Sue's Blog

Saturday, November 18, 2006

The Fibre Optic Deal and the Lobbyist Registration Act

The Fibre Optic Deal
Lobby or Not?
Part I

The Act does apply - first of all the activities surrounding the fibre optics deal - the delivery of an unsolicited proposal and subsequent communications - clearly falls within the defintion of a lobby.

Interpretation

2. (1) In this Act

(c) "lobby" means to communicate with a public-office holder for remuneration or other gain, reward or benefit, in an attempt to influence

(i) the development of any legislative proposal by the government of the province or by a member of the House of Assembly,

(ii) the introduction of any bill or resolution in the House of Assembly or the passage, defeat or amendment of any bill or resolution that is before the House of Assembly,

(iii) the making, amendment or repeal of any subordinate legislation as defined in the Statutes and Subordinate Legislation Act ,

(iv) the development, amendment or termination of any policy or program of the government of the province,

(v) a decision by 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 or to the public,

(vi) a decision by the Executive Council, a committee of the Executive Council or a minister of the Crown to have the private sector instead of the Crown provide goods or services to the Crown,

(vii) the awarding of any grant, contribution or other financial benefit by or on behalf of the Crown,

(viii) the awarding of any contract by or on behalf of the Crown,

(ix) arranging a meeting between a public-office holder and any other person,

(x) public-office holders relating to the procurement of goods and services,

(xi) public-office holders relating to the terms of a tender or request for proposals or other procurement solicitation prior to the awarding of that tender or the acceptance of the request for proposals or other procurement solicitation,

(xii) public-office holders relating to the terms of a contract, the choice of a contractor, or the administration, implementation or enforcement of a contract, or

(xiii) the appointment of any public official;

I can determine at least seven (7) of these paragraphs apply.

Part II following immediately...

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