HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

Lobbyists Registration Act

1 The Lobbyists Registration Act, S.B.C. 2001, c. 42, is amended by adding the following heading before section 1:

Part 1 — Interpretation, Application and Prohibition .

2 Section 1 (1) is amended

(a) by repealing the definitions of "in-house lobbyist", "lobby", "organization", "payment" and "senior officer" and substituting the following:

"in-house lobbyist" means an employee, an officer or a director of an organization

(a) who receives a payment for the performance of his or her functions, and

(b) whose lobbying or duty to lobby on behalf of the organization or an affiliate, either alone or together with other individuals in the organization,

(i) amounts to at least 100 hours annually, or

(ii) otherwise meets criteria established by the regulations;

"lobby", subject to section 2 (2), means,

(a) in relation to a lobbyist, to communicate with a public office holder in an attempt to influence

(i) the development of any legislative proposal by the government of British Columbia, a Provincial entity or a member of the Legislative Assembly,

(ii) the introduction, amendment, passage or defeat of any Bill or resolution in or before the Legislative Assembly,

(iii) the development or enactment of any regulation, including the enactment of a regulation for the purposes of amending or repealing a regulation,

(iv) the development, establishment, amendment or termination of any program, policy, directive or guideline of the government of British Columbia or a Provincial entity,

(v) the awarding, amendment or termination of any contract, grant or financial benefit by or on behalf of the government of British Columbia or a Provincial entity,

(vi) a decision by the Executive Council or a member of 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, a Provincial entity or the public, or

(vii) a decision by the Executive Council or a member of the Executive Council to have the private sector instead of the Crown provide goods or services to the government of British Columbia or a Provincial entity,

(b) in relation to a consultant lobbyist only, to arrange a meeting between a public office holder and any other individual, and

(c) in relation to an in-house lobbyist only, to arrange a meeting between a public office holder and any other individual for the purposes of attempting to influence any of the matters referred to in paragraph (a) of this definition;

"organization" includes any of the following, whether incorporated, unincorporated, a sole proprietorship or a partnership:

(a) a person other than a person on whose behalf a consultant lobbyist undertakes to lobby;

(b) a business, trade, industry, professional or voluntary organization;

(c) a trade union or labour organization;

(d) a chamber of commerce or board of trade;

(e) a charitable or non-profit organization, association, society, coalition or interest group;

(f) a government, other than the government of British Columbia;

"payment", subject to section 2.1, means money or anything of value and includes a contract, a promise or an agreement to pay money or anything of value, but does not include a reimbursement of expenses; , and

(b) by adding the following definitions:

"affiliate" has the same meaning as in the Business Corporations Act;

"designated filer" means

(a) a consultant lobbyist, or

(b) in the case of an organization that has an in-house lobbyist,

(i) the most senior officer of the organization who receives payment for performing his or her functions, or

(ii) if there is no senior officer who receives payment, the most senior in-house lobbyist;

"lobbyist" means a consultant lobbyist or an in-house lobbyist;

"Provincial entity" means a prescribed Provincial entity;

"registry" means the registry established under section 7 (2); .

3 Section 1 (2) and (3) is repealed and the following substituted:

(3) For the purposes of this Act, the following are not considered to be in-house lobbyists when acting in their official capacity:

(a) members of the Legislative Assembly or Executive Council, or persons on their staff;

(b) officers and employees of the Legislative Assembly appointed under section 39 of the Constitution Act;

(c) persons appointed under the Public Service Act;

(d) persons employed by, or officers or directors of, Provincial entities;

(e) officers of the Legislature within the meaning of the Freedom of Information and Protection of Privacy Act, or persons on their staff.

4 Section 2 (1) (b) is repealed and the following substituted:

(b) members of the Legislative Assembly of another province or of a territory, or persons on the staff of any of those members; .

5 The following sections are added:

Contracting prohibition

2.1  (1) In this section, "contract for providing paid advice" means an agreement or other arrangement under which a person directly or indirectly receives or is to receive payment for providing advice to the government of British Columbia or a Provincial entity, but does not include reasonable remuneration for serving on a board, commission, council or other body that is established under an enactment and on which there are at least 2 other members who represent other organizations or interests.

(2) A person must not do either of the following:

(a) lobby on a matter in relation to which the person, or a person associated with that person, holds a contract for providing paid advice;

(b) enter into a contract for providing paid advice on a matter in relation to which the person, or a person associated with that person, is lobbying.

(3) Subsection (2) applies regardless of the number of hours the person's lobbying or duty to lobby on behalf of an organization or an affiliate, either alone or together with other individuals in the organization, amounts to annually.

(4) For the purposes of subsection (2), a person is associated with another person if the other person is

(a) a corporation of which the first person is a director or senior officer,

(b) a corporation carrying on business or activities for profit or gain if the first person owns or is the beneficial owner of shares of the corporation,

(c) the employer of the first person,

(d) a partnership

(i) of which the first person is a partner, or

(ii) of which one of the partners is a corporation associated with the first person by reason of paragraph (a) or (b) of this subsection, or

(e) a person or group of persons acting as the agent of the first person and having actual authority in that capacity from the first person.

Exemption from contracting prohibition

2.2  (1) Despite section 2.1, the registrar may, if the registrar is satisfied that it is in the public interest, exempt a person from the prohibition under section 2.1 (2).

(2) If the registrar makes an exemption under subsection (1), the registrar

(a) may impose terms and conditions on the exemption, and

(b) must enter into the registry

(i) information relating to the exemption, and

(ii) the reasons for making the exemption.

6 The following heading is added before section 3:

Part 2 — Filing Returns .

7 Section 3 is amended

(a) by repealing subsection (1) and substituting the following:

(1) Within 10 days after entering into an undertaking to lobby on behalf of a client, a consultant lobbyist must file with the registrar a return in the prescribed form and containing the information required by section 4.

(3) The designated filer of an organization must file with the registrar a return in the prescribed form and containing the information required by section 4,

(a) if no return has been filed previously, within 60 days of the date the organization first has an in-house lobbyist, or

(b) if a return has been filed previously, within 30 days of the end of each 6-month period after the date of filing the previous return. , and

(b) in subsection (2) by striking out "subsection (1) (a) for each undertaking even though the consultant lobbyist" and substituting "subsection (1) for each undertaking even though a consultant lobbyist named in the return".

8 Section 4 is amended

(a) by repealing subsection (1) and substituting the following:

(1) Each return filed under section 3 must include the following information, as applicable:

(a) the name and business address of the designated filer, and whether he or she is a consultant lobbyist or the designated filer for an in-house lobbyist;

(b) if the return is filed by a consultant lobbyist,

(i) the name and business address of the firm, if any, where the consultant lobbyist is engaged in business,

(ii) the date on which the undertaking with the client was entered into and is scheduled to terminate, and

(iii) the name of each individual engaged by the consultant lobbyist to lobby on behalf of the client;

(c) if the return is filed in respect of an in-house lobbyist, the name of each in-house lobbyist for the organization;

(d) the name and business address of the client or organization;

(e) a summary of the business or activities of the client or organization;

(f) if the client or organization is a corporation, the name and business address of each affiliate of the corporation that, to the designated filer's knowledge after making reasonable inquiries, has a direct interest in the outcome of the activities of each lobbyist named in the return who lobbies on behalf of the client or organization;

(g) without limiting paragraph (f), if the client or organization is a corporation that is a subsidiary of another corporation, the name and business address of the other corporation;

(h) if the client or organization is a member of a coalition, the name and business address of each member of the coalition;

(i) the name of any government or government agency that funds or partly funds the client or organization, and the amount of the funding;

(j) particulars to identify the subject matter concerning which a lobbyist named in the return has lobbied or expects to lobby, during the relevant period;

(k) if a lobbyist named in the return has lobbied or expects to lobby, during the relevant period, a public office holder employed by or serving in a ministry of the government of British Columbia or a Provincial entity, the name of the ministry or Provincial entity;

(l) if a lobbyist named in the return has lobbied or expects to lobby, during the relevant period,

(i) a member of the Legislative Assembly, or

(ii) a person on the staff of a member of the Legislative Assembly

concerning a matter that involves the member's capacity as a member, the name of that member;

(m) if a lobbyist named in the return has lobbied or expects to lobby, during the relevant period,

(i) a minister, or

(ii) a person on the staff of a minister

concerning a matter that involves the minister's capacity as a minister, the name of that minister;

(n) a declaration that no lobbyist named in the return is in violation of section 2.1;

(o) if any lobbyist named in the return is a former public office holder, the nature of the office formerly held by the lobbyist and the term of office;

(p) additional prescribed information.

(1.1) For the purposes of subsection (1) (o), "former public office holder" means

(a) a former member of the Executive Council and any individual formerly employed in the former member's former office,

(b) any individual who

(i) formerly occupied a senior executive position in a ministry, whether by the title of deputy minister, chief executive officer or another title, or

(ii) formerly occupied the position of associate deputy minister, assistant deputy minister or a position of comparable rank in a ministry, or

(c) any individual who formerly occupied a prescribed position in a Provincial entity. ,

(b) by repealing subsections (3) and (4) and substituting the following:

(3) Within 30 days after the completion or termination of an undertaking for which a return was filed, the consultant lobbyist who filed the return must inform the registrar of the completion or termination of the undertaking and indicate the date on which the completion or termination occurred.

(4) Within 30 days after an individual named in a return as an in-house lobbyist ceases to be an in-house lobbyist for the organization named in the return, the individual who filed the return must inform the registrar of the event and indicate the date on which the event occurred. , and

(c) by repealing subsection (6) (b) and substituting the following:

(b) in relation to a return filed in respect of an in-house lobbyist, the period,

(i) if no return has been filed previously, beginning on the date the organization first has an in-house lobbyist, or

(ii) if a return has been filed previously, beginning on the date the most recent return was filed

and ending 6 months from the date the current return is filed.

9 The following heading is added before section 7:

Part 3 — The Registrar .

10 Section 7 (4) (d) and (e) is repealed and the following substituted:

(d) delegate, in writing, to any person appointed or retained under section 41 (1) or (2) of the Freedom of Information and Protection of Privacy Act any of the powers and duties of the registrar under this Act, subject to any restrictions or limitations that the registrar may specify;

(e) authorize a person to whom powers and duties are delegated under paragraph (d) of this subsection to subdelegate those powers and duties to another person appointed or retained under section 41 (1) or (2) of the Freedom of Information and Protection of Privacy Act.

11 The following sections are added:

Power to investigate

7.1  (1) If the registrar considers it necessary to establish whether there is or has been compliance by any person with this Act or the regulations, the registrar may conduct an investigation.

(2) The registrar may refuse to investigate or may cease an investigation with respect to any matter if the registrar believes that

(a) the matter could more appropriately be dealt with under another enactment,

(b) the matter is minor or trivial,

(c) dealing with the matter would serve no useful purpose because of the length of time that has elapsed since the matter arose, or

(d) there is any other valid reason for not dealing with the matter.

(3) If the registrar discovers that

(a) the subject matter of an investigation under this section is also the subject matter of an investigation to determine whether an offence under an enactment of British Columbia or Canada has been committed, or

(b) a charge has been laid with respect to that subject matter,

the registrar must immediately suspend his or her investigation and may not continue until the other investigation has been completed, the charge has been withdrawn or a final verdict has been rendered in respect of the charge.

Hearing and administrative penalty

7.2  (1) If after an investigation under section 7.1 the registrar believes that a person under investigation has not complied with a provision of this Act or the regulations, the registrar must

(a) give notice to the person

(i) of the alleged contravention,

(ii) of the reasons why the registrar believes there has been a contravention, and

(iii) respecting how the person may exercise an opportunity to be heard under paragraph (b) of this subsection, and

(b) give the person a reasonable opportunity to be heard respecting the alleged contravention.

(2) If after giving a person under investigation a reasonable opportunity to be heard respecting an alleged contravention the registrar determines that the person has not complied with a prescribed provision of this Act or the regulations, the registrar

(a) must inform the person of the registrar's determination that there has been a contravention,

(b) may impose an administrative penalty of not more than $25 000, and

(c) must give to the person notice

(i) of the registrar's determination that the person has not complied with a prescribed provision of this Act or the regulations and the reason for the decision,

(ii) if a penalty is imposed, of the amount, the reason for the amount and the date by which the penalty must be paid, and

(iii) respecting how the person may request reconsideration, under section 7.3, of the determination of non-compliance or the imposition or amount of the penalty.

(3) Despite subsection (2), the registrar must not impose an administrative penalty if more than 2 years have passed since the date of the contravention.

Reconsideration

7.3  (1) Within 30 days after being informed of a contravention in accordance with section 7.2, a person may request the registrar to reconsider a decision under section 7.2 (2) (a) or (b), or both.

(2) A request under subsection (1) must be in writing and must identify the grounds on which a reconsideration is requested.

(3) On receiving a request for a reconsideration under subsection (1), the registrar must do all of the following:

(a) consider the grounds on which the reconsideration is requested;

(b) rescind the decision under section 7.2 (2) (a) or (b), or both, or confirm or vary the amount of the penalty;

(c) if the amount of an administrative penalty is confirmed or varied, extend the date by which the penalty must be paid;

(d) notify the person in writing of the matters under paragraphs (b) and (c) of this subsection, as applicable, and of the reasons for the decision to confirm, vary or rescind under paragraph (b) of this section.

Payment of administrative penalties

7.4  (1) A person on whom an administrative penalty is imposed must pay the administrative penalty by the date stated in the notice under

(a) section 7.2 (2), if no reconsideration is requested under section 7.3, or

(b) section 7.3 (3), if a reconsideration is requested under that section.

(2) An administrative penalty constitutes a debt due to the government by the person on whom the penalty is imposed.

(3) If a person fails to pay an administrative penalty as required under subsection (1), the registrar may file with the Supreme Court or Provincial Court a certified copy of the notice imposing the administrative penalty and, on being filed, the notice has the same force and effect, and all proceedings may be taken on the notice, as if it were a judgment of that court.

(4) All administrative penalties received under this section must be paid into the consolidated revenue fund.

Powers to compel persons and records

7.5  (1) For the purposes of sections 7.1 to 7.3, the registrar may make an order requiring a person to do either or both of the following:

(a) attend, in person or by electronic means, before the registrar to answer questions on oath or affirmation, or in any other manner;

(b) produce for the registrar a record in the custody or under the control of the person, including a record containing personal information.

(2) The registrar may apply to the Supreme Court for an order

(a) directing a person to comply with an order made under subsection (1), or

(b) directing any directors and officers of a person to cause the person to comply with an order made under subsection (1).

(3) A person must produce to the registrar within 10 days any record or a copy of any record required under subsection (1).

(4) A person subject to an order under subsection (1) or (2) has the same privileges in relation to giving evidence to the registrar as the person would have with respect to a proceeding in a court.

(5) Evidence given by a person in an investigation or during a hearing is inadmissible against the person in a court or in any other proceeding, except

(a) in a prosecution for perjury in respect of sworn testimony,

(b) in a prosecution for an offence under this Act, or

(c) in an application for judicial review or an appeal from a decision with respect to that application.

Contempt proceeding for uncooperative person

7.6  (1) The failure or refusal of a person subject to an order under section 7.5 to do any of the following makes the person, on application to the Supreme Court by the registrar, liable to be committed for contempt as if in breach of an order or a judgment of the Supreme Court:

(a) attend before the registrar;

(b) take an oath or make an affirmation;

(c) answer questions;

(d) produce records in the person's custody or under the person's control.

(2) Subsection (1) does not limit the conduct for which a finding of contempt may be made by the Supreme Court.

Discretion to receive information and records in confidence

7.7  The registrar may direct that all or part of the information or a record received under section 7.1, 7.2, 7.3 or 7.5 be received in confidence to the exclusion of any other person, on terms the registrar considers necessary, if the registrar believes that the nature of the information or record requires that direction to ensure the proper administration of this Act.

Report if non-compliance

7.8  (1) If after a hearing under section 7.2 the registrar determines that a person under investigation has not complied with a provision of this Act or the regulations, the registrar must make a report of

(a) the registrar's findings and conclusions and reasons for those conclusions, and

(b) the amount of any administrative penalty imposed and whether, at the time of making the report, the amount has been paid.

(2) If the registrar considers it to be in the public interest, the registrar may include in a report details of any payment received, disbursement made or expense incurred by an individual named in a return filed under section 3 in respect of any communication or meeting referred to in the definition of "lobby" in section 1 (1).

(3) If after a hearing under section 7.2 an administrative penalty is imposed, the registrar is not required to report under subsection (1) of this section until

(a) the time for requesting a reconsideration under section 7.3 (1) has expired, or

(b) the registrar has given notice of his or her decision under section 7.3 (3).

(4) The registrar must deliver to the Speaker of the Legislative Assembly each report made under this section.

(5) After receiving a report under subsection (4),

(a) if the Legislative Assembly is sitting or will be sitting within 10 days, the Speaker must promptly lay the report before the Legislative Assembly, or

(b) if the Legislative Assembly is not sitting or will not be sitting within 10 days, the Speaker must file the report with the Clerk of the Legislative Assembly.

Other reports of investigations

7.9  (1) This section applies if

(a) the registrar refuses to investigate, ceases an investigation or suspends an investigation under section 7.1, or

(b) after an investigation or a hearing, as applicable, the registrar believes or determines that a person under investigation has complied with this Act and the regulations.

(2) The registrar may

(a) make a report of the registrar's findings and conclusions and reasons for those conclusions in respect of a matter referred to in subsection (1), and

(b) if the register considers it to be in the public interest, make the report publicly available.

Reports made publicly available

7.91  In accordance with section 33.1 (1) (c) of the Freedom of Information and Protection of Privacy Act, the registrar may disclose inside or outside Canada a report that must be made under section 7.8 or that may be made under section 7.9 of this Act, and may include with the report

(a) the name of the person who was under investigation or in respect of whom the registrar refused to investigate or ceased or suspended an investigation,

(b) a description of the conduct or circumstances that were the subject of the report, and

(c) any of the matters set out in sections 7.8 (1) or (2) or 7.9 (2) (a).

Restrictions on disclosure of information by the registrar and staff

7.92  (1) Except as provided under this section, the registrar and anyone acting for or under the direction of the registrar must not disclose

(a) whether an investigation or a hearing is being conducted under this Act, or

(b) any information or record obtained in conducting an investigation or a hearing under this Act.

(2) The registrar may disclose, or may authorize anyone acting for or under the direction of the registrar to disclose, information that is necessary to

(a) conduct an investigation or a hearing under this Act,

(b) enforce an administrative penalty under section 7.4, or

(c) make a report under this Act.

(3) If the registrar considers it to be in the public interest or in the interest of an individual, the registrar may comment publicly about a matter relating generally to the exercise of the registrar's duties or to a particular investigation or hearing being conducted under this Act.

(4) The registrar and anyone acting for or under the direction of the registrar must not give or be compelled to give evidence in court or in any other proceedings in respect of any information or records obtained in conducting an investigation or a hearing under this Act.

(5) Despite subsection (4), the registrar and anyone acting for or under the direction of the registrar may give or be compelled to give evidence

(a) in a prosecution for perjury in respect of sworn testimony,

(b) in a prosecution for an offence under this Act, or

(c) in an application for judicial review of, or an appeal from, a decision of the registrar made under this Part.

(6) If the registrar considers there is evidence of an offence against an enactment of British Columbia or Canada, the registrar may disclose to the Assistant Deputy Attorney General, Criminal Justice Branch, information relating to the commission of the alleged offence.

Return of records

7.93  If the registrar considers that a record or copy of a record produced under section 7.5 is no longer required for the purposes of this Act, the registrar must return the record or copy as soon as practicable.

Application of sections 5 and 6

7.94  Sections 5 and 6 do not apply to a document submitted to the registrar under section 7.1, 7.2, 7.3 or 7.5.

12 The following heading is added before section 8:

Part 4 — General Provisions .

13 Section 8 is amended

(a) by renumbering the section as section 8 (1),

(b) in subsection (1) by striking out "established under section 7 (2)" and substituting ", including the dates when a lobbyist registered under this Act and completed or terminated an undertaking or otherwise ceased to be a lobbyist for the purposes of this Act,", and

(c) by adding the following subsection:

(2) For greater certainty, nothing in this Act requires a public office holder to verify whether any person who is or may be lobbying the public office holder has acted in accordance with this Act.

14 The following sections are added:

Annual report

9.1  (1) The registrar must prepare and deliver to the Speaker of the Legislative Assembly an annual report respecting activities under this Act for the past year.

(2) After receiving a report under subsection (1),

(a) if the Legislative Assembly is sitting or will be sitting within 15 days, the Speaker must promptly lay the report before the Legislative Assembly, or

(b) if the Legislative Assembly is not sitting or will not be sitting within 15 days, the Speaker must file the report with the Clerk of the Legislative Assembly.

Personal liability protection

9.2  (1) Subject to subsection (2), no legal proceeding for damages lies or may be commenced or maintained against the registrar or persons acting on behalf of the registrar because of anything done or omitted

(a) in the exercise or intended exercise of any power under this Act, or

(b) in the performance or intended performance of any duty under this Act.

(2) Subsection (1) does not apply to a person referred to in that subsection in relation to anything done or omitted by that person in bad faith.

Time limit for judicial review

9.3  (1) An application for judicial review of a final decision of the registrar must be commenced within 60 days of the date notice of the decision is given.

(2) Despite subsection (1), either before or after expiration of the time, the court may extend the time for making the application on terms the court considers proper, if it is satisfied that there are serious grounds for relief, there is a reasonable explanation for the delay and no substantial prejudice or hardship will result to a person affected by the delay.

Power to educate public respecting this Act

9.4  In addition to the registrar's powers and duties under this Act, the registrar may develop and conduct public education and information designed to promote awareness and understanding of this Act.

15 Section 10 is amended

(a) in subsection (1) by striking out "section 3 (1)" and substituting "section 2.1 (2), 3 (1) or (3)",

(b) by adding the following subsections:

(3.1) A person who wilfully interferes with or obstructs a person exercising a power or performing a duty under this Act commits an offence.

(3.2) A person who contravenes a prohibition imposed under subsection (7) commits an offence. ,

(c) by repealing subsection (4) and substituting the following:

(4) A person who commits an offence under subsection (1), (2), (3.1) or (3.2) is liable on conviction

(a) for a first offence, to a fine of not more than $25 000, and

(b) for a second or subsequent offence, to a fine of not more than $100 000. , and

(d) by adding the following subsections:

(6) A prosecution for an offence under this section must not be commenced more than 2 years after the date on which the alleged offence occurred.

(7) If a person is convicted of an offence under this Act, the registrar may, if the registrar considers it to be in the public interest, taking into account the gravity of the offence and the number of previous convictions or administrative penalties imposed, if any, prohibit the person who committed the offence from lobbying and from filing, or having a return filed in respect of the person, for a period of not more than 2 years.

(8) If the registrar imposes a prohibition under subsection (7), the registrar must ensure that information relating to the prohibition is entered into the registry.

(9) The registrar may make public the nature of an offence, the name of the person who committed it, the punishment imposed and, if applicable, any prohibition under subsection (7).

16 The following section is added:

Person not to be charged with both
administrative penalty and offence

10.1  (1) A person subject to an administrative penalty under this Act must not be prosecuted under this Act for an offence in respect of the same incident that gave rise to the administrative penalty.

(2) A person charged under this Act with an offence must not be subject to an administrative penalty under this Act in respect of the same incident that gave rise to the charge.

17 Section 11 (2) is amended

(a) by repealing paragraph (a),

(b) by adding the following paragraphs:

(a.1) respecting the determination of time spent lobbying and establishing other criteria for the purposes of the definition of "in-house lobbyist" in section 1 (1);

(a.2) respecting the determination of what constitutes communication with a public office holder for the purposes of the definition of "lobby" in section 1 (1);

(a.3) prescribing Provincial entities, including prescribing different Provincial entities for the purposes of different provisions of this Act;

(d.1) prescribing positions for the purposes of section 4 (1.1) (c);

(e.1) prescribing provisions of this Act or the regulations for the purposes of section 7.2 (2);

(f.1) respecting the service of notice under Part 3, including deeming a person to have received notice after a time or if served in a manner set out in the regulations; , and

(c) in paragraph (d) by striking out "section 4 (1) (c) (ii), (d) (ii) or (h)" and substituting "section 4 (1) (p)".

 
Transitional Provisions

Transition — lobbyists

18  If on April 1, 2010, a lobbyist or designated filer has previously filed a return, the lobbyist or designated filer must file a new return or update the previous return in accordance with section 3 of the Lobbyists Registration Act as amended by this Act,

(a) if the return is in respect of a consultant lobbyist, before April 10, 2010, or

(b) if the return is in respect of an in-house lobbyist, before May 1, 2010.

Transition — contracting prohibitions

19  If on April 1, 2010 a person is in contravention of section 2.1 (2) of the Lobbyists Registration Act as enacted by this Act, section 2.1 (2) of the Lobbyists Registration Act as enacted by this Act does not apply to the person until June 1, 2010.

Transition — investigations and reporting

20 In relation to conduct that occurred before April 1, 2010,

(a) the powers and duties of the registrar as set out in sections 7.1 to 7.93 of the Lobbyists Registration Act as enacted by section 11 of this Act do not apply, and

(b) the Lobbyists Registration Act, as it read immediately before the date section 11 of this Act came into force, applies.

Commencement

21  This Act comes into force on April 1, 2010.