An Act to amend the Lobbyists Registration Act (S.C. 2003, c. 10)
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Assented to 2003-06-11
R.S., c. 44 (4th Supp.)LOBBYISTS REGISTRATION ACT
Marginal note:1995, c. 12, s. 5
8. Subsection 10.2(1) of the Act is replaced by the following:
Marginal note:Lobbyists’ Code of Conduct
10.2 (1) The Ethics Counsellor shall develop a Lobbyists’ Code of Conduct respecting the activities described in subsections 5(1) and 7(1).
Marginal note:1995, c. 12, s. 5
9. Subsection 10.3(1) of the Act is replaced by the following:
Marginal note:Compliance with 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).
Marginal note:1995, c. 12, s. 5
10. (1) Subparagraph 10.4(2)(a)(ii) of the Act is replaced by the following:
(ii) compel persons to produce any documents or other things that the Ethics Counsellor 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
(2) Subsection 10.4(6) of the Act is amended by striking out the word “or” at the end of paragraph (a), by adding the word “or” at the end of paragraph (b) and by adding the following after paragraph (b):
(c) the Ethics Counsellor 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.
(3) Section 10.4 of the Act is amended by adding the following after subsection (6):
Marginal note:Advice to peace officers
(7) If, during the course of performing duties and functions under this section, the Ethics Counsellor 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 Ethics Counsellor shall advise a peace officer having jurisdiction to investigate the alleged offence.
Marginal note:Suspension of investigation
(8) The Ethics Counsellor must immediately suspend an investigation under this section of an alleged breach of the Code by any person if
(a) the Ethics Counsellor 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.
Marginal note:Investigation continued
(9) The Ethics Counsellor may not continue an investigation under this section until any investigation or charge regarding the same subject-matter has been finally disposed of.
Marginal note:1995, c. 12, s. 5
11. Subsection 10.5(2) of the Act is replaced by the following:
Marginal note: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 Ethics Counsellor considers publication of the details to be in the public interest.
Marginal note:1995, c. 12, s. 7
12. Paragraph 12(a) of the Act is replaced by the following:
(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;
13. The Act is amended by adding the following after section 14:
REVIEW BY PARLIAMENT
Marginal note: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.
Marginal note: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.
TRANSITIONAL PROVISIONS
Interpretation
Marginal note:Definitions
14. The following definitions apply in sections 15 to 17.
“new Act”
« nouvelle loi »
“new Act” means the Lobbyists Registration Act as it reads on the day on which this Act comes into force.
“old Act”
« ancienne loi »
“old Act” means the Lobbyists Registration Act as it read immediately before the day on which this Act comes into force.
Filings by Consultant Lobbyists
Marginal note: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 subsection 5(1) of the new Act.
Marginal note: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).
Marginal note: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)
Marginal note:Requirement to file return
16. If, on the day on which this Act comes 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)
Marginal note: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.
Marginal note: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).
Marginal note: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
Marginal note:Coming into force
18. This Act comes into force on a day to be fixed by order of the Governor in Council.
- Date modified: