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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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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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(d) a partnership, association, charitable society, coalition or
interest group,
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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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(d.1) members of a governing body under the constitution of a first
nation named in Schedule II to the Yukon First Nations
Self-Government Act, persons on their staff or employees of such a
governing body;
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(d.2) members of Nisga'a Government, as defined in the Nisga'a
Final Agreement given effect by the Nisga'a Final Agreement Act,
persons on the staff of those members or employees of the Nisga'a
Nation, a Nisga'a Village or a Nisga'a Institution, as defined in that
Agreement;
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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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(b) any oral or written submission made to a public office holder by
an individual on behalf of any person or organization with respect to
the enforcement, interpretation or application of any Act of
Parliament or regulation thereunder by that public office holder and
with respect to that person or organization; or
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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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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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(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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(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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(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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(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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(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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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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(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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(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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(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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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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(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 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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(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
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(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.
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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 senior officer;
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(b) the name and business address of the organization;
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(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;
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(d) a description of the organization's membership and such other
information to identify its membership as is prescribed;
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(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;
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(f) the name of each employee of the organization whose duties
include those described in subsection (1);
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(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;
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(h) particulars to identify the subject-matters in respect of which any
such employee
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(i) has communicated with public office holders during the period
for which the return is filed under subsection (2), and
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(ii) is expected to communicate with public office holders during
the next following six month period,
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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 any such employee
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(i) has communicated during the period for which the return is
required to be filed pursuant to subsection (2), and
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(ii) is expected to communicate during the next following six
month period,
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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 any such employee
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(i) has used during the period for which the return is required to
be filed pursuant to subsection (2), and
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(ii) is expected to use during the next following six month period,
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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 senior officer,
the organization, any employee referred to in paragraph (f) or any
department or institution referred to in paragraph (j) as is prescribed.
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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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(a) an individual who is required to file a return under subsection
5(1) or 6(1); and
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(b) an individual who, in accordance with paragraph 7(3)(f), is
named in a return filed under subsection 7(1).
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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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(a) in the same manner and to the same extent as a superior court of
record,
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(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
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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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(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;
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Clause 13: New.
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