Lobbying Act

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)]