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B.C. Reg. 235/2019
O.C. 596/2019
Deposited November 25, 2019
effective May 4, 2020
This consolidation is current to July 28, 2020.
Link to consolidated regulation (PDF)

Lobbyists Transparency Act

Lobbyists Transparency Regulation

Contents
1Definition
2Prescribed positions — former public office holders
3Prescribed Provincial entities
4Prescribed criteria for relevant code of conduct
5Prescribed criteria for determination of time
6Prescribed amount for gift-giving prohibition
7Prescribed amount for contributions toward lobbying activity
8Prescribed information for registration return — intended outcome
9Prescribed information for registration return — organization for relevant code of conduct
10Prescribed positions — senior public office holders
11Prescribed information for monthly return — date of gift or benefit and intended outcome
12Receipt of returns or documents
13Subsequent submission of returns and other documents
14Prescribed provisions — monetary administrative penalties and prohibitions
15Notice and service under the Act
Appendix

Definition

1   In this regulation, "Act" means the Lobbyists Transparency Act.

Prescribed positions — former public office holders

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:

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

(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.

(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.

Prescribed Provincial entities

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

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

(i) the Workers' Compensation Board;

(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

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

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

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

Prescribed criteria for relevant code of conduct

4   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.

Prescribed criteria for determination of time

5   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.

Prescribed amount for gift-giving prohibition

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

Prescribed amount for contributions toward lobbying activity

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

Prescribed information for registration return — intended outcome

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

Prescribed information for registration return — organization for relevant code of conduct

9   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.

Prescribed positions — senior public office holders

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:

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

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

(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.

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

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

(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;

(b) the intended outcome of each lobbying activity.

Receipt of returns or documents

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.

(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.

Subsequent submission of returns and other documents

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.

(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.

Prescribed provisions — monetary administrative penalties and prohibitions

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

(a) section 2.1 (2) [contracting prohibition];

(b) section 2.2 [lobbying prohibition];

(c) section 2.4 [gift-giving prohibition];

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

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

(f) section 4.1 [requirement to file monthly return];

(g) section 4.2 [form and content of monthly returns].

Notice and service under the Act

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.

(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.

Appendix

ItemProvincial Entity
1A board of education or a francophone education authority, as defined in section 1 (1) of the School Act
2BC Financial Services Authority
3BC Games Society
4BC Immigrant Investment Fund Ltd.
5B.C. Pavilion Corporation
6BC Transportation Financing Authority
7BCNET
8British Columbia Assessment Authority
9British Columbia Council for International Education
10British Columbia Enterprise Corporation
11British Columbia Housing Management Commission
12British Columbia Hydro and Power Authority
13British Columbia Institute of Technology
14British Columbia Lottery Corporation
15British Columbia Public School Employers' Association
16British Columbia Railway Company
17British Columbia Securities Commission
18British Columbia Transit
19Camosun College
20Canadian Blood Services
21Capilano University
22College of New Caledonia
23College of the Rockies
24Columbia Basin Trust
25Columbia Power Corporation
26Community Living British Columbia
27Community Social Services Employers' Association of British Columbia
28Creston Valley Wildlife Management Authority Trust Fund
29Crown Corporations Employers' Association
30Destination BC Corp.
31Douglas College
32Emily Carr University of Art and Design
33First Peoples' Heritage, Language and Culture Council
34Forest Enhancement Society of British Columbia
35Forest Innovation Investment Ltd.
36Fraser Health Authority
37Health Employers Association of British Columbia
38Industry Training Authority
39Innovate BC
40Insurance Corporation of British Columbia
41Interior Health Authority
42Justice Institute of BC
43Knowledge Network Corporation
44Kwantlen Polytechnic University
45Langara College
46Legal Services Society
47Louis Brier Home and Hospital
48Menno Hospital
49Mount St. Mary Hospital
50Nechako-Kitamaat Development Fund Society
51Nicola Valley Institute of Technology
52Nisga'a Valley Health Authority
53North Island College
54Northern Health Authority
55Northern Lights College
56Northwest Community College
57Oil and Gas Commission
58Okanagan College
59Organized Crime Agency of British Columbia Society
60Partnerships British Columbia Inc.
61Post-Secondary Employers' Association
62Providence Health Care Society
63Provincial Health Services Authority
64Provincial Rental Housing Corporation
65Real Estate Council of British Columbia
66Real Estate Foundation of British Columbia
67Royal British Columbia Museum Corporation
68Royal Roads University
69Selkirk College
70Simon Fraser University
71St. Joseph's General Hospital
72St. Michael's Centre
73Thompson Rivers University
74Trades Training Consortium of British Columbia
75Transportation Investment Corporation
76University of British Columbia
77University of Northern British Columbia
78University of the Fraser Valley
79University of Victoria
80Vancouver Coastal Health Authority
81Vancouver Community College
82Vancouver Island Health Authority
83Vancouver Island University
84Workers' Compensation Board

[Provisions relevant to the enactment of this regulation: Lobbyists Transparency Act, S.B.C. 2001, c. 42, s. 11.]