Lobbying Act

Version of section 5 from 2005-06-20 to 2008-07-01:


Marginal note:Requirement to file return

  •  (1) An individual shall file with the registrar, 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 limits for filing returns

    (1.1) An individual shall file a return

    • (a) not later than ten days after entering into an undertaking referred to in subsection (1); and

    • (b) subject to subsections (1.2) and (1.3), not later than thirty days after the expiry of every six-month period after the day on which a return is filed under paragraph (a).

  • Marginal note:Exception if change provided

    (1.2) Where an individual provides a change to information or newly acquired information under subsection (3), a return under paragraph (1.1)(b) shall be filed not later than thirty days after the expiry of every six-month period after the last day on which a change or newly acquired information is provided under that subsection.

  • Marginal note:Completion or termination of undertaking

    (1.3) An individual is not required to file a return under paragraph (1.1)(b) with respect to an undertaking if the individual completes or terminates the undertaking and advises the registrar of that fact in the prescribed form and manner before the expiry of the period within which the return must be filed under that paragraph.

  • 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) where applicable, whether the payment to the individual is in whole or in part contingent on the individual’s degree of success in influencing any matter described in subparagraphs (1)(a)(i) to (vi);

    • (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;

    • (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:Changes to information and new information

    (3) An individual who files a return shall provide the registrar, in the prescribed form and manner, with any change to the information provided by the individual in the return, and any information required to be provided under subsection (2) the knowledge of which the individual acquired only after the return was filed, not later than thirty days after the change occurs or the knowledge is acquired.

  • (4) [Repealed, 2003, c. 10, s. 4]

  • Marginal note:Information requested by registrar

    (5) An individual who files a return shall provide the registrar, in the prescribed form and manner, with such information as the registrar may request to clarify any information that the individual has provided to the registrar 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 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.

  • R.S., 1985, c. 44 (4th Supp.), s. 5
  • 1995, c. 12, s. 3
  • 1999, c. 31, s. 163(F)
  • 2003, c. 10, s. 4
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