General
What is lobbying?
What activities are NOT considered lobbying?
Who is a lobbyist?
Who is a public office holder?
Who is not a public office holder, as
defined in the Act?
Does the Act apply to someone working in his or her official capacity?
What is the role of the Registrar of Lobbyists?
What offences and penalties are defined
under the Act?
Consultant Lobbyists
Can a firm register an employee as a consultant lobbyist?
What happens when the lobbying stops?
I am a consultant lobbyist who volunteers
with an organization that occasionally lobbies the provincial government.
Do I have to register?
In-house Lobbyists (Company)
Can my company register me as an in-house lobbyist?
What happens if I change jobs within my organization or cease
to work for my employer?
What is meant by "significant part of duties"
in reference to in-house lobbyists?
In-house Lobbyists (Organization)
Must every employee in an organization who communicates with the provincial government be named in the registration form?
Do I have to renew my registration every six
months, even if none of the information changes?
What is meant by "significant part of duties"
in reference to in-house lobbyists?
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What is lobbying?
Lobbying occurs when an individual is paid to communicate with a
public-office holder in an attempt to influence: |
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the development of a legislative
proposal |
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the introduction, passage, defeat or amendment of a bill or
resolution |
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the making or amendment of any regulation |
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the development, amendment or termination of a policy or program |
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a decision about privatization or outsourcing |
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the awarding of a grant, contribution or other financial benefit
by or on behalf of the government |
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the awarding of a contract by or on behalf of the government
(consultant lobbyists only) |
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arranging a meeting between a public servant and any other person (consultant lobbyists only) |
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What
activities are NOT considered lobbying?
The Act does not apply to: |
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a submission to a committee of the House of Assembly that
is on the public record, or to a person specified under the
Act |
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a submission to a public servant about how he or she enforces,
interprets, or applies legislation or regulations, or administers
a policy, program, directive, or guideline with respect to
the person, partnership or organization being represented |
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a submission to a public servant in response to a request
for advice or comment |
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a submission to an MLA on behalf of a constituent
about a personal matter |
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communication by a trade union regarding administration or
negotiation of a collective agreement |
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communication by a trade union related to representation of
a member or former member who is or was employed in the public
service |
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a submission by a barrister of the
Supreme Court of Nova Scotia regarding drafting of a legislative
proposal |
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Who is a lobbyist?
The Lobbyists' Registration Act defines three categories of lobbyists: |
| 1. |
Consultant lobbyists: An individual paid to lobby
on behalf of a client is considered to be a consultant lobbyist.
Consultant lobbyists can include lawyers, accountants and other
professionals. |
| 2. |
In-house lobbyists (Company): An employee of
a person, partnership or company whose lobbying activity is
a significant part of their duties or whose lobbying activity
along with that of other employees' would amount to a significant
part of one staff member's duties. |
| 3. |
In-house lobbyists (Organization): An
employee of an organization such as a professional association,
society or chamber of commerce whose lobbying activity is
a significant part of their duties or whose lobbying activity
along with that of other employees' would amount to a significant
part of one staff member's duties. |
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Who is a
public office holder?
A public office holder, or public servant, includes: |
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an MLA, official or servant of the House of
Assembly and their staff |
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officers, managers and staff of provincial government
departments, agencies, boards, commissions (but not broader
public sector organizations such as hospitals, universities
and municipal governments) |
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persons appointed by Order-in-Council |
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Who is not a
public office holder, as defined in the Act?
The following do not fall under the definition of a public
office holder: |
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a judge |
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a justice of the peace |
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a Small Claims Court adjudicator |
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a member of an administrative tribunal exercising
a judicial function |
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the Ombudsman |
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a review officer appointed pursuant to the Freedom of Information
and Protection of Privacy Act |
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Does the Act apply to someone working in his or her official capacity?
The Act does not apply to any of the following in their
official capacity: |
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MLAs, officers and servants of the House of
Assembly or their staff |
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employees in the public service
of the Province |
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members of a municipal council or village commission,
their municipal staff, and officers or employees of a municipality |
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officers, directors or employees of the Union
of Nova Scotia Municipalities |
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officers, directors or employees of the Nova
Scotia School Boards Association |
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federal senators, MPs, elected members of the
legislative assembly of another province, and their staff |
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employees of the Government of Canada or of
the government of another province |
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members of a band council under Canada's Indian
Act and their staff |
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diplomatic agents, consular officers or official
representatives |
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officials of the United Nations and other international
organizations granted privileges and immunities by the
Canadian government |
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What is the role of the
Registrar of Lobbyists?
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administering the registration process |
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identifying omissions and inconsistencies, and
asking the lobbyist to correct the information |
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informing lobbyists, public servants,
the general public and others about the Registry |
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ensuring that the public has access to the information
in the Registry |
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issuing bulletins about the enforcement, interpretation
or application of the Act or its regulations. |
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What
offences and penalties are defined under the Act?
A lobbyist or a senior officer of an organization could be
subject to a fine of up to $25,000 for a first offence and
up to $100,000 for a second or subsequent offence when he
or she: |
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does not file a timely return as set out in the Act |
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does not provide the information required |
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fails to provide the Registrar with
changes, new information or requested clarifications |
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makes false or misleading statements |
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knowingly places a public servant in a position
of real or potential conflict of interest |
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Consultant Lobbyists
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Can a firm register
an employee as a consultant lobbyist?
No. Each consultant lobbyist must file a return at the start of an
undertaking.
Each lobbyist is responsible for reporting changes and the
end of an undertaking. |
What happens when
the lobbying stops?
The lobbyist must file a Notice of Termination with the
Registrar of Lobbyists within
30 days. |
I am a consultant
lobbyist who volunteers with an organization that
occasionally lobbies the provincial government. Do I have to
register?
If you are voluntarily lobbying for the organization, and
you are not paid for your services, you do not have to register.
If you are paid a salary (over and above expenses) to lobby
for the organization, you must register as a consultant lobbyist. |
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In-House Lobbyists (Company)
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Can my company
register me as an in-house (Company) lobbyist?
No. Each in-house lobbyist (company) must register within
60 days of determining that lobbying will take up a significant
part of his or her duties. |
What happens
if I change jobs within my company or cease to work for
my employer?
If you stop lobbying for your employer or are no longer employed
by the company, you must file a Notice of Termination
with the Registrar within 30 days. (This is not the Termination
of Employment form required by Human Resources and Development
Canada to apply for Employment Insurance benefits.) |
What is
meant by "significant part of duties" in reference to in-house
lobbyists?
The regulations to the Lobbyists' Registration Act define
"significant part of duties" as when lobbying takes
up 20 per cent (or more) of an employee's time over a three-month
period. For example, if one assumes a five-day workweek, then
an employee would have to lobby at least 12 days over a three-month
period to reach the 20 per cent threshold.
If the time spent lobbying by 2 or more employees takes
the equivalent of 20% or more of the time of one employee,
each of the 2 or more employees must register individually
as lobbyists.
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In-House Lobbyists (Organization)
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Must every
employee in a organization who communicates with the provincial government
be named in the registration form?
No. The senior officer must only register those employees who perform lobbying
activities. |
Do I have to renew my registration every six
months, even if none of the information changes?
Yes. The senior officer must file a return with the Registrar
every six months to report current and planned activities
for the filing period. |
What is meant
by "significant part of duties" in reference to in-house lobbyists?
The Lobbyists' Registration Act defines "significant
part of duties" as when lobbying takes up 20 per cent
(or more) of an employee's time over a three-month period.
For example, if one assumes a five-day workweek, then an employee
would have to lobby at least 12 days over a three- month period
to reach the 20 per cent threshold.
If the time spent lobbying by 2 or more employees takes the
equivalent of 20% or more of the time of one employee, each
of the 2 or more employees must be registered as lobbyists.
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