Marginal note:Application for exemption

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

• Marginal note:Commissioner may exempt

  (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.

• Marginal note:Publication

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

• Marginal note:Audit

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

Marginal note:Lobbyists’ Code of Conduct

• 10.2 (1) The Commissioner shall develop a Lobbyists’ Code of Conduct respecting the activities described in subsections 5(1) and 7(1).

• Marginal note:Consultation

  (2) In developing the Code, the Commissioner shall consult persons and organizations that the Commissioner considers are interested in the Code.

• Marginal note:Referral

  (3) The Code shall be referred to a committee of the House of Commons before being published under subsection (4).

• Marginal note:Code not a statutory instrument

  (4) The Code is not a statutory instrument for the purposes of the Statutory Instruments Act, but the Code shall be published in the Canada Gazette.

Marginal note:Compliance with Code

• 10.3 (1) The following individuals shall comply with the Code:

  • (a) an individual who is required to file a return under subsection 5(1); and

  • (b) an employee who, in accordance with paragraph 7(3)(f) or (f.1), is named in a return filed under subsection 7(1).

• Marginal note:Non-application of section 126 of the Criminal Code

  (2) Section 126 of the Criminal Code does not apply in respect of a contravention of subsection (1).