235_2019 — Lobbyists Transparency Regulation

s. 1 — Definition

In this regulation, Act means the Lobbyists Transparency Act.

s. 2 — Prescribed positions — former public office holders

s. 2(1)

For the purposes of paragraph (c) (iii) of the definition of "former public office holder" in section 1 (1) [interpretation] of the Act, the following positions in a Provincial entity are prescribed:

s. 2(1)(a)

the most senior or next most senior ranking executive position of a Provincial entity listed in the Appendix of this regulation;

s. 2(1)(b)

the chair or vice chair of, or the equivalent position in, the governing body of a Provincial entity listed in the Appendix of this regulation.

s. 2(2)

If more than one individual formerly occupied a position that is equivalent to a position referred to in subsection (1) (a) or (b), each of those individuals is deemed to have occupied the position referred to in that subsection.

s. 3 — Prescribed Provincial entities

For the purposes of the definition of "Provincial entity" in section 1 (1) of the Act,

s. 3(a)

subject to paragraph (b), the following Provincial entities are prescribed:

s. 3(a)(i)

the Workers' Compensation Board;

s. 3(a)(ii)

the entities that make up the government reporting entity within the meaning of the Budget Transparency and Accountability Act, except the government as reported through the consolidated revenue fund and regulatory colleges within the meaning of the Health Professions and Occupations Act, and

s. 3(b)

the Provincial entities listed in the Appendix of this regulation are prescribed when used for the purposes of the following provisions:

s. 3(b)(i)

paragraph (c) (iii) of the definition of "former public office holder" in section 1 (1) of the Act;

s. 3(b)(ii)

section 1 (3) (d) of the Act.

s. 4 — Prescribed criteria for relevant code of conduct

For the purposes of paragraph (c) of the definition of "relevant code of conduct" in section 1 (1) of the Act, the prescribed criterion is that there is an organization responsible for the administration of the code of conduct.

s. 5 — Prescribed criteria for determination of time

For the purposes of prescribing criteria under section 11 (2) (a.6) [power to make regulations] of the Act for the determination of time spent lobbying under section 1 (4) of the Act, the determination of time spent lobbying includes all time spent on activities, including preparation, that are directly related to carrying out a lobbying activity.

s. 5.1 — Prescribed class of persons, activities and circumstances — administrative agreements

For the purposes of section 2 (1.1) [restrictions on application of Act], the following class of persons, activities and circumstances are prescribed:

s. 5.1(a)

persons who have entered into an administrative agreement as defined in the Business Practices and Consumer Protection Act, Motion Picture Act, Motor Dealer Act, Railway Safety Act or Safety Standards Act or within the meaning of the Cremation, Interment and Funeral Services Act or Ticket Sales Act and who are engaged in activities conducted under the administrative agreement.

s. 6 — Prescribed amount for gift-giving prohibition

For the purposes of section 2.4 (2) (b) [gift-giving prohibition] of the Act, the prescribed amount is $100.

s. 7 — Prescribed amount for contributions toward lobbying activity

For the purposes of section 4 (1) (g.3) (i) [form and content of return] of the Act, the prescribed amount is $1 000.

s. 8 — Prescribed information for registration return — intended outcome

For the purposes of section 4 (1) (p) of the Act, the prescribed information is the intended outcome of each lobbying activity.

s. 9 — Prescribed information for registration return — organization for relevant code of conduct

For the purposes of section 4 (1.2) (b) (ii) of the Act, the prescribed information is the name and contact information of the organization responsible for the administration of the relevant code of conduct.

s. 10 — Prescribed positions — senior public office holders

s. 10(1)

Subject to subsection (2), for the purposes of paragraph (h) of the definition of "senior public office holder" in section 4.2 (1) [form and content of monthly returns] of the Act, the following positions are prescribed:

s. 10(1)(a)

the most senior or next most senior ranking executive position of a Provincial entity;

s. 10(1)(b)

the chair or vice chair of, or the equivalent position in, the governing body of a Provincial entity.

s. 10(2)

If more than one individual occupies a position that is equivalent to a position referred to in subsection (1) (a) or (b), each of those individuals is deemed to occupy the position referred to in that subsection.

s. 11 — Prescribed information for monthly return — date of gift or benefit and intended outcome

For the purposes of section 4.2 (2) (h) of the Act, the following information is prescribed:

s. 11(a)

the date on which a gift or benefit referred to in section 4.2 (2) (g) of the Act was given and accepted or promised to be given, as applicable;

s. 11(b)

the intended outcome of each lobbying activity.

s. 12 — Receipt of returns or documents

s. 12(1)

For the purposes of section 6 (2) [submission of documents in electronic or other form] of the Act, a return or other document that is received by the registrar in electronic or other form is deemed to be received at the time it is date stamped by the office of the registrar.

s. 12(2)

A return or other document that is received by the registrar in paper form by mail or physical delivery after 5 p.m. on a business day is deemed to be received on the next business day.

s. 13 — Subsequent submission of returns and other documents

s. 13(1)

If a return or other document is submitted to, or filed with, the registrar and the return or other document requires correction, section 7 (4) to (7) [designation and functions of registrar] of the Act applies to the refusal of the return or other document, which corrected return or other document is to be filed or submitted within the reasonable extension of time allowed by the registrar.

s. 13(2)

Section 6 of the Act and section 12 of this regulation apply if a return or other document referred to in subsection (1) of this section is submitted in electronic or other form.

s. 14 — Prescribed provisions — monetary administrative penalties and prohibitions

For the purposes of section 7.2 (2) [hearing and administrative penalty] of the Act, the following are prescribed provisions of the Act:

s. 14(a)

section 2.1 (2) [contracting prohibition];

s. 14(b)

section 2.2 [lobbying prohibition];

s. 14(c)

section 2.4 [gift-giving prohibition];

s. 14(d)

section 3 (1) and (3) [requirement to file return];

s. 14(e)

section 4 (1) and (1.2) [form and content of return];

s. 14(f)

section 4.1 [requirement to file monthly return];

s. 14(g)

section 4.2 [form and content of monthly returns].

s. 15 — Notice and service under the Act

s. 15(1)

Any notice or other thing that, under the Act, must be given to or served on a person may be given or served by registered mail sent to the last known address of the person.

s. 15(2)

If a notice or other thing under the Act is sent by registered mail to the last known address of the person, the notice or other thing is deemed to be given to or served on the person to whom it is addressed on the 14th day after deposit with Canada Post unless the person received actual service before that day.

Schedule

Appendix [am. B.C. Regs. 198/2021, s. 1; 43/2022, s. 2; 253/2022, s. 12; 108/2023; 166/2023; 51/2026, App. 3.]