Lobbyists' Registration Act (amended)

BILL NO. 122

(as introduced)

2nd Session, 61st General Assembly
Nova Scotia
59 Elizabeth II, 2010

Government Bill

Lobbyists' Registration Act
(amended)

The Honourable Ramona Jennex
Minister of Service Nova Scotia and Municipal Relations

First Reading: November 30, 2010

(Explanatory Notes)

Second Reading: December 9, 2010

Third Reading: December 10, 2010 (LINK TO BILL AS PASSED)

Explanatory Notes

Clause 1 adds a preamble to the Act.

Clause 2 expands the definition of "lobby" to include a reference to grass-roots communication.

Clause 3 extends the definitions relating to consultant lobbyists to Section 5A and amends a provision as a consequence of Clause 4.

Clause 4 prohibits contingency fees for consulting lobbyists and grandfathers existing contingency fee agreements for twenty-four months after proclamation of this Bill.

Clause 5 adds a breach of Section 5A to the offences listed in subsection 18(1).

Clause 6 provides that this Act comes into force on proclamation.

An Act to Amend Chapter 34
of the Acts of 2001,
the Lobbyists' Registration Act

Be it enacted by the Governor and Assembly as follows:

1 Chapter 34 of the Acts of 2001, the Lobbyists' Registration Act, is amended by adding immediately after the title the following preamble:

WHEREAS free and open access to government is an important matter of public interest;

AND WHEREAS lobbying public-office holders is a legitimate activity;

AND WHEREAS it is desirable that public-office holders and the public be able to know who is engaged in lobbying activities;

AND WHEREAS a system for the registration of paid lobbyists should not impede free and open access to government:

2 Clause 2(1)(c) of Chapter 34 is amended by adding ", directly or through grass-roots communication," immediately after "holder" in the second line.

3 (1) Subsection 5(1) of Chapter 34 is amended by adding "and Section 5A" immediately after "Section" in the first line.

(2) Subsection 5(4) of Chapter 34 is amended by striking out clause (j) and substituting the following clause:

(j) in the case of an agreement entered into before the coming into force of Section 5A and within twenty-four months after the coming into force of Section 5A, whether the payment to the consultant lobbyist is, in whole or in part, contingent on the consultant lobbyist's degree of success in lobbying as described in subclauses 2(1)(c)(i) to (viii);

4 Chapter 34 is further amended by adding immediately after Section 5 the following Section:

5A (1) A consultant lobbyist shall not receive any payment that is, in whole or in part, contingent on the consultant lobbyist's degree of success in lobbying as described in subclauses 2(1)(c)(i) to (viii).

(2) A client of a consultant lobbyist shall not make any payment to a consultant lobbyist that is, in whole or in part, contingent on the consultant lobbyist's degree of success in lobbying as described in subclauses 2(1)(c)(i) to (viii).

(3) Notwithstanding subsections (1) and (2), where a consultant lobbyist, before the coming into force of this Section, has entered into an agreement that provides for payment that is, in whole or in part, contingent on the consultant lobbyist's degree of success in lobbying as described in subclauses 2(1)(c)(i) to (viii), such payment is permitted for a maximum period of twenty-four months after this Section comes into force.

5 Subsection 18(1) is amended by adding ", Section 5A" immediately after "(8)" in the second line.

6 This Act comes into force on such 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 © 2010 Crown in right of Nova Scotia. Created December 17, 2010. Send comments to legc.office@novascotia.ca.

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