VANCOUVER—In politics, one word can make all the difference.

On Wednesday in British Columbia, that word was “former” — revealed in a letter released by province’s lobbyist watchdog.

He found a “significant loophole” in the law was allowing ex-bureaucrats and political staffers to “escape the two-year lobbying prohibition” on trying to influence current government ministers, even their own former bosses.

“A possible error within the (Lobbyists Registration Act)’s definition of ‘former public office holder’ … means that any individual formerly employed by a current member of cabinet would not fall under the two-year lobbying prohibition,” McEvoy wrote, “and would not be required to publicly declare past government connections.”

In other words, a “current” government minister can be lobbied without the lobbyist registering as required or revealing their insider relationships.

Eby’s legislation came into force on May 1, and at the time he said banning former staffers from turning around and lobbying their former public employer would help clean up politics in the province.

“It will eliminate the potential for undue influence, and the improper use of insider knowledge in lobbying,” Eby said in an April 20 statement.

But in several cases that McEvoy investigated, some former government staffers were not disclosing their insider connections or waiting the required two years because they were lobbying current ministers — not “former” ones.

The law merely bans them from lobbying a “former public office holder.”

“On its face,” McEvoy wrote to Eby, “the definition creates a significant loophole for any individual seeking to lobby who was formerly employed by a Cabinet minister still in office.”

One case he cited was Brynn Bourke, a lobbyist for the BC Building Trades who was previously a former political staffer to Jinny Sims, B.C.’s citizens services minister. The BC Building Trades publicly supported the B.C. NDP’s controversial new pro-union rules on public infrastructure projects.

That sparked uproar from the B.C. Liberals who accused the NDP of letting insiders influence their government.

“The NDP are using deceptive wording to side-step their own lobbying rule,” said B.C. Liberal MLA Mary Polak in a statement. “In targeting ‘former’ Ministers and staff, they tried to pull the wool over British Columbians’ eyes while allowing their own ‘current’ insiders to use their influence immediately after leaving government … Once again, the NDP are using legislation to benefit party insiders and political allies.”

McEvoy, whom the NDP appointed in April, requested Eby amend the legislation to close the loophole immediately, arguing that “British Columbians would expect those who formerly held, or currently hold, important roles in government” would be subject to the law’s two-year “cooling-off period.”

But Eby said the loophole in the law was “pre-existing” and “longstanding drafting error” before his party took office, and promised in the fall the NDP will table “broader legislation to reform and modernize the rules on lobbying” that would close the loophole and “ensure the integrity of this important legislation.”

Loading... Loading... Loading... Loading... Loading... Loading...

McEvoy said regardless of the intent of the wording, he would be forced to take it at face value in future decisions, until the law changes, even though “such cases represent the very mischief the legislation was designed to eliminate … I can’t ignore the Act’s clear and unambiguous language.”

That decision on interpreting the rules “will have immediate and negative consequences for the regulation of lobbying activities in B.C.,” Eby alleged in a statement.

Read more about: