Marginal note:Requirement to file return
7 (1) The officer responsible for filing returns for a corporation or organization shall file with the Commissioner, 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 limit for filing return
(2) The officer responsible for filing returns shall file a return not later than two months after the day on which the requirement to file a return first arises under subsection (1).
(2.1) [Repealed, 2006, c. 9, s. 70]
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,
(i) a list including the name of each senior officer or employee a significant part of whose duties is as described in paragraph (1)(a), and
(ii) a second list including the name of each other senior officer any part of whose duties is as described in paragraph (1)(a) but without constituting a significant part;
(g) particulars to identify the subject-matter of any communication that any employee named in the return has made or is expected to make with a public office holder in respect of any matter described in subparagraphs (1)(a)(i) to (v) and any other information respecting that subject-matter that is prescribed;
(h) if any employee named in the return is a former public office holder, a description of the offices held, which of those offices, if any, qualified the employee as a designated public office holder and the date on which the employee last ceased to hold such a designated public office;
(h.1) to (h.3) [Repealed, 2006, c. 9, s. 70]
(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 any public office holder with whom any employee named in the return communicates or is expected to communicate in respect of any matter described in subparagraphs (1)(a)(i) to (v) is employed or serves;
(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 uses or is expected to use in connection with any communication in respect of any matter described in subparagraphs (1)(a)(i) to (v); 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:Requirement to file monthly return
(4) The officer responsible for filing returns 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,
(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 officer would have been required to provide under that subsection has come to the knowledge of the officer after the return was filed, provides the corrected or additional information; and
(c) if the employer no longer employs any employees whose duties are as described in paragraphs (1)(a) and (b), advises the Commissioner of that fact.
Marginal note:First monthly return
(4.1) The first return filed under subsection (4) shall, despite paragraph (4)(a), set out the information required by that paragraph in respect of communications made between the day on which the requirement to file a return first arose under subsection (1) and the end of the month immediately before the filing of the return.
Marginal note:Exception
(4.2) Subject to subsection (4.3), no return is required under subsection (4) if no communication referred to in paragraph (4)(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 (4)(b) and (c) have not arisen.
Marginal note:Return — six-month period
(4.3) 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 under subsection (4), even if, since the last return, no communication was made as referred to in paragraph (4)(a) and the circumstances referred to in paragraphs (4)(b) and (c) have not arisen, in which case the report shall so state.
Marginal note:Termination of reporting obligation
(4.4) The obligation to file a return under subsection (4) terminates when the employer no longer employs any employees whose duties are as described in paragraphs (1)(a) and (b) and a report has been filed under that subsection advising of that fact in accordance with paragraph (4)(c).
Marginal note:Information requested by Commissioner
(5) If the Commissioner requests information to clarify any information that has been provided to the Commissioner 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 Commissioner with the information.
Marginal note:Definitions
(6) In this section,
- employee
employee includes an officer who is compensated for the performance of their duties; (employé)
- officer responsible for filing returns
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
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)
- R.S., 1985, c. 44 (4th Supp.), s. 7
- 1995, c. 12, s. 3
- 2003, c. 10, s. 7
- 2006, c. 9, ss. 70, 81
- Date modified: