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

Short Title

Marginal note:Short title

1 This Act may be cited as the Lobbying Act.

Interpretation

Marginal note:Definitions

• 2 (1) In this Act,

  designated public office holder

  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). (titulaire d’une charge publique désignée)

  Ethics Counsellor

  Ethics Counsellor[Repealed, 2004, c. 7, s. 19]

  organization

  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

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

  prescribed

  prescribed means prescribed by regulation; (Version anglaise seulement)

  public office holder

  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

  registrar[Repealed, 2006, c. 9, s. 67]

• 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.

• 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.

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.

Office of the Commissioner of Lobbying

Commissioner of Lobbying

Marginal note:Commissioner 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.

• Marginal note:Tenure of office and removal

  (2) 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.

• Marginal note:Further terms

  (3) 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.

• Marginal note:Interim appointment

  (4) 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.

Marginal note:Rank 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.

• Marginal note:Duties and functions

  (2) 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.

• Marginal note:Remuneration and expenses

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

• Marginal note:Pension benefits

  (4) 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.

• Marginal note:Other benefits

  (5) 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.

Staff

Marginal note:Staff 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.

• Marginal note:Technical assistance

  (2) 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.

Delegation

Marginal note:Delegation by Commissioner

4.4 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

• (a) the power to delegate under this section; and

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