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

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).

Lobbyists’ Code of Conduct

Marginal note:Lobbyists’ Code of Conduct

• 10.2 (1) The Commissioner shall develop a Lobbyists’ Code of Conduct respecting the activities described in subsections 5(1) and 7(1).

• Marginal note:Consultation

  (2) In developing the Code, the Commissioner shall consult persons and organizations that the Commissioner considers are interested in the Code.

• Marginal note:Referral

  (3) The Code shall be referred to a committee of the House of Commons before being published under subsection (4).

• Marginal note:Code not a statutory instrument

  (4) The Code is not a statutory instrument for the purposes of the Statutory Instruments Act, but the Code shall be published in the Canada Gazette.

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:Non-application of section 126 of the Criminal Code

  (2) Section 126 of the Criminal Code does not apply in respect of a contravention of subsection (1).

Investigations

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:Investigation in private

  (3) The investigation shall be conducted in private.

• Marginal note:Evidence in other proceedings

  (4) Evidence given by a person in the investigation and evidence of the existence of the investigation are inadmissible against the person in a court or in any other proceeding, other than in a prosecution of a person for an offence under section 131 of the Criminal Code (perjury) in respect of a statement made to the Commissioner.

• Marginal note:Opportunity to present views

  (5) Before finding that a person has breached the Code, the Commissioner shall give the person a reasonable opportunity to present their views to the Commissioner.

• 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.

Marginal note:Report on investigation

• 10.5 (1) After conducting an investigation, the Commissioner shall prepare a report of the investigation, including the findings, conclusions and reasons for the Commissioner’s conclusions, and submit it to the Speaker of the Senate and the Speaker of the House of Commons, who shall each table the report in the House over which he or she presides forthwith after receiving it or, if that House is not then sitting, on any of the first fifteen days on which that House is sitting after the Speaker receives it.

• 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, or of any payment made by the client of an individual who is required to file a return under subsection 5(1) in respect of any matter referred to in any of subparagraphs 5(1)(a)(i) to (vi), any communication referred to in paragraph 5(1)(a) or any meeting referred to in paragraph 5(1)(b), if the Commissioner considers publication of the details to be in the public interest.

10.6 [Repealed, 2006, c. 9, s. 78]

Reports to Parliament

Marginal note:Annual report

11 The Commissioner shall, within three months after the end of each fiscal year, prepare a report with regard to the administration of this Act during that fiscal year and submit the report to the Speaker of the Senate and the Speaker of the House of Commons, who shall each table the report in the House over which he or she presides forthwith after receiving it or, if that House is not then sitting, on any of the first fifteen days on which that House is sitting after the Speaker receives it.

Marginal note:Special reports

• 11.1 (1) The Commissioner may, at any time, prepare a special report concerning any matter within the scope of the powers, duties and functions of the Commissioner if, in the opinion of the Commissioner, the matter is of such urgency or importance that a report on it should not be deferred until the next annual report.

• Marginal note:Tabling of special report

  (2) The Commissioner shall submit the special report to the Speaker of the Senate and the Speaker of the House of Commons, who shall each table the report in the House over which he or she presides forthwith after receiving it or, if that House is not then sitting, on any of the first fifteen days on which that House is sitting after the Speaker receives it.

Regulations

Marginal note:Regulations

12 The Governor in Council may make regulations

• (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 Commissioner, and prescribing the fee or the manner of determining it;

• (b) respecting the submission of returns or other documents to the Commissioner under this Act, including those that may be submitted in an electronic or other form under section 7.2, the persons or classes of persons by whom they may be submitted in that form and the time at which they are deemed to be received by the Commissioner;

• (c) respecting the entering or recording of any return or other document under section 7.3;

• (c.1) designating, individually or by class, any position occupied by a public office holder as a position occupied by a designated public office holder for the purposes of paragraph (c) of the definition designated public office holder in subsection 2(1) if, in the opinion of the Governor in Council, doing so is necessary for the purposes of this Act;

• (d) prescribing any matter or thing that by this Act is to be or may be prescribed; and

• (e) generally for carrying out the purposes and provisions of this Act.

Recovery of Fees

Marginal note:Recovery of fees

13 Any fee required by the regulations to be paid constitutes a debt due to Her Majesty in right of Canada and may be recovered in any court of competent jurisdiction.

Offences and Punishment

Marginal note:Contravention

• 14 (1) Every individual who fails to file a return as required under subsection 5(1) or (3) or 7(1) or (4), or knowingly makes any false or misleading statement in any return or other document submitted to the Commissioner under this Act or in any response provided relative to information sent under subsection 9.1(1), whether in electronic or other form, is guilty of an offence and liable

  • (a) on summary conviction, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding six months, or to both; and

  • (b) on proceedings by way of indictment, to a fine not exceeding $200,000 or to imprisonment for a term not exceeding two years, or to both.

• Marginal note:Other contraventions

  (2) Every individual who contravenes any provision of this Act — other than subsections 5(1) and (3), 7(1) and (4) and 10.3(1) — or the regulations is guilty of an offence and liable on summary conviction to a fine not exceeding $50,000.

• Marginal note:Limitation

  (3) Proceedings by way of summary conviction in respect of an offence under this section may be instituted at any time within but not later than five years after the day on which the Commissioner became aware of the subject-matter of the proceedings but, in any case, not later than ten years after the day on which the subject-matter of the proceedings arose.

Marginal note:Prohibition on communication

14.01 If a person is convicted of an offence under this Act, the Commissioner may — if satisfied that it is necessary in the public interest, taking into account the gravity of the offence and whether the offence was a second or subsequent offence under this Act — prohibit for a period of not more than two years the person who committed the offence from effecting any communication described in paragraph 5(1)(a) or 7(1)(a) or arranging a meeting referred to in paragraph 5(1)(b).

Marginal note:Publication

14.02 The Commissioner may make public the nature of the offence, the name of the person who committed it, the punishment imposed and, if applicable, any prohibition under section 14.01.

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.