of a finding or penalty imposed by the Registrar.
17K The Registrar shall publish an annual report that includes
(a) the number of investigations conducted by the Registrar under this Act during the year, including the number of investigations that were commenced, concluded or resumed during the year and the number of matters that the Registrar refused to investigate or referred to another person or body during the year;
(b) a description in summary form of each investigation concluded or resumed and of each matter referred during the year; and
(c) any other information relevant to the administration of this Act the public disclosure of which the Registrar believes to be in the public interest.
17L The Registrar shall conduct a public review of the effectiveness of this Act by September 1, 2018, and every five years thereafter.
(a) adding ", 5B or 5C" immediately after "5A" in the second line;
(b) striking out "or" the second time it appears in the third line and substituting a comma; and
(c) adding "or Section 7A" immediately after "(5)" in the in the third line.
This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2018 Crown in right of Nova Scotia. Created September 19, 2018. Send comments to legc.office@novascotia.ca.
