Jurisdictional Analysis
To show how British Columbia compares with the rest of Canada, we’ve made a list contrasting how several different provinces approach the same issues when it comes to regulating lobbyists.
What requires someone to register as an in-house lobbyist?
New Brunswick: If lobbying activity is at least 20% of working time in a three-month period.
Saskatchewan: Greater than 30 hours of lobbying time (including preparation) in a year.
Alberta: Greater than 50 hours of lobbying time (including preparation) in a year.
Ontario: Greater than 50 hours of lobbying time (not including preparation) in a year.
British Columbia: Any lobbying activity.
What are the deadlines to register as an in-house lobbyist after starting to lobby?
New Brunswick: 2 months.
Saskatchewan: 60 days.
Alberta: 2 months.
Ontario: 2 months.
British Columbia: 10 days.
Do lobbyists have to submit a monthly return?
New Brunswick: No.
Saskatchewan: No.
Alberta: No.
Ontario: No.
British Columbia: In any month in which a senior public office holder (SPOH) is lobbied, the filer is required to submit a lobbying activity report that documents every single interaction with a SPOH that month. In addition, there is an obligation to submit a monthly return if any updates have been made to a lobbyist’s registration return in the previous month. This includes (but is not limited to) changes to organization and client information, gifts or benefits promised and/or given to public office holders, changes to whether your organization or client works together with another organization or client for the purpose of lobbying, changes to affiliates or third parties with a direct interest in the outcome of lobbying activities, the addition or removal of an in-house lobbyist, lobbying on new subject matter or issues, and changes to the public agencies being lobbied.
Do lobbyists have to report on individual meetings they have with public office holders?
New Brunswick: No.
Saskatchewan: No.
Alberta: No.
Ontario: No.
British Columbia:All lobbying attempts with senior public office holders must be registered in the monthly lobbying activity report. This is not limited just to in-person meetings or conversations by phone, but all forms of communication through which lobbying has taken place. For each interaction one must include additional information including the date, the names and titles of the SPOH(s) involved, the names of the lobbyists involved, the intended outcome of the interaction, subject matter, and other topics discussed. Every discrete individual interaction must be documented; i.e. separate letters, e-mails, tweets, or other social media posts directed at a SPOH must each all be reported individually with their relevant contextual information. There are four types of communication with SPOHs which are exempt from these requirements: oral and written submissions made in proceedings that are a matter of public record, operational-level interactions for government business, direct responses to a written request, and submissions to an MLA about a personal matter of a constituent.
Do you have to register gifts?
New Brunswick: No.
Saskatchewan: No.
Alberta: No.
Ontario: No.
British Columbia:The filer has to register whether a gift was intended to be given, its proposed value, and then subsequently if the gift is accepted (and its ultimate value). Also required is a description of the gift or benefit and the circumstances under which it was promised, given, and accepted. Things that do not directly benefit the recipient but might plausibly indirectly benefit them (like a charitable donation on their behalf) are also considered gifts and must be registered.
What are the limits on gift amounts?
New Brunswick: Gifts should amount to less than $250 over a 12-month period*.
Saskatchewan: Gifts should amount to less than $200 over the course of a calendar year*.
Alberta: Individual gifts that are “tangible” (i.e., non-monetary gifts or benefits) should amount to $500 or less*. Tickets or invitations to events that are otherwise eligible have no monetary limit.
Ontario: Gifts should amount to less than $200 over a 12-month period*.
British Columbia:An absolute limit of $100 of gift value over a 12-month period.
* Gifts above this limit may be allowed, but the recipient needs to clear them with their respective Ethics Commissioner.
How is gift value calculated?
New Brunswick: Market value.
Saskatchewan: Market value.
Alberta: Market value.
Ontario: Market value.
British Columbia:The value of a gift corresponds to its total value including potential taxes, fees, and service charges. In the case of food, drink, or entertainment provided at an event, all relevant costs relevant to the event must be factored into the cost, including venue rental, catering fees, bar/beverage costs, service costs, music/entertainment costs, transportation costs, gratuities, and other miscellaneous costs. These total costs are then divided by the total number of people who attend the event to give a per person value of the gift provided.