Lobbying Act (R.S.C., 1985, c. 44 (4th Supp.))

Certification

Marginal note:Certification

7.1 Every individual who submits a return or other document to the Commissioner pursuant to this Act shall certify on the return or other document or, where it is submitted in electronic or other form in accordance with subsection 7.2(1), in such manner as is specified by the Commissioner, that the information contained in it is true to the best of their knowledge and belief.

Documents in Electronic or Other Form

Marginal note:Submission of documents

• 7.2 (1) Subject to the regulations, any return or other document that is required to be submitted to the Commissioner under this Act may be submitted in electronic or other form by such means and in such manner as is specified by the Commissioner.

• Marginal note:Time of receipt

  (2) For the purposes of this Act, any return or other document that is submitted in accordance with subsection (1) is deemed to be received by the Commissioner at the time provided for in the regulations.

Marginal note:Storage

• 7.3 (1) Subject to the regulations, any return or other document that is received by the Commissioner may be entered or recorded by any information storage device, including any system of mechanical or electronic data processing, that is capable of reproducing the stored return or other document in intelligible form within a reasonable time.

• Marginal note:Evidence

  (2) In any prosecution for an offence under this Act, a copy of a return or other document that is reproduced as permitted by subsection (1) and certified under the Commissioner’s signature as a true copy is admissible in evidence without proof of the signature or official character of the person appearing to have signed the copy and, in the absence of evidence to the contrary, has the same probative force as the original would have if it were proved in the ordinary way.

Registry

8 [Repealed, 2006, c. 9, s. 71]

Marginal note:Registry

• 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.

• Marginal note:Form of registry

  (2) The registry shall be organized in such manner and kept in such form as the Commissioner may determine.

• Marginal note:Audit

  (3) The Commissioner may verify the information contained in any return or other document submitted to the Commissioner under this Act.

• Marginal note:Clarifications and corrections

  (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.

• Marginal note:Access to registry

  (4) The registry shall be open to public inspection at such place and at such reasonable hours as the Commissioner may determine.

Marginal note:Confirmation of lobbying activity information

• 9.1 (1) The Commissioner may send to any present or former designated 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.

• Marginal note:Report

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

Marginal note:Interpretation bulletins

• 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.

• Marginal note:Interpretation bulletins not statutory instruments

  (2) The advisory opinions and interpretation bulletins are not statutory instruments for the purposes of the Statutory Instruments Act and are not binding.

Lobbyists’ Remuneration

Marginal note:Prohibition — lobbyist

• 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).

• Marginal note:Prohibition — client

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

Restriction on Lobbying Activity

Marginal note:Five-year prohibition — lobbying

• 10.11 (1) No individual shall, during a period of five years after the day on which the individual ceases to be a designated 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.

• Marginal note:Exception

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

• Marginal note:Exemption

  (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 designated public office holder for a short period;

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

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

  • (d) had administrative duties only.

• Marginal note:Publication

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

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).

Lobbyists’ Code of Conduct

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).

Investigations

Marginal note:Investigation

• 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.

• Marginal note:Exception

  (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.

• Marginal note:Powers of investigation

  (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.

• Marginal note:Investigation in private

  (3) The investigation shall be conducted in private.

• Marginal note:Evidence in other proceedings

  (4) Evidence given by a person in the investigation and evidence of the existence of the investigation are inadmissible against the person in a court or in any other proceeding, other than in a prosecution of a person for an offence under section 131 of the Criminal Code (perjury) in respect of a statement made to the Commissioner.

• Marginal note:Opportunity to present views

  (5) Before finding that a person has breached the Code, the Commissioner shall give the person a reasonable opportunity to present their views to the Commissioner.

• Marginal note:Confidentiality

  (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.

• Marginal note:Advice to peace officers

  (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.

• Marginal note:Suspension of 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.

• Marginal note:Investigation continued

  (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.