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

Registration of Lobbyists

Consultant Lobbyists

Marginal note:Requirement to file return

• 5 (1) An individual shall file with the Commissioner, in the prescribed form and manner, a return setting out the information referred to in subsection (2), if the individual, for payment, on behalf of any person or organization (in this section referred to as the “client”), undertakes to

  • (a) communicate with a public office holder in respect of

    • (i) the development of any legislative proposal by the Government of Canada or by a member of the Senate or the House of Commons,

    • (ii) the introduction of any Bill or resolution in either House of Parliament or the passage, defeat or amendment of any Bill or resolution that is before either House of Parliament,

    • (iii) the making or amendment of any regulation as defined in subsection 2(1) of the Statutory Instruments Act,

    • (iv) the development or amendment of any policy or program of the Government of Canada,

    • (v) the awarding of any grant, contribution or other financial benefit by or on behalf of Her Majesty in right of Canada, or

    • (vi) the awarding of any contract by or on behalf of Her Majesty in right of Canada; or

  • (b) arrange a meeting between a public office holder and any other person.

• 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.

• (1.2) and (1.3) [Repealed, 2006, c. 9, s. 69]

• Marginal note:Contents of return

  (2) The return shall set out the following information with respect to the undertaking:

  • (a) the name and business address of the individual and, if applicable, the name and business address of the firm where the individual is engaged in business;

  • (b) the name and business address of the client and the name and business address of any person or organization that, to the knowledge of the individual, controls or directs the activities of the client and has a direct interest in the outcome of the individual’s activities on behalf of the client;

  • (c) where the client is a corporation, the name and business address of each subsidiary of the corporation that, to the knowledge of the individual, has a direct interest in the outcome of the individual’s activities on behalf of the client;

  • (d) where the client is a corporation that is a subsidiary of any other corporation, the name and business address of that other corporation;

  • (e) where the client is a coalition, the name and business address of each corporation or organization that is a member of the coalition;

  • (e.1) the client is funded in whole or in part by a government or government agency, the name of the government or agency, as the case may be, and the amount of funding received;

  • (f) particulars to identify the subject-matter in respect of which the individual undertakes to communicate with a public office holder or to arrange a meeting, and any other information respecting the subject-matter that is prescribed;

  • (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);

  • (h) particulars to identify any relevant legislative proposal, Bill, resolution, regulation, policy, program, grant, contribution, financial benefit or contract;

  • (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;

  • (i) the name of any department or other governmental institution in which any public office holder with whom the individual communicates or expects to communicate in respect of any matter described in subparagraphs (1)(a)(i) to (vi) or with whom a meeting is, or is to be, arranged, is employed or serves;

  • (j) if the individual undertakes to communicate with a public office holder in respect of any matter described in subparagraphs (1)(a)(i) to (vi), particulars to identify any communication technique that the individual uses or expects to use in connection with the communication with the public office holder, including any appeals to members of the public through the mass media or by direct communication that seek to persuade those members of the public to communicate directly with a public office holder in an attempt to place pressure on the public office holder to endorse a particular opinion (in this Act referred to as “grass-roots communication”); and

  • (k) such other information relating to the identity of the individual, the client, any person or organization referred to in paragraph (b), any subsidiary referred to in paragraph (c), the other corporation referred to in paragraph (d), any member of a coalition referred to in paragraph (e) or any department or institution referred to in paragraph (i) as is prescribed.

• 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:Information requested by Commissioner

  (5) An individual who files a return shall provide the Commissioner, in the prescribed form and manner, with such information as the Commissioner may request to clarify any information that the individual has provided to the Commissioner pursuant to this section, and shall do so not later than thirty days after the request is made.

• Marginal note:Restriction on application

  (6) This section does not apply in respect of anything that an employee undertakes to do on the sole behalf of their employer or, where their employer is a corporation, in respect of anything that the employee, at the direction of the employer, undertakes to do on behalf of any subsidiary of the employer or any corporation of which the employer is a subsidiary.

• 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.

6 [Repealed, 2003, c. 10, s. 5]

In-house Lobbyists (Corporations and Organizations)

Marginal note:Requirement to file return

• 7 (1) The officer responsible for filing returns for a corporation or organization shall file with the Commissioner, in the prescribed form and manner, a return setting out the information referred to in subsection (3) if

  • (a) the corporation or organization employs one or more individuals any part of whose duties is to communicate with public office holders on behalf of the employer or, if the employer is a corporation, on behalf of any subsidiary of the employer or any corporation of which the employer is a subsidiary, in respect of

    • (i) the development of any legislative proposal by the Government of Canada or by a member of the Senate or the House of Commons,

    • (ii) the introduction of any Bill or resolution in either House of Parliament or the passage, defeat or amendment of any Bill or resolution that is before either House of Parliament,

    • (iii) the making or amendment of any regulation as defined in subsection 2(1) of the Statutory Instruments Act,

    • (iv) the development or amendment of any policy or program of the Government of Canada, or

    • (v) the awarding of any grant, contribution or other financial benefit by or on behalf of Her Majesty in right of Canada; and

  • (b) those duties constitute a significant part of the duties of one employee or would constitute a significant part of the duties of one employee if they were performed by only one employee.

• 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).

• (2.1) [Repealed, 2006, c. 9, s. 70]

• Marginal note:Contents of return

  (3) The return shall set out the following information:

  • (a) the name and business address of the officer responsible for filing returns;

  • (b) the name and business address of the employer;

  • (b.1) if the employer is a corporation, the name and business address of every subsidiary of the corporation that, to the knowledge of the officer responsible for filing returns, has a direct interest in the outcome of an employee’s activities on behalf of the employer in respect of any matter described in subparagraphs (1)(a)(i) to (v);

  • (b.2) if the employer is a corporation that is a subsidiary of any other corporation, the name and business address of that other corporation;

  • (c) a description in summary form of the employer’s business or activities and any other information to identify its business or activities that is prescribed;

  • (d) if the employer is an organization, a description of the organization’s membership and any other information to identify its membership that is prescribed;

  • (e) if the employer is funded in whole or in part by a government or government agency, the name of the government or agency, as the case may be, and the amount of funding received;

  • (f) if the employer is an organization, the name of each employee any part of whose duties is as described in paragraph (1)(a);

  • (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;

  • (h.1) to (h.3) [Repealed, 2006, c. 9, s. 70]

  • (i) particulars to identify any relevant legislative proposal, Bill, resolution, regulation, policy, program, grant, contribution or financial benefit;

  • (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

  • (l) any other information that is prescribed that relates to the identity of the officer responsible for filing returns, the employer, any subsidiary referred to in paragraph (b.1), any corporation referred to in paragraph (b.2) of which the employer is a subsidiary, any employee referred to in paragraph (f) or (f.1) or any department or institution referred to in paragraph (j).

• 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).

• Marginal note:Information requested by Commissioner

  (5) If the Commissioner requests information to clarify any information that has been provided to the Commissioner under this section, the officer responsible for filing returns shall, in the prescribed form and manner, not later than thirty days after the request is made, provide the Commissioner with the information.

• Marginal note:Definitions

  (6) In this section,

  employee

  employee includes an officer who is compensated for the performance of their duties; (employé)

  officer responsible for filing returns

  officer responsible for filing returns means the employee who holds the most senior office in a corporation or organization and is compensated for the performance of their duties; (déclarant)

  senior officer

  senior officer, in respect of a corporation, means

  • (a) a chief executive officer, chief operating officer or president of the corporation, or

  • (b) any other officer who reports directly to the chief executive officer, chief operating officer or president of the corporation. (cadre dirigeant)