Federal Accountability Act (S.C. 2006, c. 9)
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Assented to 2006-12-12
PART 1CONFLICTS OF INTEREST, ELECTION FINANCING, LOBBYING AND MINISTERS’ STAFF
R.S., c. 44 (4th Supp.)Lobbyists Registration Act
Amendments to Act
Marginal note:2003, c. 10, s. 4(1)
69. (1) Subsections 5(1.1) to (1.3) of the Act are replaced by the following:
Marginal note:Time limit for filing return
(1.1) An individual shall file the return referred to in subsection (1) not later than 10 days after entering into the undertaking.
Marginal note:2003, c. 10, s. 4(4)(F)
(2) Paragraph 5(2)(g) of the Act is replaced by the following:
(g) the fact that the undertaking does not provide for any payment that is in whole or in part contingent on the outcome of any matter described in subparagraphs (1)(a)(i) to (vi) or on the individual’s success in arranging a meeting referred to in paragraph (1)(b);
Marginal note:2003, c. 10, s. 4(5)
(3) Paragraph 5(2)(h.1) of the Act is replaced by the following:
(h.1) if the individual is a former public officer holder, a description of the offices held, which of those offices, if any, qualified the individual as a designated public office holder and the date on which the individual last ceased to hold such a designated public office;
Marginal note:1995, c. 12, s. 3
(4) Subsection 5(3) of the Act is replaced by the following:
Marginal note:Requirement to file monthly return
(3) The individual shall file a return, in the prescribed form and manner, not later than 15 days after the end of every month, beginning with the one in which the return is filed under subsection (1), that
(a) sets out, with respect to every communication referred to in paragraph (1)(a) that is of a prescribed type and that was made in that month involving a designated public office holder and relating to the undertaking,
(i) the name of the designated public office holder who was the object of the communication,
(ii) the date of the communication,
(iii) particulars, including any prescribed particulars, to identify the subject-matter of the communication, and
(iv) any other information that is prescribed;
(b) if any information contained in the return filed under subsection (1) is no longer correct or additional information that the individual would have been required to provide under that subsection has come to the knowledge of the individual after the return was filed, provides the corrected or additional information; and
(c) if the undertaking has been performed or terminated, advises the Commissioner of that fact.
Marginal note:First monthly return
(4) The first return filed under subsection (3) shall, despite paragraph (3)(a), set out the information required by that paragraph in respect of communications made between the day on which the undertaking referred to in subsection (1) was entered into and the end of the month immediately before the filing of the return.
Marginal note:Exception
(4.1) Subject to subsection (4.2), no return is required under subsection (3) if no communication referred to in paragraph (3)(a) was made during the period with respect to which the return is to set out information, and if the circumstances referred to in paragraphs (3)(b) and (c) have not arisen.
Marginal note:Return — six-month period
(4.2) In any case, no more than five months shall have elapsed since the end of the month in which a return was last filed without a return being filed by the individual under subsection (3), even if, since the last return, no communication was made as referred to in paragraph (3)(a) and the circumstances referred to in paragraphs (3)(b) and (c) have not arisen, in which case the report shall so state.
Marginal note:Termination of reporting obligation
(4.3) The obligation to file a return under subsection (3) terminates when the undertaking has been performed or is terminated and a report has been filed under that subsection advising of that fact in accordance with paragraph (3)(c).
Marginal note:2003, c. 10, s. 4(7)
(5) Subsection 5(7) of the Act is replaced by the following:
Marginal note:For greater certainty
(7) For greater certainty, an individual who undertakes to communicate with a public office holder as described in paragraph (1)(a) is not required to file more than one return under subsection (1) with respect to the undertaking, even though the individual, in connection with that undertaking, communicates with more than one public office holder or communicates with one or more public office holders on more than one occasion.
Marginal note:2003, c. 10, s. 7(1)
70. (1) Subsections 7(2) and (2.1) of the Act are replaced by the following:
Marginal note:Time limit for filing return
(2) The officer responsible for filing returns shall file a return not later than two months after the day on which the requirement to file a return first arises under subsection (1).
Marginal note:2003, c. 10, s. 7(1)
(2) Paragraphs 7(3)(f.1) to (h.3) of the Act are replaced by the following:
(f.1) if the employer is a corporation,
(i) a list including the name of each senior officer or employee a significant part of whose duties is as described in paragraph (1)(a), and
(ii) a second list including the name of each other senior officer any part of whose duties is as described in paragraph (1)(a) but without constituting a significant part;
(g) particulars to identify the subject-matter of any communication that any employee named in the return has made or is expected to make with a public office holder in respect of any matter described in subparagraphs (1)(a)(i) to (v) and any other information respecting that subject-matter that is prescribed;
(h) if any employee named in the return is a former public office holder, a description of the offices held, which of those offices, if any, qualified the employee as a designated public office holder and the date on which the employee last ceased to hold such a designated public office;
Marginal note:2003, c. 10, s. 7(1)
(3) Paragraphs 7(3)(j) and (k) of the Act are replaced by the following:
(j) the name of any department or other governmental institution in which any public office holder with whom any employee named in the return communicates or is expected to communicate in respect of any matter described in subparagraphs (1)(a)(i) to (v) is employed or serves;
(k) particulars to identify any communication technique, including grass-roots communication within the meaning of paragraph 5(2)(j), that any employee named in the return uses or is expected to use in connection with any communication in respect of any matter described in subparagraphs (1)(a)(i) to (v); and
Marginal note:2003, c. 10, s. 7(1)
(4) Subsection 7(4) of the Act is replaced by the following:
Marginal note:Requirement to file monthly return
(4) The officer responsible for filing returns shall file a return, in the prescribed form and manner, not later than 15 days after the end of every month, beginning with the one in which the return is filed under subsection (1), that
(a) sets out, with respect to every communication referred to in paragraph (1)(a) that is of a prescribed type and that was made in that month involving a designated public office holder,
(i) the name of the designated public office holder who was the object of the communication,
(ii) the date of the communication,
(iii) particulars, including any prescribed particulars, to identify the subject-matter of the communication, and
(iv) any other information that is prescribed;
(b) if any information contained in the return filed under subsection (1) is no longer correct or additional information that the officer would have been required to provide under that subsection has come to the knowledge of the officer after the return was filed, provides the corrected or additional information; and
(c) if the employer no longer employs any employees whose duties are as described in paragraphs (1)(a) and (b), advises the Commissioner of that fact.
Marginal note:First monthly return
(4.1) The first return filed under subsection (4) shall, despite paragraph (4)(a), set out the information required by that paragraph in respect of communications made between the day on which the requirement to file a return first arose under subsection (1) and the end of the month immediately before the filing of the return.
Marginal note:Exception
(4.2) Subject to subsection (4.3), no return is required under subsection (4) if no communication referred to in paragraph (4)(a) was made during the period with respect to which the return is to set out information and if the circumstances referred to in paragraphs (4)(b) and (c) have not arisen.
Marginal note:Return — six-month period
(4.3) In any case, no more than five months shall have elapsed since the end of the month in which a return was last filed without a return being filed under subsection (4), even if, since the last return, no communication was made as referred to in paragraph (4)(a) and the circumstances referred to in paragraphs (4)(b) and (c) have not arisen, in which case the report shall so state.
Marginal note:Termination of reporting obligation
(4.4) The obligation to file a return under subsection (4) terminates when the employer no longer employs any employees whose duties are as described in paragraphs (1)(a) and (b) and a report has been filed under that subsection advising of that fact in accordance with paragraph (4)(c).
71. Section 8 of the Act is repealed.
Marginal note:1995, c. 12, s. 5
72. (1) Subsection 9(1) of the Act is replaced by the following:
Marginal note:Registry
9. (1) The Commissioner shall establish and maintain a registry in which shall be kept a record of all returns and other documents submitted to the Commissioner under this Act and of any information sent under subsection 9.1(1) and responses provided relative to that information.
(2) Section 9 of the Act is amended by adding the following after subsection (3):
Marginal note:Clarifications and corrections
(3.1) Every individual who is required to submit returns or other documents referred to in subsection (1), or to provide responses referred to in that subsection, shall provide in the prescribed time, manner and form any clarification or correction to them that the Commissioner requires.
73. The Act is amended by adding the following after section 9:
Marginal note:Confirmation of lobbying activity information
9.1 (1) The Commissioner may send to any present or former designated public office holder information derived from that referred to in paragraph 5(3)(a) or 7(4)(a) and provided in returns filed under subsection 5(3) or 7(4) in order that the office holder — in the prescribed time, manner and form — confirm to the Commissioner its accuracy and completeness or correct and complete it.
Marginal note:Report
(2) The Commissioner may, in a report under section 11 or 11.1, report on the failure by a present or former designated public office holder to respond relative to information sent under subsection (1) or the provision by such a person of an unsatisfactory response.
Marginal note:2004, c. 7, s. 20
74. Subsection 10(1) of the Act is replaced by the following:
Marginal note:Interpretation bulletins
10. (1) The Commissioner may issue advisory opinions and interpretation bulletins with respect to the enforcement, interpretation or application of this Act other than under sections 10.2 to 10.5.
75. The Act is amended by adding the following after section 10:
LOBBYISTS’ REMUNERATION
Marginal note:Prohibition — lobbyist
10.1 (1) An individual who is required to file a return under subsection 5(1) shall not receive any payment that is in whole or in part contingent on the outcome of any matter described in subparagraphs 5(1)(a)(i) to (vi) or on the individual’s success in arranging a meeting referred to in paragraph 5(1)(b).
Marginal note:Prohibition — client
(2) The client of an individual referred to in subsection (1) shall not make any such payment to the individual.
RESTRICTION ON LOBBYING ACTIVITY
Marginal note:Five-year prohibition — lobbying
10.11 (1) No individual shall, during a period of five years after the day on which the individual ceases to be a designated public office holder,
(a) carry on any of the activities referred to in paragraph 5(1)(a) or (b) in the circumstances referred to in subsection 5(1);
(b) if the individual is employed by an organization, carry on any of the activities referred to in paragraph 7(1)(a) on behalf of that organization; and
(c) if the individual is employed by a corporation, carry on any of the activities referred to in paragraph 7(1)(a) on behalf of that corporation if carrying on those activities would constitute a significant part of the individual’s work on its behalf.
Marginal note:Exception
(2) Subsection (1) does not apply in respect of any designated public office that was held only because the individual participated in an employment exchange program.
Marginal note:Exemption
(3) On application, the Commissioner of Lobbying may, on any conditions that the Commissioner specifies, exempt an individual from the application of subsection (1) if the Commissioner is of the opinion that the exemption would not be contrary to the purposes of this Act having regard to any circumstance or factor that the Commissioner considers relevant, including whether the individual
(a) was a designated public office holder for a short period;
(b) was a designated public office holder on an acting basis;
(c) was employed under a program of student employment; or
(d) had administrative duties only.
Marginal note:Publication
(4) The Commissioner shall without delay cause every exemption and the Commissioner’s reasons for it to be made available to the public.
Marginal note:Application for exemption
10.12 (1) Any person who is subject to this Act as if they were a designated public office holder by reason of subsection 2(3), may apply to the Commissioner for an exemption from section 10.11.
Marginal note:Commissioner may exempt
(2) The Commissioner may, on any conditions that the Commissioner specifies, exempt the person from the application of section 10.11 having regard to any circumstance or factor that the Commissioner considers relevant, including the following:
(a) the circumstances under which the person left the functions referred to in subsection 2(3);
(b) the nature, and significance to the Government of Canada, of information that the person possessed by virtue of the functions referred to in subsection 2(3);
(c) the degree to which the person’s new employer might gain unfair commercial advantage by hiring the person;
(d) the authority and influence that the person possessed while having the functions referred to in subsection 2(3); and
(e) the disposition of other cases.
Marginal note:Publication
(3) The Commissioner shall without delay cause every exemption and the Commissioner’s reasons for it to be made available to the public.
Marginal note:Audit
(4) The Commissioner may verify the information contained in any application under subsection (1).
76. The Act is amended by adding the following before section 10.4:
INVESTIGATIONS
Marginal note:2004, c. 7, s. 23 and par. 39(3)(a)
77. (1) Subsections 10.4(1) and (2) of the Act are replaced by the following:
Marginal note:Investigation
10.4 (1) The Commissioner shall conduct an investigation if he or she has reason to believe, including on the basis of information received from a member of the Senate or the House of Commons, that an investigation is necessary to ensure compliance with the Code or this Act, as applicable.
Marginal note:Exception
(1.1) The Commissioner may refuse to conduct or may cease an investigation with respect to any matter if he or she is of the opinion that
(a) the matter is one that could more appropriately be dealt with according to a procedure provided for under another Act of Parliament;
(b) the matter is not sufficiently important;
(c) dealing with the matter would serve no useful purpose because of the length of time that has elapsed since the matter arose; or
(d) there is any other valid reason for not dealing with the matter.
Marginal note:Powers of investigation
(2) For the purpose of conducting the investigation, the Commissioner may
(a) in the same manner and to the same extent as a superior court of record,
(i) summon and enforce the attendance of persons before the Commissioner and compel them to give oral or written evidence on oath, and
(ii) compel persons to produce any documents or other things that the Commissioner considers relevant for the investigation;
and
(b) administer oaths and receive and accept information, whether or not it would be admissible as evidence in a court of law.
Marginal note:2003, c. 10, ss. 10(2) and (3); 2004, c. 7, s. 23 and par. 39(3)(b) and (c)
(2) The portion of section 10.4 of the Act after subsection (5) is replaced by the following:
Marginal note:Confidentiality
(6) The Commissioner, and every person acting on behalf of or under the direction of the Commissioner, may not disclose any information that comes to their knowledge in the performance of their duties and functions under this section, unless
(a) the disclosure is, in the opinion of the Commissioner, necessary for the purpose of conducting an investigation under this section or establishing the grounds for any findings or conclusions contained in a report under section 10.5;
(b) the information is disclosed in a report under section 10.5 or in the course of a prosecution for an offence under section 131 of the Criminal Code (perjury) in respect of a statement made to the Commissioner; or
(c) the Commissioner 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.
Marginal note:Advice to peace officers
(7) If, during an investigation under this section, the Commissioner 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 Commissioner shall advise a peace officer having jurisdiction to investigate the alleged offence and immediately suspend the Commissioner’s investigation.
Marginal note:Suspension of investigation
(8) The Commissioner shall immediately suspend an investigation under this section if he or she discovers that the subject-matter of the investigation is also the subject-matter of an investigation to determine whether an offence under this or any other Act of Parliament or of the legislature of a province has been committed or that a charge has been laid with respect to that subject-matter.
Marginal note:Investigation continued
(9) The Commissioner may not continue an investigation under this section until any investigation or charge regarding the same subject-matter has been finally disposed of.
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