Lobbyists Registration Act, 1998

Interpretation

1 (1) In this Act, “chief executive officer” means, with respect to an organization, the individual who holds the most senior executive position in the organization, regardless of the actual title of the position; (“chef de la direction”) “client” means a person, partnership or organization on whose behalf a consultant lobbyist undertakes to lobby; (“client”) “consultant lobbyist” means an individual who, for payment, undertakes to lobby on behalf of a client; (“lobbyiste-conseil”) “grass-roots communication” means appeals to members of the public through the mass media or by direct communication that seek to persuade 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; (“appel au grand public”) “lobby” means, (a) in relation to a consultant lobbyist referred to in section 4 …

2019, c. 1, Sched. 4, s. 28 - 01/04/2024 Application

2 This Act binds the Crown. 1998, c. 27, Sched., s. 2.

3 (1) The following persons are not required to register under section 4, 5 or 6 when acting in their official capacity: 1. Members of the Senate or House of Commons of Canada, the legislative assembly of another province, the council or legislative assembly of a territory, or persons on the staff of these members. 2. Employees of the Government of Canada or of the government of another province or of a territory. 3. Members of a council or other statutory body charged with the administration of the civil or municipal affairs of a municipality as defined in the Municipal Act, 2001 and members of a local board as defined in the Municipal Affairs Act, persons on the staff of these members or officers or employees of a municipality or local board. 4. Members of the council of a band as defined in subsection 2 (1) of the Indian Act (Canada) or of the council of an Indian band established by …

Prohibited Lobbying Activities

3.1 No consultant lobbyist shall undertake to lobby on behalf of a client where, (a) the client is prohibited from engaging a lobbyist to provide lobbyist services using public funds or other revenues under section 4 of the Broader Public Sector Accountability Act, 2010; and (b) compensation of the consultant lobbyist is to be paid from public funds or other revenues that the client is prohibited from using under that section. 2014, c. 13, Sched. 8, s. 2. Section Amendments with date in force (d/m/y) 2014, c. 13, Sched. 8, s. 2 - 01/07/2016

3.2 (1) No consultant lobbyist shall undertake to lobby when the payment to the consultant lobbyist is, in whole or in part, contingent on his or her degree of success in lobbying. 2014, c. 13, Sched. 8, s. 3. Contingent payment provision void (2) A provision in a contract entered into or renewed on or after the day this section comes into force that provides for a contingent payment to a consultant lobbyist as described in subsection (1) is void. 2014, c. 13, Sched. 8, s. 3. Same – in existing contracts (3) If a provision in a contract that is in force on the day this section comes into force provides for a contingent payment to a consultant lobbyist as described in subsection (1), that provision is void as of the first anniversary of the day this section comes into force. 2014, c. 13, Sched. 8, s. 3. Section Amendments with date in force (d/m/y) 2014, c. 13, Sched. 8, s. 3 - 01/07/2016

3.3 (1) No consultant lobbyist shall undertake to provide advice on a subject matter to a public office holder for payment where the consultant lobbyist is lobbying any public office holder on the same subject matter. 2014, c. 13, Sched. 8, s. 4. Same (2) No consultant lobbyist shall undertake to lobby a public office holder on a subject matter where the consultant lobbyist is under contract with any public office holder to provide advice on the same subject matter for payment. 2014, c. 13, Sched. 8, s. 4. Section Amendments with date in force (d/m/y) 2014, c. 13, Sched. 8, s. 4 - 01/07/2016 Lobbyists placing public office holders in conflict of interest

3.4 (1) No consultant lobbyist shall, in the course of lobbying a public office holder, knowingly place the public office holder in a position of real or potential conflict of interest as described in subsections (3) and (4). 2014, c. 13, Sched. 8, s. 5. In-house lobbyists (2) No in-house lobbyist (within the meaning of subsection 5 (7) or 6 (5)) shall, in the course of lobbying a public office holder, knowingly place the public office holder in a position of real or potential conflict of interest as described in subsections (3) and (4). 2014, c. 13, Sched. 8, s. 5. Definition — conflict of interest, member of the Assembly (3) A public office holder who is a member of the Legislative Assembly is in a position of conflict of interest if he or she engages in an activity that is prohibited by section 2, 3 or 4 or subsection 6 (1) of the Members’ Integrity Act, 1994. 2014, c. 13, Sched. 8, s…

Registration of Lobbyists

consultant lobbyists

4 (1) A consultant lobbyist shall file a return with the registrar not later than 10 days after commencing performance of an undertaking. 1998, c. 27, Sched., s. 4 (1). Where one return sufficient (2) A consultant lobbyist who undertakes to lobby is required to file only one return under subsection (1) even though he or she may, in connection with that undertaking, communicate with one or more public office holders on one or more occasions or arrange one or more meetings between a public office holder and any other person. 1998, c. 27, Sched., s. 4 (2). (3) Repealed: 2014, c. 13, Sched. 8, s. 6 (1). Contents of return (4) A consultant lobbyist shall set out in the return the following information with respect to the undertaking: 1. The name and business address of the consultant lobbyist and, if applicable, the business name and address of the firm where the consultant lobbyist is engage…

4.1 Repealed: 2014, c. 13, Sched. 8, s. 7. Section Amendments with date in force (d/m/y) 2010, c. 25, s. 25 (9) - 1/01/2011 2014, c. 13, Sched. 8, s. 7 - 01/07/2016

in-house lobbyists (persons and partnerships)

5 (1) The senior officer of a person or partnership that employs an in-house lobbyist shall file a return with the registrar, (a) within two months after the day on which that person becomes an in-house lobbyist; and (b) within 30 days either before or after the expiration of each six-month period after the date of filing the previous return. 2014, c. 13, Sched. 8, s. 8 (1). Transitional (2) If, on the coming into force of subsection 8 (1) of Schedule 8 to the Public Sector and MPP Accountability and Transparency Act, 2014, the person or partnership described in subsection (1) employs an in-house lobbyist, the senior officer of the person or partnership shall file a return with the registrar within two months after the day on which subsection 8 (1) of Schedule 8 to the Public Sector and MPP Accountability and Transparency Act, 2014 comes into force and after that in accordance with claus…

2018, c. 17, Sched. 45, s. 8 (2, 3) - 06/12/2018 in-house lobbyists (organizations)

6 (1) The senior officer of an organization that employs an in-house lobbyist shall file a return with the registrar, (a) within two months after the day on which that person becomes an in-house lobbyist; and (b) within 30 days either before or after the expiration of each six-month period after the date of filing the previous return. 1998, c. 27, Sched., s. 6 (1); 2014, c. 13, Sched. 8, s. 9 (1). (2) Repealed: 2014, c. 13, Sched. 8, s. 9 (2). Contents of return (3) The senior officer of an organization shall set out in the return the following information: 1. The name and business address of the senior officer. 2. The business name and address of the organization. 3. A description in summary form of the organization’s business or activities and any other prescribed information to identify its business or activities. 4. A description of the membership of the organization and such other i…

Certification, Submission and Storage of Returns and Other Documents

7 Every individual who submits a return or other document to the registrar under this Act shall certify that the information contained in it is true to the best of his or her knowledge and belief on the return or other document or, if it is submitted in electronic or other form in accordance with subsection 8 (1), in the manner that is specified by the registrar. 1998, c. 27, Sched., s. 7.

8 (1) Returns to be filed with the registrar and information and other documents to be given to the registrar under this Act must be in a form approved by the registrar. 1998, c. 27, Sched., s. 8 (1). Manner of filing, etc. (2) Returns, information and other documents must be submitted to the registrar in a manner permitted by the registrar. 1998, c. 27, Sched., s. 8 (2). Date of filing (3) Subject to subsection (5), the date on which the registrar receives a return is the date on which the return is considered to have been filed for the purposes of this Act. 1998, c. 27, Sched., s. 8 (3). Date on which information, etc., provided (4) Subject to subsection (5), the date on which the registrar receives information or a document other than a return is the date on which the information or document is considered to have been provided to the registrar for the purposes of this Act. 1998, c. 27…

9 (1) Subject to the regulations, any return or other document that is received by the registrar 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. 1998, c. 27, Sched., s. 9 (1). Evidence (2) In any prosecution for an offence under this Act, a copy of a return or other document that is reproduced from an information storage device referred to in subsection (1) and certified under the registrar’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. 1998, c. 27, S…

Registrar and Registry

10 The Integrity Commissioner is hereby appointed as registrar. 1998, c. 27, Sched., s. 10.

11 (1) The registrar shall establish and maintain a registry in which shall be kept all returns filed under this Act as revised by other documents submitted to the registrar under this Act. 1998, c. 27, Sched., s. 11 (1). Form of registry (2) The registry shall be organized in the manner and kept in the form that the registrar may determine. 1998, c. 27, Sched., s. 11 (2). Access to registry (3) The registry shall be available for public inspection in the manner and during the time that the registrar may determine. 1998, c. 27, Sched., s. 11 (3).

12 The registrar may verify the information contained in any return or other document submitted to the registrar under this Act. 1998, c. 27, Sched., s. 12.

13 (1) The registrar may refuse to accept any return or other document submitted to the registrar under this Act that does not comply with the requirements of this Act or the regulations or that contains information or statements not requested in the return or other document. 1998, c. 27, Sched., s. 13 (1). Duty to inform (2) If the registrar refuses to accept a return or other document under subsection (1), the registrar shall inform the individual who submitted it of the refusal and the reason for the refusal in the manner that the registrar determines. 1998, c. 27, Sched., s. 13 (2). Extension of time (3) Despite the provisions of this Act respecting times for filing a return or submitting another document, if a return or other document is refused by the registrar under subsection (1) and the individual cannot reasonably submit another by the time set out in this Act for filing or sub…

14 (1) The registrar may remove a return from the registry if the individual who filed the return, (a) fails to confirm the information contained in it within the period required by subsection 4 (6); (b) fails to advise the registrar of the matters required by subsection 4 (7) within the period required by the subsection; or (c) fails to give the registrar any requested information relating to the return within the period specified by this Act. 1998, c. 27, Sched., s. 14 (1); 2014, c. 13, Sched. 8, s. 10. Same (2) The Statutory Powers Procedure Act does not apply with respect to the registrar’s decision to remove a return from the registry, and the registrar may remove the return without giving notice to the individual who filed the return and without holding a hearing. 1998, c. 27, Sched., s. 14 (2). Effect of removal (3) When a return is removed from the registry, the individual who fi…

15 (1) The registrar may issue advisory opinions and interpretation bulletins with respect to lobbyists’ conduct and with respect to any other matter respecting the enforcement, interpretation or application of this Act. 2014, c. 13, Sched. 8, s. 11 (1). Code of conduct (1.1) The registrar’s power under subsection (1) to issue interpretation bulletins includes the authority to issue a lobbyists’ code of conduct. 2014, c. 13, Sched. 8, s. 11 (1). Effect (2) Advisory opinions and interpretation bulletins issued under subsection (1) are not binding. 1998, c. 27, Sched., s. 15 (2); 2014, c. 13, Sched. 8, s. 11 (2). Section Amendments with date in force (d/m/y) 2014, c. 13, Sched. 8, s. 11 (1-2) - 01/07/2016

16 (1) The registrar may delegate in writing any of his or her powers or duties under this Act to a person employed in the registrar’s office and may authorize him or her to delegate any of those powers or duties to another person employed in that office. 1998, c. 27, Sched., s. 16 (1). (2) Repealed: 2014, c. 13, Sched. 8, s. 12. Conditions, etc. (3) A delegation may be made subject to such conditions and restrictions as the person making the delegation considers appropriate. 1998, c. 27, Sched., s. 16 (3). Section Amendments with date in force (d/m/y) 2014, c. 13, Sched. 8, s. 12 - 01/07/2016

17 Any fee required by the regulations to be paid may be recovered in any court of competent jurisdiction as a debt due to the Crown. 1998, c. 27, Sched., s. 17. Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. K, s. 12 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2012

Investigations and Penalties

17.1 (1) The registrar may conduct an investigation to determine if any person or persons have not complied with any provision of this Act or of the regulations. 2014, c. 13, Sched. 8, s. 13. Time limit (2) The registrar shall not commence an investigation into an alleged non-compliance with this Act or the regulations more than two years after the date when the registrar knew or should have known about the alleged non-compliance. 2014, c. 13, Sched. 8, s. 13. Refusal or cease to investigate (3) The registrar may refuse to conduct an investigation into any alleged non-compliance with this Act or the regulations or may cease such an investigation for any reason, including if the registrar believes that any of the following circumstances apply: 1. The matter could more appropriately be dealt with under another Act. 2. The matter is minor or trivial. 3. Dealing with the matter would serve n…

17.2 The registrar may, instead of commencing an investigation, or at any time during the course of an investigation, refer the matter to another person or body so that it may be dealt with as a matter of law enforcement or in accordance with a procedure established under another Act if the registrar is of the opinion that this would be more appropriate than conducting or continuing the investigation. 2014, c. 13, Sched. 8, s. 13. Section Amendments with date in force (d/m/y) 2014, c. 13, Sched. 8, s. 13 - 01/07/2016

17.3 (1) The registrar may suspend an investigation if he or she discovers that, (a) the subject matter of the investigation is also the subject matter of an investigation to determine whether an offence has been committed under this or any other Act of Ontario or of Canada; or (b) a charge has been laid with respect to the alleged non-compliance. 2014, c. 13, Sched. 8, s. 13. Resumption of suspended investigation (2) The registrar may resume a suspended investigation at any time, whether or not the other investigation or charge described in clause (1) (a) or (b) has been finally disposed of, but before resuming a suspended investigation the registrar shall consider the following: 1. Whether the registrar’s investigation may be concluded in a timely manner. 2. Whether the other investigation or charge will adequately deal with or has adequately dealt with the substance of the alleged non…

17.4 (1) In conducting an investigation, the registrar may, (a) require any person to provide any information that he or she may have if, in the opinion of the registrar, the information is relevant to the investigation; (b) require any person to produce any document or thing that may be in his or her possession or under his or her control if, in the opinion of the registrar, the document or thing is relevant to the investigation; (c) specify a date that is reasonable in the circumstances by which the information, document or thing must be provided or produced. 2014, c. 13, Sched. 8, s. 13. Same (2) The registrar may summon any person who, in the registrar’s opinion, is able to provide information that is relevant to the investigation, and may require him or her to attend in person or by electronic means and may examine him or her on oath or affirmation. 2014, c. 13, Sched. 8, s. 13. Pro…

17.5 (1) If, after conducting an investigation, the registrar believes that a person has not complied with a provision of this Act or of the regulations, the registrar shall, (a) give a notice to the person setting out, (i) the alleged non-compliance, (ii) the reasons why the registrar believes there has been non-compliance, and (iii) the fact that the person may exercise an opportunity to be heard under clause (b) and the steps by which the person may exercise that opportunity; (b) give the person a reasonable opportunity to be heard respecting the alleged non-compliance and any penalty that could be imposed by the registrar under this Act. 2014, c. 13, Sched. 8, s. 13. Same (2) The notice must be in writing and delivered to the person personally, by email to the address provided by the person or by registered mail. 2014, c. 13, Sched. 8, s. 13. Same (3) Except as provided in this secti…

17.6 (1) If, after conducting an investigation and after giving a person that the registrar believed to have not complied with this Act or the regulations an opportunity to be heard, the registrar finds that the person has not complied with a provision of this Act or of the regulations, the registrar shall give a notice to the person setting out, (a) the finding of non-compliance; (b) any penalty imposed under section 17.9; and (c) the reasons for the finding and for the imposition of any penalty. 2014, c. 13, Sched. 8, s. 13. Notice (2) The notice must also advise the person that he or she may ask for reconsideration and judicial review of the registrar’s finding or of the penalty imposed, or both. 2014, c. 13, Sched. 8, s. 13. Same (3) The notice must be in writing and delivered to the person personally, by email to the address provided by the person or by registered mail. 2014, c. 13,…

17.7 (1) Within 15 days after receiving notice of the registrar’s finding under subsection 17.6 (1), the person against whom the finding is made may request that the registrar reconsider the finding or the penalty imposed, or both. 2014, c. 13, Sched. 8, s. 13. Same (2) A request for reconsideration must be in writing and must identify the grounds on which the reconsideration is requested. 2014, c. 13, Sched. 8, s. 13. Same (3) If a person requests reconsideration of the registrar’s finding or of the penalty imposed, or both, the registrar shall reconsider his or her finding or the penalty imposed, or both, and give the person a notice of his or her decision. 2014, c. 13, Sched. 8, s. 13. Same (4) The notice must be in writing and delivered to the person personally, by email to the address provided by the person or by registered mail. 2014, c. 13, Sched. 8, s. 13. Section Amendments with…

17.8 Within 60 days after receiving the notice of the registrar’s finding under subsection 17.6 (1) or of the registrar’s decision under subsection 17.7 (3), the person against whom the finding is made may make an application for judicial review of the registrar’s finding or the penalty imposed, or both. 2014, c. 13, Sched. 8, s. 13. Section Amendments with date in force (d/m/y) 2014, c. 13, Sched. 8, s. 13 - 01/07/2016 Penalties

17.9 (1) If the registrar’s finding under section 17.6 is that a person has not complied with a provision of this Act or of the regulations, the registrar may, taking into account the gravity of the non-compliance, the number of previous incidents of non-compliance committed by the same person and the number of previous convictions against the same person for offences under this Act, and if the registrar is of the opinion that it is in the public interest to do so, do either or both of the following: 1. Prohibit the person against whom the finding is made from lobbying for a period of not more than two years. 2. Subject to subsection (4), make public the following information: i. The name of the person against whom the finding is made. ii. A description of the non-compliance. iii. Any other information that the registrar considers necessary to explain the finding of non-compliance. 2014,…

17.10 (1) Except as provided under this section, the registrar and anyone acting for or under the direction of the registrar shall not disclose to any person, (a) whether the registrar is conducting an investigation under this Act; or (b) any information, document or thing obtained in the course of conducting an investigation under this Act. 2014, c. 13, Sched. 8, s. 13. Exceptions (2) The registrar and any person acting for or under the registrar’s direction shall not disclose to any person any information, document or thing obtained in the course of conducting an investigation under this Act except as necessary, (a) to conduct an investigation under section 17.1; (b) to refer a matter under section 17.2; (c) to enforce a penalty imposed under section 17.9; or (d) to comply with the requirements of section 17.12. 2014, c. 13, Sched. 8, s. 13. Same (3) The registrar and any person acting…

17.11 The Statutory Powers Procedure Act does not apply to an investigation conducted by the registrar under section 17.1. 2014, c. 13, Sched. 8, s. 13. Section Amendments with date in force (d/m/y) 2014, c. 13, Sched. 8, s. 13 - 01/07/2016

17.12 The annual report of the Integrity Commissioner (who is appointed as registrar under section 10 of this Act) required by section 24 of the Members’ Integrity Act, 1994 shall include, (a) the number of investigations conducted by the Commissioner under this Act during the year, including the number of those investigations that were commenced, concluded or resumed during the year and the number of matters that the Commissioner refused to investigate or referred to another person or body during the year; (b) a description in summary form of each investigation concluded or resumed, and of each matter referred, during the year; and (c) any other information relevant to the administration of this Act the public disclosure of which the Commissioner believes to be in the public interest. 2014, c. 13, Sched. 8, s. 13. Section Amendments with date in force (d/m/y) 2014, c. 13, Sched. 8, s. 1…

Whistle-Blowing Protection

17.13 (1) No person shall retaliate against another person, whether by action or omission, or threaten to do so because, (a) anything has been disclosed to the registrar; or (b) evidence has been or may be given in a proceeding, including a proceeding in respect of the enforcement of this Act or the regulations. 2014, c. 13, Sched. 8, s. 14. Interpretation, retaliate (2) Without in any way restricting the meaning of the word “retaliate”, the following constitute retaliation for the purposes of subsection (1): 1. Dismissing a person from employment or suspending or disciplining the person. 2. Imposing a penalty on a person. 3. Intimidating, coercing or harassing a person. 2014, c. 13, Sched. 8, s. 14. May not discourage reporting (3) None of the following persons shall do anything that discourages, is aimed at discouraging or that has the effect of discouraging a person from doing anythin…

Offences and Punishment Offences

18 (1) Every individual who fails to comply with subsection 4 (1), (4), (5) or (8) is guilty of an offence. 2014, c. 13, Sched. 8, s. 15 (1). Returns by senior officers (2) Every individual who fails to comply with subsection 5 (1), (2), (3), (4) or (5) is guilty of an offence. 2014, c. 13, Sched. 8, s. 15 (2). Same (3) Every individual who fails to comply with subsection 6 (1), (3), (3.1) or (4) is guilty of an offence. 2014, c. 13, Sched. 8, s. 15 (3). False or misleading statements (4) Every individual who knowingly makes a false or misleading statement in a return or other document submitted to the registrar under this Act is guilty of an offence. 1998, c. 27, Sched., s. 18 (4). (5)-(7) Repealed: 2014, c. 13, Sched. 8, s. 15 (4). Public funds, etc. (7.1) Every individual who fails to comply with section 3.1 is guilty of an offence. 2014, c. 13, Sched. 8, s. 15 (5). Contingent payment…

Review of Act

18.1 A committee of the Legislative Assembly shall, (a) begin a comprehensive review of this Act no later than the fifth anniversary of the day on which section 16 of Schedule 8 to the Public Sector and MPP Accountability and Transparency Act, 2014 comes into force; and (b) make recommendations to the Assembly within one year after beginning that review concerning amendments to this Act. 2014, c. 13, Sched. 8, s. 16. Section Amendments with date in force (d/m/y) 2014, c. 13, Sched. 8, s. 16 - 01/07/2016

Regulations

19 The Lieutenant Governor in Council may make regulations, (a) Repealed: 2014, c. 13, Sched. 8, s. 17 (1). (b) requiring a fee to be paid on the filing of a return or a return of a class of returns under section 4, 5 or 6, or for any service performed or the use of any facility provided by the registrar; (c) prescribing the fee referred to in clause (b) or the manner of determining it, and providing for a difference in or the waiver of the fee for filing a return based on the manner in which the return is submitted to the registrar; (d) respecting the entering or recording of any return or other document under subsection 9 (1); (d.1) governing any notice required to be given by this Act, including prescribing when a notice given by registered mail is deemed to be received; (e) prescribing any matter or thing that by this Act is to be or may be prescribed; (f) generally for carrying out …

20 Omitted (provides for coming into force of provisions of this Act). 1998, c. 27, Sched., s. 20.

21 Omitted (enacts short title of this Act). 1998, c. 27, Sched., s. 21. ______________