Lobbying Act (R.S.C., 1985, c. 44 (4th Supp.))

Act current to 2016-08-01 and last amended on 2008-07-02. Previous Versions

Lobbying Act

R.S.C., 1985, c. 44 (4th Supp.)

An Act respecting lobbying

[1988, c. 53, assented to 13th September, 1988]
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:

R.S., 1985, c. 44 (4th Supp.), preamble; 2003, c. 10, s. 1.

Short Title

Marginal note:Short title

 This Act may be cited as the Lobbying Act.

  • R.S., 1985, c. 44 (4th Supp.), s. 1;
  • 2006, c. 9, s. 66.

Interpretation

Marginal note:Definitions
  •  (1) In this Act,

    designated public office holder

    titulaire d’une charge publique désignée

    designated public office holder means

    • (a) a minister of the Crown or a minister of state and any person employed in his or her office who is appointed under subsection 128(1) of the Public Service Employment Act,

    • (b) any other public office holder who, in a department within the meaning of paragraph (a), (a.1) or (d) of the definition department in section 2 of the Financial Administration Act,

      • (i) occupies the senior executive position, whether by the title of deputy minister, chief executive officer or by some other title, or

      • (ii) is an associate deputy minister or an assistant deputy minister or occupies a position of comparable rank, and

    • (c) any individual who occupies a position that has been designated by regulation under paragraph 12(c.1). (titulaire d’une charge publique désignée)

    Ethics Counsellor

    Ethics Counsellor[Repealed, 2004, c. 7, s. 19]

    organization

    organisation

    organization 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 objects; (organisation)

    payment

    paiement

    payment means money or anything of value and includes a contract, promise or agreement to pay money or anything of value; (paiement)

    prescribed

    Version anglaise seulement

    prescribed means prescribed by regulation; (Version anglaise seulement)

    public office holder

    titulaire d’une charge publique

    public office holder 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; (titulaire d’une charge publique)

    registrar

    registrar[Repealed, 2006, c. 9, s. 67]

  • Marginal note: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 per cent 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.

  • Marginal note:Transition team

    (3) Any person identified by the Prime Minister as having had the task of providing support and advice to him or her during the transition period leading up to the swearing in of the Prime Minister and his or her ministry is subject to this Act, except subsections 10.11(2) to (4), as if the person were a designated public office holder during that period.

  • R.S., 1985, c. 44 (4th Supp.), s. 2;
  • 1995, c. 12, s. 1;
  • 2002, c. 8, s. 182;
  • 2003, c. 10, s. 2;
  • 2004, c. 7, s. 19;
  • 2006, c. 9, s. 67.

Application

Marginal note:Binding on Her Majesty

 This Act is binding on Her Majesty in right of Canada or a province.

Marginal note:Restriction on application
  •  (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;

    • (d.2) [Repealed, 2003, c. 10, s. 3]

    • (d.3) [Repealed, 2004, c. 17, s. 20]

    • (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.

  • Marginal note: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.

  • Marginal note:Idem

    (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.

  • R.S., 1985, c. 44 (4th Supp.), s. 4;
  • 1994, c. 35, s. 36;
  • 1995, c. 12, s. 2;
  • 2000, c. 7, s. 24;
  • 2003, c. 10, s. 3;
  • 2004, c. 17, ss. 17, 20.
 
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