GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Lobbying Act — L-12.4 (a)
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 )
Lobbying Act — L-12.4
payment means money or anything of value and includes a contract, promise or agreement to pay money or anything of value; ( paiement )
Lobbying Act — L-12.4
prescribed means prescribed by regulation; ( Version anglaise seulement )
Lobbying Act — L-12.4 (a)
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 )
Lobbying Act — L-12.4 3
Binding on Her Majesty 3 This Act is binding on Her Majesty in right of Canada or a province.
Lobbying Act — L-12.4 4
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. 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. 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. R.S., 1985, c. 44 (4th Supp.), s. 4; 1994, c. 35, s. 36; 1995, c. 12, s. 2; 2000, c. 7, s. 24; 2003, c. 10, s. 3; 2004, c. 17, ss. 17, 20
Lobbying Act — L-12.4 4.1
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. 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. 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. 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. 2006, c. 9, s. 68 2022, c. 10, s. 250
Lobbying Act — L-12.4 4.2
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. 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. Remuneration and expenses (3) The Commissioner shall be paid the remuneration and expenses set by the Governor in Council. 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. 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 . 2006, c. 9, s. 68
Lobbying Act — L-12.4 4.3
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 . 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. 2006, c. 9, s. 68
Lobbying Act — L-12.4 4.4
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. 2006, c. 9, s. 68
Lobbying Act — L-12.4 5
d manner, with such information as the Commissioner may request to clarify any information that the individual has provided to the Commissioner pursuant to this section, and shall do so not later than thirty days after the request is made. 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. 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. R.S., 1985, c. 44 (4th Supp.), s. 5; 1995, c. 12, s. 3; 1999, c. 31, s. 163(F); 2003, c. 10, s. 4; 2006, c. 9, ss. 69, 81
Lobbying Act — L-12.4 7
 a report has been filed under that subsection advising of that fact in accordance with paragraph (4)(c). 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. Definitions (6) In this section, employee includes an officer who is compensated for the performance of their duties; ( employé ) 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 , 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
Lobbying Act — L-12.4
employee includes an officer who is compensated for the performance of their duties; ( employé )
Lobbying Act — L-12.4
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 )
Lobbying Act — L-12.4 (a)
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 )
Lobbying Act — L-12.4 7.1
Certification 7.1 Every individual who submits a return or other document to the Commissioner 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 Commissioner, that the information contained in it is true to the best of their knowledge and belief. 1995, c. 12, s. 3; 2006, c. 9, s. 81
Lobbying Act — L-12.4 7.2
Submission of documents 7.2 (1) Subject to the regulations, any return or other document that is required to be submitted to the Commissioner under this Act may be submitted in electronic or other form by such means and in such manner as is specified by the Commissioner. 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 Commissioner at the time provided for in the regulations. 1995, c. 12, s. 3; 2006, c. 9, s. 81
Lobbying Act — L-12.4 7.3
Storage 7.3 (1) Subject to the regulations, any return or other document that is received by the Commissioner 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. 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 Commissioner’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. 1995, c. 12, s. 3; 2006, c. 9, s. 81
Lobbying Act — L-12.4 9
Registry 9 (1) The Commissioner shall establish and maintain a registry in which shall be kept a record of all returns and other documents submitted to the Commissioner under this Act and of any information sent under subsection 9.1(1) and responses provided relative to that information. Form of registry (2) The registry shall be organized in such manner and kept in such form as the Commissioner may determine. Audit (3) The Commissioner may verify the information contained in any return or other document submitted to the Commissioner under this Act. Clarifications and corrections (3.1) Every individual who is required to submit returns or other documents referred to in subsection (1), or to provide responses referred to in that subsection, shall provide in the prescribed time, manner and form any clarification or correction to them that the Commissioner requires. Access to registry (4) The registry shall be open to public inspection at such place and at such reasonable hours as the Commissioner may determine. R.S., 1985, c. 44 (4th Supp.), s. 9; 1995, c. 12, s. 5; 2006, c. 9, ss. 72, 81
Lobbying Act — L-12.4 9.1
Confirmation of lobbying activity information 9.1 (1) The Commissioner may send to any present or former designated public office holder information derived from that referred to in paragraph 5(3)(a) or 7(4)(a) and provided in returns filed under subsection 5(3) or 7(4) in order that the office holder — in the prescribed time, manner and form — confirm to the Commissioner its accuracy and completeness or correct and complete it. Report (2) The Commissioner may, in a report under section 11 or 11.1, report on the failure by a present or former designated public office holder to respond relative to information sent under subsection (1) or the provision by such a person of an unsatisfactory response. 2006, c. 9, s. 73
Lobbying Act — L-12.4 10
Interpretation bulletins 10 (1) The Commissioner 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 10.5. 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. R.S., 1985, c. 44 (4th Supp.), s. 10; 1995, c. 12, s. 5; 2004, c. 7, s. 20; 2006, c. 9, s. 74
Lobbying Act — L-12.4 10.1
Prohibition — lobbyist 10.1 (1) An individual who is required to file a return under subsection 5(1) shall not receive any payment that is in whole or in part contingent on the outcome of any matter described in subparagraphs 5(1)(a)(i) to (vi) or on the individual’s success in arranging a meeting referred to in paragraph 5(1)(b). Prohibition — client (2) The client of an individual referred to in subsection (1) shall not make any such payment to the individual. 1995, c. 12, s. 5; 2004, c. 7, s. 21; 2006, c. 9, s. 75
Lobbying Act — L-12.4 10.11
Five-year prohibition — lobbying 10.11 (1) No individual shall, during a period of five years after the day on which the individual ceases to be a designated public office holder, (a) carry on any of the activities referred to in paragraph 5(1)(a) or (b) in the circumstances referred to in subsection 5(1); (b) if the individual is employed by an organization, carry on any of the activities referred to in paragraph 7(1)(a) on behalf of that organization; and (c) if the individual is employed by a corporation, carry on any of the activities referred to in paragraph 7(1)(a) on behalf of that corporation if carrying on those activities would constitute a significant part of the individual’s work on its behalf. Exception (2) Subsection (1) does not apply in respect of any designated public office that was held only because the individual participated in an employment exchange program. Exemption (3) On application, the Commissioner of Lobbying may, on any conditions that the Commissioner specifies, exempt an individual from the application of subsection (1) if the Commissioner is of the opinion that the exemption would not be contrary to the purposes of this Act having regard to any circumstance or factor that the Commissioner considers relevant, including whether the individual (a) was a designated public office holder for a short period; (b) was a designated public office holder on an acting basis; (c) was employed under a program of student employment; or (d) had administrative duties only. Publication (4) The Commissioner shall without delay cause every exemption and the Commissioner’s reasons for it to be made available to the public. 2006, c. 9, s. 75
Lobbying Act — L-12.4 10.12
Application for exemption 10.12 (1) Any person who is subject to this Act as if they were a designated public office holder by reason of subsection 2(3), may apply to the Commissioner for an exemption from section 10.11. Commissioner may exempt (2) The Commissioner may, on any conditions that the Commissioner specifies, exempt the person from the application of section 10.11 having regard to any circumstance or factor that the Commissioner considers relevant, including the following: (a) the circumstances under which the person left the functions referred to in subsection 2(3); (b) the nature, and significance to the Government of Canada, of information that the person possessed by virtue of the functions referred to in subsection 2(3); (c) the degree to which the person’s new employer might gain unfair commercial advantage by hiring the person; (d) the authority and influence that the person possessed while having the functions referred to in subsection 2(3); and (e) the disposition of other cases. Publication (3) The Commissioner shall without delay cause every exemption and the Commissioner’s reasons for it to be made available to the public. Audit (4) The Commissioner may verify the information contained in any application under subsection (1). 2006, c. 9, s. 75
Lobbying Act — L-12.4 10.2
Lobbyists’ Code of Conduct 10.2 (1) The Commissioner shall develop a Lobbyists’ Code of Conduct respecting the activities described in subsections 5(1) and 7(1). Consultation (2) In developing the Code, the Commissioner shall consult persons and organizations that the Commissioner considers are interested in the Code. Referral (3) The Code shall be referred to a committee of the House of Commons before being published under subsection (4). 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 . 1995, c. 12, s. 5; 2003, c. 10, s. 8; 2004, c. 7, ss. 22, 39; 2006, c. 9, s. 81
Lobbying Act — L-12.4 10.3
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). 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). 1995, c. 12, s. 5; 2003, c. 10, s. 9
Lobbying Act — L-12.4 10.4
ith respect to that subject-matter. Investigation continued (9) The Commissioner may not continue an investigation under this section until any investigation or charge regarding the same subject-matter has been finally disposed of. 1995, c. 12, s. 5; 2003, c. 10, s. 10; 2004, c. 7, ss. 23, 39; 2006, c. 9, ss. 77, 81
Lobbying Act — L-12.4 10.5
Report on investigation 10.5 (1) After conducting an investigation, the Commissioner shall prepare a report of the investigation, including the findings, conclusions and reasons for the Commissioner’s conclusions, and submit it to the Speaker of the Senate and the Speaker of the House of Commons, who shall each table the report in the House over which he or she presides forthwith after receiving it or, if that House is not then sitting, on any of the first fifteen days on which that House is sitting after the Speaker receives it. 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, or of any payment made by the client of an individual who is required to file a return under subsection 5(1) in respect of any matter referred to in any of subparagraphs 5(1)(a)(i) to (vi), any communication referred to in paragraph 5(1)(a) or any meeting referred to in paragraph 5(1)(b), if the Commissioner considers publication of the details to be in the public interest. 1995, c. 12, s. 5; 2003, c. 10, s. 11; 2004, c. 7, ss. 23, 39; 2006, c. 9, s. 78
Lobbying Act — L-12.4 11
Annual report 11 The Commissioner shall, within three months after the end of each fiscal year, prepare a report with regard to the administration of this Act during that fiscal year and submit the report to the Speaker of the Senate and the Speaker of the House of Commons, who shall each table the report in the House over which he or she presides forthwith after receiving it or, if that House is not then sitting, on any of the first fifteen days on which that House is sitting after the Speaker receives it. R.S., 1985, c. 44 (4th Supp.), s. 11; 1995, c. 12, s. 6; 2004, c. 7, s. 24; 2006, c. 9, s. 78
Lobbying Act — L-12.4 11.1
Special reports 11.1 (1) The Commissioner may, at any time, prepare a special report concerning any matter within the scope of the powers, duties and functions of the Commissioner if, in the opinion of the Commissioner, the matter is of such urgency or importance that a report on it should not be deferred until the next annual report. Tabling of special report (2) The Commissioner shall submit the special report to the Speaker of the Senate and the Speaker of the House of Commons, who shall each table the report in the House over which he or she presides forthwith after receiving it or, if that House is not then sitting, on any of the first fifteen days on which that House is sitting after the Speaker receives it. 2006, c. 9, s. 78