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Lobbyists’ Registration Act - FAQ’s

What is the purpose of the Lobbyists’ Registration Act?

The purpose of the Act is to recognize that free and open access to government is an important matter of public interest, that lobbying public officers is a legitimate activity when appropriately conducted, that it is desirable that public office holders and the public be able to know who is attempting to influence government and that a system for registering paid lobbyist should not impede access to government.

Who is exempt from submitting a return under the Lobbyists’ Registration Act?

The following persons are not required to submit a return, if they are acting in their official capacity:

  • MLAs and any person on their staff,
  • Members of the Executive Council and any persons on their staff,
  • Members of the Senate or House of Commons of Canada and persons on their staff,
  • Members of the legislative assembly of another province of Canada or the council or legislative assembly of a territory of Canada and any persons on their staff,
  • Employees in Parts I, II, III and IV of the public service and any persons prescribed by regulations as an employee of the province,
  • Employees of the Government of Canada or of another province or territory,
  • Members of a council or other statutory body charged with the administration of the municipal affairs of a municipality or a rural community as defined in the Municipalities Act, the staff of the council or body, as well as officers or employees of a municipality or rural community,
  • Members of an advisory committee for a local service district established under the Municipalities Act,
  • Officers, directors or employees of a municipal association,
  • Officers, directors or employees of any body that represents governmental interests of a group of aboriginal people, including the council of a band as defined in the Indian Act (Canada) and any body representing one or more bands,
  • Diplomatic agents, consular officers or official representatives in Canada of a foreign government,
  • 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 any Act of the Parliament of Canada, and
  • Any person or class of persons prescribed by regulation.
What does lobby mean?

To lobby is to communicate with a public officer holder in an attempt to influence

  • the development of a legislative proposal,
  • the introduction of a public bill or resolution in the Legislative Assembly or the passage, defeat or amendment of any public Act or regulation before the Legislative Assembly,
  • the making or amendment of a regulation as defined in the Regulations Act,
  • the development, amendment or termination of any policy or program of the government of New Brunswick,
  • 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 goos or services to the crown or to the public,
  • 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 provides goods or services to the Crown, and
  • the awarding of any grant, contribution or other financial benefit by or on behalf of the Crown.

In the case of a consultant lobbyist, lobbying also includes arranging a meeting between a public officer holder and any other person and communicating with a public officer holder in an attempt to influence the awarding of any contract on behalf of the Crown.

Who are public office holders?

The following individuals are considered to be public officer holders - MLAs and any person on their staff, members of the Executive Council and any person on their staff, members of District Education Councils, members of the board of directors of Regional Health Authorities, employees of the public service (as specified in Part 1-4 of the First Schedule of the Public Service Labour Relations Act) and any person or category of person prescribed by Regulation.

What is a consultant lobbyist?

A consultant lobbyist is an individual who, for any form of remuneration or other benefit, undertakes to lobby on behalf of a client.

What is an undertaking?

An undertaking is when a consultant lobbyist undertakes to lobby the government on behalf of a client.

What is the requirements of a consultant lobbyist?

A Consultant Lobbyist are required to submit a return to the Registrar -

  • within 15 days after commencing performance of an undertaking on behalf of a client,
  • within 30 days after the expiration of each six-month period after the date the previous return was filed (i.e. every six months), and
  • if they have already started to lobby on behalf of a client when the section comes into force, within three months of the date when section 5 comes into force.

A Consultant Lobbyist is required to notify the Registrar -

  • within 30 days of becoming aware that a change has occurred and the return is no longer correct,
  • within 30 days after an undertaking has been completed or terminated that it was completed or terminated, and
  • within 30 days after the Registrar has made a request for information.
What is an in-house lobbyist and what are the different types of in-house lobbyists?

There are two types of in-house lobbyists - those who work for an organization and those who work for a person or partnership, other than an organization.

An in-house lobbyist (non-organization) is an individual, employed by a person or partnership (person can include a corporation) that a significant part of their duties or a part of their duties (when in combination with other employees would constitute a significant part of one employee’s duties) is to lobby on behalf of the employer.

An in-house lobbyist (organization) is an individual who is employed by an organization and a significant part of their duties or a part of their duties (when in combination with other employees would constitute a significant part of one employee’s duties) is to lobby on behalf of their organization.

What is an organization?

An organization is any one of the following:

  • a business, trade, industry, professional or voluntary organization;
  • a trade union or labour organization;
  • a chamber of commerce or a board of trade;
  • an association, a charitable organization, a coalition or an interest group;
  • a government (other than the New Brunswick government); and
  • a body corporate without share capital incorporated to pursue, without financial gain to its members, object of a national, provincial, territorial, patriotic, religious, philanthropic, charitable, education, agricultural, scientific, artistic, social, professional, fraternal, sporting or athletic character or other similar objects.
What are the requirements for an in-house lobbyist for non-organizations?

In-house lobbyists (non-organizations) are required to submit a Return to the Registrar -

  • within two months after the day on which he or she becomes an in-house lobbyist,
  • within 30 days after the expiration of each six-month period after the date the previous return was filed (i.e. every six months), and
  • if they are already an in-house lobbyist, within three months of the date when section 10 of the Lobbyists’ Registration Act comes into force.

An in-house lobbyist (non-organizations) or their employer are required to notify the Registrar -

  • within 30 days of becoming aware that a change has occurred and the return is no longer correct,
  • within 30 days after they cease to be an in-house lobbyist or cease to be employed by their employer, (to be done by the employer)
  • within 30 days after the Registrar has made a request for information.
What are the requirements of organizations who employee an in-house lobbyist?

The senior officer of an organization that employs an in-house lobbyist is required to submit a Return to the Registrar -

  • within two months after the day on which the person becomes an in-house lobbyist for the organization,
  • within 30 days after the expiration of each six-month period after the date the previous return was filed (i.e. every six months), and
  • if they are already employed as  an in-house lobbyist, within three months of the date when section 15 of the Lobbyists’ Registration Act comes into force.

The senior officer of an organization is required to notify the Registrar -

  • within 30 days of becoming aware that a change has occurred and the return is no longer correct,
  • within 30 days after the in-house lobbyist ceases to be employed by the organization, and
  • within 30 days after the Registrar has made a request for information.

Office of the Integrity Commissioner
Edgecombe House, 736 King Street
Fredericton, N.B. CANADA E3B 5H1
tel.: 506-457-7890
fax: 506-444-5224
e-mail:coi@gnb.ca

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