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

Act current to 2014-06-12 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).

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    “Ethics Counsellor”[Repealed, 2004, c. 7, s. 19]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

    “payment”

    « paiement »

    “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

    “prescribed” means prescribed by regulation;

    “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;

    “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.