An Act to amend the Lobbyists Registration Act

Link to law: http://laws-lois.justice.gc.ca/eng/AnnualStatutes/2003_10/FullText.html

An Act to amend the Lobbyists Registration Act

S.C. 2003, c. 10

Assented to 2003-06-11

An Act to amend the Lobbyists Registration Act

SUMMARY

This enactment amends the Lobbyists Registration Act by removing the words “in an attempt to influence” in respect of the communications referred to in the registration provisions, and by removing the exception for communications made in response to requests by public office holders. It also provides that communications that are restricted to requests for information are not subject to the Act. The enactment requires that all lobbyists file a return every six months, and imposes most of the registration obligations that apply to in-house lobbyists for organizations on in-house lobbyists for corporations.

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

R.S., c. 44 (4th Supp.) LOBBYISTS REGISTRATION ACT

1. The third paragraph of the preamble of the Lobbyists Registration Act is replaced by the following:

AND WHEREAS it is desirable that public office holders and the public be able to know who is engaged in lobbying activities;

Marginal note:1995, c. 12, s. 1(1)

2. Paragraph (d) of the definition “organization” in subsection 2(1) of the Act is replaced by the following:

(d) a partnership, trust, association, charitable society, coalition or interest group,

Marginal note:1994, c. 35, s. 36; 2000, c. 7, s. 24

3. (1) Paragraphs 4(1)(d.1) and (d.2) of the Act are replaced by the following:

(d.1) members of an aboriginal government or institution that exercises jurisdiction or authority under a self-government agreement, or under self-government provisions contained in a land claims agreement, given effect by or under an Act of Parliament, persons on the staff of those members or employees of that government or institution;

Marginal note:1995, c. 12, s. 2(2)

(2) Paragraphs 4(2)(b) and (c) of the Act are replaced by the following:

(b) any oral or written communication made to a public office holder by an individual on behalf of any person or organization with respect to the enforcement, interpretation or application of any Act of Parliament or regulation by that public office holder with respect to that person or organization; or

(c) any oral or written communication made to a public office holder by an individual on behalf of any person or organization if the communication is restricted to a request for information.

Marginal note:1995, c. 12, s. 3

4. (1) Subsection 5(1) of the Act is replaced by the following:

Marginal note:Requirement to file return

5. (1) An individual shall file with the registrar, in the prescribed form and manner, a return setting out the information referred to in subsection (2), if the individual, for payment, on behalf of any person or organization (in this section referred to as the “client”), undertakes to

(a) communicate with a public office holder in respect of

(i) the development of any legislative proposal by the Government of Canada or by a member of the Senate or the House of Commons,

(ii) the introduction of any Bill or resolution in either House of Parliament or the passage, defeat or amendment of any Bill or resolution that is before either House of Parliament,

(iii) the making or amendment of any regulation as defined in subsection 2(1) of the Statutory Instruments Act,

(iv) the development or amendment of any policy or program of the Government of Canada,

(v) the awarding of any grant, contribution or other financial benefit by or on behalf of Her Majesty in right of Canada, or

(vi) the awarding of any contract by or on behalf of Her Majesty in right of Canada; or

(b) arrange a meeting between a public office holder and any other person.

Marginal note:Time limits for filing returns

(1.1) An individual shall file a return

(a) not later than ten days after entering into an undertaking referred to in subsection (1); and

(b) subject to subsections (1.2) and (1.3), not later than thirty days after the expiry of every six-month period after the day on which a return is filed under paragraph (a).

Marginal note:Exception if change provided

(1.2) Where an individual provides a change to information or newly acquired information under subsection (3), a return under paragraph (1.1)(b) shall be filed not later than thirty days after the expiry of every six-month period after the last day on which a change or newly acquired information is provided under that subsection.

Marginal note:Completion or termination of undertaking

(1.3) An individual is not required to file a return under paragraph (1.1)(b) with respect to an undertaking if the individual completes or terminates the undertaking and advises the registrar of that fact in the prescribed form and manner before the expiry of the period within which the return must be filed under that paragraph.

Marginal note:1995, c. 12, s. 3; 1999, c. 31, s. 163(F)

(2) Paragraph 5(2)(e.1) of the Act is replaced by the following:

(e.1) the client is funded in whole or in part by a government or government agency, the name of the government or agency, as the case may be, and the amount of funding received;

Marginal note:1995, c. 12, s. 3

(3) Paragraph 5(2)(f) of the Act is replaced by the following:

(f) particulars to identify the subject-matter in respect of which the individual undertakes to communicate with a public office holder or to arrange a meeting, and any other information respecting the subject-matter that is prescribed;

Marginal note:1995, c. 12, s. 3

(4) Paragraph 5(2)(g) of the French version of the Act is replaced by the following:

g) le fait, le cas échéant, que le paiement est constitué en tout ou en partie d’honoraires conditionnels et donc subordonné à l’influence qu’il réussit à exercer sur l’une des mesures visées aux sous-alinéas (1)a)(i) à (vi);

Marginal note:995, c. 12, s. 3

(5) Paragraphs 5(2)(i) and (j) of the Act are replaced by the following:

(h.1) if the individual is a former public officer holder, a description of the offices held;

(i) the name of any department or other governmental institution in which any public office holder with whom the individual communicates or expects to communicate in respect of any matter described in subparagraphs (1)(a)(i) to (vi) or with whom a meeting is, or is to be, arranged, is employed or serves;

(j) if the individual undertakes to communicate with a public office holder in respect of any matter described in subparagraphs (1)(a)(i) to (vi), particulars to identify any communication technique that the individual uses or expects to use in connection with the communication with the public office holder, including any appeals to members of the public through the mass media or by direct communication that seek to persuade those members of the public to communicate directly with a public office holder in an attempt to place pressure on the public office holder to endorse a particular opinion (in this Act referred to as “grass-roots communication”); and

Marginal note:1995, c. 12, s. 3

(6) Subsection 5(4) of the Act is repealed.

Marginal note:1995, c. 12, s. 3

(7) Subsection 5(7) of the Act is replaced by the following:

Marginal note:For greater certainty

(7) For greater certainty, an individual who undertakes to communicate with a public office holder as described in paragraph (1)(a) is not required to file more than one return with respect to the undertaking, even though the individual, in connection with that undertaking, communicates with more than one public office holder or communicates with one or more public office holders on more than one occasion.

Marginal note:1995, c. 12, s. 3; 1999, c. 21, s. 164(F)

5. Section 6 of the Act and the heading before it are repealed.

Marginal note:1995, c. 12, s. 3

6. The heading before section 7 of the Act is replaced by the following:

In-house Lobbyists (Corporations and Organizations)

Marginal note:1995, c. 12, s. 3

7. (1) Subsections 7(1) to (4) of the Act are replaced by the following:

Marginal note:Requirement to file return

7. (1) The officer responsible for filing returns for a corporation or organization shall file with the registrar, in the prescribed form and manner, a return setting out the information referred to in subsection (3) if

(a) the corporation or organization employs one or more individuals any part of whose duties is to communicate with public office holders on behalf of the employer or, if the employer is a corporation, on behalf of any subsidiary of the employer or any corporation of which the employer is a subsidiary, in respect of

(i) the development of any legislative proposal by the Government of Canada or by a member of the Senate or the House of Commons,

(ii) the introduction of any Bill or resolution in either House of Parliament or the passage, defeat or amendment of any Bill or resolution that is before either House of Parliament,

(iii) the making or amendment of any regulation as defined in subsection 2(1) of the Statutory Instruments Act,

(iv) the development or amendment of any policy or program of the Government of Canada, or

(v) the awarding of any grant, contribution or other financial benefit by or on behalf of Her Majesty in right of Canada; and

(b) those duties constitute a significant part of the duties of one employee or would constitute a significant part of the duties of one employee if they were performed by only one employee.

Marginal note:Time limits for filing returns

(2) The officer responsible for filing returns shall file a return

(a) not later than two months after the day on which the requirement to file a return first arises under subsection (1); and

(b) subject to subsection (2.1), not later than thirty days after the expiry of every six-month period after the day on which a return is filed under paragraph (a).

Marginal note:Termination of activities

(2.1) The officer responsible for filing returns is not required to file a return under paragraph (2)(b) if

(a) the employer no longer employs any employees whose duties are as described in paragraphs (1)(a) and (b); and

(b) the officer responsible for filing returns advises the registrar of the circumstances described in paragraph (a) in the prescribed form and manner before the expiry of the period within which the return must be filed under paragraph (2)(b).

Marginal note:Contents of return

(3) The return shall set out the following information:

(a) the name and business address of the officer responsible for filing returns;

(b) the name and business address of the employer;

(b.1) if the employer is a corporation, the name and business address of every subsidiary of the corporation that, to the knowledge of the officer responsible for filing returns, has a direct interest in the outcome of an employee’s activities on behalf of the employer in respect of any matter described in subparagraphs (1)(a)(i) to (v);

(b.2) if the employer is a corporation that is a subsidiary of any other corporation, the name and business address of that other corporation;

(c) a description in summary form of the employer’s business or activities and any other information to identify its business or activities that is prescribed;

(d) if the employer is an organization, a description of the organization’s membership and any other information to identify its membership that is prescribed;

(e) if the employer is funded in whole or in part by a government or government agency, the name of the government or agency, as the case may be, and the amount of funding received;

(f) if the employer is an organization, the name of each employee any part of whose duties is as described in paragraph (1)(a);

(f.1) if the employer is a corporation, the name of

(i) each senior officer any part of whose duties is as described in paragraph (1)(a), and

(ii) any other employee any part of whose duties is as described in paragraph (1)(a), if that part constitutes a significant part of the duties of that employee;

(g) if the return is filed under paragraph (2)(a), particulars to identify the subject-matter of any communication between any employee named in the return and a public office holder in respect of any matter described in subparagraphs (1)(a)(i) to (v) during the period between the date on which the requirement to file a return first arises under subsection (1) and the date of filing, and any other information respecting that subject-matter that is prescribed;

(h) if the return is filed under paragraph (2)(b), particulars to identify the subject-matter of any communication between any employee named in the return and a public office holder in respect of any matter described in subparagraphs (1)(a)(i) to (v) during a six-month period referred to in paragraph (2)(b) and any other information respecting that subject-matter that is prescribed;

(h.1) if any employee named in the return communicates with a public office holder in respect of any matter described in subparagraphs (1)(a)(i) to (v) during the period between the expiry of a six-month period referred to in paragraph (2)(b) and the date on which the return is filed under that paragraph, particulars to identify the subject-matter of the communication and any other information respecting that subject-matter that is prescribed;

(h.2) if any employee named in the return is expected to communicate with a public office holder in respect of any matter described in subparagraphs (1)(a)(i) to (v) during the six-month period after the date of filing under paragraph (2)(a), or during the six-month period after the expiry of a six-month period referred to in paragraph (2)(b), particulars to identify the subject-matter of the communication and any other information respecting that subject-matter that is prescribed;

(h.3) if any employee named in the return is a former public office holder, a description of the offices held;

(i) particulars to identify any relevant legislative proposal, Bill, resolution, regulation, policy, program, grant, contribution or financial benefit;

(j) the name of any department or other governmental institution in which a public office holder is employed or serves, if any employee named in the return,

(i) communicates with the public office holder in respect of any matter described in subparagraphs (1)(a)(i) to (v) during the period referred to in paragraph (g), (h) or (h.1), or

(ii) is expected to communicate with the public office holder in respect of any matter described in subparagraphs (1)(a)(i) to (v) during either of the periods referred to in paragraph (h.2);

(k) particulars to identify any communication technique, including grass-roots communication within the meaning of paragraph 5(2)(j), that any employee named in the return

(i) uses in connection with any communication in respect of any matter described in subparagraphs (1)(a)(i) to (v) during the period referred to in paragraph (g), (h) or (h.1), or

(ii) is expected to use in connection with any communication in respect of any matter described in subparagraphs (1)(a)(i) to (v) during either of the periods referred to in paragraph (h.2); and

(l) any other information that is prescribed that relates to the identity of the officer responsible for filing returns, the employer, any subsidiary referred to in paragraph (b.1), any corporation referred to in paragraph (b.2) of which the employer is a subsidiary, any employee referred to in paragraph (f) or (f.1) or any department or institution referred to in paragraph (j).

Marginal note:Changes to information

(4) If an employee who has been named in a return no longer performs any of the duties described in paragraph (1)(a) or is no longer employed by the employer, the officer responsible for filing returns shall, in the prescribed form and manner, not later than thirty days after the change occurs, advise the registrar of the change.

Marginal note:1995, c. 12, s. 3

(2) Subsection 7(5) of the English version of the Act is replaced by the following:

Marginal note:Information requested by registrar

(5) If the registrar requests information to clarify any information that has been provided to the registrar under this section, the officer responsible for filing returns shall, in the prescribed form and manner, not later than thirty days after the request is made, provide the registrar with the information.

Marginal note:1995, c. 12, s. 3

(3) The definition premier dirigeant in subsection 7(6) of the French version of the Act is repealed.

Marginal note:1995, c. 12, s. 3

(4) The definition “senior officer” in subsection 7(6) of the English version of the Act is replaced by the following:

“senior officer”

« cadre dirigeant »

“senior officer”, in respect of a corporation, means

(a) a chief executive officer, chief operating officer or president of the corporation, or

(b) any other officer who reports directly to the chief executive officer, chief operating officer or president of the corporation.

(5) Subsection 7(6) of the Act is amended by adding the following in alphabetical order:

“officer responsible for filing returns”

« déclarant »

“officer responsible for filing returns” means the employee who holds the most senior office in a corporation or organization and is compensated for the performance of their duties;

(6) Subsection 7(6) of the French version of the Act is amended by adding the following in alphabetical order:

« cadre dirigeant »

“senior officer”

« cadre dirigeant » S’entend :

a) du premier dirigeant, du directeur de l’exploitation ou du président de la personne morale;

b) de tout autre dirigeant qui relève directement du premier dirigeant, du directeur de l’exploitation ou du président de la personne morale.

Marginal note:1995, c. 12, s. 5

8. Subsection 10.2(1) of the Act is replaced by the following:

Marginal note:Lobbyists’ Code of Conduct

10.2 (1) The Ethics Counsellor shall develop a Lobbyists’ Code of Conduct respecting the activities described in subsections 5(1) and 7(1).

Marginal note:1995, c. 12, s. 5

9. Subsection 10.3(1) of the Act is replaced by the following:

Marginal note:Compliance with Code

10.3 (1) The following individuals shall comply with the Code:

(a) an individual who is required to file a return under subsection 5(1); and

(b) an employee who, in accordance with paragraph 7(3)(f) or (f.1), is named in a return filed under subsection 7(1).

Marginal note:1995, c. 12, s. 5

10. (1) Subparagraph 10.4(2)(a)(ii) of the Act is replaced by the following:

(ii) compel persons to produce any documents or other things that the Ethics Counsellor considers necessary for the investigation, including any record of a payment received, disbursement made or expense incurred by an individual who is required to file a return under subsection 5(1) or by an employee who, in accordance with paragraph 7(3)(f) or (f.1), is named in a return filed under subsection 7(1), in respect of any matter referred to in any of subparagraphs 5(1)(a)(i) to (vi) or 7(1)(a)(i) to (v), as the case may be; and

(2) Subsection 10.4(6) of the Act is amended by striking out the word “or” at the end of paragraph (a), by adding the word “or” at the end of paragraph (b) and by adding the following after paragraph (b):

(c) the Ethics Counsellor believes on reasonable grounds that the disclosure is necessary for the purpose of advising a peace officer having jurisdiction to investigate an alleged offence under this or any other Act of Parliament or of the legislature of a province.

(3) Section 10.4 of the Act is amended by adding the following after subsection (6):

Marginal note:Advice to peace officers

(7) If, during the course of performing duties and functions under this section, the Ethics Counsellor believes on reasonable grounds that a person has committed an offence under this or any other Act of Parliament or of the legislature of a province, the Ethics Counsellor shall advise a peace officer having jurisdiction to investigate the alleged offence.

Marginal note:Suspension of investigation

(8) The Ethics Counsellor must immediately suspend an investigation under this section of an alleged breach of the Code by any person if

(a) the Ethics Counsellor believes on reasonable grounds that the person has committed an offence under this or any other Act of Parliament or of the legislature of a province in respect of the same subject-matter; or

(b) it is discovered that the subject-matter of the investigation under this section is also the subject-matter of an investigation to determine whether an offence referred to in paragraph (a) has been committed or that a charge has been laid with respect to that subject-matter.

Marginal note:Investigation continued

(9) The Ethics Counsellor may not continue an investigation under this section until any investigation or charge regarding the same subject-matter has been finally disposed of.

Marginal note:1995, c. 12, s. 5

11. Subsection 10.5(2) of the Act is replaced by the following:

Marginal note:Contents of report

(2) The report may contain details of any payment received, disbursement made or expense incurred by an individual who is required to file a return under subsection 5(1) or by an employee who, in accordance with paragraph 7(3)(f) or (f.1), is named in a return filed under subsection 7(1), in respect of any matter referred to in any of subparagraphs 5(1)(a)(i) to (vi) or 7(1)(a)(i) to (v), as the case may be, if the Ethics Counsellor considers publication of the details to be in the public interest.

Marginal note:1995, c. 12, s. 7

12. Paragraph 12(a) of the Act is replaced by the following:

(a) requiring a fee to be paid on the filing of a return or a return of a class of returns under section 5 or 7, or for any service performed or the use of any facility provided by the registrar, and prescribing the fee or the manner of determining it;

13. The Act is amended by adding the following after section 14:

REVIEW BY PARLIAMENT

Marginal note:Review of Act by parliamentary committee

14.1 (1) A comprehensive review of the provisions and operation of this Act must be undertaken, every five years after this section comes into force, by the committee of the Senate, of the House of Commons, or of both Houses of Parliament, that may be designated or established for that purpose.

Marginal note:Review and report

(2) The committee referred to in subsection (1) must, within a year after the review is undertaken or within any further period that the Senate, the House of Commons, or both Houses of Parliament, as the case may be, may authorize, submit a report on the review to Parliament that includes a statement of any changes to this Act or its operation that the committee recommends.

TRANSITIONAL PROVISIONS

Interpretation

Marginal note:Definitions

14. The following definitions apply in sections 15 to 17.

“new Act”

« nouvelle loi »

“new Act” means the Lobbyists Registration Act as it reads on the day on which this Act comes into force.

“old Act”

« ancienne loi »

“old Act” means the Lobbyists Registration Act as it read immediately before the day on which this Act comes into force.

Filings by Consultant Lobbyists

Marginal note:Requirement to file return

15. (1) Subject to subsection (2), if, on the day on which this Act comes into force, an individual is engaged in an undertaking described in subsection 5(1) of the new Act, the individual shall, not later than two months after the day on which this Act comes into force, file a return with respect to the undertaking with the registrar in accordance with subsection 5(1) of the new Act.

Marginal note:Exception

(2) An individual is deemed to have filed a return with respect to an undertaking in accordance with subsection (1) if

(a) the individual filed a return with respect to the undertaking in accordance with subsection 5(1) of the old Act within the five months before the day on which this Act comes into force;

(b) there is no change to the information provided in the return referred to in paragraph (a); and

(c) the individual has no knowledge of any information required to be provided under subsection 5(2) of the new Act that was not provided in the return referred to in paragraph (a).

Marginal note:Deemed date of filing

(3) For the purpose of paragraph 5(1.1)(b) of the new Act, the day on which a return referred to in subsection (1) or paragraph (2)(a) is filed is deemed to be the date of filing a return under paragraph 5(1.1)(a) of the new Act.

Filings by In-house Lobbyists (Corporations)

Marginal note:Requirement to file return

16. If, on the day on which this Act comes into force, a corporation employs one or more employees whose duties are as described in paragraphs 7(1)(a) and (b) of the new Act, the officer responsible for filing returns, as defined in subsection 7(6) of the new Act, shall, not later than two months after the day on which this Act comes into force, file a return with the registrar in accordance with subsection 7(1) of the new Act.

Filings by In-house Lobbyists (Organizations)

Marginal note:Requirement to file return

17. (1) Subject to subsection (2), if, on the day on which this Act comes into force, an organization employs one or more employees whose duties are as described in paragraphs 7(1)(a) and (b) of the new Act, the officer responsible for filing returns, as defined in subsection 7(6) of the new Act, shall, not later than two months after the day on which this Act comes into force, file a return with the registrar in accordance with subsection 7(1) of the new Act.

Marginal note:Exception

(2) An officer responsible for filing returns for an organization is deemed to have filed a return in accordance with subsection (1) if

(a) the senior officer of the organization, as defined in subsection 7(6) of the old Act, filed a return in accordance with subsection 7(1) of the old Act within the five months before the day on which this Act comes into force;

(b) there is no change to the information provided in the return referred to in paragraph (a); and

(c) the officer responsible for filing returns has no knowledge of any information required to be provided under subsection 7(3) of the new Act that was not provided in the return referred to in paragraph (a).

Marginal note:Deemed date of filing

(3) For the purpose of paragraph 7(2)(b) of the new Act, the day on which a return referred to in subsection (1) or paragraph (2)(a) is filed is deemed to be the date of filing a return under paragraph 7(2)(a) of the new Act.

COMING INTO FORCE

Marginal note:Coming into force

18. This Act comes into force on a day to be fixed by order of the Governor in Council.
Read Entire Law on laws-lois.justice.gc.ca