In-House Lobbyists (Organizations)

Senior officer shall file return

7. (1) Where an organization employs one or more individuals any part of whose duties is to communicate with public office holders on behalf of the organization in an attempt to influence

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

    (b) 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,

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

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

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

the senior officer of the organization shall, if those duties constitute a significant part of the duties of one employee or would constitute a significant part of the duties of one employee were those duties to be performed by only one employee, file with the registrar, in the prescribed form and manner and at the time or times required by subsection (2), a return setting out the information referred to in subsection (3).

Time limits for filing a return

(2) The senior officer of the organization shall file a return

    (a) where, on the date on which subsection (1) comes into force, the organization employs one or more individuals whose duties are as described in that subsection, within two months after that date and thereafter within thirty days after the expiration of each six month period after the date of filing; and

    (b) where, on that date, the organization does not employ any individual whose duties are as described in that subsection, within two months after the date on which the organization first commences to employ such an individual and thereafter within thirty days after the expiration of each six month period after the date of filing.

Contents of return

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

    (a) the name and business address of the senior officer;

    (b) the name and business address of the organization;

    (c) a description in summary form of the organization's business or activities and such other information to identify its business or activities as is prescribed;

    (d) a description of the organization's membership and such other information to identify its membership as is prescribed;

    (e) where the organization is funded in whole or in part by a government, the name of the government or government agency, as the case may be, and the amount of funding received by the organization from that government or government agency;

    (f) the name of each employee of the organization whose duties include those described in subsection (1);

    (g) where any such employee is attempting to influence any matter described in paragraphs (1)(a) to (e) at the time the return is filed, particulars to identify the relevant subject-matter and such other information respecting the subject-matter as is prescribed;

    (h) particulars to identify the subject-matters in respect of which any such employee

      (i) has communicated with public office holders during the period for which the return is filed under subsection (2), and

      (ii) is expected to communicate with public office holders during the next following six month period,

    in an attempt to influence any matter described in paragraphs (1)(a) to (e), and such other information respecting those subject-matters as is prescribed;

    (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 such employee

      (i) has communicated during the period for which the return is required to be filed pursuant to subsection (2), and

      (ii) is expected to communicate during the next following six month period,

    in connection with any matter referred to in paragraph (g) or (h), 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 such employee

      (i) has used during the period for which the return is required to be filed pursuant to subsection (2), and

      (ii) is expected to use during the next following six month period,

    in an attempt to influence any matter referred to in paragraph (g) or (h); and

    (l) such other information relating to the identity of the senior officer, the organization, any employee referred to in paragraph (f) or any department or institution referred to in paragraph (j) as is prescribed.

Ceasing duties or employment

(4) The senior officer of an organization in respect of which a return is filed shall advise the registrar, in the prescribed form and manner, if an employee who has been identified in the return ceases to perform duties described in subsection (1) or ceases to be employed by the organization, and shall do so not later than thirty days after the event.

Information requested by registrar

(5) The senior officer of an organization in respect of which a return is filed shall provide the registrar, in the prescribed form and manner, with such information as the registrar may request to clarify any information that has been provided to the registrar pursuant to this section, and shall do so not later than thirty days after the request is made.

Definitions

(6) In this section,

``employee''
« employé »

``employee'' includes an officer who is compensated for the performance of their duties;

``senior officer''
« premier dirigeant »

``senior officer'', in respect of an organization, means the most senior officer of the organization who is compensated for the performance of their duties.

Certification

Certification

7.1 Every individual who submits a return or other document to the registrar pursuant to this Act shall certify on the return or other document or, where it is submitted in electronic or other form in accordance with subsection 7.2(1), in such manner as is specified by the registrar, that the information contained in it is true to the best of their knowledge and belief.

Documents in Electronic or Other Form

Submission of documents

7.2 (1) Subject to the regulations, any return or other document that is required to be submitted to the registrar under this Act may be submitted in electronic or other form by such means and in such manner as is specified by the registrar.

Time of receipt

(2) For the purposes of this Act, any return or other document that is submitted in accordance with subsection (1) is deemed to be received by the registrar at the time provided for in the regulations.

Storage

7.3 (1) Subject to the regulations, any return or other document that is received by the registrar may be entered or recorded by any information storage device, including any system of mechanical or electronic data processing, that is capable of reproducing the stored return or other document in intelligible form within a reasonable time.

Evidence

(2) In any prosecution for an offence under this Act, a copy of a return or other document that is reproduced as permitted by subsection (1) and certified under the registrar's signature as a true copy is admissible in evidence without proof of the signature or official character of the person appearing to have signed the copy and, in the absence of evidence to the contrary, has the same probative force as the original would have if it were proved in the ordinary way.

4. The heading before section 8 of the Act is replaced by the following:

REGISTRY

1993, c. 12, s. 11

5. Sections 9 and 10 of the Act are replaced by the following:

Registry

9. (1) The registrar shall establish and maintain a registry in which shall be kept a record of all returns and other documents submitted to the registrar under this Act.

Form of registry

(2) The registry shall be organized in such manner and kept in such form as the registrar may determine.

Audit

(3) The registrar may verify the information contained in any return or other document submitted to the registrar under this Act.

Access to registry

(4) The registry shall be open to public inspection at such place and at such reasonable hours as the registrar may determine.

Interpretation bulletins

10. (1) The registrar may issue advisory opinions and interpretation bulletins with respect to the enforcement, interpretation or application of this Act other than under sections 10.1 to 10.6.

Interpretation bulletins not statutory instruments

(2) The advisory opinions and interpretation bulletins are not statutory instruments for the purposes of the Statutory Instruments Act and are not binding.

LOBBYISTS' CODE OF CONDUCT

Ethics Counsellor

10.1 The Governor in Council may designate any person as the Ethics Counsellor for the purposes of this Act.

Lobbyists' Code of Conduct

10.2 (1) The Ethics Counsellor shall develop a Lobbyists' Code of Conduct respecting the activities described in subsections 5(1), 6(1) and 7(1).

Consultation

(2) In developing the Code, the Ethics Counsellor shall consult persons and organizations that he or she considers are interested in the Code.

Referral

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

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.

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) or 6(1); and

    (b) an individual who, in accordance with paragraph 7(3)(f), is named in a return filed under subsection 7(1).

Non-applicati on 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).

Investigation of breaches

10.4 (1) Where the Ethics Counsellor believes on reasonable grounds that a person has breached the Code, the Ethics Counsellor shall investigate to determine whether a breach has occurred.

Powers of investigation

(2) For the purpose of conducting the investigation, the Ethics Counsellor 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 Ethics Counsellor and compel them to give oral or written evidence on oath, and

      (ii) compel persons to produce any documents or other things that the Ethics Counsellor considers necessary for the investigation, including any record of a payment received, disbursement made or expense incurred by an individual who is required to file a return under subsection 5(1) or 6(1) or by an individual who, in accordance with paragraph 7(3)(f), 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 paragraphs 6(1)(a) to (e) or 7(1)(a) to (e), as the case may be; and

    (b) administer oaths and receive and accept information, whether or not it would be admissible as evidence in a court of law.

Investigation in private

(3) The investigation shall be conducted in private.

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 Ethics Counsellor.

Opportunity to present views

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

Confidentialit y

(6) The Ethics Counsellor, and every person acting on behalf of or under the direction of the Ethics Counsellor, shall 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 Ethics Counsellor, 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; or

    (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 Ethics Counsellor.

Report

10.5 (1) After conducting an investigation, the Ethics Counsellor shall prepare a report of the investigation, including the findings, conclusions and reasons for the Ethics Counsellor's conclusions, and submit it to the Registrar General of Canada who shall cause a copy of it to be laid before each House of Parliament on any of the first fifteen sitting days on which that House is sitting after it is received.

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 6(1) or by an individual who, in accordance with paragraph 7(3)(f), 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 paragraphs 6(1)(a) to (e) or 7(1)(a) to (e), as the case may be, if the Ethics Counsellor considers publication of the details to be in the public interest.

Annual report

10.6 The Ethics Counsellor shall, within three months after the end of each fiscal year, prepare a report with regard to the exercise of the powers, duties and functions conferred on the Ethics Counsellor under this Act during the fiscal year and submit the report to the Registrar General of Canada who shall cause a copy of it to be laid before each House of Parliament on any of the first fifteen sitting days on which that House is sitting after it is received.

6. Subsection 11(1) of the Act is replaced by the following:

Annual report

11. (1) The registrar shall, within three months after the end of each fiscal year, prepare a report with regard to the administration of this Act, other than sections 10.1 to 10.6, during that fiscal year and submit the report to the Registrar General of Canada.

1993, c. 12, ss. 12 and 13

7. Sections 12 to 14 of the Act are replaced by the following:

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, 6 or 7, or for any service performed or the use of any facility provided by the registrar, and prescribing the fee or the manner of determining it;

    (b) respecting the submission of returns or other documents to the registrar 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 registrar;

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

    (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.