Short Title

Marginal note:Short title

1 This Act may be cited as the Lobbyists Registration Act.

Interpretation

Marginal note:Definitions

• 2 (1) In this Act,

  Ethics Counsellor

  Ethics Counsellor[Repealed, 2004, c. 7, s. 19]

  organization

  organisation

  organization includes

  • (a) a business, trade, industry, professional or voluntary organization,

  • (b) a trade union or labour organization,

  • (c) a chamber of commerce or board of trade,

  • (d) a partnership, trust, association, charitable society, coalition or interest group,

  • (e) a government, other than the Government of Canada, and

  • (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)

  payment

  paiement

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

  prescribed

  Version anglaise seulement

  prescribed means prescribed by regulation; (Version anglaise seulement)

  public office holder

  titulaire d’une charge publique

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

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

  • (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,

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

  • (d) a member of the Canadian Armed Forces, and

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

  registrar

  directeur

  registrar means the registrar designated pursuant to section 8. (directeur)

• Marginal note:Subsidiary corporation

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

  • (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

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

Application

Marginal note:Binding on Her Majesty

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

Marginal note:Restriction on application

• 4 (1) This Act does not apply to any of the following persons when acting in their official capacity, namely,

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

  • (b) employees of the government of a province;

  • (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;

  • (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;

  • (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;

  • (d.2) [Repealed, 2003, c. 10, s. 3]

  • (d.3) [Repealed, 2004, c. 17, s. 20]

  • (e) diplomatic agents, consular officers or official representatives in Canada of a foreign government; or

  • (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.

• Marginal note:Idem

  (2) This Act does not apply in respect of

  • (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;

  • (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

  • (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.

• Marginal note:Idem

  (3) 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.

Registration of Lobbyists

Consultant Lobbyists

Marginal note:Requirement to file return

• 5 (1) An individual shall file with the registrar, 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

  • (a) communicate with a public office holder in respect of

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

    • (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,

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

    • (iv) the development or amendment of any policy or program of the Government of Canada,

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

    • (vi) the awarding of any contract by or on behalf of Her Majesty in right of Canada; or

  • (b) arrange a meeting between a public office holder and any other person.

• Marginal note:Time limits for filing returns

  (1.1) An individual shall file a return

  • (a) not later than ten days after entering into an undertaking referred to in subsection (1); and

  • (b) subject to subsections (1.2) and (1.3), not later than thirty days after the expiry of every six-month period after the day on which a return is filed under paragraph (a).

• Marginal note:Exception if change provided

  (1.2) Where an individual provides a change to information or newly acquired information under subsection (3), a return under paragraph (1.1)(b) shall be filed not later than thirty days after the expiry of every six-month period after the last day on which a change or newly acquired information is provided under that subsection.

• Marginal note:Completion or termination of undertaking

  (1.3) An individual is not required to file a return under paragraph (1.1)(b) with respect to an undertaking if the individual completes or terminates the undertaking and advises the registrar of that fact in the prescribed form and manner before the expiry of the period within which the return must be filed under that paragraph.

• Marginal note:Contents of return

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

  • (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;

  • (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;

  • (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;

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

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

  • (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;

  • (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;

  • (g) where applicable, whether the payment to the individual is in whole or in part contingent on the individual’s degree of success in influencing any matter described in subparagraphs (1)(a)(i) to (vi);

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

  • (h.1) if the individual is a former public officer holder, a description of the offices held;

  • (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;

  • (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

  • (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.

• Marginal note:Changes to information and new information

  (3) An individual who files a return shall provide the registrar, in the prescribed form and manner, with any change to the information provided by the individual in the return, and any information required to be provided under subsection (2) the knowledge of which the individual acquired only after the return was filed, not later than thirty days after the change occurs or the knowledge is acquired.

• (4) [Repealed, 2003, c. 10, s. 4]

• Marginal note:Information requested by registrar

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

• Marginal note:Restriction on application

  (6) 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.

• 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 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.

6 [Repealed, 2003, c. 10, s. 5]

In-house Lobbyists (Corporations and Organizations)

Marginal note:Requirement to file return

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

  • (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

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

    • (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,

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

    • (iv) the development or amendment of any policy or program of the Government of Canada, or

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

  • (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.

• Marginal note:Time limits for filing returns

  (2) The officer responsible for filing returns shall file a return

  • (a) not later than two months after the day on which the requirement to file a return first arises under subsection (1); and

  • (b) subject to subsection (2.1), not later than thirty days after the expiry of every six-month period after the day on which a return is filed under paragraph (a).

• Marginal note:Termination of activities

  (2.1) The officer responsible for filing returns is not required to file a return under paragraph (2)(b) if

  • (a) the employer no longer employs any employees whose duties are as described in paragraphs (1)(a) and (b); and

  • (b) the officer responsible for filing returns advises the registrar of the circumstances described in paragraph (a) in the prescribed form and manner before the expiry of the period within which the return must be filed under paragraph (2)(b).

• Marginal note:Contents of return

  (3) The return shall set out the following information:

  • (a) the name and business address of the officer responsible for filing returns;

  • (b) the name and business address of the employer;

  • (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);

  • (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;

  • (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;

  • (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;

  • (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;

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

  • (f.1) if the employer is a corporation, the name of

    • (i) each senior officer any part of whose duties is as described in paragraph (1)(a), and

    • (ii) any other employee any part of whose duties is as described in paragraph (1)(a), if that part constitutes a significant part of the duties of that employee;

  • (g) if the return is filed under paragraph (2)(a), particulars to identify the subject-matter of any communication between any employee named in the return and a public office holder in respect of any matter described in subparagraphs (1)(a)(i) to (v) during the period between the date on which the requirement to file a return first arises under subsection (1) and the date of filing, and any other information respecting that subject-matter that is prescribed;

  • (h) if the return is filed under paragraph (2)(b), particulars to identify the subject-matter of any communication between any employee named in the return and a public office holder in respect of any matter described in subparagraphs (1)(a)(i) to (v) during a six-month period referred to in paragraph (2)(b) and any other information respecting that subject-matter that is prescribed;

  • (h.1) if any employee named in the return communicates with a public office holder in respect of any matter described in subparagraphs (1)(a)(i) to (v) during the period between the expiry of a six-month period referred to in paragraph (2)(b) and the date on which the return is filed under that paragraph, particulars to identify the subject-matter of the communication and any other information respecting that subject-matter that is prescribed;

  • (h.2) if any employee named in the return is expected to communicate with a public office holder in respect of any matter described in subparagraphs (1)(a)(i) to (v) during the six-month period after the date of filing under paragraph (2)(a), or during the six-month period after the expiry of a six-month period referred to in paragraph (2)(b), particulars to identify the subject-matter of the communication and any other information respecting that subject-matter that is prescribed;

  • (h.3) if any employee named in the return is a former public office holder, a description of the offices held;

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

  • (j) the name of any department or other governmental institution in which a public office holder is employed or serves, if any employee named in the return,

    • (i) communicates with the public office holder in respect of any matter described in subparagraphs (1)(a)(i) to (v) during the period referred to in paragraph (g), (h) or (h.1), or

    • (ii) is expected to communicate with the public office holder in respect of any matter described in subparagraphs (1)(a)(i) to (v) during either of the periods referred to in paragraph (h.2);

  • (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

    • (i) uses in connection with any communication in respect of any matter described in subparagraphs (1)(a)(i) to (v) during the period referred to in paragraph (g), (h) or (h.1), or

    • (ii) is expected to use in connection with any communication in respect of any matter described in subparagraphs (1)(a)(i) to (v) during either of the periods referred to in paragraph (h.2); and

  • (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).

• Marginal note:Changes to information

  (4) If an employee who has been named in a return no longer performs any of the duties described in paragraph (1)(a) or is no longer employed by the employer, the officer responsible for filing returns shall, in the prescribed form and manner, not later than thirty days after the change occurs, advise the registrar of the change.

• Marginal note:Information requested by registrar

  (5) If the registrar requests information to clarify any information that has been provided to the registrar 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 registrar with the information.

• Marginal note:Definitions

  (6) In this section,

  employee

  employé

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

  officer responsible for filing returns

  déclarant

  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)

  senior officer

  cadre dirigeant

  senior officer, in respect of a corporation, means

  • (a) a chief executive officer, chief operating officer or president of the corporation, or

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

Certification

Marginal note:Certification

7.1 Every individual who submits a return or other document to the registrar 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 registrar, 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 registrar under this Act may be submitted in electronic or other form by such means and in such manner as is specified by the registrar.

• 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 registrar 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 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.

• 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 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.

Registry

Marginal note:Registrar

8 The Registrar General of Canada may designate any person employed in the office of the Registrar General of Canada as the registrar for the purposes of this Act.

Marginal note:Registry

• 9 (1) The registrar shall establish and maintain a registry in which shall be kept a record of all returns and other documents submitted to the registrar under this Act.

• Marginal note:Form of registry

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

• Marginal note:Audit

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

• Marginal note:Access to registry

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

Marginal note:Interpretation bulletins

• 10 (1) The registrar 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 10.6.

• 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’ Code of Conduct

10.1 [Repealed, 2004, c. 7, s. 21]

Marginal note:Lobbyists’ Code of Conduct

• 10.2 (1) The registrar 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 registrar shall consult persons and organizations that the registrar 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).

Marginal note:Investigation of breaches

• 10.4 (1) Where the registrar believes on reasonable grounds that a person has breached the Code, the registrar shall investigate to determine whether a breach has occurred.

• Marginal note:Powers of investigation

  (2) For the purpose of conducting the investigation, the registrar 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 registrar and compel them to give oral or written evidence on oath, and

    • (ii) compel persons to produce any documents or other things that the registrar considers necessary for the investigation, including any record of a payment received, disbursement made or expense incurred by an individual who is required to file a return under subsection 5(1) or by an employee who, in accordance with paragraph 7(3)(f) or (f.1), is named in a return filed under subsection 7(1), in respect of any matter referred to in any of subparagraphs 5(1)(a)(i) to (vi) or 7(1)(a)(i) to (v), as the case may be; 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 registrar.

• Marginal note:Opportunity to present views

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

• Marginal note:Confidentiality

  (6) The registrar, and every person acting on behalf of or under the direction of the registrar, 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 registrar, 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 registrar; or

  • (c) the registrar 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. [2004, c. 7, par. 39(3)(b)]

  • (c) the Ethics Counsellor 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. [2003, c. 10, s. 10(2)]

• Marginal note:Advice to peace officers

  (7) If, during the course of performing duties and functions under this section, the registrar 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 registrar shall advise a peace officer having jurisdiction to investigate the alleged offence. [2004, c. 7, par. 39(3)(c)]

• Marginal note:Suspension of investigation

  (8) The registrar must immediately suspend an investigation under this section of an alleged breach of the Code by any person if

  • (a) the registrar believes on reasonable grounds that the person has committed an offence under this or any other Act of Parliament or of the legislature of a province in respect of the same subject-matter; or

  • (b) it is discovered that the subject-matter of the investigation under this section is also the subject-matter of an investigation to determine whether an offence referred to in paragraph (a) has been committed or that a charge has been laid with respect to that subject-matter. [2004, c. 7, par. 39(3)(c)]

• Marginal note:Investigation continued

  (9) The registrar may not continue an investigation under this section until any investigation or charge regarding the same subject-matter has been finally disposed of. [2004, c. 7, par. 39(3)(c)]

• Marginal note:Advice to peace officers

  (7) If, during the course of performing duties and functions under this section, the Ethics Counsellor 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 Ethics Counsellor shall advise a peace officer having jurisdiction to investigate the alleged offence. [2003, c. 10, s. 10(3)]

• Marginal note:Suspension of investigation

  (8) The Ethics Counsellor must immediately suspend an investigation under this section of an alleged breach of the Code by any person if

  • (a) the Ethics Counsellor believes on reasonable grounds that the person has committed an offence under this or any other Act of Parliament or of the legislature of a province in respect of the same subject-matter; or

  • (b) it is discovered that the subject-matter of the investigation under this section is also the subject-matter of an investigation to determine whether an offence referred to in paragraph (a) has been committed or that a charge has been laid with respect to that subject-matter. [2003, c. 10, s. 10(3)]

• Marginal note:Investigation continued

  (9) The Ethics Counsellor may not continue an investigation under this section until any investigation or charge regarding the same subject-matter has been finally disposed of. [2003, c. 10, s. 10(3)]

Marginal note:Report

• 10.5 (1) After conducting an investigation, the registrar shall prepare a report of the investigation, including the findings, conclusions and reasons for the registrar's conclusions, and submit it to the Registrar General of Canada who shall cause a copy of it to be laid before each House of Parliament on any of the first fifteen sitting days on which that House is sitting after it is received.

• Marginal note:Contents of report

  (2) The report may contain details of any payment received, disbursement made or expense incurred by an individual who is required to file a return under subsection 5(1) or by an employee who, in accordance with paragraph 7(3)(f) or (f.1), is named in a return filed under subsection 7(1), in respect of any matter referred to in any of subparagraphs 5(1)(a)(i) to (vi) or 7(1)(a)(i) to (v), as the case may be, if the registrar considers publication of the details to be in the public interest.

Marginal note:Annual report

10.6 The registrar shall, within three months after the end of each fiscal year, prepare a report with regard to the exercise of the powers, duties and functions conferred on the registrar under this Act during the fiscal year and submit the report to the Registrar General of Canada who shall cause a copy of it to be laid before each House of Parliament on any of the first fifteen sitting days on which that House is sitting after it is received.

Annual Report

Marginal note:Annual report

• 11 (1) The registrar shall, within three months after the end of each fiscal year, prepare a report with regard to the administration of this Act, other than sections 10.2 to 10.6, during that fiscal year and submit the report to the Registrar General of Canada.

• Marginal note:Tabling

  (2) The Registrar General of Canada shall cause a copy of the report prepared pursuant to subsection (1) to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after it is received.

Regulations

Marginal note:Regulations

12 The Governor in Council may make regulations

• (a) requiring a fee to be paid on the filing of a return or a return of a class of returns under section 5 or 7, or for any service performed or the use of any facility provided by the registrar, and prescribing the fee or the manner of determining it;

• (b) respecting the submission of returns or other documents to the registrar under this Act, including those that may be submitted in an electronic or other form under section 7.2, the persons or classes of persons by whom they may be submitted in that form and the time at which they are deemed to be received by the registrar;

• (c) respecting the entering or recording of any return or other document under section 7.3;

• (d) prescribing any matter or thing that by this Act is to be or may be prescribed; and

• (e) generally for carrying out the purposes and provisions of this Act.

Recovery of Fees

Marginal note:Recovery of fees

13 Any fee required by the regulations to be paid constitutes a debt due to Her Majesty in right of Canada and may be recovered in any court of competent jurisdiction.

Offences and Punishment

Marginal note:Contravention of Act or regulations

• 14 (1) Every individual who contravenes any provision of this Act, other than subsection 10.3(1), or the regulations is guilty of an offence and liable on summary conviction to a fine not exceeding twenty-five thousand dollars.

• Marginal note:False or misleading statements

  (2) Every individual who knowingly makes any false or misleading statement in any return or other document submitted to the registrar under this Act, whether in electronic or other form, is guilty of an offence and liable

  • (a) on summary conviction, to a fine not exceeding twenty-five thousand dollars or to imprisonment for a term not exceeding six months, or to both; and

  • (b) on proceedings by way of indictment, to a fine not exceeding one hundred thousand dollars or to imprisonment for a term not exceeding two years, or to both.

• Marginal note:Limitation of proceedings

  (3) Proceedings by way of summary conviction in respect of an offence under this section may be instituted at any time within but not later than two years after the time when the subject-matter of the proceedings arose.

Review by Parliament

Marginal note:Review of Act by parliamentary committee

• 14.1 (1) A comprehensive review of the provisions and operation of this Act must be undertaken, every five years after this section comes into force, by the committee of the Senate, of the House of Commons, or of both Houses of Parliament, that may be designated or established for that purpose.

• Marginal note:Review and report

  (2) The committee referred to in subsection (1) must, within a year after the review is undertaken or within any further period that the Senate, the House of Commons, or both Houses of Parliament, as the case may be, may authorize, submit a report on the review to Parliament that includes a statement of any changes to this Act or its operation that the committee recommends.

Coming into Force

Marginal note:Coming into force

Footnote ^*15 This Act or any provision thereof shall come into force on a day or days to be fixed by proclamation.

• Return to footnote ^*[Note: Act in force September 30, 1989, see SI/89-193.]