BILL NO. 122

(as introduced)

2nd Session, 61st General Assembly
Nova Scotia
59 Elizabeth II, 2010

Government Bill

Lobbyists' Registration Act
(amended)

The Honourable Ramona Jennex
Minister of Service Nova Scotia and Municipal Relations

First Reading: November 30, 2010

(Explanatory Notes)

Second Reading: December 9, 2010

Third Reading: December 10, 2010 (LINK TO BILL AS PASSED)

Clause 1 adds a preamble to the Act.

Clause 2 expands the definition of "lobby" to include a reference to grass-roots communication.

Clause 3 extends the definitions relating to consultant lobbyists to Section 5A and amends a provision as a consequence of Clause 4.

Clause 4 prohibits contingency fees for consulting lobbyists and grandfathers existing contingency fee agreements for twenty-four months after proclamation of this Bill.

Clause 5 adds a breach of Section 5A to the offences listed in subsection 18(1).

Clause 6 provides that this Act comes into force on proclamation.

WHEREAS free and open access to government is an important matter of public interest;

AND WHEREAS lobbying public-office holders is a legitimate activity;

AND WHEREAS it is desirable that public-office holders and the public be able to know who is engaged in lobbying activities;

AND WHEREAS a system for the registration of paid lobbyists should not impede free and open access to government:

(2) Subsection 5(4) of Chapter 34 is amended by striking out clause (j) and substituting the following clause:

(j) in the case of an agreement entered into before the coming into force of Section 5A and within twenty-four months after the coming into force of Section 5A, 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 2(1)(c)(i) to (viii);

5A (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 as described in subclauses 2(1)(c)(i) to (viii).

(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 as described in subclauses 2(1)(c)(i) to (viii).

(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 as described in subclauses 2(1)(c)(i) to (viii), such payment is permitted for a maximum period of twenty-four months after this Section comes into force.

6 This Act comes into force on such day as the Governor in Council orders and declares by proclamation.