BILL NO. 5
1st Session, 58th General Assembly
Nova Scotia
48 Elizabeth II, 1999
Lobbyists' Registration Act
Robert L. Chisholm
Halifax Atlantic
First Reading: October 18, 1999
Second Reading:
Third Reading:
An Act to Require the Registration
of Lobbyists in Nova Scotia
Be it enacted by the Governor and Assembly as follows:
1 This Act may be cited as the Lobbyists Registration Act.
2 In this Act,
(a) "lobbying" means attempting to influence, directly or indirectly,
(ii) the making or changing of Government policies or programs,
(iii) decisions of the Government concerning the expenditure of public money, including loans and loan guarantees,
(iv) appointments to Provincial boards, commissions or other public offices;
(b) "lobbyist" means a person who, for compensation, advises on or engages in lobbying activities directed at
(ii) deputy ministers,
(iii) the civil service,
(iv) members of boards, commissions and bodies appointed by the Governor in Council, or
(v) members of the House of Assembly and the staff of such members;
(c) "Registrar" means the Registrar of Lobbyists designated by this Act;
(d) "Registry" means the Registry of Lobbyists established pursuant to this Act.
3 (1) This Act does not apply to
(a) members of the House of Assembly, of the House of Commons or the Senate of Canada or of the legislature of another province or persons employed by such members;
(b) employees of the Government of the Province, the Government of Canada or of another province or an agency thereof;
(c) members of a council or other statutory body charged with the administration of the civil or municipal affairs of a regional municipality, town or municipality of a county or district, including a school board, and persons employed by such members or officers or employees of a regional municipality, town or municipality of a county or district, including a school board;
(d) members of the council of a band within the meaning of the Indian Act (Canada) and persons employed by such members or council; or
(e) diplomatic agents, consular officers or official representatives in Canada of a foreign government or officials of an international organization to whom there are granted privileges and immunities by or pursuant to an Act of the Parliament of Canada,
when acting in their official capacity.
(2) This Act does not apply to an oral or written submission made to
(a) a committee of the House of Assembly or to any body or person having jurisdiction or powers conferred by an Act of the House of Assembly in proceedings that are a matter of public record; or
(b) a public-office holder by an individual on behalf of a person or organization with respect to the enforcement, interpretation or application of an Act of the House of Assembly, or a regulation made pursuant thereto, by the public-office holder and with respect to that person or organization.
(3) Nothing in this Act shall be construed as requiring the disclosure of the name or identity of a person where such disclosure could reasonably be expected to threaten the safety of the individual.
4 (1) The Chief Clerk of the House of Assembly is the Registrar of Lobbyists for the purpose of this Act.
(2) The Registrar has power to investigate compliance with this Act, including the authority to receive complaints, carry out investigations in order to verify the complaint and, where necessary, refer the matter to the appropriate authorities for further action.
5 (1) A lobbyist who undertakes a lobbying activity on behalf of a person shall, not later than ten days after entering into an undertaking with that person, file with the Registrar in the form and manner prescribed by the regulations a return setting out
(a) the name and business address of the lobbyist;
(b) the name and address of the firm or organization in which the person is employed;
(c) the name and address of the client;
(d) where the client is a corporation, the name and address of each of the corporations subsidiaries and, where the corporation is a subsidiary of another corporation, the name and address of that corporation;
(e) a description of the issue and matter upon which the lobbying activity is to take place; and
(f) a statement of the expenses expected to be incurred in carrying out the lobbying undertaking during the ensuing three-month period.
(2) At the end of each successive three-month period until the termination of an undertaking to which subsection (1) applies, a lobbyist shall file a return setting out
(a) the expenses incurred for the undertaking during the preceding period;
(b) any modifications of the undertaking agreed to by the parties during the period; and
(c) a list of the agencies and public officials to whom representations have been made during the period.
(3) Upon completion of an undertaking to which subsection (1) applies, a lobbyist shall file a return summarizing
(a) the expenses incurred for lobbying activity;
(b) any modifications of the undertaking agreed to by the parties during the lobbying activity; and
(c) a list of the agencies and public officials to whom representations have been made during the lobbying activity.
6 (1) The Registrar shall establish and maintain a Registry of Lobbyists that shall contain a record of all information submitted to the Registrar pursuant to this Act.
(2) The Registry shall be open to public inspection at such place and during such reasonable hours as may be determined by the Registrar.
7 The Registrar shall, within three months after the end of each fiscal year, prepare a report respecting the administration of this Act during the fiscal year and submit the report to the Speaker of the House of Assembly.
8 (1) No lobbyist to which this Act applies shall receive compensation from clients that is contingent in any manner upon the outcome of the lobbying activity.
(2) No person shall knowingly make a false or misleading statement in a return required to be filed pursuant to this Act.
9 (1) A person who contravenes or fails to comply with this Act is guilty of an offence and is liable, on summary conviction, to a fine of not more than twenty thousand dollars or, in default, to a term of imprisonment not exceeding two years.
(2) A person upon whom a penalty has been imposed pursuant to subsection (1) may, in addition to that penalty, be prohibited by the Registrar from acting as a lobbyist to which this Act applies for a period, in the discretion of the Registrar, not exceeding five years and not less than two years.
10 (1) The Governor in Council may make regulations
(a) prescribing the form of and manner of filing a return required by this Act;
(b) respecting any matter necessary or advisable to carry out effectively the intent and purpose of this Act.
(2) The exercise of the authority contained in subsection (1) is regulations within the meaning of the Regulations Act.
11 This Act comes into force six months after this Act receives Royal Assent or such earlier day as the Governor in Council orders and declares by proclamation.
This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 1999 Crown in right of Nova Scotia. Created October 18, 1999. Send comments to legc.office@gov.ns.ca.
