Lobbying Act

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Sections317

• 1Short title

  This Act may be cited as the Lobbying Act.

• 2Definitions
• 2(1)

  In this Act,

• 2(1)[p3]

  designated public office holder means

• 2(1)[p3](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,

• 2(1)[p3](b)

  any other public office holder who, in a department within the meaning of paragraph (a), (a.1) or (d) of the definition department in section 2 of the Financial Administration Act,

• 2(1)[p3](b)(i)

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

• 2(1)[p3](b)(ii)

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

• 2(1)[p3](c)

  any individual who occupies a position that has been designated by regulation under paragraph 12(c.1). (titulaire d’une charge publique désignée)

• 2(1)[p9]Repealed

  Ethics Counsellor[Repealed, 2004, c. 7, s. 19]

• 2(1)[p10]

  organization includes

• 2(1)[p10](a)

  a business, trade, industry, professional or voluntary organization,

• 2(1)[p10](b)

  a trade union or labour organization,

• 2(1)[p10](c)

  a chamber of commerce or board of trade,

• 2(1)[p10](d)

  a partnership, trust, association, charitable society, coalition or interest group,

• 2(1)[p10](e)

  a government, other than the Government of Canada, and

• 2(1)[p10](f)

  a corporation without share capital incorporated to pursue, without financial gain to its members, objects of a national, provincial, patriotic, religious, philanthropic, charitable, scientific, artistic, social, professional or sporting character or other similar objects; (organisation)

• 2(1)[p17]

  payment means money or anything of value and includes a contract, promise or agreement to pay money or anything of value; (paiement)

• 2(1)[p18]

  prescribed means prescribed by regulation; (Version anglaise seulement)

• 2(1)[p19]

  public office holder means any officer or employee of Her Majesty in right of Canada and includes

• 2(1)[p19](a)

  a member of the Senate or the House of Commons and any person on the staff of such a member,

• 2(1)[p19](b)

  a person who is appointed to any office or body by or with the approval of the Governor in Council or a minister of the Crown, other than a judge receiving a salary under the Judges Act or the lieutenant governor of a province,

• 2(1)[p19](c)

  an officer, director or employee of any federal board, commission or other tribunal as defined in the Federal Courts Act,

• 2(1)[p19](d)

  a member of the Canadian Armed Forces, and

• 2(1)[p19](e)

  a member of the Royal Canadian Mounted Police; (titulaire d’une charge publique)

• 2(1)[p25]Repealed

  registrar[Repealed, 2006, c. 9, s. 67]

• 2(2)Subsidiary corporation

  For the purposes of this Act, a corporation is a subsidiary of another corporation if

• 2(2)(a)

  securities of the first-mentioned corporation to which are attached more than fifty per cent of the votes that may be cast to elect directors of the first-mentioned corporation are held, otherwise than by way of security only, directly or indirectly, whether through one or more subsidiaries or otherwise, by or for the benefit of the other corporation; and

• 2(2)(b)

  the votes attached to those securities are sufficient, if exercised, to elect a majority of the directors of the first-mentioned corporation.

• 2(3)Transition team

  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 designated public office holder during that period.

• 3Binding on Her Majesty

  This Act is binding on Her Majesty in right of Canada or a province.

• 4Restriction on application
• 4(1)

  This Act does not apply to any of the following persons when acting in their official capacity, namely,

• 4(1)(a)

  members of the legislature of a province or persons on the staff of such members;

• 4(1)(b)

  employees of the government of a province;

• 4(1)(c)

  members of a council or other statutory body charged with the administration of the civil or municipal affairs of a city, town, municipality or district, persons on the staff of such members or officers or employees of a city, town, municipality or district;

• 4(1)(d)

  members of the council of a band as defined in subsection 2(1) of the Indian Act or of the council of an Indian band established by an Act of Parliament, persons on their staff or employees of such a council;

• 4(1)(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;

• 4(1)(d.2)Repealed

  [Repealed, 2003, c. 10, s. 3]

• 4(1)(d.3)Repealed

  [Repealed, 2004, c. 17, s. 20]

• 4(1)(e)

  diplomatic agents, consular officers or official representatives in Canada of a foreign government; or

• 4(1)(f)

  officials of a specialized agency of the United Nations in Canada or officials of any other international organization to whom there are granted, by or under any Act of Parliament, privileges and immunities.

• 4(2)Idem

  This Act does not apply in respect of

• 4(2)(a)

  any oral or written submission made to a committee of the Senate or House of Commons or of both Houses of Parliament or to any body or person having jurisdiction or powers conferred by or under an Act of Parliament, in proceedings that are a matter of public record;

• 4(2)(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

• 4(2)(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.

• 4(3)Idem

  Nothing in this Act shall be construed as requiring the disclosure of the name or identity of any individual where that disclosure could reasonably be expected to threaten the safety of that individual.

• 4.1Commissioner 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 the Government in the Senate or Government Representative in the Senate, the Leader of the Opposition in the Senate, the Leader or Facilitator of every other recognized party or parliamentary group in the Senate and the leader of every recognized party in the House of Commons and approval of the appointment by resolution of the Senate and House of Commons.

• 4.1(2)Tenure of office and removal

  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.

• 4.1(3)Further terms

  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.

• 4.1(4)Interim appointment

  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.

• 4.2Rank and powers
• 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.

• 4.2(2)Duties and functions

  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.

• 4.2(3)Remuneration and expenses

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

• 4.2(4)Pension benefits

  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.

• 4.2(5)Other benefits

  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.

• 4.3Staff of the Commissioner
• 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.

• 4.3(2)Technical assistance

  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.

• 4.4Delegation by Commissioner

  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

• 4.4(a)

  the power to delegate under this section; and

• 4.4(b)

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

• 5Requirement to file return
• 5(1)

  An individual shall file with the Commissioner, 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

• 5(1)(a)

  communicate with a public office holder in respect of

• 5(1)(a)(i)

  the development of any legislative proposal by the Government of Canada or by a member of the Senate or the House of Commons,

• 5(1)(a)(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,

• 5(1)(a)(iii)

  the making or amendment of any regulation as defined in subsection 2(1) of the Statutory Instruments Act,

• 5(1)(a)(iv)

  the development or amendment of any policy or program of the Government of Canada,

• 5(1)(a)(v)

  the awarding of any grant, contribution or other financial benefit by or on behalf of Her Majesty in right of Canada, or

• 5(1)(a)(vi)

  the awarding of any contract by or on behalf of Her Majesty in right of Canada; or

• 5(1)(b)

  arrange a meeting between a public office holder and any other person.

• 5(1.1)Time limit for filing return

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

• 5(1.2) and (1.3)Repealed

  [Repealed, 2006, c. 9, s. 69]

• 5(2)Contents of return

  The return shall set out the following information with respect to the undertaking:

• 5(2)(a)

  the name and business address of the individual and, if applicable, the name and business address of the firm where the individual is engaged in business;

• 5(2)(b)

  the name and business address of the client and the name and business address of any person or organization that, to the knowledge of the individual, controls or directs the activities of the client and has a direct interest in the outcome of the individual’s activities on behalf of the client;

• 5(2)(c)

  where the client is a corporation, the name and business address of each subsidiary of the corporation that, to the knowledge of the individual, has a direct interest in the outcome of the individual’s activities on behalf of the client;

• 5(2)(d)

  where the client is a corporation that is a subsidiary of any other corporation, the name and business address of that other corporation;

• 5(2)(e)

  where the client is a coalition, the name and business address of each corporation or organization that is a member of the coalition;

• 5(2)(e.1)

  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;

• 5(2)(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;

• 5(2)(g)

  the fact that the undertaking 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);

• 5(2)(h)

  particulars to identify any relevant legislative proposal, Bill, resolution, regulation, policy, program, grant, contribution, financial benefit or contract;

• 5(2)(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 designated public office holder and the date on which the individual last ceased to hold such a designated public office;

• 5(2)(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;

• 5(2)(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

• 5(2)(k)

  such other information relating to the identity of the individual, the client, any person or organization referred to in paragraph (b), any subsidiary referred to in paragraph (c), the other corporation referred to in paragraph (d), any member of a coalition referred to in paragraph (e) or any department or institution referred to in paragraph (i) as is prescribed.

• 5(3)Requirement to file monthly return

  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

• 5(3)(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 designated public office holder and relating to the undertaking,

• 5(3)(a)(i)

  the name of the designated public office holder who was the object of the communication,

• 5(3)(a)(ii)

  the date of the communication,

• 5(3)(a)(iii)

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

• 5(3)(a)(iv)

  any other information that is prescribed;

• 5(3)(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

• 5(3)(c)

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

• 5(4)First monthly return

  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.

• 5(4.1)Exception

  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.

• 5(4.2)Return — six-month period

  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.

• 5(4.3)Termination of reporting obligation

  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(5)Information requested by Commissioner

  An individual who files a return shall provide the Commissioner, in the prescribed form and manner, with such information as the Commissioner may request to clarify any information that the individual has provided to the Commissioner pursuant to this section, and shall do so not later than thirty days after the request is made.

• 5(6)Restriction on application

  This section does not apply in respect of anything that an employee undertakes to do on the sole behalf of their employer or, where their employer is a corporation, in respect of anything that the employee, at the direction of the employer, undertakes to do on behalf of any subsidiary of the employer or any corporation of which the employer is a subsidiary.

• 5(7)For greater certainty

  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.

• 6Repealed

  [Repealed, 2003, c. 10, s. 5]

• 7Requirement to file return
• 7(1)

  The officer responsible for filing returns for a corporation or organization shall file with the Commissioner, in the prescribed form and manner, a return setting out the information referred to in subsection (3) if

• 7(1)(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

• 7(1)(a)(i)

  the development of any legislative proposal by the Government of Canada or by a member of the Senate or the House of Commons,

• 7(1)(a)(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,

• 7(1)(a)(iii)

  the making or amendment of any regulation as defined in subsection 2(1) of the Statutory Instruments Act,

• 7(1)(a)(iv)

  the development or amendment of any policy or program of the Government of Canada, or

• 7(1)(a)(v)

  the awarding of any grant, contribution or other financial benefit by or on behalf of Her Majesty in right of Canada; and

• 7(1)(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.

• 7(2)Time limit for filing return

  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).

• 7(2.1)Repealed

  [Repealed, 2006, c. 9, s. 70]

• 7(3)Contents of return

  The return shall set out the following information:

• 7(3)(a)

  the name and business address of the officer responsible for filing returns;

• 7(3)(b)

  the name and business address of the employer;

• 7(3)(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);

• 7(3)(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;

• 7(3)(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;

• 7(3)(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;

• 7(3)(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;

• 7(3)(f)

  if the employer is an organization, the name of each employee any part of whose duties is as described in paragraph (1)(a);

• 7(3)(f.1)

  if the employer is a corporation,

• 7(3)(f.1)(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

• 7(3)(f.1)(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;

• 7(3)(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;

• 7(3)(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 designated public office holder and the date on which the employee last ceased to hold such a designated public office;

• 7(3)(h.1) to (h.3)Repealed

  [Repealed, 2006, c. 9, s. 70]

• 7(3)(i)

  particulars to identify any relevant legislative proposal, Bill, resolution, regulation, policy, program, grant, contribution or financial benefit;

• 7(3)(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;

• 7(3)(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

• 7(3)(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).

• 7(4)Requirement to file monthly return

  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

• 7(4)(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 designated public office holder,

• 7(4)(a)(i)

  the name of the designated public office holder who was the object of the communication,

• 7(4)(a)(ii)

  the date of the communication,

• 7(4)(a)(iii)

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

• 7(4)(a)(iv)

  any other information that is prescribed;

• 7(4)(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

• 7(4)(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.

• 7(4.1)First monthly return

  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.

• 7(4.2)Exception

  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.

• 7(4.3)Return — six-month period

  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.

• 7(4.4)Termination of reporting obligation

  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).

• 7(5)Information requested by Commissioner

  If the Commissioner requests information to clarify any information that has been provided to the Commissioner 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 Commissioner with the information.

• 7(6)Definitions

  In this section,

• 7(6)[p150]

  employee includes an officer who is compensated for the performance of their duties; (employé)

• 7(6)[p151]

  officer responsible for filing returns means the employee who holds the most senior office in a corporation or organization and is compensated for the performance of their duties; (déclarant)

• 7(6)[p152]

  senior officer, in respect of a corporation, means

• 7(6)[p152](a)

  a chief executive officer, chief operating officer or president of the corporation, or

• 7(6)[p152](b)

  any other officer who reports directly to the chief executive officer, chief operating officer or president of the corporation. (cadre dirigeant)

• 7.1Certification

  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.

• 7.2Submission 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.

• 7.2(2)Time of receipt

  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.

• 7.3Storage
• 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.

• 7.3(2)Evidence

  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.

• 8Repealed

  [Repealed, 2006, c. 9, s. 71]

• 9Registry
• 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.

• 9(2)Form of registry

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

• 9(3)Audit

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

• 9(3.1)Clarifications and corrections

  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.

• 9(4)Access to registry

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

• 9.1Confirmation 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.

• 9.1(2)Report

  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.

• 10Interpretation 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.

• 10(2)Interpretation bulletins not statutory instruments

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

• 10.1Prohibition — 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).

• 10.1(2)Prohibition — client

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

• 10.11Five-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,

• 10.11(1)(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);

• 10.11(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

• 10.11(1)(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.

• 10.11(2)Exception

  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.

• 10.11(3)Exemption

  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

• 10.11(3)(a)

  was a designated public office holder for a short period;

• 10.11(3)(b)

  was a designated public office holder on an acting basis;

• 10.11(3)(c)

  was employed under a program of student employment; or

• 10.11(3)(d)

  had administrative duties only.

• 10.11(4)Publication

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

• 10.12Application 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.

• 10.12(2)Commissioner may exempt

  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:

• 10.12(2)(a)

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

• 10.12(2)(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);

• 10.12(2)(c)

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

• 10.12(2)(d)

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

• 10.12(2)(e)

  the disposition of other cases.

• 10.12(3)Publication

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

• 10.12(4)Audit

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