Bill 1: Lobbyists Act
Update – October 2009
The regulations and registry associated with the Alberta Lobbyist Act came into force on September 28, 2009.
The release of regulations for the Lobbyist Act in September has generated renewed interest in this area. It has been brought to our attention that there is some confusion regarding nonprofits and the Lobbyist Act. To clarify, nonprofit organizations are exempted from this Act, with limited exceptions, particularly organizations serving industry, professional, management or union interests. Therefore, there is no requirement for nonprofits to register in the lobbyist registry except the relatively small number of groups mentioned. If you are unclear about whether your nonprofit is exempt, please contact the Office of the Ethics Commissioner of Alberta.
The following is excerpted from the Lobbyist Act, in relation to the exemption for most nonprofits:
Restrictions on application of Act
3(1) This Act does not apply to any of the following when acting in their official capacity:
(i)directors, officers or employees of an organization referred to in section 1(1)(g)(iv) not constituted to serve management, union or professional interests nor having a majority of members that are profit seeking enterprises or representatives of profit seeking enterprises;
1(1) In this Act,
(g) “organization” includes any of the following, whether incorporated, unincorporated, a partnership or a sole proprietorship:
(iv) a non profit organization, association, society, coalition or interest group
Background
In March 2007, the Government of Alberta introduced Bill 1, the Lobbyists Act. While other provinces have lobbying legislation, Alberta’s Bill 1 affects more people, requires more reporting, and makes more activities illegal. For nonprofits and charities, the Act could add administrative burden, hinder collaboration, and cut government off from a readily-available and informed pipeline to community.
The Lobbyists Act passed in the Assembly and included the amendment announced by House Leader Dave Hancock to exempt all charities and nonprofits serving the "public good" (i.e.: not including those constituted to serve management, union, or professional interests). The Bill is now awaiting Royal Assent, which should happen very soon.
The exemption is a significant amendment and is consistent with a similar exemption for nonprofits serving the public in Quebec. The amendment goes well beyond the recommendations put forward by the Standing Committee on Government Services in addressing the concerns raised by the sector.
Related Information
CCVO Information
Feel free to copy text from the pieces below for use by your own organization.
- Our December 12 2007 letter thanking MLAs for changes to Bill 1
- Timeline of Bill 1
- Our In Brief publication about Bill 1 as originally drafted (also discusses federal legislation)
- Our November 8 letter to MLAs and news release
Other Nonpofit Information
- Joint Submission to government, endorsed by 160 nonprofits and prepared by the Muttart Foundation
- An analysis of Bill 1 and its affect on the sector, by The Legal Resource Centre
Government Information
- Lobbyist Act
- Lobbyist Act Regulations
- Government webpage on the Bill
- Office of the Ethics Commissioner - Contact Information
- Key points, compiled by CCVO, from the Assembly transcripts for November 14 and November 21.
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