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42-43-44 ELIZABETH II
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CHAPTER 12
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An Act to amend the Lobbyists Registration
Act and to make related amendments to
other Acts
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[Assented to 15th June, 1995]
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Her Majesty, by and with the advice and
consent of the Senate and House of Commons
of Canada, enacts as follows:
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| R.S., c. 44
(4th Supp.);
1993, c. 12;
1994, c. 35
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1. (1) The definition ``organization'' in
subsection 2(1) of the Lobbyists Registration
Act is replaced by the following:
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``organization
''
« organisation
»
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``organization'' includes
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(a) a business, trade, industry,
professional or voluntary organization,
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(b) a trade union or labour organization,
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(c) a chamber of commerce or board of
trade,
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(d) a partnership, association, charitable
society, coalition or interest group,
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(e) a government, other than the
Government of Canada, and
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(f) a corporation without share capital
incorporated to pursue, without financial
gain to its members, objects of a national,
provincial, patriotic, religious,
philanthropic, charitable, scientific,
artistic, social, professional or sporting
character or other similar objects;
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(2) Subsection 2(1) of the Act is amended
by adding the following in alphabetical
order:
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``Ethics
Counsellor''
« conseiller »
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``Ethics Counsellor'' means the Ethics
Counsellor designated pursuant to section
10.1;
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2. (1) Paragraph 4(1)(d) of the Act is
replaced by the following:
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(d) members of the council of a band as
defined in subsection 2(1) of the Indian Act
or of the council of an Indian band
established by an Act of Parliament,
persons on their staff or employees of such
a council;
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(2) Subsection 4(2) of the Act is amended
by striking out the word ``or'' at the end of
paragraph (a), by adding the word ``or'' at
the end of paragraph (b) and by adding the
following after paragraph (b):
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(c) any oral or written submission made to
a public office holder by an individual on
behalf of any person or organization in
direct response to a written request from a
public office holder, for advice or comment
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).
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3. The headings before section 5 and
sections 5 to 7 of the Act are replaced by the
following:
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| Lobbyists
shall file
return
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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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(a) communicate with a public office holder
in an attempt to influence
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(i) the development of any legislative
proposal by the Government of Canada
or by a member of the Senate or the
House of Commons,
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(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,
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(iii) the making or amendment of any
regulation as defined in subsection 2(1)
of the Statutory Instruments Act,
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(iv) the development or amendment of
any policy or program of the Government
of Canada,
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(v) the awarding of any grant,
contribution or other financial benefit by
or on behalf of Her Majesty in right of
Canada, or
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(vi) the awarding of any contract by or on
behalf of Her Majesty in right of Canada,
or
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(b) arrange a meeting between a public
office holder and any other person,
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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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| Contents of
return
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(2) The return shall set out the following
information with respect to the undertaking:
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(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;
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(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;
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(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;
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(d) where the client is a corporation that is
a subsidiary of any other corporation, the
name and business address of that other
corporation;
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(e) where the client is a coalition, the name
and business address of each corporation or
organization that is a member of the
coalition;
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(e.1) where the client 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 client from that government
or government agency;
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(f) particulars to identify the subject-matter
in respect of which the individual has
undertaken to communicate with a public
office holder or to arrange a meeting, and
such other information respecting the
subject-matter as is prescribed;
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(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);
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(h) particulars to identify any relevant
legislative proposal, Bill, resolution,
regulation, policy, program, grant,
contribution, financial benefit or contract;
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(i) the name of any department or other
governmental institution in which any
public office holder with whom the
individual has communicated or expects to
communicate, or with whom a meeting is to
be or has been arranged, is employed or
serves;
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(j) where the individual has undertaken to
communicate with a public office holder in
an attempt to influence any matter
described in subparagraphs (1)(a)(i) to (vi),
particulars to identify any communication
technique, including appeals to members of
the public through the mass media or by
direct communication that seek to persuade
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''), that the individual has
used or expects to use in an attempt to
influence that matter; and
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(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.
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| Changes to
information
and new
information
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(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.
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| Completion or
termination of
undertaking
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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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| Information
requested by
registrar
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(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.
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| Restriction on
application
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(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.
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| For greater
certainty
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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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| Lobbyists
shall file
return
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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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(a) the development of any legislative
proposal by the Government of Canada or
by a member of the Senate or the House of
Commons,
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(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,
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(c) the making or amendment of any
regulation as defined in subsection 2(1) of
the Statutory Instruments Act,
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(d) the development or amendment of any
policy or program of the Government of
Canada, or
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(e) the awarding of any grant, contribution
or other financial benefit by or on behalf of
Her Majesty in right of Canada,
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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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| Time limits
for filing a
return
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(2) An employee to whom subsection (1)
applies shall file a return
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(a) where the duties described in
subsection (1) commenced to be a
significant part of their duties before the
date on which that subsection comes into
force, within two months after that date;
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(b) where the duties described in
subsection (1) commence to be a
significant part of their duties on or after
that date, within two months after the date
on which those duties commence to be a
significant part of their duties; and
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(c) within two months after the end of each
financial year of the employer or, if the
employer does not have a financial year,
within two months after the end of each
calendar year, beginning with the financial
year or calendar year, as the case may be, in
which the employee is required to file a
return pursuant to paragraph (a) or (b).
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| Contents of
return
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(3) The return shall set out the following
information:
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(a) the name and business address of the
employee;
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(b) the name and business address of the
employer;
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(c) where the employer is a corporation, the
name and business address of each
subsidiary of the corporation that, to the
knowledge of the employee, has a direct
interest in the outcome of the employee's
activities on behalf of the employer;
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(d) where the employer is a corporation that
is a subsidiary of any other corporation, the
name and business address of that other
corporation;
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(e) if applicable, the financial year of the
employer;
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(f) a description in summary form of the
employer's business or activities and such
other information to identify the
employer's business or activities as is
prescribed;
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(f.1) where the employer 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 employer from that
government or government agency;
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(g) where the 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;
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(h) particulars to identify the
subject-matters in respect of which the
employee has communicated or expects to
communicate with public office holders
during the financial year of the employer in
which the return is filed or, if the employer
does not have a financial year, during the
calendar year in which the return is filed, 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;
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(i) particulars to identify any relevant
legislative proposal, Bill, resolution,
regulation, policy, program, grant,
contribution or financial benefit;
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(j) the name of any department or other
governmental institution in which any
public office holder with whom the
employee has communicated or expects to
communicate, in connection with any
matter referred to in paragraph (g) or (h), is
employed or serves;
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(k) particulars to identify any
communication technique, including
grass-roots communication within the
meaning of paragraph 5(2)(j), that the
employee has used or expects to use in an
attempt to influence any matter referred to
in paragraph (g) or (h); and
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(l) such other information relating to the
identity of the employee, the employer, any
subsidiary referred to in paragraph (c), the
other corporation referred to in
paragraph (d) or any department or
institution referred to in paragraph (j) as is
prescribed.
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| Changes to
return and
new
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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| Ceasing duties
or
employment
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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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| Information
requested by
registrar
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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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| Definition of
``employee''
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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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