Lobbyists Transparency Act FAQs
The British Columbia Lobbyists Transparency Act (LTA) has a certain subtle complexity; the sheer volume of additional explanatory documentation supporting it is proof enough of this. Combined with the Registrar of Lobbyists’ requirements for strict adherence and willingness to give fines for non-compliance, it can put small charities and NGOs in a tough spot if they lack the specialist knowledge to interpret it. Here are a few questions you might have about it:
I’ve read the Lobbyists Transparency Act front-to-back and it seems simple enough. I know everything I need to know to be compliant, right?
No! The Office of the Registrar of Lobbyists for BC (ORL) has 29 “guidance documents” on its website which offer further information and context about rules and regulations not outlined in the LTA but interpreted from statute. These are consistently updated; ten new documents were added in May 2025 alone. Some of the guidelines aren’t where you think they might be; it’s a good idea to read all of them to get a full grasp of what is expected. There are also 199 “frequently asked questions” on the ORL website which provide more information.
The LTA says “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.” Does this mean if our organization discloses infractions from more than two years ago, we will not face punishment?
No! The ORL considers infractions to be ongoing until they are correctly reported; e.g. if you failed to disclose an attempt to lobby a public office holder, or failed to register for lobbying activities four years ago, you are still actively breaching the LTA and will be in breach until you correctly report those activities. It is from the date that you are compliant that the ORL has a two-year window to begin a prosecution against you.
Does that mean me or my organization can be punished for bringing to light infractions by former employees/managers?
Yes. There are a number of examples of this exact phenomenon happening, with fines in the thousands of dollars being levied against charities/non-profits like animal shelters or domestic violence support organisations.
I’m part of a very small non-profit/charity… do I *really* need to register if we only do a little lobbying?
There is one exemption from the need to register lobbying activity with the ORL. If you are: a. an organization of fewer than six employees, b. the lobbying by any individual or group or affiliate of the organization amounts to fewer than 50 hours in the preceding 12-month period (including preparation, travel time, etc.), and c. the primary purpose of the organization and its lobbying activities ISN’T to represent the interests of its members or to promote or oppose issues, then you are exempt from needing to register.
How do you lobby without “promoting or opposing issues”?
That’s a good question, and the LTA and ORL doesn’t qualify how. In general, the ORL takes very wide interpretations of what actions it considers lobbying so it is not exactly simple to predict how it might or might not interpret these rules. Likewise, when it comes to “representing the interests of its members”, considering the guidelines with respect to making charitable donations the ORL deems enhancing one’s reputation to be a material interest, so it is hard to gauge exactly how a ruling on this might fall. Even if you consider yourself to be exempt from the LTA by meeting these requirements, it is still a good idea to keep track of your lobbying activities so that you can prove you fall below the 50-hour limit should the ORL investigate you.
This sounds awfully complicated. Should I just register as a lobbyist to be sure?
No! Registering yourself or your organization when you are not undertaking lobbying activities is considered by the ORL to be supplying false information, which is a violation of the LTA and punishable with fines. Only register if you are carrying out lobbying activity.
Is there anyone exempt from the considerations of the LTA?
Volunteers are exempt from the LTA; it requires that people are paid for their lobbying activities to qualify under the act. However, the ORL requires them to be “true volunteers”; people who are not directly compensated for that specific position but otherwise gain materially by their association with the organization or an affiliate are not considered to be exempt.
Why should I bother lobbying at all if it’s this difficult?
That’s why we want to change the LTA. At present the burden placed on non-profits and charities is too high, especially for smaller organisations with fewer resources. When the regulations to be followed are so complex and the punishments for even minor infractions are so severe, the risk of in-house lobbying is too high. That effectively shuts out non-profits and charities who cannot afford consultant lobbyists from carrying their advocacy to SPOHs. We need an LTA that values transparency without discouraging organisations from carrying out their advocacy.
Is there any reason to expect success?
There have already been some beneficial reforms with respect to the requirements for reporting government funding: these have moved from monthly reports to quarterly reports. It is also no longer required to report requests for government funding. These are encouraging signs that there may be some appetite for reforming the more onerous restrictions.