|
![](/web/20060226024919im_/http://strategis.ic.gc.ca/epic/home.nsf/images/spacer.gif/$FILE/spacer.gif) |
![Office of the Registrar of Lobbyists Lobbyist Registration Branch](/web/20060226024919im_/http://strategis.ic.gc.ca/epic/internet/inlobbyist-lobbyiste.nsf/vwimages/nx_banner.gif/$FILE/nx_banner.gif)
Informal Version of the Lobbyists Registration Act
Warning
|
The following is an unofficial version of the Act as of
June 20, 2005, with additional amendments added as a
consequence of Bill C-4, assented to March 31,
2004.
It is a consolidation of:
-
the Lobbyists Registration Act, R.S. 1985, c. 44
(4th Supp.), which came into force on
September 30, 1989;
-
An Act to amend the Parliament of Canada Act (Ethics
Commissioner and Senate Ethics Officer) and other Acts in consequence,
Bill C-4, which came into force on May 17, 2004; and
-
An Act to amend the Lobbyists Registration Act and to
make related amendments to other Acts, S.C 1995, c. 12;
July 25, 1995, January 31, 1996 and Bill C-15 which came into
force June 20, 2005.
Users of this consolidation (August 2005) should note that
it has been prepared by the Lobbyist Registration Branch of
Industry Canada for their convenience only and has no official
sanction. Note: significant changes are highlighted in light
grey areas.
|
An Act Respecting the Registration of Lobbyist
Preamble
WHEREAS free and open access to government is an important
matter of public interest;
AND WHEREAS lobbying public office holders is a legitimate
activity;
AND WHEREAS it is desirable that public office holders and the
public be able to know who is engaged in
lobbying activities;
AND WHEREAS a system for the registration of paid lobbyists
should not impede free and open access to government;
NOW THEREFORE, Her Majesty, by and with the advice and consent
of the Senate and House of Commons of Canada, enacts as
follows:
Short title
-
1. This Act may be cited as the Lobbyists
Registration Act
Interpretation
-
2. (1) In this Act "organization"
(organisation) includes
(a) a business, trade, industry professional or voluntary
organization,
(b) a trade union or labour organization,
(c) a chamber of commerce or board of trade,
(d) a partnership, trust, association, charitable society,
coalition or interest group,
(e) a government, other than the Government of Canada,
and
(f) a corporation without share capital incorporated to
pursue, without financial gain to its members, objects of a
national provincial, patriotic, religious, philanthropic,
charitable, scientific, artistic, social, professional or sporting
character or other similar object;
"payment" means money or anything of value and includes a
contract, promise or agreement to pay money or anything of
value;
"prescribed" (version anglaise seulement) means
prescribed by regulation;
"public office holder" (titulaire d'une charge
publique) means any officer or employee of Her Majesty in
right of Canada and includes
-
(a) a member of the Senate or the House of Commons
and any person on the staff of such a member,
(b) a person who is appointed to any office or body
by or with the approval of the Governor in Council or a
Minister of the Crown, other than a judge receiving a salary
under the Judges Act or the lieutenant governor of a
province,
(c) an officer, director or employee of any federal
board, commission or other tribunal as defined in the
Federal Courts Act,
(d) a member of the Canadian Armed Forces, and
(e) a member of the Royal Canadian Mounted
Police;
"registrar" (directeur) means the registrar
designated pursuant to section 8.
Subsidiary corporation
-
(2) For the purposes of this Act, a corporation is a subsidiary of
another corporation if,
-
(a) securities of the first-mentioned corporation to
which are attached more than fifty percent of the votes that
may be cast to elect directors of the first-mentioned
corporation are held, otherwise than by way of security only,
directly or indirectly, whether through one or more
subsidiaries or otherwise, by or for the benefit of the other
corporation; and
-
(b) the votes attached to those securities are
sufficient, if exercised, to elect a majority of the
directors of
the first-mentioned corporation.
Application
Binding on her Majesty
-
3. This Act is binding on Her Majesty in right of
Canada or a province.
Restriction on application
-
4. (1) This Act does not apply to any of the
following persons when acting in their official capacity,
namely,
-
(a) members of the legislature of a province or
persons on the staff of such members;
-
(b) employees of the government of a province;
-
(c) members of a council or other statutory body
charged with the administration of the civil or municipal
affairs of a city, town, municipality or district, persons on
the staff of such members or officers or employees of a city,
town, municipality or district;
-
(d) members of the council of a band as defined in
subsection 2(1) of the Indian Act or of the council
of an Indian band established by an Act of Parliament,
persons on their staff or employees of such a council;
-
(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;
-
(e) diplomatic agents, consular officers or official
representatives in Canada of a foreign government; or
-
(f) officials of a specialized agency of the United
Nations in Canada or officials of any other international
organization to whom there are granted, by or under any Act
of Parliament, privileges and immunities.
Idem
-
(2) This Act does not apply in respect of
-
(a) any oral or written submission made to a
committee of the Senate or House of Commons or of both Houses
of Parliament or to any body or person having jurisdiction or
powers conferred by or under an Act of Parliament, in
proceedings that are a matter of public record;
-
(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.
-
(3) Nothing in this Act shall be construed as
requiring the disclosure of the name or identity of any individual where that
disclosure could reasonably be expected to threaten the safety of that
individual.
Registration of Lobbyists
Consultant Lobbyists
Lobbyists shall file a 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.
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).
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.
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.
Contents of Return
-
(2) The return shall set out the following information with respect
to the undertaking:
-
(a) the name and business address of the
individual and, if applicable, the name and business address
of the firm where the individual is engaged in business;
-
(b) the name and business address of the client
and the name and business address of any person or
organization that, to the knowledge of the individual,
controls or directs the activities of the client and has a
direct interest in the outcome of the individual's
activities on behalf of the client;
-
(c) where the client is a corporation, the name and
business address of each subsidiary of the corporation that,
to the knowledge of the individual, has a direct interest in
the outcome of the individual's activities on behalf of
the client;
-
(d) where the client is a corporation that is a
subsidiary of any other corporation, the name and business
address of that other corporation;
-
(e) where the client is a coalition, the name and
business address of each corporation or organization that is
a member of the coalition;
-
(e.1) if 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;
-
(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;
-
(g) where applicable, whether the payment to the
individual is in whole or in part contingent on the
individual's degree of success in influencing any matter
described in subparagraphs (1)(a)(i) to (vi);
-
(h) particulars to identify any relevant legislative
proposal, Bill, resolution, regulation, policy, program,
grant, contribution, financial benefit or contract;
-
(h.1) if the
individual is a former public office 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
-
(k) such other information relating to the identity
of the individual, the client, any person or organization
referred to in paragraph (b), any subsidiary
referred to in paragraph (c), the other corporation
referred to in paragraph (d), any member of a
coalition referred to in paragraph (e) or any
department or institution referred to in paragraph
(i) as is prescribed.
Changes to information and new information
-
(3) An individual who files a return shall provide the registrar,
in the prescribed form and manner, with any change to the
information provided by the individual in the return, and any
information required to be provided under subsection (2) the
knowledge of which the individual acquired only after the return
was filed, not later than thirty days after the change occurs or
the knowledge is acquired.
Subsection 5(4) of the Act is repealed.
Information requested by Registrar
-
(5) An individual who files a return shall provide the registrar,
in the prescribed form and manner, with such information as the
registrar may request to clarify any information that the
individual has provided to the registrar pursuant to this section,
and shall do so not later than thirty days after the request is
made.
Restriction on application
-
(6) This section does not apply in respect of anything that an
employee undertakes to do on the sole behalf of their employer or,
where their employer is a corporation, in respect of anything that
the employee, at the direction of the employer, undertakes to do on
behalf of any subsidiary of the employer or any corporation of
which the employer is a subsidiary.
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.
Section 6 of the Act and the heading before it are
repealed.
The Heading before section 7 of the Act is replaced by the
following:
-
-
In-house Lobbyists
(Corporations and Organizations)
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.
Time limit 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).
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).
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)
-
(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 period 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).
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.
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.
Definitions
-
(6) In this section,
"employee" includes an officer who is compensated for the
performance of their duties.
"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.
"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.
Certification
-
7.1 Every individual who submits a return or other
document to the registrar pursuant to this Act shall certify on the
return or other document or, where it is submitted in electronic
or other form in accordance with subsection 7.2(1), in such a
manner as is
specified by the registrar, that the information contained in it is
true
to the best of their knowledge and belief.
Documents in Electronic or Other Form
Submission of documents
-
7.2 (1) Subject to the regulations, any return or
other document that is required to be submitted to the registrar
under this Act may be submitted in electronic or other form by such
means and in such manner as is specified by the registrar.
Time of receipt
-
(2) For the purposes of this Act, any return or other document that
is submitted in accordance with subsection (1) is deemed to be
received by the registrar at the time provided for in the
regulations.
Storage
-
7.3 (1) Subject to the regulations, any return or
other document that is received by the registrar may be entered or
recorded by any information storage device, including any system of
mechanical or electronic data processing, that is capable of
reproducing the stored return or other document in intelligible
form within a reasonable time.
Evidence
-
(2) In any prosecution for an offence under this Act, a copy of a
return or other document that is reproduced as permitted by
subsection (1) and certified under the registrar's signature as
a true copy is admissible in evidence without proof of the
signature or official character of the person appearing to have
signed the copy and, in the absence of evidence to the contrary,
has the same probative force as the original would have if it were
proved in the ordinary way.
Registry
Registrar
-
8. The Registrar General of Canada may designate
any person employed in the office of the Registrar General of
Canada as the registrar for the purposes of this Act.
Registry
-
9. (1) The registrar shall establish and maintain
a registry in which shall be kept a record of all returns and other
documents submitted to the registrar under this Act.
Form of registry
-
(2) The registry shall be organized in such manner and kept in
such form as the registrar may determine.
Audit
-
(3) The registrar may verify the information contained in any
return or other document submitted to the registrar under this
Act.
Access to registry
-
(4) The registry shall be open to public inspection at such place
and at such reasonable hours as the registrar may determine.
Interpretation bulletins
-
10. (1) The registrar may issue advisory opinions
and interpretations bulletins with respect to the enforcement,
interpretation or application of this Act other than under sections
10.2 to 10.6.
Interpretation bulletins not statutory instruments
-
(2) The advisory opinions and interpretation bulletins are not
statutory instruments for the purposes of the Statutory
Instruments Act and are not binding.
Lobbyists' Code of Conduct
Section 10.1 of the Act
is repealed.
-
10.2 (1) The registrar shall develop a
Lobbyists' Code of Conduct respecting the activities described
in subsections 5(1) and
7(1).
Consultation
-
(2) In developing the Code, the registrar shall consult persons and
organizations that the registrar considers are interested in the
Code.
Compliance with the 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).
Investigation of breaches
-
10.4 (1) Where the
registrar believes on reasonable grounds that a person has
breached the Code, the
registrar shall investigate to determine whether a breach
has occurred.
Powers of investigation
-
(2) For the purpose of conducting the investigation, the registrar may
-
(a) in the same manner and to the same extent as a
superior court of record,
-
(i) summon and enforce the attendance of persons before
the registrar and
compel them to give oral or written evidence on oath,
and
-
(ii) compel persons to produce any documents or other
things that the
registrar 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
-
(b) administer oaths and receive and accept
information, whether or not it would be admissible as
evidence in a court of law.
Investigation in private
-
(3) The investigation shall be conducted in
private.
Evidence in other proceedings
-
(4) Evidence given by a person in the
investigation and evidence of the existence of the investigation
are inadmissible against the person in a court or in any other
proceeding, other than in a prosecution of a person for an offence
under section 131 of the Criminal Code (perjury) in
respect of a statement made to the
registrar.
Opportunity to present views
-
(5) Before finding that a person has breached the
Code, the registrar shall give
the person a reasonable opportunity to present their views to the registrar.
Confidentiality
-
(6) The
registrar, and every person acting on behalf of or under the
direction of the registrar,
may not disclose any information that comes to their knowledge in
the performance of their duties and functions under this section,
unless
-
(a) the disclosure is, in the opinion of the registrar, necessary for
the purpose of conducting an investigation under this section
or establishing the grounds for any findings or conclusions
contained in a report under section 10.5;
-
(b) the information is disclosed in a report under
section 10.5 or in the course of a prosecution for an offence
under section 131 of the Criminal Code (perjury) in
respect of a statement made to the registrar; or
-
(c) the registrar
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.
Advice to peace officers
-
(7) If, during the
course of performing duties and functions under this section, the
registrar 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 registrar shall advise a
peace officer having jurisdiction to investigate the alleged
offence.
Suspension of
investigation
-
(8) The registrar
must immediately suspend an investigation under this section of an
alleged breach of the Code by any person if
-
(a) the registrar
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.
Investigation
continued
-
(9) The registrar
may not continue an investigation under this section until any
investigation or charge regarding the same subject-matter has been
finally disposed of.
Report
-
10.5 (1) After conducting an investigation, the registrar shall prepare a report
of the investigation, including the findings, conclusions and
reasons for the
registrar's conclusions, and submit it to the Registrar
General of Canada who shall cause a copy of it to be laid before
each House of Parliament on any of the first fifteen sitting days
on which that House is sitting after it is received.
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 registrar considers publication of the
details to be in the public interest.
Annual Report
-
10.6 The
registrar shall, within three months after the end of each
fiscal year, prepare a report with regard to the exercise of the
powers, duties and functions conferred on the registrar under this Act during the fiscal
year and submit the report to the Registrar General of Canada who
shall cause a copy of it to be laid before each House of Parliament
on any of the first fifteen sitting days on which that House is
sitting after it is received.
Annual Report
-
11. (1) The registrar shall, within three months
after the end of each fiscal year, prepare a report with regard to
the administration of this Act, other than sections 10.2 to 10.6, during that fiscal year and
submit the report to the Registrar General of Canada.
Tabling
-
(2) The Registrar General of Canada shall cause a copy of the
report prepared pursuant to subsection (1) to be laid before each
House of Parliament on any of the first fifteen days on
which that House is sitting after it is received.
Regulations
-
12. The Governor in Council may make
regulations
-
(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;
-
(b) respecting the submission of returns or other
documents to the registrar under this Act, including those
that may be submitted in an electronic or other form under
section 7.2, the persons or classes of persons by whom they
may be submitted in that form and the time at which they are
deemed to be received by the registrar;
-
(c) respecting the entering or recording of any
return or other document under section 7.3;
-
(d) prescribing any matter or thing that by this Act
is to be or may be prescribed; and
-
(e) generally for carrying out the purposes and
provisions of this Act.
Recovery of Fees
-
13. Any fee required by the regulations to be paid
constitutes a debt due to Her Majesty in right of Canada and may be
recovered in any court of competent jurisdiction.
Offences and Punishment
Contravention of Act or regulations
-
14. (1) Every individual who contravenes any
provision of this Act, other than subsection 10.3(1), or the
regulations is guilty of an offence and liable on summary
conviction to a fine not exceeding twenty-five thousand
dollars.
False or misleading statements
-
(2) Every individual who knowingly makes any false
or misleading statement in any return or other document submitted
to the registrar under this Act, whether in electronic or other
form, is guilty of an offence and liable
-
(a) on summary conviction, to a
fine not exceeding twenty-five thousand dollars or to
imprisonment for a term not exceeding six months, or to both;
and
-
(b) on proceedings by way of
indictment, to a fine not exceeding one hundred thousand
dollars or to imprisonment for a term not exceeding two
years, or to both.
Limitation of proceedings
-
(3) Proceedings by way of summary conviction in
respect of an offence under this section may be instituted at any
time within but not later than two years after the time when the
subject-matter of the proceedings arose.
Transitional Provisions
Interpretation
Definitions
-
14. The following
definitions apply in sections 15 to 17,
"new Act" means the Lobbyists Registration Act
as it reads on the day on which this Act comes into force.
"old Act" means the Lobbyists Registration Act
as it read immediately before the day on which this Act comes into
force.
Review by Parliament
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.
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.
Filings by Consultant Lobbyists
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 section 5(1) of
the new Act.
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).
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)
Requirement to file return
-
16. If, on the day on which this Act come 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)
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.
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).
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
-
*18. This Act comes
into force on a day to be fixed by order of the Governor in
Council.
-
* Note: This section refers to
An Act to amend the Lobbyists Registration Act, Bill C-15
assented 11th June, 2003, and An Act to amend
the Parliament of Canada Act (Ethics Commissioner and Senate Ethics
Officer) and other Acts in consequence, Bill C-4 assented
31st March, 2004.
Related Amendments
Access to Information Act
-
5. Schedule 1 to the Access to Information
Act is amended by striking out the following under
the heading "Other Government Institutions":
Ethics Counsellor
Conseiller en éthique
Privacy Act
-
35. The schedule to the Privacy Act is amended by
striking out
the following under the heading "Other Government
Institutions":
Ethics Counsellor
Conseiller en éthique
|