Bill C-2

Parliament of Canada Act

26. The heading before section 20.1 and sections 20.1 to 20.7 of the Parliament of Canada Act are repealed.

27. The heading before section 72.01 and sections 72.01 to 72.13 of the Act are repealed.

28. The Act is amended by adding the following after section 80:

Conflict of Interest and Ethics Commissioner

81. (1) The Governor in Council shall, by commission under the Great Seal, appoint a Conflict of Interest and Ethics Commissioner after consultation with the leader of every recognized party in the Senate and House of Commons and approval of the appointment by resolution of the Senate and House of Commons.

(2) In order to be appointed under subsection (1), a person must be

(a) a former judge of a superior court in Canada or of any other court whose members are appointed under an Act of the legislature of a province;

(b) a former member of a federal or provincial board, commission or tribunal who, in the opinion of the Governor in Council, has demonstrated expertise in one or more of the following:

(i) conflicts of interest,

(ii) financial arrangements,

(iii) professional regulation and discipline, or

(iv) ethics; or

(c) a former Senate Ethics Officer or former Ethics Commissioner.

(3) The Commissioner is eligible to be reappointed for one or more terms of up to seven years each.

82. (1) The Commissioner holds office during good behaviour for a term of seven years but may be removed for cause by the Governor in Council on address of the Senate and House of Commons.

(2) In the event of the absence or incapacity of the Commissioner, or if that office is vacant, the Governor in Council may appoint any qualified person to hold that office in the interim for a term not exceeding six months, and that person shall, while holding office, be paid the salary or other remuneration and expenses that may be fixed by the Governor in Council.

83. (1) The Commissioner shall be paid the remuneration and expenses set by the Governor in Council.

(2) The Commissioner shall engage exclusively in the duties and functions of the Commissioner and may not hold any office under Her Majesty or engage in any other employment for reward.

84. (1) The Commissioner has the rank of a deputy head of a department of the Government of Canada and has the control and management of the office of the Commissioner.

(2) The Commissioner may, in carrying out the work of the office of the Commissioner, enter into contracts, memoranda of understanding or other arrangements.

(3) The Commissioner may employ any officers and employees and may engage the services of any agents and mandataries, advisers and consultants that the Commissioner considers necessary for the proper conduct of the work of the office of the Commissioner.

(4) The Commissioner may, subject to the conditions he or she sets, authorize any person to exercise any powers under subsection (2) or (3) on behalf of the Commissioner that he or she may determine.

(5) The salaries of the officers and employees of the office of the Commissioner shall be fixed according to the scale provided by law.

(6) The salaries of the officers and employees of the office of the Commissioner, and any casual expenses connected with the office, shall be paid out of moneys provided by Parliament for that purpose.

(7) Prior to each fiscal year, the Commissioner shall cause to be prepared an estimate of the sums that will be required to pay the charges and expenses of the office of the Commissioner during the fiscal year.

(8) The estimate referred to in subsection (7) shall be considered by the Speaker of the Senate and the Speaker of the House of Commons and then transmitted to the President of the Treasury Board, who shall lay it before the Senate and the House of Commons with the estimates of the Government for the fiscal year.

85. The mandate of the Commissioner is to

(a) carry out the functions of the Commissioner referred to in sections 86 to 88; and

(b) provide confidential policy advice and support to the Prime Minister in respect of conflict of interest and ethical issues in general.

86. (1) The Commissioner shall perform the duties and functions assigned by the Senate for governing the conduct of members of the Senate when they are carrying out the duties and functions of their office as members of the Senate.

(2) The duties and functions of the Commissioner under subsection (1) are carried out within the institution of the Senate. The Commissioner enjoys the privileges and immunities of the Senate and its members when carrying out those duties and functions.

(3) The Commissioner shall carry out those duties and functions under the general direction of any committee of the Senate that may be designated or established by the Senate for that purpose.

(4) For greater certainty, the general direction of the committee referred to in subsection (3) does not include the administration of the Conflict of Interest Act in respect of ministers of the Crown, ministers of state or parliamentary secretaries acting in their capacity as ministers of the Crown, ministers of state or parliamentary secretaries.

(5) For greater certainty, this section shall not be interpreted as limiting in any way the powers, privileges, rights and immunities of the Senate or its members.

87. (1) The Commissioner shall perform the duties and functions assigned by the House of Commons for governing the conduct of its members when they are carrying out the duties and functions of their office as members of that House.

(2) The duties and functions of the Commissioner under subsection (1) are carried out within the institution of the House of Commons. The Commissioner enjoys the privileges and immunities of the House of Commons and its members when carrying out those duties and functions.

(3) The Commissioner shall carry out those duties and functions under the general direction of any committee of the House of Commons that may be designated or established by that House for that purpose.

(4) For greater certainty, the general direction of the committee referred to in subsection (3) does not include the administration of the Conflict of Interest Act in respect of ministers of the Crown, ministers of state or parliamentary secretaries acting in their capacity as ministers of the Crown, ministers of state or parliamentary secretaries.

(5) For greater certainty, this section shall not be interpreted as limiting in any way the powers, privileges, rights and immunities of the House of Commons or its members.

88. The Commissioner shall, in relation to public office holders, perform the duties and functions assigned to the Commissioner under the Conflict of Interest Act.

89. (1) Personal information collected by the Commissioner shall not, without the consent of the individual to whom it relates, be used by the Commissioner except for the purpose for which the information was obtained or for a use consistent with that purpose.

(2) The purpose for which information referred to in subsection (1) was obtained is determined by the section of this Act under which the Commissioner was acting when he or she obtained the information.

90. The Commissioner may authorize any person to exercise or perform, subject to any restrictions or limitations that the Commissioner may specify, any of the powers, duties or functions of the Commissioner under this Act or the Conflict of Interest Act except the power to delegate under this section.

91. (1) Within three months after the end of each fiscal year, the Commissioner shall submit

(a) a report on his or her activities under section 86 for that year to the Speaker of the Senate, who shall table the report in that House;

(b) a report on his or her activities under section 87 for that year to the Speaker of the House of Commons, who shall table the report in that House; and

(c) a report on his or her activities under section 88 for that year to the Speaker of the Senate and the Speaker of the House of Commons, who shall each table the report in the House over which he or she presides.

(2) The Commissioner may not include in the annual reports any information that he or she is required to keep confidential, including confidences of the Queen’s Privy Council for Canada.

Parliamentary Employment and Staff Relations Act

29. The long title of the Parliamentary Employment and Staff Relations Act is replaced by the following:

An Act respecting employment and employer and employee relations in the Senate, House of Commons, Library of Parliament and office of the Conflict of Interest and Ethics Commissioner

30. Paragraph 2(a) of the Act is replaced by the following:

(a) the Senate, House of Commons, Library of Parliament or office of the Conflict of Interest and Ethics Commissioner, and

31. The definition “employer” in section 3 of the Act is amended by adding the word “or” at the end of paragraph (c) and by replacing paragraphs (d) and (e) with the following:

(d) the office of the Conflict of Interest and Ethics Commissioner as represented by the Conflict of Interest and Ethics Commissioner;

32. Paragraphs 85(c.1) and (c.2) of the Act are replaced by the following:

(c.1) the office of the Conflict of Interest and Ethics Commissioner as represented by the Conflict of Interest and Ethics Commissioner; or

Public Service Superannuation Act

33. The definition “public service” in subsection 3(1) of the Public Service Superannuation Act is replaced by the following:

“public service” means the several positions in or under any department or portion of the executive government of Canada, except those portions of departments or portions of the executive government of Canada prescribed by the regulations and, for the purposes of this Part, of the Senate, House of Commons, Library of Parliament and office of the Conflict of Interest and Ethics Commissioner and any board, commission, corporation or portion of the federal public administration specified in Schedule I;

Radiocommunication Act

34. Subsections 3(1) and (2) of the Radiocommunication Act are replaced by the following:

3. (1) Subject to subsection (2), this Act is binding on Her Majesty in right of Canada, on the Senate, House of Commons, Library of Parliament and office of the Conflict of Interest and Ethics Commissioner and on Her Majesty in right of a province.

(2) The Governor in Council may by order exempt Her Majesty in right of Canada, or the Senate, House of Commons, Library of Parliament or office of the Conflict of Interest and Ethics Commissioner, as represented by the person or persons named in the order, from any or all provisions of this Act or the regulations, and such an exemption may be

(a) in the case of an exemption of Her Majesty in right of Canada, in respect of Her Majesty in right of Canada generally, or only in respect of a department or other body named in the order;

(b) either absolute or qualified; and

(c) of either general or specific application.

Coordinating Amendments

35. On the day on which section 66 of this Act comes into force, section 42 of the Conflict of Interest Act, as enacted by section 2 of this Act, is replaced by the following:

42. For greater certainty, no exemption granted in respect of a person under section 38 and no waiver or reduction granted in respect of a person under 39 affects any obligation or prohibition that applies to that person under the Lobbying Act.

36. On the day on which section 66 of this Act comes into force, subsection 37(1) of the Conflict of Interest Act, as enacted by section 2 of this Act, is replaced by the following:

37. (1) A former reporting public office holder who, during the applicable period under section 36, has any communication referred to in paragraph 5(1)(a) of the Lobbying Act or arranges a meeting referred to in paragraph 5(1)(b) of that Act shall report that communication or meeting to the Commissioner.

37. On the later of the day on which section 45 of the Conflict of Interest Act comes into force and the day on which subsection 24(3) of the Public Servants Disclosure Protection Act comes into force — or, if those days are the same day, then on that day — the Conflict of Interest Act is amended by adding the following after section 66:

67. If a matter is referred to the Commissioner under subsection 24(3) of the Public Servants Disclosure Protection Act, the Commissioner shall

(a) provide the Prime Minister with a report setting out the facts in question as well as the Commissioner’s analysis and conclusions;

(b) provide a copy of the report to the public office holder or former public office holder who is the subject of the report;

(c) provide a copy of the report to the Public Sector Integrity Commissioner; and

(d) make the report available to the public.

38. On the later of the day on which section 5 of this Act comes into force and the day on which section 99 of this Act comes into force — or, if those days are the same day, then on that day — subsection 2(2) of the Federal Courts Act is replaced by the following:

(2) For greater certainty, the expression “federal board, commission or other tribunal”, as defined in subsection (1), does not include the Senate, the House of Commons, any committee or member of either House or the Conflict of Interest and Ethics Commissioner with respect to the exercise of the jurisdiction or powers referred to in sections 41.1 to 41.3, 86 and 87 of the Parliament of Canada Act.

Canada Elections Act

Amendments to Act

39. The portion of subsection 2(2) of the Canada Elections Act before paragraph (a) is replaced by the following:

(2) For the purposes of this Act, other than section 92.2, the commercial value of property or a service is deemed to be nil if

40. The Act is amended by adding the following after section 92:

Gifts and Other Advantages

92.1 For the purposes of sections 92.2 to 92.6, a candidate is deemed to have become a candidate on the earlier of

(a) the day on which he or she is selected at a nomination contest, and

(b) the day on which the writ is issued for the election.

92.2 (1) No candidate shall accept any gift or other advantage that might reasonably be seen to have been given to influence him or her in the performance of his or her duties and functions as a member, were the candidate to be elected, during the period that

(a) begins on the day on which he or she becomes a candidate; and

(b) ends on the day on which he or she withdraws, in the case of a candidate who withdraws in accordance with subsection 74(1), on the day on which he or she becomes a member, in the case of a candidate who is elected, and on polling day, in any other case.

(2) Despite subsection (1), a candidate may accept a gift or other advantage that is given by a relative or as a normal expression of courtesy or protocol.

(3) The candidate shall provide the Chief Electoral Officer with a statement in the prescribed form that discloses, in respect of all gifts or other advantages that the candidate accepted during the period referred to in subsection (1) whose benefit to the candidate exceeds $500 or, if accepted from the same person or entity in that period, exceeds a total of $500, other than gifts or other advantages given by relatives or made by way of an unconditional, non-discretionary testamentary disposition,

(a) the nature of each gift or other advantage, its commercial value and the cost, if any, to the candidate;

(b) the name and address of the person or entity giving the gift or other advantage; and

(c) the circumstances under which the gift or other advantage was given.

(4) For the purposes of subsection (3), the benefit to a candidate of a gift or other advantage that is a service or property, or the use of property or money, is the difference between the commercial value of the service or property or the use of the property or money and the cost, if any, to the candidate.

(5) The candidate shall provide the statement to the Chief Electoral Officer within four months after

(a) polling day; or

(b) the publication of a notice of the withdrawal or deemed withdrawal of the writ for the election.

(6) The following definitions apply in this section.

“common-law partnership” means the relationship between two persons who are cohabiting in a conjugal relationship, having so cohabited for a period of at least one year.

“gift or other advantage” means

(a) an amount of money if there is no obligation to repay it; and

(b) a service or property, or the use of property or money, that is provided without charge or at less than its commercial value.

It does not include a contribution made by an eligible individual under Part 18 to the official agent of a candidate that does not exceed the limits set out in that Part, or a provision of goods or services or a transfer of funds under section 404.2.

“relative”, in respect of a candidate, means a person related to the candidate by marriage, common-law partnership, birth, adoption or affinity.

92.3 (1) The Chief Electoral Officer, on the written application of a candidate, may authorize

(a) the extension of the period provided in subsection 92.2(5); or

(b) the correction, within a specified period, of the statement referred to in subsection 92.2(3).

(2) An application may be made

(a) under paragraph (1)(a), within the period provided in subsection 92.2(5); and

(b) under paragraph (1)(b), as soon as the candidate becomes aware of the need for correction.

(3) The Chief Electoral Officer may not authorize an extension or correction unless he or she is satisfied by the evidence submitted by the candidate in writing that the circumstances giving rise to the application arose by reason of

(a) the illness of the candidate; or

(b) inadvertence or an honest mistake of fact.

92.4 (1) A candidate may apply to a judge who is competent to conduct a recount for an order authorizing an extension referred to in paragraph 92.3(1)(a) or a correction referred to in paragraph 92.3(1)(b). The applicant shall notify the Chief Electoral Officer of the application.

(2) An application may be made within two weeks after

(a) the rejection of an application, made in accordance with section 92.3, for the extension or correction; or

(b) the expiry of the extended period or specified period authorized under paragraph 92.3(1)(a) or (b).

(3) A judge may not grant an order unless he or she is satisfied that the circumstances giving rise to the application arose by reason of a factor referred to in either paragraph 92.3(3)(a) or (b).

(4) An order under subsection (1) may require that the candidate satisfy any condition that the judge considers necessary for carrying out the purposes of this Act.

92.5 (1) The Chief Electoral Officer shall retain in his or her possession the statements referred to in subsection 92.2(3) for at least one year after the return of the writ for the election.

(2) The Chief Electoral Officer shall keep confidential the statements provided under subsection 92.2(3).

(3) Subsection (2) does not prohibit the Commissioner from inspecting the statements referred to in that subsection, and any of those statements may be provided to the Director of Public Prosecutions and produced by that Director for the purpose of a prosecution for an offence under this Act.

92.6 No candidate shall provide the Chief Electoral Officer with a statement referred to in subsection 92.2(3) that

(a) the candidate knows or ought reasonably to know contains a material statement that is false or misleading; or

(b) does not substantially set out the information required by that subsection.

41. (1) Subsection 403.35(1) of the Act is amended by adding the word “and” at the end of paragraph (b), by striking out the word “and” at the end of paragraph (c) and by repealing paragraph (d).

(2) Paragraphs 403.35(2)(a) to (d) of the Act are replaced by the following:

(a) a statement of contributions received by the registered association;

(b) the number of contributors;

(c) the name and address of each contributor who made contributions of a total amount of more than $200 to the registered association, that total amount, as well as the amount of each such contribution and the date on which it was received by the association;

42. Section 403.36 of the Act is replaced by the following:

403.36 The financial agent of a registered association shall, without delay, pay an amount of money equal to the value of a contribution received by the association to the Chief Electoral Officer, who shall forward it to the Receiver General, if the name of the contributor of a contribution of more than $20, or the name or the address of the contributor having made contributions of a total amount of more than $200, is not known.

43. Section 404.1 of the Act is repealed.

44. (1) The portion of subsection 404.2(2) of the Act before paragraph (a) is replaced by the following:

(2) A provision of goods or services is permitted and is not a contribution for the purposes of this Act if it is

(2) Section 404.2 of the Act is amended by adding the following after subsection (2):

(2.1) A transfer of funds is permitted and is not a contribution for the purposes of this Act if it is

(a) from a registered party to an electoral district association of the party;

(b) from a registered association to the party with which it is affiliated or another registered association of the party;

(c) from a candidate endorsed by a registered party to the party or a registered association of the party; or

(d) from a candidate to himself or herself in his or her capacity as a nomination contestant in respect of the same election.

(2.2) A transfer of funds, other than trust funds, is permitted and is not a contribution for the purposes of this Act if it is

(a) from a registered party to a candidate endorsed by the party; or

(b) from a registered association to a candidate endorsed by the party with which the association is affiliated.

(3) Subsections 404.2(4) and (5) of the Act are replaced by the following:

(5) The provision, by an employer, of a paid leave of absence during an election period to an employee for the purpose of allowing the employee to be a nomination contestant or candidate is not a contribution.

45. (1) Subsection 404.4(1) of the Act is replaced by the following:

404.4 (1) Any person who is authorized to accept contributions on behalf of a registered party, a registered association, a candidate, a leadership contestant or a nomination contestant shall issue a receipt — of which he or she shall keep a copy — for each contribution of more than $20 that he or she accepts.

(2) The portion of subsection 404.4(2) of the Act before paragraph (a) is replaced by the following:

(2) If anonymous contributions of $20 or less per person are collected in response to a general solicitation at a meeting or fundraising event related to the affairs of a registered party, a registered association, a candidate, a leadership contestant or a nomination contestant, the person authorized to accept those contributions must record the following:

46. (1) Subsection 405(1) of the Act is replaced by the following:

405. (1) No individual shall make contributions that exceed

(a) $1,000 in total in any calendar year to a particular registered party;

(a.1) $1,000 in total in any calendar year to the registered associations, nomination contestants and candidates of a particular registered party;

(b) $1,000 in total to a candidate for a particular election who is not the candidate of a registered party; and

(c) $1,000 in total to the leadership contestants in a particular leadership contest.

(2) Subsection 405(3) of the Act is replaced by the following:

(3) For the purposes of subsection (1), a contribution to a person who presents himself or herself as seeking the endorsement of a particular registered party shall be treated as a contribution referred to in paragraph (1)(a.1) to a candidate of that party and a contribution to a person who presents himself or herself as seeking to be a candidate not endorsed by any registered party shall be treated as a contribution referred to in paragraph (1)(b).

(3) Paragraphs 405(4)(a) to (c) of the Act are replaced by the following:

(a) contributions that do not exceed $1,000 in total by a nomination contestant or candidate of a registered party out of his or her own funds to his or her own campaign as a nomination contestant or candidate;

(b) contributions that do not exceed $1,000 in total by a candidate for a particular election who is not the candidate of a registered party out of his or her own funds to his or her own campaign; and

(c) contributions that do not exceed $1,000 in total by a leadership contestant in a particular leadership contest out of his or her own funds to his or her own campaign.

47. (1) The portion of subsection 405.1(1) of the Act before paragraph (a) is replaced by the following:

405.1 (1) The inflation adjustment factor applicable to the limits established under subsection 405(1), in effect for a period of one year beginning on each April 1, is a fraction with

(2) Subsection 405.1(2) of the Act is replaced by the following:

(2) The amounts set out in subsection 405(1) shall be multiplied by the inflation adjustment factor referred to in subsection (1) for any given year and the resulting amounts apply

(a) in the cases referred to in paragraphs 405(1)(a) and (a.1), during the calendar year that commences in that year;

(b) in the case referred to in paragraph 405(1)(b), with respect to an election whose writ is issued during that year; and

(c) in the case referred to in paragraph 405(1)(c), with respect to a leadership contest that begins during that year.

The resulting amounts shall be rounded to the nearest hundred dollars.

48. (1) Paragraph 405.2(1)(a) of the Act is replaced by the following:

(a) circumvent, or attempt to circumvent, the prohibition under subsection 404(1) or a limit set out in subsection 405(1) or section 405.31; or

(2) Subsection 405.2(4) of the Act is replaced by the following:

(4) No person or entity shall enter into an agreement for the provision for payment of goods or services to a registered party or a candidate that includes a term that any individual will make a contribution, directly or indirectly, to a registered party, a registered association, a candidate, a leadership contestant or a nomination contestant.

49. Sections 405.3 and 405.4 of the Act are replaced by the following:

405.3 No individual shall make a contribution to a registered party, a registered association, a candidate or a leadership contestant or a nomination contestant that comes from money, property or the services of any person or entity that was provided to that individual for that purpose.

405.31 No individual shall, in respect of each contribution made under this Part, contribute cash in an amount that exceeds $20.

405.4 If a registered party, a registered association, a candidate, a leadership contestant or a nomination contestant receives a contribution made in contravention of subsection 405(1) or 405.2(4) or section 405.3 or 405.31, the chief agent of the registered party, the financial agent of the registered association, the official agent of the candidate or the financial agent of the leadership contestant or nomination contestant, as the case may be, shall, within 30 days after becoming aware of the contravention, return the contribution unused to the contributor, or, if that is not possible, pay the amount of it or, in the case of a non-monetary contribution, an amount of money equal to its commercial value, to the Chief Electoral Officer who shall forward that amount to the Receiver General.

50. Section 425 of the Act is replaced by the following:

425. A registered agent of a registered party shall, without delay, pay an amount of money equal to the value of a contribution received by the registered party, to the Chief Electoral Officer, who shall forward it to the Receiver General, if the name of the contributor of a contribution of more than $20, or the name or the address of the contributor having made contributions of a total amount of more than $200, is not known.

51. Section 435.32 of the Act is replaced by the following:

435.32 The financial agent of a leadership contestant shall, without delay, pay an amount of money equal to the value of a contribution that the contestant received to the Chief Electoral Officer, who shall forward it to the Receiver General, if the name of the contributor of a contribution of more than $20, or the name or the address of the contributor having made contributions of a total amount of more than $200, is not known.

52. (1) Paragraphs 451(2)(f) to (h.1) of the Act are replaced by the following:

(f) a statement of contributions received;

(g) the number of contributors;

(h) the name and address of each contributor who made contributions of a total amount of more than $200 to the candidate, that total amount, as well as the amount of each such contribution and the date on which it was received by the candidate;

(2) Subsection 451(2.1) of the Act is replaced by the following:

(2.1) Together with the electoral campaign return, the official agent of a candidate shall provide to the Chief Electoral Officer documents evidencing expenses set out in the return, including bank statements, deposit slips, cancelled cheques and the candidate’s written statement concerning personal expenses referred to in subsection 456(1).

53. Section 452 of the Act is replaced by the following:

452. An official agent of a candidate shall, without delay, pay an amount of money equal to the value of a contribution that the candidate received to the Chief Electoral Officer, who shall forward it to the Receiver General, if the name of the contributor of a contribution of more than $20, or the name or the address of the contributor having made contributions of a total amount of more than $200, is not known.

54. (1) Paragraphs 478.23(2)(d) to (g) of the Act are replaced by the following:

(d) a statement of contributions received;

(e) the number of contributors;

(f) the name and address of each contributor who made contributions of a total amount of more than $200 to the nomination contestant, that total amount, as well as the amount of each such contribution and the date on which it was received by the contestant;

(2) Subsection 478.23(3) of the Act is replaced by the following:

(3) Together with the nomination campaign return, the financial agent of a nomination contestant shall provide to the Chief Electoral Officer documents evidencing expenses set out in the return, including bank statements, deposit slips, cancelled cheques and the contestant’s written statement concerning personal expenses referred to in subsection 478.31(1).

55. Section 478.24 of the Act is replaced by the following:

478.24 The financial agent of a nomination contestant shall, without delay, pay an amount of money equal to the value of a contribution received by the contestant to the Chief Electoral Officer, who shall forward it to the Receiver General, if the name of the contributor of a contribution of more than $20, or the name or the address of the contributor having made contributions of a total amount of more than $200, is not known.

56. (1) Subsection 486(1) of the Act is replaced by the following:

486. (1) Every candidate who contravenes subsection 83(1) (failure to appoint official agent) or 83(2) (failure to appoint auditor), section 87 (failure to appoint a replacement official agent or auditor), subsection 92.2(1) (accepting prohibited gift or other advantage) or 92.2(5) (failure to provide statement within required period) or paragraph 92.6(1)(b) (providing incomplete statement) is guilty of an offence.

(2) Subsection 486(3) of the French version of the Act is replaced by the following:

(3) Subsection 486(3) of the Act is amended by striking out the word “or” at the end of paragraph (c) and by adding the following after paragraph (d):

(e) being a candidate, wilfully contravenes subsection 92.2(1) (accepting prohibited gift or other advantage);

(f) being a candidate, wilfully contravenes subsection 92.2(5) (failure to provide statement within required period); or

(g) being a candidate, contravenes paragraph 92.6(1)(a) (providing statement containing false or misleading information) or knowingly contravenes paragraph 92.6(1)(b) (providing incomplete statement).

57. (1) Paragraph 497(1)(i.6) of the Act is replaced by the following:

(i.6) being an individual, contravenes section 405.3 (making indirect contributions);

(2) Paragraphs 497(3)(f.17) and (f.18) of the Act are replaced by the following:

(f.17) being an individual, wilfully contravenes section 405.3 (making indirect contributions);

(f.18) being an individual, wilfully contravenes section 405.31 (exceeding cash contribution limit);

58. Subsection 502(2) of the Act is amended by adding the following after paragraph (f):

(f.1) being a candidate, wilfully contravenes subsection 92.2(1) (accepting prohibited gift or other advantage);

59. Subsection 514(1) of the Act is replaced by the following:

514. (1) A prosecution for an offence under this Act may be instituted at any time but not later than five years after the day on which the Commissioner became aware of the facts giving rise to the prosecution but, in any case, not later than 10 years after the day on which the offence was committed.

Transitional Provisions

60. Sections 403.35 and 403.36 of the Canada Elections Act, as they read immediately before the coming into force of this section, apply with respect to the documents that a registered association must provide in relation to the fiscal period ending after the coming into force of this section.

61. If a candidate was, before the coming into force of this section, deemed under section 365 of the Canada Elections Act to have been a candidate, then section 451 of that Act, as it read immediately before the coming into force of this section, applies with respect to the documents that the official agent of the candidate must provide in relation to the election next following the coming into force of this section.

62. If a nomination contestant was, before the coming into force of this section, deemed under section 478.03 of the Canada Elections Act to have been a nomination contestant, then section 478.23 of that Act, as it read immediately before the coming into force of this section, applies with respect to the documents that the financial agent of the nomination contestant must provide in relation to the nomination campaign of that contestant.

Consequential Amendments

Income Tax Act

63. Subparagraph 98.1(1)(d)(i) of the Income Tax Act is replaced by the following:

(i) by reason of paragraph (b), the taxpayer shall, except for the purposes of subsections 110.1(4) and 118.1(8), be deemed not to be a member of the partnership, and

64. (1) The portion of subsection 127(4.1) of the Act before paragraph (a) is replaced by the following:

(4.1) For the purpose of subsections (3) and (3.1), a monetary contribution made by a taxpayer may be in the form of cash or of a negotiable instrument issued by the taxpayer. However, it does not include

(2) Subsection 127(4.2) of the Act is repealed.

Lobbyists Registration Act

Amendments to Act

65. The long title of the Lobbyists Registration Act is replaced by the following:

An Act respecting lobbying

66. Section 1 of the Act is replaced by the following:

1. This Act may be cited as the Lobbying Act.

67. (1) The definition “registrar” in subsection 2(1) of the Act is repealed.

(2) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:

“senior public office holder” means

(a) a minister of the Crown or a minister of state and any person employed in his or her office who is appointed under subsection 128(1) of the Public Service Employment Act,

(b) any individual who, in a department as defined in section 2 of the Financial Administration Act,

(i) occupies the senior executive position, whether by the title of deputy minister, chief executive officer or by some other title, or

(ii) is an associate deputy minister or an assistant deputy minister or occupies a position of comparable rank, and

(c) any individual who occupies a position that has been designated by regulation under paragraph 12(c.1).

(3) Section 2 of the Act is amended by adding the following after subsection (2):

(3) Any person identified by the Prime Minister as having had the task of providing support and advice to him or her during the transition period leading up to the swearing in of the Prime Minister and his or her ministry is subject to this Act, except subsections 10.11(2) to (4), as if the person were a senior public office holder during that period.

68. The Act is amended by adding the following after section 4:

OFFICE OF THE COMMISSIONER OF LOBBYING

Commissioner of Lobbying

4.1 (1) The Governor in Council shall, by commission under the Great Seal, appoint a Commissioner of Lobbying after consultation with the leader of every recognized party in the Senate and House of Commons and approval of the appointment by resolution of the Senate and House of Commons.

(2) Subject to this section, the Commissioner holds office during good behaviour for a term of seven years, but may be removed for cause by the Governor in Council at any time on address of the Senate and House of Commons.

(3) The Commissioner, on the expiry of a first or any subsequent term of office, is eligible to be reappointed for a further term not exceeding seven years.

(4) In the event of the absence or incapacity of the Commissioner, or if that office is vacant, the Governor in Council may appoint any qualified person to hold that office in the interim for a term not exceeding six months, and that person shall, while holding office, be paid the salary or other remuneration and expenses that may be fixed by the Governor in Council.

4.2 (1) The Commissioner has the rank and powers of a deputy head of a department, shall engage exclusively in the duties of the office of Commissioner under this Act or any other Act of Parliament and shall not hold any other office or employment for reward.

(2) The Commissioner’s duties and functions, in addition to those set out elsewhere in this Act, include developing and implementing educational programs to foster public awareness of the requirements of this Act, particularly on the part of lobbyists, their clients and public office holders.

(3) The Commissioner shall be paid the remuneration and expenses set by the Governor in Council.

(4) The provisions of the Public Service Superannuation Act, other than those relating to tenure of office, apply to the Commissioner, except that a person appointed as Commissioner from outside the public service, as defined in the Public Service Superannuation Act, may, by notice in writing given to the President of the Treasury Board not more than 60 days after the date of appointment, elect to participate in the pension plan provided in the Diplomatic Service (Special) Superannuation Act, in which case the provisions of that Act, other than those relating to tenure of office, apply to the Commissioner from the date of appointment and the provisions of the Public Service Superannuation Act do not apply.

(5) The Commissioner is deemed to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act.

Staff

4.3 (1) Any officers and employees that are necessary to enable the Commissioner to perform the duties and functions of the Commissioner under this Act or any other Act of Parliament shall be appointed in accordance with the Public Service Employment Act.

(2) The Commissioner may engage on a temporary basis the services of persons having technical or specialized knowledge of any matter relating to the work of the Commissioner to advise and assist the Commissioner in the performance of the duties and functions of the Commissioner under this Act or any other Act of Parliament and, with the approval of the Treasury Board, may fix and pay the remuneration and expenses of those persons.

Delegation

4.4 The Commissioner may authorize any person to exercise or perform, subject to any restrictions or limitations that the Commissioner may specify, any of the powers, duties or functions of the Commissioner under this Act except

(a) the power to delegate under this section; and

(b) those set out in subsections 10(1), 10.2(1), 10.5(1) and sections 11, 11.1, 14.01 and 14.02.

69. (1) Subsections 5(1.1) to (1.3) of the Act are replaced by the following:

(1.1) An individual shall file the return referred to in subsection (1) not later than 10 days after entering into the undertaking.

(2) Paragraph 5(2)(g) of the Act is replaced by the following:

(g) the fact that it does not provide for any payment that is in whole or in part contingent on the outcome of any matter described in subparagraphs (1)(a)(i) to (vi) or on the individual’s success in arranging a meeting referred to in paragraph (1)(b);

(3) Paragraph 5(2)(h.1) of the Act is replaced by the following:

(h.1) if the individual is a former public officer holder, a description of the offices held, which of those offices, if any, qualified the individual as a senior public office holder and the date on which the individual last ceased to hold such a senior public office;

(4) Subsection 5(3) of the Act is replaced by the following:

(3) The individual shall file a return, in the prescribed form and manner, not later than 15 days after the end of every month, beginning with the one in which the return is filed under subsection (1), that

(a) sets out, with respect to every communication referred to in paragraph (1)(a) that is of a prescribed type and that was made in that month involving a senior public office holder and relating to the undertaking,

(i) the name of the senior public office holder who was the object of the communication,

(ii) the date of the communication,

(iii) particulars, including any prescribed particulars, to identify the subject-matter of the communication, and

(iv) any other information that is prescribed;

(b) if any information contained in the return filed under subsection (1) is no longer correct or additional information that the individual would have been required to provide under that subsection has come to the knowledge of the individual after the return was filed, provides the corrected or additional information; and

(c) if the undertaking has been performed or terminated, advises the Commissioner of that fact.

(4) The first return filed under subsection (3) shall, despite paragraph (3)(a), set out the information required by that paragraph in respect of communications made between the day on which the undertaking referred to in subsection (1) was entered into and the end of the month immediately before the filing of the return.

(4.1) Subject to subsection (4.2), no return is required under subsection (3) if no communication referred to in paragraph (3)(a) was made during the period with respect to which the return is to set out information, and if the circumstances referred to in paragraphs (3)(b) and (c) have not arisen.

(4.2) In any case, no more than five months shall have elapsed since the end of the month in which a return was last filed without a return being filed by the individual under subsection (3), even if, since the last return, no communication was made as referred to in paragraph (3)(a) and the circumstances referred to in paragraphs (3)(b) and (c) have not arisen, in which case the report shall so state.

(4.3) The obligation to file a return under subsection (3) terminates when the undertaking has been performed or is terminated and a report has been filed under that subsection advising of that fact in accordance with paragraph (3)(c).

(5) Subsection 5(7) of the Act is replaced by the following:

(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 under subsection (1) 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.

70. (1) Subsections 7(2) and (2.1) of the Act are replaced by the following:

(2) The officer responsible for filing returns shall file a return not later than two months after the day on which the requirement to file a return first arises under subsection (1).

(2) Paragraphs 7(3)(f.1) to (h.3) of the Act are replaced by the following:

(f.1) if the employer is a corporation,

(i) a list including the name of each senior officer or employee a significant part of whose duties is as described in paragraph (1)(a), and

(ii) a second list including the name of each other senior officer any part of whose duties is as described in paragraph (1)(a) but without constituting a significant part;

(g) particulars to identify the subject-matter of any communication that any employee named in the return has made or is expected to make with a public office holder in respect of any matter described in subparagraphs (1)(a)(i) to (v) and any other information respecting that subject-matter that is prescribed;

(h) if any employee named in the return is a former public office holder, a description of the offices held, which of those offices, if any, qualified the employee as a senior public office holder and the date on which the employee last ceased to hold such a senior public office;

(3) Paragraphs 7(3)(j) and (k) of the Act are replaced by the following:

(j) the name of any department or other governmental institution in which any public office holder with whom any employee named in the return communicates or is expected to communicate in respect of any matter described in subparagraphs (1)(a)(i) to (v) 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 employee named in the return uses or is expected to use in connection with any communication in respect of any matter described in subparagraphs (1)(a)(i) to (v); and

(4) Subsection 7(4) of the Act is replaced by the following:

(4) The officer responsible for filing returns shall file a return, in the prescribed form and manner, not later than 15 days after the end of every month, beginning with the one in which the return is filed under subsection (1), that

(a) sets out, with respect to every communication referred to in paragraph (1)(a) that is of a prescribed type and that was made in that month involving a senior public office holder,

(i) the name of the senior public office holder who was the object of the communication,

(ii) the date of the communication,

(iii) particulars, including any prescribed particulars, to identify the subject-matter of the communication, and

(iv) any other information that is prescribed;

(b) if any information contained in the return filed under subsection (1) is no longer correct or additional information that the officer would have been required to provide under that subsection has come to the knowledge of the officer after the return was filed, provides the corrected or additional information; and

(c) if the employer no longer employs any employees whose duties are as described in paragraphs (1)(a) and (b), advises the Commissioner of that fact.

(4.1) The first return filed under subsection (4) shall, despite paragraph (4)(a), set out the information required by that paragraph in respect of communications made between the day on which the requirement to file a return first arose under subsection (1) and the end of the month immediately before the filing of the return.

(4.2) Subject to subsection (4.3), no return is required under subsection (4) if no communication referred to in paragraph (4)(a) was made during the period with respect to which the return is to set out information and if the circumstances referred to in paragraphs (4)(b) and (c) have not arisen.

(4.3) In any case, no more than five months shall have elapsed since the end of the month in which a return was last filed without a return being filed under subsection (4), even if, since the last return, no communication was made as referred to in paragraph (4)(a) and the circumstances referred to in paragraphs (4)(b) and (c) have not arisen, in which case the report shall so state.

(4.4) The obligation to file a return under subsection (4) terminates when the employer no longer employs any employees whose duties are as described in paragraphs (1)(a) and (b) and a report has been filed under that subsection advising of that fact in accordance with paragraph (4)(c).

71. Section 8 of the Act is repealed.

72. (1) Subsection 9(1) of the Act is replaced by the following:

9. (1) The Commissioner shall establish and maintain a registry in which shall be kept a record of all returns and other documents submitted to the Commissioner under this Act and of any information sent under subsection 9.1(1) and responses provided relative to that information.

(2) Section 9 of the Act is amended by adding the following after subsection (3):

(3.1) Every individual who is required to submit returns or other documents referred to in subsection (1), or to provide responses referred to in that subsection, shall provide in the prescribed time, manner and form any clarification or correction to them that the Commissioner requires.

73. The Act is amended by adding the following after section 9:

9.1 (1) The Commissioner may send to any present or former senior public office holder information derived from that referred to in paragraph 5(3)(a) or 7(4)(a) and provided in returns filed under subsection 5(3) or 7(4) in order that the office holder — in the prescribed time, manner and form — confirm to the Commissioner its accuracy and completeness or correct and complete it.

(2) The Commissioner may, in a report under section 11 or 11.1, report on the failure by a present or former senior public office holder to respond relative to information sent under subsection (1) or the provision by such a person of an unsatisfactory response.

74. Subsection 10(1) of the Act is replaced by the following:

10. (1) The Commissioner may issue advisory opinions and interpretation bulletins with respect to the enforcement, interpretation or application of this Act other than under sections 10.2 to 10.5.

75. The Act is amended by adding the following after section 10:

LOBBYISTS’ REMUNERATION

10.1 (1) An individual who is required to file a return under subsection 5(1) shall not receive any payment that is in whole or in part contingent on the outcome of any matter described in subparagraphs 5(1)(a)(i) to (vi) or on the individual’s success in arranging a meeting referred to in paragraph 5(1)(b).

(2) The client of an individual referred to in subsection (1) shall not make any such payment to the individual.

RESTRICTION ON LOBBYING ACTIVITY

10.11 (1) No individual shall, during a period of five years after the day on which the individual ceases to be a senior public office holder,

(a) carry on any of the activities referred to in paragraph 5(1)(a) or (b) in the circumstances referred to in subsection 5(1);

(b) if the individual is employed by an organization, carry on any of the activities referred to in paragraph 7(1)(a) on behalf of that organization; and

(c) if the individual is employed by a corporation, carry on any of the activities referred to in paragraph 7(1)(a) on behalf of that corporation if carrying on those activities would constitute a significant part of the individual’s work on its behalf.

(2) Subsection (1) does not apply in respect of any senior public office that was held only because the individual participated in an employment exchange program.

(3) On application, the Commissioner of Lobbying may, on any conditions that the Commissioner specifies, exempt an individual from the application of subsection (1) if the Commissioner is of the opinion that the exemption would not be contrary to the purposes of this Act having regard to any circumstance or factor that the Commissioner considers relevant, including whether the individual

(a) was a senior public office holder for a short period;

(b) was a senior public office holder on an acting basis;

(c) was employed under a program of student employment; or

(d) had administrative duties only.

(4) The Commissioner shall without delay cause every exemption and the Commissioner’s reasons for it to be made available to the public.

10.12 (1) Any person who is subject to this Act as if they were a senior public office holder by reason of subsection 2(3), may apply to the Commissioner for an exemption from section 10.11.

(2) The Commissioner may, on any conditions that the Commissioner specifies, exempt the person from the application of section 10.11 having regard to any circumstance or factor that the Commissioner considers relevant, including the following:

(a) the circumstances under which the person left the functions referred to in subsection 2(3);

(b) the nature, and significance to the Government of Canada, of information that the person possessed by virtue of the functions referred to in subsection 2(3);

(c) the degree to which the person’s new employer might gain unfair commercial advantage by hiring the person;

(d) the authority and influence that the person possessed while having the functions referred to in subsection 2(3); and

(e) the disposition of other cases.

(3) The Commissioner shall without delay cause every exemption and the Commissioner’s reasons for it to be made available to the public.

(4) The Commissioner may verify the information contained in any application under subsection (1).

76. The Act is amended by adding the following before section 10.4:

INVESTIGATIONS

77. (1) Subsections 10.4(1) and (2) of the Act are replaced by the following:

10.4 (1) The Commissioner shall conduct an investigation if he or she has reason to believe, including on the basis of information received from a member of the Senate or the House of Commons, that an investigation is necessary to ensure compliance with the Code or this Act, as applicable.

(1.1) The Commissioner may refuse to conduct or may cease an investigation with respect to any matter if he or she is of the opinion that

(a) the matter is one that could more appropriately be dealt with according to a procedure provided for under another Act of Parliament;

(b) the matter is not sufficiently important;

(c) dealing with the matter would serve no useful purpose because of the length of time that has elapsed since the matter arose; or

(d) there is any other valid reason for not dealing with the matter.

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

(ii) compel persons to produce any documents or other things that the Commissioner considers relevant for the investigation;

and

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

(2) The portion of section 10.4 of the Act after subsection (5) is replaced by the following:

(6) The Commissioner, and every person acting on behalf of or under the direction of the Commissioner, may 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 Commissioner, 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;

(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 Commissioner; or

(c) the Commissioner believes on reasonable grounds that the disclosure is necessary for the purpose of advising a peace officer having jurisdiction to investigate an alleged offence under this or any other Act of Parliament or of the legislature of a province.

(7) If, during an investigation under this section, the Commissioner believes on reasonable grounds that a person has committed an offence under this or any other Act of Parliament or of the legislature of a province, the Commissioner shall advise a peace officer having jurisdiction to investigate the alleged offence and immediately suspend the Commissioner’s investigation.

(8) The Commissioner shall immediately suspend an investigation under this section if he or she discovers that the subject-matter of the investigation is also the subject-matter of an investigation to determine whether an offence under this or any other Act of Parliament or of the legislature of a province has been committed or that a charge has been laid with respect to that subject-matter.

(9) The Commissioner may not continue an investigation under this section until any investigation or charge regarding the same subject-matter has been finally disposed of.

78. Sections 10.5 to 11 of the Act are replaced by the following:

10.5 (1) After conducting an investigation, the Commissioner shall prepare a report of the investigation, including the findings, conclusions and reasons for the Commissioner’s conclusions, and submit it to the Speaker of the Senate and the Speaker of the House of Commons, who shall each table the report in the House over which he or she presides forthwith after receiving it or, if that House is not then sitting, on any of the first fifteen days on which that House is sitting after the Speaker receives it.

(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 by an employee who, in accordance with paragraph 7(3)(f) or (f.1), 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 7(1)(a)(i) to (v), as the case may be, or of any payment made by the client of an individual who is required to file a return under subsection 5(1) in respect of any matter referred to in any of subparagraphs 5(1)(a)(i) to (vi), any communication referred to in paragraph 5(1)(a) or any meeting referred to in paragraph 5(1)(b), if the Commissioner considers publication of the details to be in the public interest.

REPORTS TO PARLIAMENT

11. The Commissioner shall, within three months after the end of each fiscal year, prepare a report with regard to the administration of this Act during that fiscal year and submit the report to the Speaker of the Senate and the Speaker of the House of Commons, who shall each table the report in the House over which he or she presides forthwith after receiving it or, if that House is not then sitting, on any of the first fifteen days on which that House is sitting after the Speaker receives it.

11.1 (1) The Commissioner may, at any time, prepare a special report concerning any matter within the scope of the powers, duties and functions of the Commissioner if, in the opinion of the Commissioner, the matter is of such urgency or importance that a report on it should not be deferred until the next annual report.

(2) The Commissioner shall submit the special report to the Speaker of the Senate and the Speaker of the House of Commons, who shall each table the report in the House over which he or she presides forthwith after receiving it or, if that House is not then sitting, on any of the first fifteen days on which that House is sitting after the Speaker receives it.

79. Section 12 of the Act is amended by adding the following after paragraph (c):

(c.1) designating, individually or by class, positions in the federal public administration that are, in the opinion of the Governor in Council, of a rank comparable to a position described in paragraph (b) of the definition “senior public office holder” in subsection 2(1) as a senior public office for the purposes of paragraph (c) of that definition;

80. Section 14 of the Act is replaced by the following:

14. (1) Every individual who fails to file a return as required under subsection 5(1) or (3) or 7(1) or (4), or knowingly makes any false or misleading statement in any return or other document submitted to the Commissioner under this Act or in any response provided relative to information sent under subsection 9.1(1), whether in electronic or other form, is guilty of an offence and liable

(a) on summary conviction, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding six months, or to both; and

(b) on proceedings by way of indictment, to a fine not exceeding $200,000 or to imprisonment for a term not exceeding two years, or to both.

(2) Every individual who contravenes any provision of this Act — other than subsections 5(1) and (3), 7(1) and (4) and 10.3(1) — or the regulations is guilty of an offence and liable on summary conviction to a fine not exceeding $50,000.

(3) Proceedings by way of summary conviction in respect of an offence under this section may be instituted at any time within but not later than five years after the day on which the Commissioner became aware of the subject-matter of the proceedings but, in any case, not later than ten years after the day on which the subject-matter of the proceedings arose.

14.01 If a person is convicted of an offence under this Act, the Commissioner may — if satisfied that it is necessary in the public interest, taking into account the gravity of the offence and whether the offence was a second or subsequent offence under this Act — prohibit for a period of not more than two years the person who committed the offence from effecting any communication described in paragraph 5(1)(a) or 7(1)(a) or arranging a meeting referred to in paragraph 5(1)(b).

14.02 The Commissioner may make public the nature of the offence, the name of the person who committed it, the punishment imposed and, if applicable, any prohibition under section 14.01.

81. The Act is amended by replacing “registrar” with “Commissioner” wherever it occurs in the following provisions:

(a) subsections 5(1) and (5);

(b) subsections 7(1) and (5);

(c) sections 7.1 to 7.3;

(d) subsections 9(2) to (4);

(e) section 10.2;

(f) section 10.4; and

(g) paragraphs 12(a) and (b).

Terminology

82. Unless the context otherwise requires, any reference to the Lobbyists Registration Act is replaced by a reference to the Lobbying Act wherever it occurs in regulations, as defined in section 2 of the Statutory Instruments Act and in any other instrument made in the execution of a power conferred under an Act of Parliament or by order or under the authority of the Governor in Council.

Transitional Provisions

83. In sections 84 to 88.2 of this Act, the “other Act” means, before the day on which section 66 of this Act comes into force, the Lobbyists Registration Act and, from that day, the Lobbying Act.

84. (1) The person who holds the office of registrar immediately before the day on which section 68 of this Act comes into force is authorized to act as the Commissioner of Lobbying under the other Act until the appointment of a Commissioner under subsection 4.1(1) of the other Act — or of a person under subsection 4.1(4) of the other Act — as enacted by section 68 of this Act.

(2) The coming into force of section 68 of this Act does not affect the status of an employee — as defined in subsection 2(1) of the Public Service Employment Act — who occupied, immediately before the day on which that section 68 comes into force, a position in the Office of the Registrar of Lobbyists, except that the employee from that day occupies that position in the Office of the Commissioner of Lobbying.

85. Any investigation by the registrar under the other Act that is pending immediately before the day on which section 77 of this Act comes into force may continue to be conducted by the Commissioner of Lobbying under the other Act.

86. Any amount that is appropriated, for the fiscal year in which section 71 of this Act comes into force, by an appropriation Act based on the Estimates for that year for defraying the charges and expenses of the federal public administration for the former registrar designated under section 8 of the other Act, as it read before the day on which that section 71 comes into force, and that, on that day, is unexpended is deemed, on that day, to be an amount appropriated for defraying the charges and expenses of the Office of the Commissioner of Lobbying under the administration of the Commissioner of Lobbying referred to in subsection 4.1(1) of the other Act, as enacted by section 68 of this Act.

87. Section 10.1 of the other Act, as enacted by section 75 of this Act, does not apply with respect to any contingent payment that, on the day on which that section 75 comes into force,

(a) was mentioned in a return in accordance with paragraph 5(2)(g) of the other Act as it read before the day on which subsection 69(2) of this Act comes into force; or

(b) was provided for in an undertaking entered into before the day on which that section 75 comes into force but for which a return was neither filed nor yet required, under subsection 5(1.1) of the other Act as it read before the day on which subsection 69(1) of this Act comes into force, to be filed.

88. (1) For greater certainty, section 10.11 of the other Act, as enacted by section 75 of this Act, does not apply with respect to any ceasing to hold office or to be employed that is referred to in that section 10.11 and that occurred before the day on which that section 75 comes into force.

(2) Section 10.11 of the other Act, as enacted by section 75 of this Act, also does not apply in respect of any ceasing to be a senior public office holder with the rank of assistant deputy minister or any office of equivalent rank that occurs during the six months after the day on which that section 75 comes into force.

88.1 (1) No individual who was a member of a transition team who ceased to carry out his or her functions as a transition team member after January 24, 2006 but before the coming into force of section 10.11 of the other Act, as enacted by section 75 of this Act, shall, during a period of five years after the day on which he or she ceased to carry out those functions

(a) carry on any of the activities referred to in paragraph 5(1)(a) or (b) of the other Act in the circumstances referred to in subsection 5(1) of the other Act;

(b) if the individual is employed by an organization, carry on any of the activities referred to in paragraph 7(1)(a) of the other Act on behalf of that organization; and

(c) if the individual is employed by a corporation, carry on any of the activities referred to in paragraph 7(1)(a) of the other Act on behalf of that corporation if carrying on those activities would constitute a significant part of the individual’s work on its behalf.

(2) Subsection (1) does not apply to a member of a transition team in respect of any activities referred to in that subsection that were carried out before the day on which this Act is assented to.

(3) Every individual who contravenes subsection (1) is guilty of an offence and liable on summary conviction to a fine not exceeding $50,000.

(4) Proceedings by way of summary conviction in respect of an offence under this section may be instituted at any time within but not later than five years after the day on which the registrar referred to in section 8 of the other Act became aware of the subject-matter of the proceedings but, in any case, not later than ten years after the day on which the subject-matter of the proceedings arose.

(5) For the purposes of this section, members of a transition team are those persons identified by the Prime Minister as having had the task of providing support and advice to him or her during the transition period leading up to the swearing in of the Prime Minister and his or her ministry.

88.11 (1) Any member of a transition team referred to in section 88.1 may apply to the Commissioner of Lobbying for an exemption from that section.

(2) The Commissioner of Lobbying may, on any conditions that the Commissioner of Lobbying specifies, exempt the member from the application of section 88.1 having regard to any circumstance or factor that the Commissioner of Lobbying considers relevant, including the following:

(a) the circumstances under which the member left the functions referred to in subsection 88.1(5);

(b) the nature, and significance to the Government of Canada, of information that the member possessed by virtue of the functions referred to in subsection 88.1(5);

(c) the degree to which the member’s new employer might gain unfair commercial advantage by hiring the member;

(d) the authority and influence that the member possessed while having the functions referred to in subsection 88.1(5); and

(e) the disposition of other cases.

(3) The Commissioner of Lobbying shall without delay cause every exemption and the Commissioner of Lobbying’s reasons for it to be made available to the public.

(4) The Commissioner of Lobbying may verify the information contained in any application under subsection (1).

88.2 The registrar referred to in section 8 of the other Act may make public the nature of an offence committed under section 88.1, the name of the person who committed it and the punishment imposed.