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AR 247/2009 LOBBYISTS ACT GENERAL REGULATION

(Consolidated up to 174/2016)

ALBERTA REGULATION 247/2009

Lobbyists Act

LOBBYISTS ACT GENERAL REGULATION

Table of Contents

                1      Definition

                2      Time spent lobbying

                3      Former public office holder

                4      Prescribed Provincial entity


                5      Exemption

                6      Notice of administrative penalty

                7      Amount of administrative penalty

                8      Appeal of administrative penalty

                9      Fees

              10      Expiry

              11      Coming into force

Schedules

Definition

1   In this Regulation, “Act” means the Lobbyists Act.

Time spent lobbying

2   For the purposes of determining whether lobbying amounts to at least 100 hours annually under section 1(1)(h) of the Act, time spent lobbying is indicated by the time spent communicating with a public office holder but does not include time spent preparing for the communication.

Former public office holder

3   For the purposes of section 1(3)(c) of Schedule 1 to the Act and section 1(2)(c) of Schedule 2 to the Act, the following positions are considered to be prescribed positions:

                               (a)    the highest‑ranking executive of a prescribed Provincial entity;

                              (b)    the next highest‑ranking executive to the highest‑ranking executive of a prescribed Provincial entity.

Prescribed Provincial entity

4(1)  For the purposes of the Act, the Provincial entities referred to in Schedule 1 are prescribed Provincial entities.

(2)  For the purposes of the Act, the Provincial entities referred to in Schedule 2 are not prescribed Provincial entities.

Exemption

5   For the purposes of section 3(1)(m) of the Act, the Act does not apply to the individuals referred to in Schedule 3 when acting in their official capacity.

Notice of administrative penalty

6(1)  For the purposes of section 18 of the Act, an administrative penalty is payable in respect of a contravention of any of the following sections of the Act:

                               (a)    section 4;

                              (b)    section 5;

                               (c)    section 6;

                              (d)    section 10.

(2)  A notice of administrative penalty must be given in writing and must contain the following information:

                               (a)    the name of the person required to pay the administrative penalty;

                              (b)    the particulars of the contravention;

                               (c)    the amount of the administrative penalty and the date by which it must be paid;

                              (d)    a statement of the right to appeal to the Court of Queen’s Bench.

AR 247/2009 s6;164/2010

Amount of administrative penalty

7   The amount of an administrative penalty shall be determined by the Registrar, who shall take into account the following factors:

                               (a)    the severity of the contravention;

                              (b)    the degree of wilfulness or negligence in the contravention;

                               (c)    whether or not there was any mitigation relating to the contravention;

                              (d)    whether or not steps have been taken to prevent reoccurrence of the contravention;

                               (e)    whether or not the person who received the notice of administrative penalty has a history of non‑compliance;

                               (f)    whether or not the person who received notice of administrative penalty reported himself or herself upon discovery of the contravention;

                               (g)    whether or not the person who received notice of administrative penalty has received an economic benefit as a result of the contravention;

                              (h)    any other factors that, in the opinion of the Registrar, are relevant.

Appeal of administrative penalty

8(1)  A person who is served with a notice of administrative penalty may appeal the Registrar’s decision to impose an administrative penalty by filing an application with the Court of Queen’s Bench within 30 days from the date the notice of administrative penalty was served.

(2)  The application shall describe the notice of administrative penalty and state the reasons for the appeal.

(3)  A copy of the application shall be served on the Registrar not less than 30 days before the appeal is to be heard.

(4)  The Court may, on application either before or after the time referred to in subsection (1), extend that time if it considers it appropriate to do so.

(5)  On hearing the appeal, the Court of Queen’s Bench may confirm, rescind or vary the amount of the administrative penalty.

Fees

9(1)  Subject to subsection (2), the fee payable for filing a return pursuant to section 4 or 5 of the Act is $150.

(2)  No fee is payable if the return is filed electronically.

(3)  On application by a designated filer, the Registrar may reduce or waive the payment of the filing fee payable by the designated filer under this section where the Registrar is of the opinion that to require payment of the filing fee would cause undue financial hardship.

Expiry

10   For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on September 30, 2019.

Coming into force

11   This Regulation comes into force on September 28, 2009.


Schedule 1

Provincial entities prescribed for
the purposes of the Act

Aboriginal Relations

Metis Settlements Appeal Tribunal

Advanced Education and Technology

The following universities:

        Athabasca University

        Grant MacEwan University

        Mount Royal University

        The University of Alberta

        The University of Calgary

        The University of Lethbridge

The following colleges:

        Alberta College of Art and Design

        Bow Valley College

        Grande Prairie Regional College

        Keyano College

        Lakeland College

        Lethbridge  College

        Medicine Hat College

        NorQuest College

        Northern Lakes College

        Olds College

        Portage College

        Red Deer College

The following technical institutes and The Banff Centre:

        The Banff Centre

        Northern Alberta Institute of Technology

        Southern Alberta Institute of Technology

Access Advisory Council

Alberta Apprenticeship and Industry Training Board

Alberta Council on Admissions and Transfer

Alberta Enterprise Corporation

Alberta Foundation for Health Research

Alberta Innovates

Appeal boards appointed under Part 4 of the Apprenticeship
    and Industry Training Act

The Arctic Institute of North America

The Athabasca University Governing Council

The Board of Governors of Alberta College of Art and Design

Board of Governors of The Banff Centre

The Board of Governors of Bow Valley College

The Board of Governors of Grande Prairie Regional College

The Board of Governors of Grant MacEwan University

The Board of Governors of Keyano College

The Board of Governors of Lakeland College

The Board of Governors of Lethbridge College

Board of Governors of Medicine Hat College

The Board of Governors of Mount Royal University

The Board of Governors of NorQuest College

Board of Governors of the Northern Alberta Institute
   of Technology

The Board of Governors of Northern Lakes College

The Board of Governors of Olds College

The Board of Governors of Portage College

The Board of Governors of Red Deer College

Board of Governors of the Southern Alberta Institute
   of Technology

C‑FER Technologies (1999) Inc.

Campus Alberta Quality Council

Committees established under section 4 of the Alberta
   Heritage Scholarship Act

The Fairview College Foundation

The Governors of The University of Alberta

The Governors of The University of Calgary

The Governors of The University of Lethbridge

The Grande Prairie Regional College Alumni/Foundation

The Grant MacEwan College Foundation

InnoTech Alberta Inc.

The Keyano College Foundation

Lethbridge College Foundation

The Medicine Hat College Foundation

Mount Royal College Day‑Care Society

The Mount Royal College Foundation

The NorQuest College Foundation

The Northern Alberta Institute of Technology Foundation

Olympic Oval Association

The Red Deer College Foundation

Student Financial Assistance Appeal Committees

Students Finance Board

University College International Limited Partnership

University Technologies International Inc.

Agriculture and Rural Development

Agriculture Financial Services Corporation

Agricultural Operation Practices Act Policy
   Advisory Group Committee

Alberta Agricultural Products Marketing Council

Alberta Grain Commission

Alberta Livestock and Meat Agency Ltd.

Appeal tribunals appointed under section 39 of the
   Marketing of Agricultural Products Act

Farmer’s Advocate Office

Hall of Fame Selection Committee

Institute for Agriculture, Forestry and the Environment

Irrigation Council

Practice review committees appointed under section 5
   of the Agricultural Operation Practices Act

Production Animal Medicine Advisory Committee

Children and Youth Services

The following Child and Family Services Authorities Boards
   established under the Child and Family Services Authorities Act:

        Calgary and Area CFSA Board

        Central Alberta CFSA Board

        East Central Alberta CFSA Board

        Edmonton and Area CFSA Board

        Metis Settlements CFSA Board

        North Central Alberta CFSA Board

        Northeast Alberta CFSA Board

        Northwest Alberta CFSA Board

        Southeast Alberta CFSA Board

        Southwest Alberta CFSA Board

Alberta’s Promise Executive Board

Appeal boards appointed under the Social
   Care Facilities Licensing Act

Appeal committees established under the Family
   Support for Children with Disabilities Act

Appeal panels established under the Child Care Licensing Act

Appeal panels established under the Child,
   Youth and Family Enhancement Act

Family Support for Children with Disabilities
   Multi‑Disciplinary Assessment Committee

Premier’s Council on Alberta’s Promise

Provincial Parent Advisory Committee

Provincial Stakeholder Advisory Committee

Social Care Facilities Review Committee

Youth Secretariat

Culture and Community Spirit

Alberta Film Advisory Committee

Alberta Foundation for the Arts

Alberta Historical Resources Foundation

Alberta Human Rights and Citizenship Commission

Alberta Palaeontological Advisory Committee

Blackfoot Confederacy Advisory Committee on Museum Relations

Blackfoot Landscape Heritage Advisory Committee

Crowsnest Pass Historical Corridor Advisory Committee

Fort George and Buckingham House Advisory Board

Government House Foundation

Head‑Smashed‑In Buffalo Jump Interpretative
   Centre Advisory Committee

Human Rights, Citizenship and Multiculturalism
   Education Fund Advisory Board

Oil Sands Discovery Centre Advisory Committee

Premier’s Council on Arts and Culture

Provincial Archives of Alberta Advisory Committee

Remington‑Alberta Carriage Centre Advisory Board

Reynolds‑Alberta Museum Advisory Board

Ukrainian Cultural Heritage Village Advisory Board

Victoria Settlement Advisory Committee

Wild Rose Foundation

Education

Attendance Board

Board of Reference

Certification Appeal Committee

Complainant Review Committee

Council on Alberta Teaching Standards

Practice Review Appeal Committee

Practice Review Panel

Setting the Direction for Special Education in
   Alberta Steering Committee

Teachers’ Pension Plans Board of Trustees (Alberta
   Teachers’ Retirement Fund)

Employment and Immigration

Appeal boards appointed under the Land Agents Licensing Act

Appeal panels appointed under the Widows’ Pension Act

Appeal panels established under section 47 of the
   Income and Employment Supports Act

Appeal panels or Review Committees established under the
   Recovery, Administrative Penalties and Appeals
   Regulation
(AR 381/2003)

Appeals Commission for the Alberta Workers’

   Compensation Board

Board of Examiners (for Mines)

Construction industry disputes resolution tribunals
   established under section 191 of the Labour Relations Code

Disputes resolution tribunals appointed under
   the Labour Relations Code

First Nations, Metis and Inuit Workforce Planning
   Initiative Member of Legislative Assembly Committee

Joint First Aid Training Standards Board

Labour Relations Board

Land Agent Advisory Committee

Medical panels established under the Workers’ Compensation Act

Multi‑sector advisory council, if one or more is established under
   the Labour Relations Code

Occupational Health and Safety Council

Office of the Medical Panel Commissioner

Public Emergency Tribunal under the Burial of the Dead Act

Radiation Health Advisory Committee

Training Provider Compliance and Administrative
   Penalties Appeal Committee

Workers’ Compensation Board

Energy

Advancing Energy Literacy in Alberta —
   External Advisory Committee

Alberta Energy and Utilities Board

Alberta Petroleum Marketing Commission

Alberta Utilities Commission

Electric Utilities Act Advisory Committee

Alberta Energy Regulator

Freehold Mineral Rights Tax Appeal Board

Environment

Baseline Well Water Scientific Review Panel

Buffalo Lake Management Committee

Drainage Council

Environmental Appeals Board

Finance and Enterprise

Alberta Capital Finance Authority

Alberta Economic Development Authority

Alberta Insurance Council

Alberta Local Authorities Pension Plan Corporation

Alberta Pensions Services Corporation

Alberta Securities Commission

Alberta Securities Commission Policy Advisory Committee

Automobile Insurance Rate Board

Local Authorities Pension Plan Board of Trustees

Locked-In Account Advisory Committee

Management Employees Pension Board

Nominating committee established under the
   Alberta Investment Management Corporation
   Regulation
(AR 225/2007)

Northern Alberta Development Council

Public Service Pension Board

Regulatory Review Secretariat

Special Forces Pension Board

Health and Wellness

Acupuncture Board of Examiners

Acupuncture Committee

Alberta Advisory Committee on AIDS and Sexually
   Transmitted Infection

Alberta Expert Review Panel for Blood Borne
   Infections in Health Care Workers

Alberta Health and Wellness Nomination Review Panel

Alberta Health Facilities Review Committee

Alberta Health Services

Board of Examiners in Podiatry

Claims Reassessment Advisory Committee Roster

Expert Committee on Drug Evaluation and Therapeutics

Eyecare Disciplines Advisory Committee

Health Disciplines Board

Health Professions Advisory Board

Health Quality Council of Alberta

Hospital Privileges Appeal Board

Midwifery Health Disciplines Committee

MS Drug Review Panel

Out‑of‑Country Health Services Appeal Panel

Out‑of‑Country Health Services Committee

Policy Advisory Committee on Blood Services

Premier’s Advisory Council on Health

Provincial Electronic Health Record Data Stewardship Committee

Public Health Appeal Board

Review panels appointed under the Mental Health Act

Housing and Urban Affairs

Alberta Secretariat for Action on Homelessness

Alberta Social Housing Corporation

Appeal boards appointed under the Social Care Facilities    Licensing Act

Community Development Advisory Board

Justice

Alberta Review Board

Fatality Review Board

Notaries Public Review Committee

Provincial Court Nominating Committee

Municipal Affairs

Municipal Government Board

Safety Codes Council

Seniors and Community Supports

Alberta Aids to Daily Living and Extended Health
   Benefits Appeal Panels

Appeal boards appointed under the Social Care
   Facilities Licensing Act

Appeal panels appointed under the Seniors Benefit Act

Appeal panels established under the Assured Income
   for the Severely Handicapped Act

Persons with Developmental Disabilities Appeal Panel

Persons with Developmental Disabilities
   Calgary Region Community Board

Persons with Developmental Disabilities
   Central Region Community Board

Persons with Developmental Disabilities
   Edmonton Region Community Board

Persons with Developmental Disabilities
   Northeast Region Community Board

Persons with Developmental Disabilities
   Northwest Region Community Board

Persons with Developmental Disabilities
   South Region Community Board

Premier’s Council on the Status of Persons with Disabilities

Seniors Advisory Council for Alberta

Service Alberta

Cemeteries Act appeal boards

Fair Trading Act appeal boards

Funeral Services Act appeal boards

Utilities Consumer Advocate Advisory Board

Solicitor General and Public Security

Appeal Tribunal appointed under the Horse Racing Alberta Act

Criminal Injuries Review Board

Law Enforcement Review Board

Victims of Crime Program Committee

Sustainable Resource Development

Endangered Species Conservation Committee

Land Compensation Board

Natural Resources Conservation Board

Surface Rights Board

Tourism, Parks and Recreation

Alberta Sport, Recreation Parks and Wildlife Foundation

Strategic Tourism Marketing Council

Travel Alberta

Transportation

Alberta Transportation Safety Board

Treasury Board

Advisory Committee on Alternative Capital Financing

Provincial Audit Committee

AR 247/2009 Sched.1;254/2009;89/2013;45/2014;174/2016

Schedule 2

Provincial entities that are not prescribed
Provincial entities for the purposes of the Act

Provincial entities not listed in Schedule 1 are not prescribed Provincial entities for the purposes of the Act and include the following:

Finance and Enterprise

Alberta Treasury Branches

ATB Insurance Advisors Inc.

ATB Investment Management Inc.

ATB Investment Services Inc.

ATB Securities Inc.

Credit Union Deposit Guarantee Corporation

Gainers Inc.

N.A. Properties (1994) Inc.

Solicitor General and Public Security

Alberta Gaming and Liquor Commission

Schedule 3

Members of Provincial Entities to whom
the Act does not apply

The Act does not apply to the members of the following Provincial entities when the members are acting in their official capacity:

Alberta Investment Management Corporation

Alberta Non‑Profit/Voluntary Sector Initiative
   Collaboration Committee

Reclamation Criteria Advisory Committee

Setting the Direction for Special Education in
   Alberta Steering Committee

Strategic Transportation Advisory Committee

Vermilion River Water Management Systems
   Operations Advisory Committee