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SUMMARY |
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This enactment amends the Lobbyists Registration Act by removing
the words ``in an attempt to influence'' in respect of the
communications referred to in the registration provisions, and by
removing the exception for communications made in response to
requests by public office holders. It also provides that communications
that are restricted to requests for information are not subject to the Act.
The enactment requires that all lobbyists file a return every six months,
and imposes most of the registration obligations that apply to in-house
lobbyists for organizations on in-house lobbyists for corporations.
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EXPLANATORY NOTES |
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Lobbyists Registration Act |
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Clause 1: The third paragraph of the preamble reads
as follows:
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And Whereas it is desirable that public office holders and the
public be able to know who is attempting to influence government;
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Clause 2: The relevant portion of the definition
``organization'' in subsection 2(1) reads as follows:
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``organization'' includes
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Clause 3: (1) The relevant portion of subsection 4(1)
reads as follows:
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4. (1) This Act does not apply to any of the following persons when
acting in their official capacity, namely,
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(2): The relevant portion of subsection 4(2) reads as
follows:
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(2) This Act does not apply in respect of
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Clause 4: (1) Subsections 5(1.1) to (1.3) are new.
Subsection 5(1) reads as follows:
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5. (1) Every individual who, for payment, on behalf of any person or
organization (in this section referred to as the ``client''), undertakes to
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shall, not later than ten days after entering into that undertaking, file
with the registrar, in the prescribed form and manner, a return setting out
the information referred to in subsection (2).
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(2) to (5) The relevant portion of subsection 5(2) reads
as follows:
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(2) The return shall set out the following information with respect to
the undertaking:
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(6) Subsection 5(4) reads as follows:
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(4) An individual who completes or terminates an undertaking in
respect of which the individual has filed a return shall advise the
registrar of that fact, in the prescribed form and manner, not later than
thirty days after the undertaking is completed or terminated.
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(7) Subsection 5(7) reads as follows:
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(7) For greater certainty, an individual who undertakes to
communicate with a public office holder as described in paragraph
(1)(a) is required to file only one return under subsection (1)
notwithstanding that the individual may, in connection with that
undertaking, communicate with one or more public office holders on
one or more occasions.
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Clause 5: Section 6 and the heading before it read as
follows:
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In-House Lobbyists (Corporate) |
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6. (1) Where a person employs an individual a significant part of
whose duties as an employee is to communicate with public office
holders on behalf of the employer or, where the employer is a
corporation, on behalf of any subsidiary of the employer or any
corporation of which the employer is a subsidiary, in an attempt to
influence
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the employee shall 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).
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(2) An employee to whom subsection (1) applies shall file a return
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(3) The return shall set out the following information:
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(4) An employee who files a return shall provide the registrar, in the
prescribed form and manner, with any change to the information
provided by the employee in the return, and any information required
to be provided under subsection (3) the knowledge of which the
employee acquired only after the return was filed, not later than thirty
days after the change occurs or the knowledge is acquired.
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(5) An employee who files a return shall advise the registrar, in the
prescribed form and manner, if the duties described in subsection (1)
cease to be a significant part of their duties or they cease to be employed
by the employer, and shall do so not later than thirty days after the event.
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(6) An employee 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 employee has provided to the
registrar pursuant to this section, and shall do so not later than thirty
days after the request is made.
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(7) In this section, ``employee'' includes an officer who is
compensated for the performance of their duties.
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Clause 6: The heading before section 7 reads as
follows:
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In-House Lobbyists (Organizations) |
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Clause 7: (1) and (2). Subsection 7(2.1) is new.
Subsections 7(1) to (5) read as follows:
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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
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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).
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(2) The senior officer of the organization shall file a return
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(3) The return shall set out the following information:
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(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.
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(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.
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(3) to (6) The definition ``officer responsible for filing
returns'' in subsection 7(6) is new. The definition
``senior officer'' in subsection 7(6) reads as follows:
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``senior officer'', in respect of an organization, means the most senior
officer of the organization who is compensated for the performance
of their duties.
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Clause 8: Subsection 10.2(1) reads as follows:
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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).
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Clause 9: Subsection 10.3(1) reads as follows:
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10.3 (1) The following individuals shall comply with the Code:
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Clause 10: (1) The relevant portion of subsection
10.4(2) reads as follows:
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(2) For the purpose of conducting the investigation, the Ethics
Counsellor may
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(2) New. The relevant portion of subsection 10.4(6)
reads as follows:
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(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
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(3) New.
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Clause 11: Subsection 10.5(2) reads as follows:
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(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.
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Clause 12: The relevant portion of section 12 reads as
follows:
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12. The Governor in Council may make regulations
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Clause 13: New.
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