Lobbyists Registration Act

t LOBBYISTS REGISTRATION ACT PLEASE NOTE This document, prepared by the Legislative Counsel Office, is an office consolidation of this Act, current to August 1, 2023. It is intended for information and reference purposes only. This document is not the official version of the Act. The Act and the amendments as printed under the authority of the King’s Printer for the province should be consulted to determine the authoritative statement of the law. For more information concerning the history of this Act, please see the Table of Public Acts on the Prince Edward Island Government web site (www.princeedwardisland.ca). If you find any errors or omissions in this consolidation, please contact: Legislative Counsel Office Tel: (902) 368-4292 Email: legislation@gov.pe.ca Lobbyists Registration Act Table of Contents LOBBYISTS REGISTRATION ACT Table of Contents Section Page 1. Definitions................................................................................................................................................ 5 2. Act does not apply.................................................................................................................................... 6 3. Designation of Registrar .......................................................................................................................... 8 4. Definitions related to consultant lobbyists ............................................................................................... 8 5. Receipt of contingent payments by consultant lobbyists prohibited ...................................................... 10 6. Definitions related to in-house lobbyists employed by persons or partnerships .................................... 10 7. Definitions related to in-house lobbyists employed by organizations .................................................... 12 8. Certification of returns or documents..................................................................................................... 14 9. Filing of returns, information or documents .......................................................................................... 14 10. Storage of returns and documents .......................................................................................................... 14 11. Registry .................................................................................................................................................. 15 12. Verification of information .................................................................................................................... 15 13. Registrar may refuse document .............................................................................................................. 15 14. When Registrar may remove return ....................................................................................................... 15 15. Advisory opinions and interpretation bulletins ...................................................................................... 16 16. Additional duty of Registrar................................................................................................................... 16 17. Former public-office holders.................................................................................................................. 16 18. Delegation of Registrar's powers and duties .......................................................................................... 16 19. Offences ................................................................................................................................................. 17 20. Regulations ............................................................................................................................................ 17 c t Current to: August 1, 2023 Page 3 Lobbyists Registration Act Section 1 c LOBBYISTS REGISTRATION ACT CHAPTER L-16.01 1. Definitions (1) In this Act (a) “Crown” means the Government; (b) “education authority” has the same meaning as in the Education Act R.S.P.E.I 1988, Cap. E-.02; (c) “grass-roots communication” means appeals to members of the public through the mass media or by direct communication that seek to persuade members of the public to communicate directly with a public-office holder in an attempt to place pressure on the public-office holder to endorse a particular opinion, but does not include communication between a person, partnership or organization and its members, officers or employees or between a body corporate and its shareholders; (d) “lobby” means communicate with a public-office holder, directly or through grass- roots communication, in an attempt to influence (i) the development of a legislative proposal by the Government of Prince Edward Island or by a member of the Legislative Assembly, (ii) the introduction of a bill or resolution in the Legislative Assembly or the passage, defeat or amendment of any bill or resolution that is before the Legislative Assembly, (iii) the making or amendment of any regulation made by a Minister or the Lieutenant Governor in Council, (iv) the development or amendment of a policy or program of the Government of Prince Edward Island or the termination of any program of the Government, (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 to have the private sector instead of the Crown provide goods or services to the Crown, or (vii) the awarding of any grant, contribution or other financial benefit by or on behalf of the Crown, and means, in relation to a consultant lobbyist referred to in section 4, communicate with a public-office holder in an attempt to (viii) influence the awarding of any contract by or on behalf of the Crown, or (ix) arrange a meeting between a public-office holder and any other person; (e) “Minister” means a member of the Executive Council; c t Current to: August 1, 2023 Page 5 Section 2 Lobbyists Registration Act (f) “organization” means (i) a business, trade, industry, professional or voluntary organization, (ii) a trade union or labour organization, (iii) a chamber of commerce or board of trade, (iv) an association, a charitable organization, a coalition or an interest group, (v) a government, other than the Government of Prince Edward Island, or (vi) a corporation 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; (g) “public-office holder” means (i) a member, officer or employee of the Legislative Assembly or any person on the staff of a member, (ii) a person who is appointed to any office or body by or with the approval of the Lieutenant Governor in Council or a Minister, other than (A) a judge or a justice of the peace, (B) a member of an administrative tribunal exercising a judicial function, or (C) the Information and Privacy Commissioner appointed pursuant to Freedom of Information and Protection of Privacy Act R.S.P.E.I. 1988, Cap. F-15.01, (iii) an employee of the Government of Prince Edward Island, (iv) a member, officer or employee of an education authority, (v) any officer or employee of the Crown or any employee of an officer or Minister, not otherwise referred to in subclauses (ii), (iii) and (iv), or (vi) any other person or class of persons specified in the regulations; (h) “Registrar” means the Registrar referred to in section 3; (i) “Registry” means the registry of lobbyists referred to in section 10. Subsidiary (2) For the purposes of this Act, a corporation is a subsidiary of another corporation if (a) securities of the corporation, to which are attached more than 50 per cent of the votes that may be cast to elect directors of the corporation, are held, otherwise than by way of security only, directly or indirectly, whether through one or more subsidiaries or otherwise, by or for the benefit of the other corporation; and (b) the votes attached to those securities are sufficient, if exercised, to elect a majority of the directors of the corporation. 2017,c.8,s.1; 2018,c.52,s.66; 2022,c.62,s.42. 2. Act does not apply (1) This Act does not apply to any of the following persons when acting in their official capacity: (a) members, officers or employees of the Legislative Assembly or persons on the staff of those members; (b) members, officers or employees of the Senate or House of Commons of Canada, the legislative assembly of another province of Canada or persons on the staff of those members; Page 6 Current to: August 1, 2023 t c Lobbyists Registration Act Section 2 (c) employees of the Government of Prince Edward Island; (d) employees of the Government of Canada or of the government of another province of Canada; (e) members of a council or another statutory body or a person charged with the administration of civil or municipal affairs of a city, town or municipality, and persons employed by such members or person, or officers or employees of a city, town or municipality; (f) officers, directors or employees of the Federation of Prince Edward Island Municipalities; (g) members, officers or employees of any body that represents governmental interests of a group of Aboriginal peoples, including the council of a band as defined in subsection 2(1) of the Indian Act (Canada) and any body representing one or more bands; (h) members, officers or employees of an education authority; (i) diplomatic agents, consular officers or official representatives in Canada of a foreign government; (j) officials of a specialized agency of the United Nations in Canada or officials of any other international organization to whom there are granted, by or under any Act of the Parliament of Canada, privileges and immunities; (k) other persons or classes of persons specified in the regulations. Act does not apply (2) This Act does not apply 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 organization with respect 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 organization, 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 organization; (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 an oral or written request from a public-office holder for advice or comment in respect of any matter referred to in clause 1(1)(d); (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 unless the submission is made in respect of a matter referred to in subclause 1(1)(d)(viii) or (ix) or a private bill for the special benefit of that constituent; or (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 by the Government of Prince Edward Island, by an education authority or as specified in the regulations. c t Current to: August 1, 2023 Page 7 Section 3 Lobbyists Registration Act When disclosure of name or identity not required (3) Nothing in this Act or the regulations shall be construed as requiring the disclosure of the name or identity of any individual if that disclosure could reasonably be expected to threaten the safety of that individual. 2017,c.8,s.2. 3. Designation of Registrar The Lieutenant Governor in Council shall appoint or designate a person as the Registrar for the purposes of this Act. 2017,c.8,s.3. 4. Definitions related to consultant lobbyists (1) In this section and section 5, (a) “client” means a person, partnership or organization on whose behalf a consultant lobbyist undertakes to lobby; (b) “consultant lobbyist” means an individual who, for payment, undertakes to lobby on behalf of a client; (c) “payment” means money or anything of value, and includes a contract, promise or agreement to pay money or anything of value; (d) “undertaking” means an undertaking by a consultant lobbyist to lobby on behalf of a client. Consultant lobbyist shall file return (2) A consultant lobbyist shall file a return with the Registrar (a) within 10 days after commencing performance of an undertaking; and (b) within 30 days after the expiration of each six-month period after the date of filing the previous return. Filing after coming into force of this section (3) Where, on the coming into force of this section, a consultant lobbyist is performing an undertaking, the consultant lobbyist shall file a return with the Registrar not later than 10 days after this section comes into force. Content of return (4) A consultant lobbyist shall set out in the return required by subsection (2) or (3) the following information with respect to the undertaking: (a) the name and business address of the consultant lobbyist and, where applicable, the name and business address of the firm where the consultant lobbyist is engaged in business; (b) the name and business address of the client and the name and business address of any person, partnership or organization that, to the knowledge of the consultant lobbyist, controls or directs the activities of the client and has a direct interest in the outcome of the consultant lobbyist's activities on behalf of the client; (c) where the client is a corporation, the name and business address of each subsidiary of the corporation that, to the knowledge of the consultant lobbyist, has a direct interest in the outcome of the consultant lobbyist's activities on behalf of the client; (d) where the client is a corporation that is a subsidiary of any other corporation, the name and business address of that other corporation; Page 8 Current to: August 1, 2023 t c Lobbyists Registration Act Section 4 (e) where the client is a coalition, the name and business address of each partnership, corporation or organization that is a member of the coalition; (f) where the client is funded, in whole or in part, by a government or a government agency, the name of the government or government agency, as the case may be, and the amount of funding received by the client from that government or government agency; (g) the name and business address of any entity or organization, other than a government or a government agency, that, to the knowledge of the consultant lobbyist, contributed, during the entity's or organization’s fiscal year that precedes the filing of the return, $750 or more toward the consultant lobbyist’s activities on behalf of the client; (h) the name and business address of any individual who, to the knowledge of the consultant lobbyist, made a contribution described in clause (g) on behalf of an entity or organization described in that clause; (i) the subject-matter in respect of which the consultant lobbyist has undertaken to lobby and any other prescribed information respecting the subject-matter; (j) in the case of an agreement entered into before the coming into force of section 5 and within 24 months after the coming into force of section 5, 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 1(1)(d)(i) to (ix); (k) particulars to identify any relevant legislative proposal, bill, resolution, regulation, policy, program, decision, grant, contribution, financial benefit or contract; (l) the name of any department of the Government or any other agency of government, within the meaning of the Audit Act, in which any public-office holder is employed or serves whom the consultant lobbyist has lobbied or expects to lobby; (m) whether the consultant lobbyist has lobbied or expects to lobby a member of the Legislative Assembly in the member’s capacity as a member or a person on the staff of a member of the Legislative Assembly; (n) where the consultant lobbyist has undertaken to lobby as described in subclauses 1(1)(d)(i) to (ix), the techniques of communication, including grass-roots communication, that the consultant lobbyist has used or expects to use to lobby; and (o) such additional information as may be prescribed with respect to the identity of a person or entity described in this section. Change to information in return (5) A consultant lobbyist shall provide the Registrar with any change to the information in the return of the consultant lobbyist and any information required to be provided under subsection (4), the knowledge of which the consultant lobbyist acquired only after the return was filed, not later than 30 days after the change occurs or the knowledge is acquired. Completion of undertaking (6) A consultant lobbyist shall advise the Registrar that the consultant lobbyist has completed an undertaking in respect of which the consultant lobbyist has filed a return or that the undertaking has been terminated not later than 30 days after the completion or termination of the undertaking. Clarification of information (7) A consultant lobbyist shall provide the Registrar with any information that the Registrar may request to clarify any information that the consultant lobbyist has provided to the Registrar under this section not later than 30 days after the Registrar makes the request. c t Current to: August 1, 2023 Page 9 Section 5 Lobbyists Registration Act Section does not apply (8) This section does not apply in respect of anything that an employee, as defined in subsection 6(1) or 7(1), undertakes to do on the sole behalf of the employee’s employer or, where the employer is a corporation, in respect of anything that the employee, at the direction of the employer, undertakes to do on behalf of any subsidiary of the employer or any corporation of which the employer is a subsidiary. 2017,c.8,s.4. 5. Receipt of contingent payments by consultant lobbyists prohibited (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. Contingent payments to consultant lobbyists prohibited (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. Transitional provision (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, payment on that basis under the agreement is permitted for a maximum period of twenty-four months after this section comes into force. 2017,c.8,s.5. 6. Definitions related to in-house lobbyists employed by persons or partnerships (1) In this section, (a) “employee” includes an officer who is compensated for the performance of the officer’s duties; (b) “in-house lobbyist” means an individual who is employed by a person or partnership other than an organization (i) whose duties as an employee are to lobby for at least 50 hours in a three- month period 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, or (ii) 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 at least 50 hours of lobbying in a three- month period by one employee, were those duties to lobby to be performed by only one employee. In-house lobbyist shall file return (2) An in-house lobbyist shall file a return with the Registrar (a) within two months after the day on which the individual becomes an in-house lobbyist; and (b) within 30 days after the expiration of each six-month period after the date of filing the previous return. Page 10 Current to: August 1, 2023 t c Lobbyists Registration Act Section 6 Filing after coming into force of this section (3) An individual who is an in-house lobbyist on the coming into force of this section shall file a return with the Registrar within two months after the day on which this section comes into force and after that in accordance with clause (2)(b). Content of return (4) An in-house lobbyist shall set out in the return required by subsection (2) or (3) the following information: (a) the name and business address of the in-house lobbyist; (b) the name and business address of the employer; (c) where the employer is a corporation, the name and business address of each subsidiary of the corporation that, to the knowledge of the in-house lobbyist, has a direct interest in the outcome of the in-house lobbyist's activities on behalf of the employer; (d) where the employer is a corporation that is a subsidiary of any other corporation, the name and business address of that other corporation; (e) where applicable, the fiscal year of the employer; (f) a general description of the employer's business or activities; (g) where the employer is funded, in whole or in part, by a government or government agency, the name of the government or government agency, as the case may be, and the amount of funding received by the employer from that government or government agency; (h) the name and business address of any entity or organization, other than a government or government agency, that, to the knowledge of the in-house lobbyist, contributed, during the entity’s or organization’s fiscal year that precedes the filing of the return, $750 or more toward the in-house lobbyist’s activities on behalf of the employer; (i) the name and business address of any individual who, to the knowledge of the in- house lobbyist, made a contribution described in clause (h) on behalf of an entity or organization described in that clause; (j) where the in-house lobbyist is lobbying at the time the return is filed, the subject- matter in respect of which the in-house lobbyist is lobbying and any other prescribed information respecting the subject-matter; (k) the subject-matters in respect of which the in-house lobbyist has lobbied or expects to lobby during the fiscal year of the employer in which the return is filed or, where the employer does not have a fiscal year, during the calendar year in which the return is filed, and any other prescribed information respecting those subject-matters; (l) particulars to identify any relevant legislative proposal, bill, resolution, regulation, policy, program, decision, grant, contribution or financial benefit; (m) the name of any department of the Government or any other agency of government, within the meaning of the Audit Act, in which any public-office holder is employed or serves whom the in-house lobbyist has lobbied or expects to lobby during the fiscal year of the employer in which the return is filed or, where the employer does not have a fiscal year, during the calendar year in which the return is filed; (n) whether the in-house lobbyist has lobbied or expects to lobby a member of the Legislative Assembly in the member’s capacity as a member or a person on the staff of a member of the Legislative Assembly during the fiscal year of the employer in which the return is filed or, where the employer does not have a fiscal year, during the calendar year in which the return is filed; c t Current to: August 1, 2023 Page 11 Section 7 Lobbyists Registration Act (o) the techniques of communication, including grass-roots communication, that the in- house lobbyist has used or expects to use to lobby during the fiscal year of the employer in which the return is filed or, where the employer does not have a fiscal year, during the calendar year in which the return is filed; and (p) such additional information as may be prescribed with respect to the identity of a person or entity described in this section. Change to information in return (5) An in-house lobbyist shall provide the Registrar with any change to the information in the return of the in-house lobbyist and any information required to be provided under subsection (4), the knowledge of which the in-house lobbyist acquired only after the return was filed, not later than 30 days after the change occurs or the knowledge is acquired. Ceasing employment as in-house lobbyist (6) An in-house lobbyist who ceases to be an in-house lobbyist or to be employed by the employer of the in-house lobbyist shall advise the Registrar of that not later than 30 days after the in-house lobbyist ceases to be an in-house lobbyist or ceases to be employed by the employer. Clarification of information (7) An in-house lobbyist shall provide the Registrar with any information that the Registrar may request to clarify any information that the in-house lobbyist has provided to the Registrar under this section not later than 30 days after the Registrar makes the request. 2017,c.8,s.6. 7. Definitions related to in-house lobbyists employed by organizations (1) In this section, (a) “employee” includes an officer who is compensated for the performance of the officer's duties; (b) “in-house lobbyist” means an individual who is employed by an organization (i) whose duties as an employee are to lobby for at least 50 hours in a three- month period on behalf of the organization, or (ii) 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 at least 50 hours of lobbying in a three-month period by one employee, were those duties to lobby to be performed by only one employee; (c) “senior officer” means the most senior officer of an organization who is compensated for the performance of the senior officer’s duties. Senior officer shall file return (2) The senior officer of an organization that employs an in-house lobbyist shall file a return with the Registrar (a) within two months after the day on which that person becomes an in-house lobbyist; and (b) within 30 days after the expiration of each six-month period after the date of filing the previous return. Page 12 Current to: August 1, 2023 t c Lobbyists Registration Act Section 7 Filing after coming into force of this section (3) Where, on the coming into force of this section, the organization employs an in-house lobbyist, the senior officer of the organization shall file a return with the Registrar within two months after the day on which this section comes into force and after that in accordance with clause (2)(b). Content of return (4) The senior officer of an organization shall set out in the return the following information: (a) the name and business address of the senior officer; (b) the name and business address of the organization; (c) a description in summary form of the organization's business or activities and any other prescribed information to identify its business or activities; (d) a general description of the membership of the organization, including the names of the directors and officers of the organization; (e) where the organization is funded, in whole or in part, by a government or government agency, the name of the government or government agency, as the case may be, and the amount of funding received by the organization from that government or government agency; (f) the name and business address of any entity or other organization, other than a government or government agency, that, to the knowledge of the senior officer, contributed, during the entity's or organization's fiscal year that precedes the filing of the return, $750 or more toward the lobbying activities of the organization's in-house lobbyists; (g) the name and business address of any individual who, to the knowledge of the senior officer, made a contribution described in clause (f) on behalf of an entity or organization described in that clause; (h) the name of each in-house lobbyist employed by the organization; (i) where any in-house lobbyist employed by the organization is lobbying at the time the return is filed, the subject-matter in respect of which the in-house lobbyist is lobbying and any other prescribed information respecting the subject-matter; (j) the subject-matters and any other prescribed information respecting those subject- matters in respect of which any in-house lobbyist employed by the organization (i) has lobbied during the period for which the return is filed, and (ii) expects to lobby during the next following six-month period; (k) particulars to identify any relevant legislative proposal, bill, resolution, regulation, policy, program, decision, grant, contribution or financial benefit; (l) the name of any department of the Government or any other agency of government, within the meaning of the Audit Act, in which any public-office holder is employed or serves whom any in-house lobbyist employed by the organization (i) has lobbied during the period for which the return is filed, and (ii) expects to lobby during the next following six-month period; (m) whether any in-house lobbyist employed by the organization (i) has lobbied a member of the Legislative Assembly in the member's capacity as a member or a person on the staff of a member of the Legislative Assembly during the period for which the return is filed, and c t Current to: August 1, 2023 Page 13 Section 8 Lobbyists Registration Act (ii) expects to lobby a member of the Legislative Assembly in the member's capacity as a member or a person on the staff of a member of the Legislative Assembly during the next following six-month period; (n) the techniques of communication, including grass-roots communication, that any in- house lobbyist employed by the organization (i) has used to lobby during the period for which the return is filed, and (ii) expects to use to lobby during the next following six-month period; (o) the name of any in-house lobbyist who has been identified in the last return filed and has ceased to be an in-house lobbyist or to be employed by the organization; and (p) such additional information as may be prescribed with respect to the identity of a person or entity described in this section. Clarification of information (5) The senior officer shall provide the Registrar with any information that the Registrar may request to clarify any information that the senior officer has provided in the return of the senior officer not later than 30 days after the Registrar makes the request. 2017,c.8,s.7. 8. Certification of returns or documents Every individual who submits a return or other document to the Registrar under this Act shall certify that the information contained in it is true to the best of the individual’s knowledge and belief on the return or other document or, where it is submitted in electronic or other form in accordance with subsection 9(1), in the manner that is specified by the Registrar. 2017,c.8,s.8. 9. Filing of returns, information or documents (1) Returns to be filed with the Registrar and information and other documents to be provided to the Registrar under this Act shall be submitted in a form and manner approved by the Registrar. Fees (2) Returns to be filed shall be accompanied by the prescribed fee. Date of filing (3) Subject to section 13, a return that meets the requirements of this section is deemed to have been filed, and information or a document is deemed to have been provided, under this Act, on the date on which the Registrar receives it. 2017,c.8,s.9. 10. Storage of returns and documents (1) Subject to the regulations, any return or other document that is received by the Registrar may be entered or recorded by any information storage device, including any system of mechanical or electronic data processing, that is capable of reproducing the stored return or other document in intelligible form within a reasonable time. Certified copy admissible without proof of signature (2) In any prosecution for an offence under this Act, a copy of a return or other document that is reproduced from an information storage device referred to in subsection (1) and certified under the Registrar’s signature as a true copy is admissible in evidence without proof of the signature or official character of the person appearing to have signed the copy. 2017,c.8,s.10. Page 14 Current to: August 1, 2023 t c Lobbyists Registration Act Section 11 11. Registry (1) The Registrar shall establish and maintain a registry of lobbyists in which shall be kept a copy of all returns filed under this Act as revised by other documents submitted to the Registrar under this Act. Organization of Registry (2) The Registry shall be organized in the manner and kept in the form that the Registrar determines. Public inspection (3) The Registry shall be available for public inspection electronically on-line, including through the Internet, and in any other manner and during the time that the Registrar determines. 2017,c.8,s.11. 12. Verification of information The Registrar may verify the information contained in any return or other document submitted to the Registrar under this Act. 2017,c.8,s.12. 13. Registrar may refuse document (1) The Registrar may refuse to accept any return or other document submitted to the Registrar under this Act that does not comply with this Act or the regulations, or that contains information or statements not requested in the return or other documents. Manner of refusal (2) Where the Registrar refuses to accept a return or other documents under subsection (1), the Registrar shall inform the individual who submitted it of the refusal and the reason for the refusal in the prescribed manner. Time for re-filing (3) Notwithstanding the provisions of this Act respecting times for filing a return or submitting another document, where a return or other document is refused by the Registrar under subsection (1) and the individual cannot reasonably submit another by the time set out in this Act for filing or submitting it, the Registrar shall provide the individual with a reasonable extension of time to file another return or submit another document. Date of re-filing (4) Where the Registrar accepts another return or document within the extension of time referred to in subsection (3), the return is deemed to have been filed or the other document is deemed to have been submitted on the day on which the return or the other document that was refused was received by the Registrar. 2017,c.8,s.13. 14. When Registrar may remove return (1) Subject to subsection (2), the Registrar may remove a return from the Registry if the individual who filed the return fails to (a) advise the Registrar of the matters required by subsection 4(7) or 6(6) within the period required by the subsection; or (b) give the Registrar any requested information relating to the return within the period specified by this Act. c t Current to: August 1, 2023 Page 15 Section 15 Lobbyists Registration Act Notification required (2) The Registrar shall notify the individual who filed the return of the requirement to meet the obligation and the particulars of the failure to do so, and if the obligation is not met within five days of the notification, the Registrar may then remove the return from the Registry. Deemed not filed (3) When a return is removed from the Registry, the individual who filed it is deemed, for the purposes of the individual’s existing and future obligations under this Act, not to have filed the return. 2017,c.8,s.14. 15. Advisory opinions and interpretation bulletins (1) The Registrar may issue advisory opinions and interpretation bulletins with respect to the enforcement, interpretation or application of this Act or the regulations. Not binding (2) Advisory opinions and interpretation bulletins issued pursuant to subsection (1) are not binding. 2017,c.8,s.15. 16. Additional duty of Registrar In addition to the other powers conferred or other duties imposed under this Act, the Registrar’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 or employers and public-office holders. 2017,c.8,s.16. 17. Former public-office holders (1) A person who is a former public-office holder shall not lobby as a consultant lobbyist within the meaning of subsection 4(1) or an in-house lobbyist within the meaning of subsection 6(1) or 7(1) for a period of six months after that person has ceased to be a public-office holder. Application (2) Subsection (1) shall only apply to a person who has held any of the following positions: (a) Minister; (b) member or officer of the Legislative Assembly; (c) deputy minister of a department or an equivalent position in the Premier’s office; (d) Secretary to Treasury Board; (e) Clerk or Clerk Assistant of the Executive Council; (f) any other position that is specified by the regulations. 2017,c.8,s.17. 18. Delegation of Registrar's powers and duties (1) The Registrar may delegate, in writing, any of the Registrar’s powers or duties under this Act to a person employed in the Registrar’s office and may authorize that person to delegate any of those powers or duties to another person employed in that office. Conditions and restrictions (2) A delegation may be made subject to such conditions and restrictions as the person making the delegation considers appropriate. 2017,c.8,s.18. Page 16 Current to: August 1, 2023 t c Lobbyists Registration Act Section 19 19. Offences (1) Every individual who fails to comply with subsection 4(2), (3), (4), (5), (6) or (7), 5(1) or (2), 6(2), (3), (4), (5), (6) or (7), 7(2), (3), (4) or (5) or 17(1) is guilty of an offence. Offence (2) Every individual who knowingly makes a false or misleading statement in a return or other document submitted to the Registrar under this Act is guilty of an offence. Offence (3) Every (a) consultant lobbyist within the meaning of subsection 4(1); or (b) in-house lobbyist within the meaning of subsection 6(1) or 7(1), is guilty of an offence if that person lobbies a public-office holder when not registered in the Registry with respect to those lobbying activities. Offence (4) Every (a) consultant lobbyist within the meaning of subsection 4(1); or (b) in-house lobbyist within the meaning of subsection 6(1) or 7(1), is guilty of an offence if, in the course of lobbying a public-office holder, the consultant lobbyist or in-house lobbyist knowingly places the public-office holder in a position of real or potential conflict of interest. Penalties (5) An individual who is guilty of an offence under this section is liable on summary conviction to a fine of not more than $25,000. Limitation period (6) No proceeding in respect of an offence under this section shall be commenced more than two years after the time when the subject-matter of the proceeding arose. 2017,c.8,s.19. 20. Regulations The Lieutenant Governor in Council may make regulations (a) respecting the determination of when the duties of an employee to lobby on behalf of an employer constitute a significant part of the employee’s duties as an employee for the purpose of the definitions of “in-house lobbyist” in subsections 6(1) and 7(1); (b) requiring a fee to be paid on the filing of a return or a return of a class or subclass of returns under section 4, 6 or 7; (c) prescribing the fee referred to in clause (b) or the manner of determining it, and providing for a difference in or the waiver of the fee for filing a return in specified circumstances or for specified persons, partnerships or organizations or for a class or subclass of returns; (d) respecting the entering or recording of any return or other document pursuant to subsection 10(1); (e) prescribing any matter or thing that by this Act is to be or may be prescribed or specified by the regulations; (f) defining any word or expression used but not defined in this Act; c t Current to: August 1, 2023 Page 17 Section 20 Lobbyists Registration Act (g) further defining any word or expression defined in this Act; (h) generally respecting any other matter or thing that is considered necessary or advisable to carry out effectively the intent and purposes of this Act. 2017,c.8,s.20. Page 18 Current to: August 1, 2023 t c