Lobbying Act

Version of section 7 from 2005-06-20 to 2008-07-01:


Marginal note:Requirement to file return

  •  (1) The officer responsible for filing returns for a corporation or organization shall file with the registrar, 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 limits for filing returns

    (2) The officer responsible for filing returns shall file a return

    • (a) not later than two months after the day on which the requirement to file a return first arises under subsection (1); and

    • (b) subject to subsection (2.1), 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:Termination of activities

    (2.1) The officer responsible for filing returns is not required to file a return under paragraph (2)(b) if

    • (a) the employer no longer employs any employees whose duties are as described in paragraphs (1)(a) and (b); and

    • (b) the officer responsible for filing returns advises the registrar of the circumstances described in paragraph (a) in the prescribed form and manner before the expiry of the period within which the return must be filed under paragraph (2)(b).

  • 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, the name of

      • (i) each senior officer any part of whose duties is as described in paragraph (1)(a), and

      • (ii) any other employee any part of whose duties is as described in paragraph (1)(a), if that part constitutes a significant part of the duties of that employee;

    • (g) if the return is filed under paragraph (2)(a), particulars to identify the subject-matter of any communication between any employee named in the return and a public office holder in respect of any matter described in subparagraphs (1)(a)(i) to (v) during the period between the date on which the requirement to file a return first arises under subsection (1) and the date of filing, and any other information respecting that subject-matter that is prescribed;

    • (h) if the return is filed under paragraph (2)(b), particulars to identify the subject-matter of any communication between any employee named in the return and a public office holder in respect of any matter described in subparagraphs (1)(a)(i) to (v) during a six-month period referred to in paragraph (2)(b) and any other information respecting that subject-matter that is prescribed;

    • (h.1) if any employee named in the return communicates with a public office holder in respect of any matter described in subparagraphs (1)(a)(i) to (v) during the period between the expiry of a six-month period referred to in paragraph (2)(b) and the date on which the return is filed under that paragraph, particulars to identify the subject-matter of the communication and any other information respecting that subject-matter that is prescribed;

    • (h.2) if any employee named in the return is expected to communicate with a public office holder in respect of any matter described in subparagraphs (1)(a)(i) to (v) during the six-month period after the date of filing under paragraph (2)(a), or during the six-month period after the expiry of a six-month period referred to in paragraph (2)(b), particulars to identify the subject-matter of the communication and any other information respecting that subject-matter that is prescribed;

    • (h.3) if any employee named in the return is a former public office holder, a description of the offices held;

    • (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 a public office holder is employed or serves, if any employee named in the return,

      • (i) communicates with the public office holder in respect of any matter described in subparagraphs (1)(a)(i) to (v) during the period referred to in paragraph (g), (h) or (h.1), or

      • (ii) is expected to communicate with the public office holder in respect of any matter described in subparagraphs (1)(a)(i) to (v) during either of the periods referred to in paragraph (h.2);

    • (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

      • (i) uses in connection with any communication in respect of any matter described in subparagraphs (1)(a)(i) to (v) during the period referred to in paragraph (g), (h) or (h.1), or

      • (ii) is expected to use in connection with any communication in respect of any matter described in subparagraphs (1)(a)(i) to (v) during either of the periods referred to in paragraph (h.2); 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:Changes to information

    (4) If an employee who has been named in a return no longer performs any of the duties described in paragraph (1)(a) or is no longer employed by the employer, the officer responsible for filing returns shall, in the prescribed form and manner, not later than thirty days after the change occurs, advise the registrar of the change.

  • Marginal note:Information requested by registrar

    (5) If the registrar requests information to clarify any information that has been provided to the registrar 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 registrar with the information.

  • Marginal note:Definitions

    (6) In this section,

    employee

    employé

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

    officer responsible for filing returns

    déclarant

    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

    cadre dirigeant

    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)

  • R.S., 1985, c. 44 (4th Supp.), s. 7
  • 1995, c. 12, s. 3
  • 2003, c. 10, s. 7
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