Acts and Regulations

2014, c.11 - Lobbyists’ Registration Act

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Current to 1 January 2024
CHAPTER 2014, c.11
Lobbyists’ Registration Act
Assented to May 21, 2014
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
DEFINITIONS
Definitions
1The following definitions apply in this Act:
“client” means a person or organization on whose behalf a consultant lobbyist undertakes to lobby.(client)
“Commissioner” means the Integrity Commissioner appointed under section 2 of the Integrity Commissioner Act.(commissaire)
“consultant lobbyist” means an individual who, for any form of remuneration or other benefit, undertakes to lobby on behalf of a client.(lobbyiste-conseil)
“Crown” means the Crown in right of the Province.(Couronne)
“lobby” means(lobbyisme)
(a) in relation to a consultant lobbyist or an in-house lobbyist, to communicate with a public office holder in an attempt to influence
(i) the development of any legislative proposal by the Government of New Brunswick or by a member of the Legislative Assembly,
(ii) the introduction of any public bill or any resolution in the Legislative Assembly or the passage, defeat or amendment of any public Act or any resolution that is before the Legislative Assembly,
(iii) the making or amendment of a regulation as defined in the Regulations Act,
(iv) the development, amendment or termination of any policy or program of the Government of New Brunswick,
(v) a decision by the Executive Council to transfer from the Crown for consideration all or part of, or any interest in or asset of, any business, enterprise or institution that provides goods or services to the Crown or to the public,
(vi) a decision by the Executive Council, a committee of the Executive Council or a minister of the Crown to have the private sector instead of the Crown provide goods or services to the Crown, and
(vii) the awarding of any grant, contribution or other financial benefit by or on behalf of the Crown;
(b) in relation to a consultant lobbyist,
(i) to arrange a meeting between a public office holder and any other person, and
(ii) to communicate with a public office holder in an attempt to influence the awarding of any contract by or on behalf of the Crown.
“organization” means(organisation)
(a) a business, trade, industry, professional or voluntary organization,
(b) a trade union or a labour organization,
(c) a chamber of commerce or a board of trade,
(d) an association, a charitable organization, a coalition or an interest group,
(e) a government, other than the Government of New Brunswick, and
(f) a body corporate, wherever or however incorporated, without share capital incorporated to pursue, without financial gain to its members, objects of a national, provincial, territorial, patriotic, religious, philanthropic, charitable, educational, agricultural, scientific, artistic, social, professional, fraternal, sporting or athletic character or other similar objects.
“public office holder” means(titulaire de charge publique)
(a) a member of the Legislative Assembly and any person on his or her staff,
(b) a member of the Executive Council and any person on his or her staff,
(c) a member of a District Education Council,
(d) a member of the board of directors of a regional health authority,
(e) an employee of any portion of the public service of the Province as specified in Part 1, 2, 3 or 4 of the First Schedule of the Public Service Labour Relations Act, and
(f) any other person or category of person prescribed by regulation.
“Registrar” Repealed: 2016, c.53, s.23
“undertaking” means an undertaking by a consultant lobbyist to lobby on behalf of a client. (engagement)
2016, c.53, s.23; 2023, c.17, s.145
PURPOSE OF ACT
Purpose of Act
2 The purpose of this Act is to recognize that
(a) free and open access to government is an important matter of public interest,
(b) lobbying public office holders is a legitimate activity when appropriately conducted,
(c) it is desirable that public office holders and the public be able to know who is attempting to influence government, and
(d) a system for registering paid lobbyists should not impede access to government.
APPLICATION OF ACT
This Act binds the Crown
3This Act binds the Crown.
Restriction on application
4(1)The following persons are not required to submit a return under section 5, 10 or 15 when acting in their official capacity:
(a) members of the Legislative Assembly and any person on their staff;
(b) members of the Executive Council and any person on their staff;
(c) members of the Senate or House of Commons of Canada or persons on the staff of those members;
(d) members of the legislative assembly of another province of Canada or the council or legislative assembly of a territory of Canada or persons on the staff of these members;
(e) employees of any portion of the public service of the Province as specified in Part 1, 2, 3 or 4 of the First Schedule of the Public Service Labour Relations Act and any other person or class of persons prescribed by regulation as an employee of the Province;
(f) employees of the Government of Canada or of another province or of a territory;
(g) members of a council or other statutory body charged with the administration of the affairs of a local government as defined in subsection 1(1) of the Local Governance Act, the staff of the council or body, as well as officers or employees of a local government;
(h) members of an advisory committee for a rural district established under the Local Governance Act;
(i) officers, directors or employees of a municipal association;
(j) officers, directors or employees of any body that represents governmental interests of a group of aboriginal people, including
(i) the council of a band as defined in the Indian Act (Canada), and
(ii) any body representing one or more bands;
(k) diplomatic agents, consular officers or official representatives in Canada of a foreign government;
(l) officials of a specialized agency of the United Nations in Canada or officials of any other international organization to whom privileges and immunities are granted by or under an Act of the Parliament of Canada;
(m) any other person or class of persons prescribed by regulation.
4(2)An individual is not required to submit a return under section 5, 10 or 15 in respect of
(a) any oral or written submission made in proceedings that are a matter of public record to a committee of the Legislative Assembly or to any body or person having jurisdiction or powers conferred by or under an Act,
(b) any oral or written submission made to a public office holder by an individual on behalf of a person, partnership or other body, in relation to
(i) the enforcement, interpretation or application of any Act or regulation made under any Act by that public office holder with respect to that person, partnership or other body, or
(ii) the implementation or administration of any policy, program, directive or guideline by that public office holder with respect to that person, partnership or other body,
(c) any oral or written submission made to a public office holder by an individual on behalf of a person, partnership or organization in direct response to a written request from a public office holder for advice or comment in respect of any matter referred to in paragraph (a) or subparagraph (b)(ii) of the definition “lobby” in section 1,
(d) any oral or written submission made to a member of the Legislative Assembly by an individual on behalf of a constituent of the member with respect to any personal matter of that constituent, and
(e) any communication made to a public office holder by a trade union with respect to the administration or negotiation of a collective agreement or matters related to the representation of a member or former member of a bargaining unit who is or was employed in the public service as defined in the Public Service Labour Relations Act.
4(3)This Act does not require identifying information about a person to be disclosed if the Commissioner is satisfied that disclosure could reasonably be expected to threaten the person’s safety.
2016, c.53, s.23; 2017, c.20, s.97; 2021, c.44, s.44
REGISTRATION OF LOBBYISTS
A
Consultant lobbyist
Duty to submit return, consultant lobbyists
5(1)A consultant lobbyist shall submit a return to the Commissioner
(a) within 15 days after commencing performance of an undertaking on behalf of a client, or
(b) within 30 days after the expiration of each six-month period after the date the previous return was filed.
5(2)If, on the coming into force of this section, a consultant lobbyist is performing an undertaking, the consultant lobbyist shall submit a return to the Commissioner not later than three months after this section comes into force.
2016, c.53, s.23
Changes to return
6If any information contained in his or her return is no longer correct, the consultant lobbyist shall inform the Commissioner within 30 days after he or she becomes aware of the change.
2016, c.53, s.23
Completion of undertaking
7 Within 30 days after an undertaking for which a return was filed is completed or terminated, the consultant lobbyist who submitted the return shall inform the Commissioner that the undertaking has been completed or terminated.
2016, c.53, s.23
Other information
8A consultant lobbyist shall provide the Commissioner with any information requested by the Commissioner to clarify any information contained in his or her return within 30 days after the request is made.
2016, c.53, s.23
Restriction on employment
8.1A consultant lobbyist shall inform the Commissioner when he or she ceases to be a consultant lobbyist and shall not be an employee of any portion of the public service of the Province as specified in Part 1, 2, 3 or 4 of the First Schedule of the Public Service Labour Relations Act for a six month period from the date the Commissioner is informed.
2016, c.53, s.23
B
In-house lobbyist (person or partnership that is not an organization)
Definitions
9The following definitions apply in this Division:
“employee” includes an officer who is compensated for the performance of the officer’s duties.(employé)
“in-house lobbyist” means an individual who is employed by a person or partnership that is not an organization, (lobbyiste salarié)
(a) a significant part of whose duties as an employee, as determined in accordance with the regulations, is to lobby on behalf of the employer or, if the employer is a corporation, on behalf of any subsidiary of the employer or any corporation of which the employer is a subsidiary, or
(b) a part of whose duties as an employee is to lobby on behalf of the person or partnership or, where the person is a corporation, on behalf of any subsidiary of the corporation or any corporation of which the corporation is a subsidiary, if the employee’s duties to lobby together with the duties of other employees to lobby would constitute a significant part of the duties of one employee, as determined in accordance with the regulations, if those duties to lobby were performed by only one employee.
Duty to submit return, in-house lobbyists
10(1)An in-house lobbyist shall submit a return to the Commissioner
(a) within two months after the day on which he or she becomes an in-house lobbyist, or
(b) within 30 days after the expiration of each six-month period after the date the previous return was filed.
10(2)If, on the coming into force of this section, an individual is an in-house lobbyist employed by a person or partnership that is not an organization, he or she shall submit a return to the Commissioner not later than three months after this section comes into force.
2016, c.53, s.23
Changes to return
11If any information contained in his or her return is no longer correct, the in-house lobbyist shall inform the Commissioner within 30 days after he or she becomes aware of the change.
2016, c.53, s.23
Ceasing duties or employment
12If an in-house lobbyist ceases to be an in-house lobbyist or to be employed by his or her employer, the employer shall advise the Commissioner of that not later than 30 days after it occurs.
2016, c.53, s.23
Other information
13An in-house lobbyist shall provide the Commissioner with any information requested by the Commissioner to clarify any information contained in his or her return within 30 days after the request is made.
2016, c.53, s.23
C
In-house lobbyist (organizations)
Definitions
14The following definitions apply in this Division:
“employee” includes an officer who is compensated for the performance of the officer’s duties.(employé)
“in-house lobbyist” means an individual who is employed by an organization (lobbyiste salarié)
(a) a significant part of whose duties as an employee, as determined in accordance with the regulations, is to lobby on behalf of the organization, or
(b) a part of whose duties as an employee is to lobby on behalf of the organization if the employee’s duties to lobby together with the duties of other employees to lobby would constitute a significant part of the duties of one employee, as determined in accordance with the regulations, if those duties to lobby were performed by only one employee.
Duty to submit return, in-house lobbyists
15(1)The senior officer of an organization that employs an in-house lobbyist shall submit a return to the Commissioner
(a) within two months after the day on which the person becomes an in-house lobbyist for the organization, or
(b) within 30 days after the expiration of each six-month period after the date the previous return was filed.
15(2)If, on the coming into force of this section, an organization employs an in-house lobbyist, the senior officer of the organization shall submit a return to the Commissioner not less than three months after the day on which this section comes into force.
2016, c.53, s.23
Changes to return
16If any information contained in a return of a senior officer of an organization is no longer correct, the senior officer of the organization shall inform the Commissioner within 30 days after he or she becomes aware of the change.
2016, c.53, s.23
Ceasing duties or employment
17If an in-house lobbyist ceases to be employed by an organization, the senior officer of the organization shall advise the Commissioner of that not later than 30 days after it occurs.
2016, c.53, s.23
Other information
18The senior officer of an organization shall provide the Commissioner with any information requested by the Commissioner to clarify any information in his or her return within 30 days after the request is made.
2016, c.53, s.23
CERTIFICATION
Certification of returns or documents
19A person who submits a return or other document to the Commissioner shall certify on the return or document itself, in the manner specified by the Commissioner, that the information contained in it is true to the best of the person’s knowledge and belief.
2016, c.53, s.23
DOCUMENTS AND EVIDENCE
Submitting returns or other documents
20(1)A return or other document or information that is required to be submitted to the Commissioner under this Act shall be provided in the form and on the terms and conditions specified by the Commissioner.
20(2)On payment of the fee prescribed by regulation, the Commissioner shall file a return in the registry of lobbyists.
20(3)A return or other document or information shall be deemed to have been provided to the Commissioner at the time the Commissioner receives the return, document or information.
2016, c.53, s.23
Evidence
21 In any prosecution for an offence under a provision of this Act, a copy of a return or other document that is certified by the Commissioner as a true copy is admissible in evidence without proof of the certification or official capacity of the certifier and, in the absence of any evidence to the contrary, has the same probative force as the original return or document would have if it were proved in the usual way provided by law.
2016, c.53, s.23
POWERS AND DUTIES OF COMMISSIONER
2016, c.53, s.23
Registrar of Lobbyists
Repealed: 2016, c.53, s.23
2016, c.53, s.23
22Repealed: 2016, c.53, s.23
2016, c.53, s.23
Salary and benefits
Repealed: 2016, c.53, s.23
2016, c.53, s.23
23Repealed: 2016, c.53, s.23
2016, c.53, s.23
Eligibility for appointment
Repealed: 2016, c.53, s.23
2016, c.53, s.23
24Repealed: 2016, c.53, s.23
2016, c.53, s.23
Resignation of Registrar
Repealed: 2016, c.53, s.23
2016, c.53, s.23
25Repealed: 2016, c.53, s.23
2016, c.53, s.23
Suspension or removal of Registrar
Repealed: 2016, c.53, s.23
2016, c.53, s.23
26Repealed: 2016, c.53, s.23
2016, c.53, s.23
Acting Registrar
Repealed: 2016, c.53, s.23
2016, c.53, s.23
27Repealed: 2016, c.53, s.23
2016, c.53, s.23
Filling vacancies
Repealed: 2016, c.53, s.23
2016, c.53, s.23
28Repealed: 2016, c.53, s.23
2016, c.53, s.23
Powers and duties
29In addition to the other powers conferred or other duties imposed under this Act, the Commissioner’s duties and functions include developing and implementing educational programs to foster public awareness of the requirements of this Act, particularly on the part of lobbyists, their clients and public office holders.
2016, c.53, s.23
Staff of the office of the Registrar
Repealed: 2016, c.53, s.23
2016, c.53, s.23
30Repealed: 2016, c.53, s.23
2016, c.53, s.23
Delegation of powers
Repealed: 2016, c.53, s.23
2016, c.53, s.23
31Repealed: 2016, c.53, s.23
2016, c.53, s.23
REGISTRY OF LOBBYISTS
Registry of lobbyists
32(1)The Commissioner shall establish and maintain a registry of lobbyists in which a record of all returns and other documents submitted to the Commissioner under this Act are to be kept.
32(2)The registry of lobbyists shall be organized and kept in the form that the Commissioner determines.
32(3)The registry of lobbyists shall be available for public inspection in the manner and at the reasonable times the Commissioner determines.
32(4)The Commissioner shall make the registry of lobbyists available electronically, including through the Internet.
2016, c.53, s.23
Commissioner may verify information
2016, c.53, s.23
33The Commissioner may verify the information contained in a return or other document submitted under this Act.
2016, c.53, s.23
Commissioner may refuse to accept a return or other document
2016, c.53, s.23
34(1)The Commissioner may refuse to accept a return or other document that does not comply with this Act or the regulations, or that contains information not required to be supplied or disclosed.
34(2)If the Commissioner refuses to accept a return or other document, the Commissioner shall inform the person who submitted it of the refusal and the reason for the refusal and, if the individual cannot reasonably submit another return or document by the time set out in this Act for submitting the return or the document, shall provide the person with a reasonable extension of time to submit another return or document.
34(3)If the Commissioner accepts another return or document within the extension of time referred to in subsection (2), the return or document is deemed to have been submitted on the day on which the return or other document that was refused by the Commissioner was received.
2016, c.53, s.23
Commissioner may remove return
2016, c.53, s.23
35(1)The Commissioner may remove a return from the registry of lobbyists if the individual who submitted the return
(a) fails to advise the Commissioner of the matters required by section 7 within the period required by that subsection, or
(b) fails to give the Commissioner any requested information relating to the return within the period specified by this Act.
35(2)If a return under subsection (1) is removed from the registry of lobbyists, the Commissioner shall inform the person who submitted it of the removal and the reason for the removal and the individual who submitted it is deemed, for the purposes of the individual’s existing and future obligations under this Act, not to have submitted the return.
2016, c.53, s.23
Advisory opinions and interpretation bulletins
36(1)The Commissioner may issue and publish in any manner the Commissioner considers appropriate advisory opinions and interpretation bulletins with respect to the enforcement, interpretation or application of this Act or the regulations.
36(2)The Regulations Act does not apply to the advisory opinions and interpretation bulletins issued by the Commissioner under subsection (1).
36(3) Advisory opinions and interpretation bulletins are not binding.
2016, c.53, s.23
OFFENCES AND PENALTIES
Offences with respect to returns
37(1)An individual who violates or fails to comply with section 5, 6, 7, 8, 10, 11, 12, 13, 15, 16, 17 or 18 commits an offence.
37(2)A person who knowingly makes a false or misleading statement in a return or other document submitted to the Commissioner in accordance with this Act or the regulations commits an offence.
37(3)A consultant lobbyist who in the course of lobbying a public office holder knowingly places the public office holder in a position of real or potential conflict of interest commits an offence.
37(4)An in-house lobbyist who in the course of lobbying a public office holder knowingly places the public office holder in a position of real or potential conflict of interest commits an offence.
37(5)A person convicted of an offence under this section is liable to a fine of not more than $25,000, and for a second or subsequent offence is liable to a fine of not more than $100,000.
37(6)A prosecution under this Act may be commenced within two years after the commission of the alleged offence.
2016, c.53, s.23
REGULATIONS
Regulations
38The Lieutenant-Governor in Council may make regulations
(a) prescribing a person or classes of persons for the purposes of the definition “public office holder” in section 1;
(b) for the purposes of paragraph 4(1)(e), prescribing a person or classes of persons as employees of the Province;
(c) for the purpose of paragraph 4(1)(m), prescribing persons or classes of persons to whom this Act does not apply;
(d) for the purpose of sections 9 and 14, respecting the circumstances or conditions in which an individual’s lobbying activities or duty to lobby constitute a significant part of his or her duties;
(e) requiring a fee to be paid for the filing of a return or a return of a class or subclass of returns;
(f) prescribing the fee referred to in paragraph (e) or establishing the manner of determining it and providing for a difference in or the waiver of the fee in specified circumstances or for specified persons or classes of persons;
(g) defining any word or expression used in this Act but not defined in this Act;
(h) respecting any other matter the Lieutenant-Governor in Council considers necessary or advisable for the purpose of this Act.
CONSEQUENTIAL AMENDMENTS AND COMMENCEMENT
Elections Act
39Section 5 of the Elections Act, chapter E-3 of the Revised Statutes, 1973, is amended by adding the following after subsection (1.5):
5(1.51)The Chief Electoral Officer shall not be a member of the Legislative Assembly and shall not hold any other office of trust or profit, other than his or her office as Chief Electoral Officer, without the prior approval by the Legislative Assembly.
Members’ Conflict of Interest Act
Repealed: 2016, c.53, s.23
2016, c.53, s.23
40Repealed: 2016, c.53, s.23
2016, c.53, s.23
Ombudsman Act
Repealed: 2016, c.53, s.23
2016, c.53, s.23
41Repealed: 2016, c.53, s.23
2016, c.53, s.23
Regulation under the Public Service Superannuation Act
Repealed: 2016, c.53, s.23
2016, c.53, s.23
42Repealed: 2016, c.53, s.23
2016, c.53, s.23
Right to Information and Protection of Privacy Act
Repealed: 2016, c.53, s.23
2016, c.53, s.23
43Repealed: 2016, c.53, s.23
2016, c.53, s.23
Commencement
44This Act or any provision of it comes into force on a day or days to be fixed by proclamation.
N.B. This Act was proclaimed and came into force on April 1, 2017.
N.B. This Act is consolidated to June 16, 2023.