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2nd Session, 37th Parliament,
51 Elizabeth II, 2002
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House of Commons of Canada
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BILL C-15
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An Act to amend the Lobbyists Registration
Act
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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.)
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1. The third paragraph of the preamble
of the Lobbyists Registration Act is replaced
by the following:
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And Whereas it is desirable that public
office holders and the public be able to know
who is engaged in lobbying activities ;
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1995, c. 12,
s. 1(1)
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2. Paragraph (d) of the definition
``organization'' in subsection 2(1) of the Act
is replaced by the following:
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(d) a partnership, trust , association,
charitable society, coalition or interest
group,
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1994, c. 35,
s. 36; 2000,
c. 7, s. 24
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3. (1) Paragraphs 4(1)(d.1) and (d.2) of
the Act are replaced by the following:
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(d.1) members of an aboriginal government
or institution that exercises jurisdiction or
authority under a self-government
agreement, or under self-government
provisions contained in a land claims
agreement, given effect by or under an Act
of Parliament , persons on the staff of those
members or employees of that government
or institution;
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1995, c. 12,
s. 2(2)
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(2) Paragraphs 4(2)(b) and (c) of the Act
are replaced by the following:
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(b) any oral or written communication
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 by
that public office holder with respect to that
person or organization; or
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(c) any oral or written communication
made to a public office holder by an
individual on behalf of any person or
organization if the communication is
restricted to a request for information.
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1995, c. 12,
s. 3
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4. (1) Subsection 5(1) of the Act is
replaced by the following:
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Requirement
to file return
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5. (1) An individual shall file with the
registrar, in the prescribed form and manner,
a return setting out the information referred to
in subsection (2), if the individual , 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 respect of
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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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Time limits
for filing
returns
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(1.1) An individual shall file a return
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(a) not later than ten days after entering into
an undertaking referred to in subsection (1);
and
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(b) subject to subsections (1.2) and (1.3),
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).
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Exception if
change
provided
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(1.2) Where an individual provides a
change to information or newly acquired
information under subsection (3), a return
under paragraph (1.1)(b) shall be filed not
later than thirty days after the expiry of every
six-month period after the last day on which a
change or newly acquired information is
provided under that subsection.
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Completion or
termination of
undertaking
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(1.3) An individual is not required to file a
return under paragraph (1.1)(b) with respect to
an undertaking if the individual completes or
terminates the undertaking and advises the
registrar of that fact in the prescribed form and
manner before the expiry of the period within
which the return must be filed under that
paragraph.
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1995, c. 12,
s. 3; 1999,
c. 31,
s. 163(F)
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(2) Paragraph 5(2)(e.1) of the Act is
replaced by the following:
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(e.1) if the client 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;
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1995, c. 12,
s. 3
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(3) Paragraph 5(2)(f) of the Act is
replaced by the following:
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(f) particulars to identify the subject-matter
in respect of which the individual
undertakes to communicate with a public
office holder or to arrange a meeting, and
any other information respecting the
subject-matter that is prescribed;
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1995, c. 12,
s. 3
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(4) Paragraph 5(2)(g) of the French
version of the Act is replaced by the
following:
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g) le fait, le cas échéant, que le paiement est
constitué en tout ou en partie d'honoraires
conditionnels et donc subordonné à
l'influence qu'il réussit à exercer sur l'une
des mesures visées aux sous-alinéas (1)a)(i)
à (vi);
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1995, c. 12,
s. 3
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(5) Paragraphs 5(2)(i) and (j) of the Act
are replaced by the following:
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(i) the name of any department or other
governmental institution in which any
public office holder with whom the
individual communicates or expects to
communicate in respect of any matter
described in subparagraphs (1)(a)(i) to (vi)
or with whom a meeting is , or is to be,
arranged, is employed or serves;
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(j) if the individual undertakes to
communicate with a public office holder in
respect of any matter described in
subparagraphs (1)(a)(i) to (vi), particulars
to identify any communication technique
that the individual uses or expects to use in
connection with the communication with
the public office holder , including any
appeals to members of the public through
the mass media or by direct communication
that seek to persuade those 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''); and
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1995, c. 12,
s. 3
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(6) Subsection 5(4) of the Act is repealed.
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1995, c. 12,
s. 3
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(7) Subsection 5(7) of the Act is replaced
by the following:
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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 not required to file more than one return
with respect to the undertaking, even though
the individual, in connection with that
undertaking, communicates with more than
one public office holder or communicates
with one or more public office holders on
more than one occasion .
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1995, c. 12,
s. 3; 1999,
c. 21,
s. 164(F)
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5. Section 6 of the Act and the heading
before it are repealed.
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1995, c. 12,
s. 3
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6. The heading before section 7 of the Act
is replaced by the following:
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1995, c. 12,
s. 3
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7. (1) Subsections 7(1) to (4) of the Act are
replaced by the following:
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Requirement
to file return
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7. (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
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(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
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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, or
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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; and
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(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.
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Time limits
for filing
returns
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(2) The officer responsible for filing returns
shall file a return
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(a) not later than two months after the day
on which the requirement to file a return
first arises under subsection (1) ; and
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(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).
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Termination
of activities
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(2.1) The officer responsible for filing
returns is not required to file a return under
paragraph (2)(b) if
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(a) the employer no longer employs any
employees whose duties are as described in
paragraphs (1)(a) and (b); and
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(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).
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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
officer responsible for filing returns ;
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(b) the name and business address of the
employer ;
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(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);
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(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;
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(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;
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(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;
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(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;
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(f) if the employer is an organization , the
name of each employee any part of whose
duties is as described in paragraph (1)(a);
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(f.1) if the employer is a corporation, the
name of
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(i) each senior officer any part of whose
duties is as described in paragraph (1)(a),
and
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(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;
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(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;
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(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;
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(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;
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(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;
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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 a public
office holder is employed or serves, if any
employee named in the return ,
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(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
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(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) ;
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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
employee named in the return
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(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
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(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
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(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).
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Changes to
information
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(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 .
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1995, c. 12,
s. 3
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(2) Subsection 7(5) of the English version
of the Act is replaced by the following:
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Information
requested by
registrar
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(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.
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1995, c. 12,
s. 3
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(3) The definition ``premier dirigeant'' in
subsection 7(6) of the French version of the
Act is repealed.
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1995, c. 12,
s. 3
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(4) The definition ``senior officer'' in
subsection 7(6) of the English version of the
Act is replaced by the following:
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