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Q1.
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When did Bill C-15, An Act to Amend the
Lobbyists Registration Act, come into force?
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A. The amended Lobbyists
Registration Act and Regulations came into force
simultaneously on June 20, 2005.
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Q2.
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Will the Act or the Regulations be
reviewed at any point?
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A. The amended Act calls for a parliamentary
review of the amended legislation five years after coming into
force. All stakeholders will have the opportunity for further
input at that time.
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Q3.
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Has the definition of lobbying changed?
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A. Yes. Previously, lobbying took place when a paid
individual communicated, on behalf of any person or
organization, with a public office holder "in an attempt to
influence" the latter. The Act now states that
lobbying will consist of "any oral or written communication
made to a public office holder." In addition, the
Act removes the exception for written communications
initiated by a public office holder. This definition will
enhance the enforcement of the Act, as it will now rest
on an objective criterion rather than on a person's
intentions.
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Q4.
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What are the different types of lobbyists and what are
the registration requirements?
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A. Consultant lobbyists: consultants who are paid
to lobby on behalf of clients must register within 10 days
of entering into an undertaking and must advise the Registrar of
Lobbyists within 30 days of the completion or termination
of an undertaking. They may be consultants in public relations
or in marketing, lawyers, notaries, engineers or accountants
whose functions include lobbying. The consultant lobbyist must
file a return every six months after commencing an
undertaking, or file every six months following an
amendment or change to information regarding an undertaking.
In-house lobbyists (corporations and organizations):
These are salaried employees of either corporations or
non-profit organizations who lobby on behalf of their employer.
It is the officer responsible for filing the disclosures (the
most senior officer of the corporation or organization) who must
file on behalf of the corporation or organization. The
disclosure must be filed within two months of undertaking
to do lobbying activities if the sum of the duties related to
lobbying of all paid employees is equal to a significant part of
the duties of one equivalent employee, consisting of at least
20 percent of that person's duties over a six-month
period or during any one of those months. Thereafter, the
officer responsible for filing returns must file a return every
six months.
The Registrar has issued an Interpretation Bulletin regarding
the definition and estimation of "significant duties." For additional
information about the registration requirements of the
Act, you may refer to the Guide
to Registration which can be found on the Web site of the
Office of the Registrar of Lobbyists.
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Q5.
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How do the changes affect
these lobbyists?
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A. The amendments to the Lobbyists Registration
Act continue to distinguish among the three types of
lobbyists. The regulatory changes now require all
three types of lobbyists to file returns on a semi-annual
basis. This will ensure that the public registry is more
accurate and current.
As well, the amended Act states that the registration
requirements currently applicable to organizations will now
apply to corporations. In other words, when one or more
employees of a corporation lobby and the sum total of the duties
related to lobbying by all such employees constitutes a
significant part of the duties of one equivalent employee, the
most senior officer of the corporation will need to register on
behalf of the corporation. As such, the onus for filing separate
returns will no longer rest on individual employees. Instead, it
will be the responsibility of the most senior officer to report
for the whole corporation.
In the return, the most senior officer responsible for filing
(most commonly the chief executive officer) will need to provide
the names of all the senior officers within the corporation and
their direct reports who lobby at all, as well as the names of
those employees who lobby as a significant part of their
duties.
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Q6.
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Does the definition of lobbying include simple requests
for information?
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A. No. There is an exclusion for 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." The
Registrar has issued an Interpretation Bulletin on the matter of
"communicating with public office
holders". This will focus the application of the
Act on the most significant communications with public
office holders.
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Q7.
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What is meant by "grassroots"
lobbying?
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A. Grassroots lobbying is a communications technique that
encourages individual members of the public or organizations to
communicate directly with public office holders. Such efforts
primarily rely on use of the media or advertising, and result in
mass letter writing and facsimile campaigns, telephone calls to
public office holders, and public demonstrations.
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Q8.
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Is there a grace period while new compliance
requirements are explained or disseminated?
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A. There is a two-month transition period during which we
will contact past and currently registered lobbyists to provide
them information. As well, information documents and Interpretation Bulletins have been
published on the Office of the Registrar of Lobbyists Web site.
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Q9.
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What penalties exist for not complying with the
Act?
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A. If lobbyists do not comply with the registration
provisions of the Act, they may face a fine of up to
$25 000 and/or up to 6 months in jail, upon summary
conviction in a court of law. Penalties can reach $100 000
and/or 2 years in jail upon conviction by way of
indictment. However, there is a two-year time limit after which
no charges can be laid pursuant to the Act.
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Q10.
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What penalties exist for not complying with the
Lobbyists' Code of Conduct?
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A. Breaches of the Code of
Conduct do not carry fines or jail sentences, but the
results of any investigation by the Registrar must be tabled
before both houses of Parliament. There is no limitation period
preventing the Registrar of Lobbyists from investigating
breaches of the Code of Conduct.
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Q11.
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Is the Registrar responsible for the Conflict of
Interest and Post-Employment Code for Public Office
Holders?
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A. No. The federal Ethics
Commissioner is now responsible for the Conflict of Interest
Code, which was formerly the responsibility of the Ethics
Counsellor. The relevant legislation, Bill C-4, An Act
to Amend the Parliament of Canada Act (Ethics Commissioner and
Senate Ethics Officer), came into force on May 17,
2004. Since that time, the Registrar of Lobbyists is responsible
for the application of the Lobbyists Registration Act
and of the Lobbyists' Code of Conduct, which was
formerly the responsibility of the former Ethics Counsellor.
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Q12.
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How independent is the Registrar of Lobbyists?
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A. The Registrar fulfills his role in a fully independent
manner, without seeking opinions or advice from any minister of
the Crown concerning complaints he may receive, or
investigations he may elect to conduct. He submits reports of his activities to
Parliament.
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Q13.
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Should I register?
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A. Generally speaking, individuals who are paid to
communicate with federal public office holders (i.e. to lobby)
are subject to the disclosure requirements established by the
Lobbyists Registration Act if they meet certain other
conditions, such as the significant
part of duties. The Act (subsections 4.[1]
and 4.[2]) also list exclusions for certain types of activities.
Additional information on the three different categories of
lobbyists and the specific requirements that trigger a
registration in each case may be found in the Guide to Registration.
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Q14.
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How do I create an account?
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A. Registration forms may be filed using the on-line
Lobbyists Registration System at strategis.ic.gc.ca/lobby.
This computer application has been developed to reduce the
burden and cost of paper handling for everyone. You need only a
computer, modem and any communications software to access the
system. There is no fee for filing electronically. You simply
choose the appropriate section in the Lobbyists Registration
System. If you require assistance, contact the Office of the Registrar of Lobbyists at (613) 957-2760.
For lobbyists who submit their registration using paper forms,
whether the registration is submitted by mail, facsimile or in
person, there is a processing fee of $150 per annum.
Consult the separately published Lobbyists Registration and Services Fees
schedule for details. Payment must accompany the registration
form.
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Q15.
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I am not a Canadian citizen, do I therefore need to
register?
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A. Whether or not you are a Canadian citizen, if your
activities involve lobbying federal public office holders as
defined under the Act, you must register with the
Office of the Registrar of Lobbyists.
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Q16.
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My client or my employer is the subsidiary of a foreign
company. Do I have to register?
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A. All lobbying activities directed at federal public
office holders are subject to the Lobbyists Registration
Act. A foreign corporation or the Canadian subsidiary of a
foreign corporation whose employees lobby public office holders
in Canada or while they are posted abroad, will also be subject
to the Act. The requirement to register will arise if
the activities in question are those set out in the
Act. If the Canadian subsidiary of a foreign
corporation has to register, it is the responsibility of the
most senior paid officer, regardless of whether that person is a
Canadian citizen or resides in Canada, to ensure that a return
is submitted to the Registrar of Lobbyists.
In the case of consultant lobbyists, if their client is a
foreign corporation, a foreign organization or a foreign
national or sub-national government, they must register and
disclose the identity of their client.
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Q17.
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Do I have to file a registration form if I am
participating in a government-initiated consultation?
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A. Any paid communication with a public office holder on
behalf of a client or employer, including consultations in
respect of the development of any legislative proposal, the
introduction of a bill or resolution, the making or amendment of
a regulation, policy or program, or the awarding of a grant,
contribution, tax credit, other financial benefit or of a
contract (in the case of a consultant lobbyist), is considered a
lobbying activity for which a registration may be required. In
cases where the communications take place in an open forum, and
the names and statements of participants are a matter of public
record, registration of the activity would not be required.
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Q18.
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My organization is a coalition of special interest
groups. Do I have to name each of the coalition
members?
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A. Yes. Coalitions are usually temporary alliances formed
for lobbying on particular issues, and the interests or
beneficiaries of such groups may not be known. Therefore, you
should list the groups that make up the coalition's
membership under the section in the registration form, where you
are required to describe the organization's membership.
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Q19.
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What information do I have to include when I report
government funding?
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A. You must report the source and amount of funding from
any Canadian or foreign government, including any municipal,
provincial, regional or state government. Funding means money
made available for a particular purpose for which goods or
services are not received in return, or for which repayment is
not intended. Funding would include federal grants and
non-repayable contributions, but repayable contributions, loans,
loan guarantees, tax credits, remission orders and procurement
contracts would not need to be reported. The requirement to
report funding is not to be confused with the obligation to
register for lobbying to obtain the award of an "other
financial benefit."
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Q20.
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What are the rules respecting contingency fees?
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A. Under the Lobbyists Registration Act,
lobbyists must indicate whether they charge contingency fees
(fees based on the degree of success of a lobbying undertaking).
It should be noted that rules relating to contingency fees are
available from departmental contracting authorities or from the
Treasury Board Secretariat. Another possible source of
information is the
Guide on Grants, Contributions and Other Transfer Payments,
published by the Treasury Board Secretariat.
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Q21.
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How long do I have to conform with the new
legislation?
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A. Consultant lobbyists and in-house (corporate and
organization) lobbyists have a two-month transition period after
the coming into force of the amended Act (which took
place on June 20, 2005) to comply with the new legislative
requirements.
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Q22.
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How will I be informed of the new requirements under the
Act?
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A. There are a number of key documents that were released
and made available on the Office of the Registrar of Lobbyists
Web site, following the coming into force of the amended
Act. These documents include the new Regulations, the
Regulatory Impact Assessment Statement, relevant Interpretation
Bulletins and an informal version of the Lobbyists
Registration Act. The informal version of the Act
is designed to help registrants by highlighting changes to the
Act brought by Bill C-4, An Act to amend the
Parliament of Canada Act (Ethics Commissioner and Senate Ethics
Officer) and other Acts in consequence and Bill C-15,
An Act to amend the Lobbyists Registration Act, and for
ease of reference.
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Q23.
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Have there been any penalties handed out for
non-compliance with the Act?
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A. There have not been any penalties for non-compliance
with the Act thus far. The Act's new
enforcement provisions have been strengthened, with the
definition of lobbying no longer including the condition that
communications with public office holders be conducted "in
an attempt to influence" legislations, regulations,
etc.
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Q24.
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How does the Registrar of Lobbyists decide whether or
not there should be investigations?
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A. The Office of the Registrar of Lobbyists may receive
complaints or learn from various sources about circumstances
indicating that a breach of the Act may have occurred.
If summary verifications confirm that there could have been a
possible contravention of the Act's registration
provisions or of the Code of Conduct, the Office could undertake
an administrative review in order to establish the facts of the
case. Based on the results of this review, the Registrar of
Lobbyists will then determine if there are reasonable grounds
for a formal investigation.
The amended Act stipulates that the Registrar has the
authority to refer possible contraventions of the registration
requirements of the Act to the RCMP for investigation.
Convictions for such contraventions may carry fines of up to
$100 000 or jail terms of up to two years upon
conviction. However, there is a two-year limitation period for
contraventions to the registration requirements, after which
time no charges can be laid.
As well, the Registrar may conduct an investigation when he
believes, on reasonable grounds, that a person has breached the
Code of Conduct. Breaches of the Code do not carry fines or jail
sentences, but the results of the investigations must be tabled
in a report laid before both Houses of Parliament. There is no
limitation period for breaches of the Code of Conduct.
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Q25.
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How can I get information on the Registrar's current
investigations and reviews?
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A. The Act requires that investigations relating
to possible breaches of the Code of Conduct be conducted
"in private." Consequently, the Registrar will not
confirm or deny the existence of any review or investigation.
When an investigation under the Code is completed, its results
are required to be tabled before both houses of Parliament, at
which time they become public.
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Q26.
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Have there been any investigations conducted by the
Registrar tabled in Parliament?
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A. No investigations have been conducted under the Code of
Conduct since it came into force in 1997. As a result, there
have not been any investigation reports tabled before
Parliament.
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Q27.
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How will we know if a former public office holder has
begun working as a lobbyist?
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A. You may conduct a search of the registry to view the
disclosures of a lobbyist. Former public office holders are now
required to provide, when they register, a description of the
offices they held within the federal government.
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Q28.
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Are there restrictions on the lobbying work that can be
performed by a public office holder after they leave
office?
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A. Post-employment issues do not fall under the
Lobbyists Registration Act.
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Office of the Registrar of Lobbyists
