Important Notice to all Users of the Registration System

On June 1, 2005, the Regulations Amending the Lobbyists Registration Act (the Regulations) were subject to final publication in Part II of the Canada Gazette. Both the Regulations and An Act to Amend the Lobbyists Registration Act, will come into force simultaneously on June 20, 2005. Should you wish to view those two documents, please consult the website of the Office of the Registrar of Lobbyists at http://strategis.ic.gc.ca/lobby. As well, please note that new and revised Interpretation Bulletins and other documents have been issued to reflect those changes and are available on this website as well.

The following is a list of the major changes to the amended Lobbyists Registration Act (the Act):

• The definition of lobbying will be modified. Currently, lobbying takes place when a person or organization communicates 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" by a paid individual on behalf of any person or organization.

• There will be 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 of Lobbyists will issue an interpretation bulletin at a later date to clarify this new provision.

• There is no longer an exemption from registration if a public office holder initiates a contact with a lobbyist. Previously, it was not necessary for an individual to register as a lobbyist if a public office holder initiated contact with the person in writing. Therefore, regardless of who initiates the communication, registration for lobbying activities may be required subject to other relevant provisions of the Act.

• The Act will also require that former public office holders list their past employment with the federal government. The Act is not specific about how far back in time former public office holders will have to go in disclosing past employment, which implies that all past offices held will need to be disclosed. The Registrar of Lobbyists is issuing an interpretation bulletin on this matter, in order to set a manner in which this information will need to be disclosed.

• The legislative amendments will significantly affect the registration of corporations. Indeed, their registration requirements will become similar to those already in force for in-house lobbyists working for not-for-profit organizations. As a result, the responsibility for registration will now rest with the most senior officer of the corporation. This officer will have to ensure that the corporation itself is registered if the time spent by its employees on lobbying activities collectively adds up to 20 percent or more of the time of one equivalent employee.

• The most senior officer, when registering, will also have to list all of the corporation = s senior officers who communicate with public office holders at any time, as well as all other employees who spend 20 percent or more of their time lobbying. The information will also have to be updated every six months.

• Under the Act, consultant lobbyists, that is lobbyists who are paid on a contract basis to lobby on behalf of different clients, will also have to update their registrations every six months.

• Stronger enforcement provisions have been introduced that will require police forces to be notified if the Registrar of the Office of the Registrar of Lobbyists has reasonable grounds to believe that a criminal offence has been committed while he or she is conducting an investigation.

SUMMARY SHEET

MAJOR CHANGES TO THE LOBBYISTS REGISTRATION ACT

• A clearer definition of "lobbying" than was formerly the case.
• Clarification that a person making simple enquiries or requests for information does not have to register as a lobbyist.
• There is no longer an exemption from registration if a public office holder initiates contact with a lobbyist.
• All categories of lobbyists are required to update or renew their filings every six months.
• Former public office holders engaged in lobbying are obligated to provide information on previous positions held with the federal government.
• The filing approach is now the same for both categories of in-house lobbyists (those who work for corporations and those who work for non-profit organizations). The most senior officer is accountable for registering all employees who lobby.
• While conducting an investigation, the Registrar will be required to notify police forces if there are reasonable grounds to believe that a criminal offence has been committed under the Act.

For additional information on amendments introduced by the passage of Bill C-15 into law, please consult our website.

With the coming into force of the Act on June 20, 2005, the Lobbyists Registration System (LRS) will be upgraded to reflect the changes stated above. As all lobbyists are now required to renew their registrations every six months, please note that should your effective date of registration be before January 20, 2005, you will need to file a return/returns not later than 60 days after June 20, 2005.

To allow for the transition from the old registration system to the new system, the old system will not be available as of June 9, 2005, 5:00 p.m. EST to June 19, 2005, to allow for the transfer of information. No registration enquiries will be possible during this time period. In the interval, should you wish to register or should your registration require renewal, please visit our website at http://strategis.ic.gc.ca/lobby and file a "Notification of Intent" . The date of intent will be taken into account when determining the official dates of record for registering. Additional information on this matter can be obtained from our website. We wish to thank you in advance, for your patience during the transition period.

Also note that due to the changes in the Act and Regulations, in-house corporate lobbyists are now required to only submit one corporate registration. Therefore, all registrations will be terminated during the transition period. The most senior officer is accountable for registering all employees who lobby, as defined in the Act.

Should you have any questions or concerns, please contact our office at (613) 957-2760.

Registrar
Lobbyists Registration Act