Federal Accountability Act (S.C. 2006, c. 9)

R.S., c. 44 (4th Supp.)Lobbyists Registration Act

Amendments to Act

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

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

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 (1) The definition “registrar” in subsection 2(1) of the Act is repealed.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

  “designated public office holder”

  « titulaire d’une charge publique désignée »

  “designated 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 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,

    • (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):

  • Marginal note:Transition team

    (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 designated public office holder during that period.

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

Marginal note:2003, c. 10, s. 4(1)

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

  • Marginal note:Time limit for filing return

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

• Marginal note:2003, c. 10, s. 4(4)(F)

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

  • (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);

• Marginal note:2003, c. 10, s. 4(5)

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

• Marginal note:1995, c. 12, s. 3

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

  • Marginal note:Requirement to file monthly return

    (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 designated public office holder and relating to the undertaking,

      • (i) the name of the designated 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.

  • Marginal note:First monthly return

    (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.

  • Marginal note:Exception

    (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.

  • Marginal note:Return — six-month period

    (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.

  • Marginal note:Termination of reporting obligation

    (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).

• Marginal note:2003, c. 10, s. 4(7)

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

  • Marginal note:For greater certainty

    (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.