Frequently asked questions

General

1. What is "Lobbying"?

Lobbying is communicating, with public office holders, for payment with regard to:

  • the making, developing or amending of federal legislative proposals, bills or resolutions, regulations, policies or programs;
  • the awarding of federal grants, contributions or other financial benefits; and
  • the awarding of a federal government contract (for consultant lobbyists only).

In the case of consultant lobbyists, the Lobbying Act also defines lobbying as arranging a meeting between a public office holder and any other person.

Reference in the Lobbying Act: Subsections 5(1) and 7(1)

2. What activities are not considered lobbying?

The following activities are exempt from the Lobbying Act and are therefore not considered lobbying:

  • Oral or written submissions to parliamentary committees.
  • Oral or written communications to a public office holder concerning the enforcement, interpretation or the application of any Act of Parliament or regulation.
  • Oral or written communications made to a public office holder that are restricted to requests for information.

3. Is there a code of conduct for lobbyists?

The first version of the Lobbyists' Code of Conduct (the Code) came into effect on March 1, 1997. In 2015, the Commissioner of Lobbying amended the Code, following a public consultation. This version came into force on December 1, 2015. The objective of the Code is to assure Canadians that when lobbying of federal public office holders takes place, it is done ethically, with a view to enhancing public confidence and trust in the integrity of government decision making.

The Lobbyists' Code of Conduct establishes mandatory standards of conduct for individuals who engage in activity deemed registrable under the Act. Like most professional codes, the Lobbyists' Code of Conduct begins with a preamble that states its purpose and places it in a broader context. Next, a body of overriding principles sets out, in positive terms, the goals and objectives to be achieved. The principles of Respect for Democratic Institutions, Integrity and Honesty, Openness and Professionalism are set out as goals that should be pursued by lobbyists.

The principles are followed by a series of ten rules that place specific obligations and requirements on lobbyists. The rules are organized into three categories: Transparency; Use of Information; and Conflict of Interest.

Under the rules of Transparency, lobbyists have an obligation to disclose the identity of the person, organization or corporation on whose behalf their representation is made, the nature of their relationship with that person, organization or corporation, as well as the reasons for the approach. They must provide accurate information to public office holders. Consultant lobbyists must inform their clients of their obligations under the Lobbying Act and the Lobbyists' Code of Conduct, and the responsible officer in organizations and corporations must ensure that employees who lobby are informed of their obligations under the Act and the Code.

Under the category of Use of Information, lobbyists must ensure that information provided by public office holders is only used in the manner consistent with the purpose for which it was shared. If they obtain a government document they should not have, they shall neither use nor disclose it.

The Conflict of Interest rules prohibit lobbyists from placing public office holders in a real or apparent conflict of interest. Specific rules provide guidance to lobbyist in the areas of preferential access, political activities and gifts.

The Commissioner of Lobbying has the authority to administer and enforce the Lobbyists' Code of Conduct if there is an alleged breach of either a principle or a rule of the Code.

4. What are the different types of lobbyists?

There are two types of lobbyist:

  1. Consultant lobbyists are self-employed or work for firms active in the fields of government relations, law or strategic advice. They are paid to communicate with public office holders on behalf of their clients. They may communicate with public office holders regarding registrable subject matter on behalf of their clients or they may simply arrange meetings between public office holders and their clients. Consultant lobbyists are required to register each of their lobbying undertakings.
  2. In-house lobbyists communicate with public office holders on behalf of the corporation or the organization that employs them. Registration is required when one or more of the employees communicate with public office holders regarding certain subjects and those duties constitute a significant part of the duties of one employee. In-house lobbyists (Corporations) work for compensation in an entity that operates for profit. In-house lobbyists (Organizations) work for compensation in a non-profit entity.

Reference in the Lobbying Act: Subsections 5(1) and 7(1)

5. When members of boards of directors are involved in lobbying activities, are they considered "in-house lobbyists" or "consultant lobbyists"?

If the chairperson or member of a board of directors is not an employee of the company or non-profit organization and receives remuneration beyond reimbursement of expenses, he/she must register as a consultant lobbyist. Consultant lobbyists are also required to disclose whether they are lobbying as a member of a client's board of directors or on behalf of an organization of which they are a member.

If the chairperson or member of a board of directors is also an employee of a company or a non-profit organization, he/she may have to be registered as an in-house lobbyist.

Reference in the Lobbying Act: Subsections 5(1) and 7.1

Other source documents:

6. Are there individuals whose activities are exempt from the Lobbying Act?

Certain individuals are not required to register when acting in their official capacity:

  • Members of the legislature of a province or their staff;
  • Provincial government employees;
  • Members of municipal councils or their staff, as well as municipal employees;
  • Members of a council of an Indian band or their staff, as well as band council employees;
  • Members of an aboriginal government or their staff;
  • Diplomatic agents, consular officers or official representatives of a foreign government,
  • Officials of the United Nations or other international organizations that have been granted privileges and immunities.

Certain individuals are not required to register because they are not paid:

  • Volunteers;
  • Private citizens.

Reference in the Lobbying Act: Subsection 4(1)

7. How does a new registrant create an account?

To create an account, there are several steps.

  • Registrants and/or representatives must first create an account within the on-line Lobbyists Registration System (LRS) by entering profile information regarding themselves, as well as their employer.
  • After completing their profile, registrants and/or representatives will be provided with an account number and will select a user name and a password.
  • Next, the registrant will need to print the Registrant User Agreement establishing the conditions under which access privileges will be granted.
  • The RUA must then be signed by the registrant (not the representative) and sent either as a scanned e-mail attachment, by fax or by regular mail to the Office of the Commissioner of Lobbying (OCL).
  • Once the agreement is accepted, the OCL will upgrade the account's access level so that registrations can be filed within the LRS for publication in the Registry of Lobbyists.

Note: Activation of an LRS account does not constitute a registration.
It is only after a lobbyist's registration has been submitted, approved by the OCL and posted to the Registry of Lobbyists that he/she is considered a registered lobbyist.

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8. Can a registrant ask a representative to manage his/her registration?

The registrant may authorize one or more representatives within or outside the firm, corporation or organization to compile and input information into the Lobbyists Registration System on his/her behalf. However, only the registrant may certify a registration or a monthly communication report. Furthermore, delegating to a representative does not release the registrant from his/her accountability for the accuracy of the information contained in returns.

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9. Do lobbyists have to file a registration if they are participating in a government-initiated consultation?

Any paid communication with a public office holder regarding prescribed subject matters on behalf of a client or employer, is considered a lobbying activity for which a registration may be required. In cases where the communications take place in an open forum, and the names and statements of participants are a matter of public record, registration would not be required. When determining whether registration is required, the most senior officer of organizations or corporations should not factor in time spent preparing or participating in such meetings.

For example, parliamentary committees are transparent in terms of participants, proceedings, and decisions. Conversely, closed meetings involving unknown participants, with no record of discussions or decisions, and no details about the proceedings, are less transparent. Thus, as a consultation process approaches the transparency level of a parliamentary committee, the requirement for registration becomes less necessary.

10. What are the time limits for registering and reporting lobbying activities?

The Lobbying Act requires that registrations be filed with the OCL in accordance with the following time limits:

  • Consultant lobbyists: not later than 10 days after entering into the undertaking;
  • In-house lobbyists: not later than two months after the day on which the requirement to file a return arises.

In addition, the Act stipulates that monthly communication reports must be filed with the OCL not later than 15 days after the end of the month following the date of the communication.

If five months have elapsed since the end of the month in which a return was filed (e.g. monthly communication reports or registration update), and there have been no changes to the registration and no oral and arranged communications with designated public office holders, the Act requires that the registrant file a six-month return before the first of the following month.

Reference in the Lobbying Act: Subsections 5(1.1), 5(3), 5(4.2), 7(2), 7(4) and 7(4.3).

11. What are the consequences for failing to register my lobbying undertakings?

There are consequences for not complying with the provisions of the Lobbying Act and the Lobbyists' Code of Conduct. The Act provides for penalties for lobbyists who are found guilty of failing to register or making false or misleading statements in any return or document submitted to the Commissioner and are liable:

  • on summary conviction, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding six months, or to both; and
  • on proceedings by way of indictment, to a fine not exceeding $200,000 or to imprisonment for a term not exceeding two years, or to both.

The Commissioner may also impose a prohibition on lobbying for up to two years on anyone convicted under the Act.

If an individual breaches a principle or a rule of the Code, the Commissioner will make this public in a Report on Investigation tabled in both Houses of Parliament.

Reference in the Lobbying Act: Section 10.4 and Office of the Commissioner of Lobbying Annual Report 2012/13 (page 14)

12. What should a registrant do if a deadline for submitting a registration or a monthly communication report is missed?

If a deadline has been missed, the registrant should submit his/her return in the Lobbyists Registration System as soon as possible. This will ensure transparency of the lobbying activities. At the same time, the registrant should contact the OCL and inform his/her Registration Advisor of the cause of the delay and the action that will be taken to avoid missing deadlines in the future. Based on the information provided and the compliance history of the registrant, an assessment will be undertaken by the OCL to determine the most suitable compliance measure. Voluntary disclosures tend to be viewed favourably by the Commissioner.

13. Who are public office holders under the Lobbying Act?

A federal public office holder is any officer or employee of Her Majesty in right of Canada, whether elected or appointed. This broad category includes Members of Parliament, Senators, and parliamentary staff, members of the Canadian Armed Forces and the Royal Canadian Mounted Police, and federal government employees.

Reference in the Lobbying Act: Subsection 2(1)

14. Who are designated public office holders under the Lobbying Act?

The sub-category of designated public office holders (DPOH) includes Ministers, Ministers of State, ministerial staff, senior public officials such as Deputy Ministers, and Associate and Assistant Deputy Ministers (including those of comparable rank), as well as the following prescribed positions:

  • Members of Parliament
  • Senators
  • Any position on the staff of the Leader of the Opposition in the House of Commons or on the staff of the Leader of the Opposition in the Senate, that is occupied by a person appointed pursuant to subsection 128(1) of the Public Service Employment Act
  • Chief of the Defence Staff
  • Vice Chief of the Defence Staff
  • Chief of Maritime Staff
  • Chief of Land Staff
  • Chief of Air Staff
  • Chief of Military Personnel
  • Judge Advocate General
  • Any position of Senior Advisor to the Privy Council to which the office holder is appointed by the Governor in Council
  • Deputy Minister (Intergovernmental Affairs) Privy Council Office
  • Comptroller General of Canada, and
  • Any position to which the office holder is appointed pursuant to paragraph 127.1(1)(a) or (b) of the Public Service Employment Act

The Commissioner has established criteria to be used to determine if a particular POH position is of comparable rank to that of associate or assistant deputy minister. (See Interpretation Bulletin on "Comparable Rank" for Designated Public Offices.)

If an individual is acting in a DPOH position for more than four consecutive months, the individual will be designated a DPOH. (See Interpretation Bulletin on Acting Appointments in Designated Public Office Holder Positions.)

15. When are monthly returns required?

Lobbyists are required to file a monthly return no later than 15 days after the end of every month, if any of the following four conditions exists:

  • An oral and arranged communication with a designated public office holder took place during the month being reported upon.
  • Information contained in an active registration is no longer correct or additional information that the lobbyist has become aware of should be included in the registration (e.g., new government institution being lobbied, new subject matter being lobbied, etc.).
  • The lobbying activities have terminated or in the case of in-house lobbyists' (corporations and organizations) activities, no longer require registration.

If five months have elapsed since the end of the month in which a return was filed (e.g. monthly communication report or registration update) and there have been no changes to the registration and no oral and arranged communications with designated public office holders, the Act requires that the registrant file a six-month return before the first of the following month.

Reference in the Lobbying Act: Subsections 5(3) and 7(4)

Other source document:

16. What exactly is an oral and arranged communication?

Oral communications include:

  • telephone conversations/teleconferences,
  • meetings, or
  • any other verbal communication (for example, a communication that takes place over the Internet using VoIP or other modern technologies).

An arranged communication is one that has been arranged in advance, and where:

  • there is a request made;
  • the request is accepted; and
  • there is a time interval between the request and the communication.

Reference in the Lobbyists Registration Regulations: Sections 6 and 9

Other source document:

17. Which public office holders should be included in a monthly communication report?

Monthly communication reports should contain the names of each designated public office holder with whom oral and arranged communications took place. If more than one designated public office holder participated in the communication, all names should be included in the monthly communication report.

Reference in the Lobbying Act: Subparagraphs 5(3)(a)(i) and 7(4)(a)(i)

18. Can registered lobbyists participate in political activities?

It depends; both political activities and lobbying activities are legal and legitimate. Whether participating in political activities places a lobbyist at risk of breaching the Lobbyists' Code of Conduct depends on several factors.

Subsection 10.3 of the Lobbying Act states that lobbyists are required to comply with the requirements of the Lobbyists' Code of Conduct. The purpose of the Code is to assure the Canadian public that lobbying is done ethically and with the highest standards with a view to conserving and enhancing public confidence and trust in the integrity, objectivity and impartiality of government decision making.

Political activities are one way that a lobbyist could create a sense of obligation on the part of a public office holder. The term "political activities" encompasses a wide range of actions in support of a candidate or a political party from distributing flyers, posting signs, helping with fundraising, or running election campaigns. Some of those activities may be of limited duration, while others may be of a longer or more ongoing nature.

The issue of conflict of interest, and the application of Rule 9 of the Lobbyists' Code of Conduct, may arise when lobbying and political activities intersect. When a lobbyist carries out political activities, they must consider the risk of creating, or appearing to create, a sense of obligation on the part of a public office holder, such as elected officials.

Certain political activities risk creating a sense of obligation, therefore lobbying of the individual on whose behalf the political activities were carried out may result in a conflict of interest for that public office holder. The same holds true if the candidate is not elected, but becomes a public office holder in some other capacity. Lobbyists undertaking such political activities on behalf of an individual should not lobby that individual should he or she obtain or retain public office, nor should they lobby his or her staff for a period of five years.

Lobbyists should thus take all necessary measures to avoid any real or apparent conflict of interest involving themselves, and any public office holders that they assist or with whom they may meet or otherwise communicate in the course of their political activities.

Lobbyists should ask themselves the following question when considering political activities:

“Would a reasonable person look at my political activities and consider that they created a sense of obligation on the part of any individual seeking or holding a public office”

If the answer to the above question is “yes”, any related lobbying activities risk creating a conflict of interest for that individual, and should not be undertaken.

19. Who is prohibited from lobbying?

The Lobbying Act includes a five-year prohibition on lobbying for former designated public office holders and former designated members of a Prime Minister's transition team. Unless an individual has been granted an exemption by the Commissioner, this prohibition applies in the following situations:

  • Individuals may not act as a consultant lobbyist for a period of five years after they cease to be a DPOH or cease to be a designated member of a Prime Minister's transition team.
  • Individuals who are employed by an organization may not lobby on behalf of that organization for a period of five years after they cease to be a DPOH or cease to be a designated member of a Prime Minister's transition team.
  • Individuals who are employed by a corporation that operates for profit may not lobby on behalf of that corporation for a period of five years after they cease to be a DPOH or cease to be a designated member of a Prime Minister's transition team, if lobbying would constitute a significant part (currently interpreted as meaning 20% or more) of their work.

The prohibition does not apply to those who are participating in an employment exchange program, regardless of whether they are occupying a designated public office holder position while working for the Federal Government.

The Commissioner of Lobbying may also impose a ban on lobbying, for up to two years, on anyone convicted under the Lobbying Act.

Reference in the Lobbying Act: Subsections 10.11(1) and 10.11(2), and Section 14.01

Consultant lobbyists

20. What are the rules respecting contingency fees?

Consultant lobbyists are not allowed to receive payments that are contingent on the success of their lobbying efforts. It is similarly forbidden that clients of consultant lobbyists make a payment conditional on the successful outcome of the lobbyist's activity. As part of the registration process, lobbyists are required to confirm that they will not be receiving a contingency fee for the undertaking.

Reference in the Lobbying Act: Subsections 2(1), 10.1(1) and 10.1(2)

21. Is registration required for arranging an introductory meeting between my client and a public officer holder (i.e., a meeting where no lobbying takes place)?

Yes. For consultant lobbyists the Act requires that they register their lobbying activities if they are paid to arrange a meeting between a public officer holder and any other person. This is a requirement even if the public office holder is not lobbied at the meeting.

Reference in the Lobbying Act: Paragraph 5(1)(b)

22. What is meant by the effective date of a registration?

When registering a lobbying activity, the Lobbyists Registration System will ask the registrant to select the effective date. The effective date refers to the date when the registrant entered into the undertaking. The registrant enters into a lobbying undertaking on the date when he/she commits, either verbally or in writing, to lobby on behalf of a client.

23. What is the difference between registrable and reportable lobbying activities?

There are two types of returns that registrants are required to submit to the Lobbyists Registration System. Registrable activities refer to lobbying activities described in a registration and reportable activities refer to lobbying activities described in a monthly communication report. A consultant lobbyist must submit a registration within 10 days of entering into an undertaking. A monthly communication report is required for each oral and arranged communication with a designated public office holder. It must be submitted by the 15th day of the month following the date of the communication.

24. If a lobbyist attends a meeting that was initiated by a public office holder, does he/she need to file a monthly communication report?

If a consultant lobbyist has an oral and arranged communication with a designated public office holder that was initiated by a public office holder, a monthly communication report is required if the communication related to a financial benefit, such as a grant or contribution, or the awarding of a contract for goods and/or services. It is not required if it relates to the making, developing or amending of federal legislative proposals, bills or resolutions, regulations, policies or programs.

Reference in the Lobbyist Registration Regulation: Section 6

In-house organization lobbyists

25. How does the most senior paid officer know if the lobbying activities of his/her organization constitute a significant part of duties?

For in-house lobbyists (organizations), the Act requires that the most senior paid officer of the organization (the registrant) file a return when one or more employees communicate with federal public office holders on behalf of the employer, and 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.

The threshold after which lobbying represents a significant part of one's duties has been established at 20% or more of overall duties.

The registrant may use various approaches to determine whether lobbying constitutes a significant part of duties. One way is to estimate the time spent preparing for communicating (researching, drafting, planning, compiling, travelling, etc.) and actually communicating with public office holders. For instance, a one-hour meeting may require seven hours of preparation and two hours of travel time. In this case, the time related to lobbying with a public office holder would be a total of 10 hours.

In situations where the time related to lobbying is difficult to estimate, the registrant should estimate the relative importance of the lobbying activities by examining, for example, the various duties for which the employee is responsible and determining the proportion related to lobbying activities. Both methods may be used in conjunction if the situation is unclear. In any case, the registrant will be accountable for the decision as to whether or not a registration is necessary.

In order to provide a time basis for estimating the relative importance of lobbying activities, and considering that reporting requirements cover monthly periods, a period of one month should also be used. Assuming a five-day work week, an individual would have to lobby the equivalent of one day per week to reach the threshold. For instance, a requirement to register is triggered for an organization when the total amount of time spent lobbying by all paid employees equals 20% or more of the working hours of one employee.

Activities that should not be factored into a calculation of significant part of duties

The following are some examples of organizational activities that are exempt from the requirement to register and should not be factored into a calculation of significant part of duties:

  • communications restricted to a request for information;
  • preparation and presentation of briefings to parliamentary committees;
  • employees communicating with federal public office holders on the employer's behalf with respect to the enforcement, interpretation or application by that official of any existing federal statute or regulation.

Reference in the Lobbying Act: Paragraph 7(1)(b)

Other source document:

26. Do all employees of the organization who communicate with the federal government have to be named in the registration form?

No, the registration should not list the names of employees who do not lobby as defined under the Act. Only paid employees whose duties involve communication with public office holders regarding certain subjects (i.e., the development of any legislative proposal, any Bill or resolution, any regulation, any policy or program, or the awarding of any grant, contribution or other financial benefit) must be included.

In the case of a non-profit organization, a registration must list the name of each employee whose duties involve such communications with public office holders.

Reference in the Lobbying Act: Paragraph 7(3)(f)

27. What happens when there is a change to the most senior paid officer in the organization?

When there is a change to the most senior paid officer in an organization, the organization should contact OCL so that the information in the registration can be transferred from the previous registrant to the new one.

28. Who registers on behalf of the organization?

The Act requires that the most senior paid officer of an organization file the return associated with the lobbying activities. In the organization's return, the most senior paid officer must include a list of all paid employees who do any amount of lobbying.

Should the most senior paid officer (i.e. the registrant) also lobby, his or her name must also be included in the list of those who lobby for the organization.

Reference in the Lobbying Act: Subsection 7(6)

29. What is meant by the effective date of a registration?

When registering a lobbying activity, the Lobbyists Registration System will ask the registrant to select the effective date. The effective date refers to the date when the lobbying activities of the organization reached the significant part of duties threshold.

30. What is the difference between registrable and reportable lobbying activities?

There are two types of returns that registrants are required to submit to the Lobbyists Registration System. Registrable activities refer to lobbying activities described in a registration and reportable activities refer to lobbying activities described in a monthly communication report. A registration is required within two months of reaching the significant part of duties threshold. A monthly communication report is required for each oral and arranged communication with a designated public office holder. It must be submitted by the 15th day of the month following the date of the communication.

31. If a lobbyist attends a meeting that was initiated by a public office holder, does he/she need to file a monthly communication report?

If an in-house organization lobbyist has an oral and arranged communication with a designated public office holder that was initiated by a public office holder, a monthly communication report is only required if the communication related to a financial benefit, such as a grant or contribution. It is not required if it relates to the making, developing or amending of federal legislative proposals, bills or resolutions, regulations, policies or programs.

Reference in the Lobbyist Registration Regulation: Section 9

In-house corporation lobbyists

32. How does the most senior paid officer know if the lobbying activities of his/her corporation constitute a significant part of duties?

For in-house lobbyists (corporations), the Act requires that the most senior paid officer of the corporation (the registrant) file a return when one or more employees communicate with federal public office holders on behalf of the employer, and 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.

The threshold after which lobbying represents a significant part of one's duties has been established at 20% or more of overall duties.

The registrant may use various approaches to determine whether lobbying constitutes a significant part of duties. One way is to estimate the time spent preparing for communicating (researching, drafting, planning, compiling, travelling, etc.) and actually communicating with public office holders. For instance, a one-hour meeting may require seven hours of preparation and two hours of travel time. In this case, the time related to lobbying with a public office holder would be a total of 10 hours.

In situations where the time related to lobbying is difficult to estimate, the registrant should estimate the relative importance of the lobbying activities by examining, for example, the various duties for which the employee is responsible and determining the proportion related to lobbying activities. Both methods may be used in conjunction if the situation is unclear. In any case, the registrant will be accountable for the decision as to whether or not a registration is necessary.

In order to provide a time basis for estimating the relative importance of lobbying activities, and considering that reporting requirements cover monthly periods, a period of one month should also be used. Assuming a five-day work week, an individual would have to lobby the equivalent of one day per week to reach the threshold. For instance, a requirement to register is triggered for a corporation when the total amount of time spent lobbying by all paid employees equals 20% or more of the working hours of one employee.

Activities that should not be factored into a calculation of significant part of duties

The following are some examples of corporate activities that are exempt from the requirement to register and should not be factored into a calculation of significant part of duties:

  • communications restricted to a straightforward request for information;
  • preparation and presentation of briefings to parliamentary committees;
  • employees communicating with federal public office holders on the employer's behalf with respect to the enforcement, interpretation or application by that official of any existing federal statute or regulation.

Reference in the Lobbying Act: Paragraph 7(1)(b)

Other source document:

33. Do all employees of the corporation who communicate with the federal government have to be named in the registration form?

No, the registration should not list the names of employees who do not lobby as defined under the Act. Only those whose duties involve communication with public office holders regarding certain subjects (i.e., the development of any legislative proposal, any Bill or resolution, any regulation, any policy or program, or the awarding of any grant, contribution or other financial benefit) must be included. For example, employees in sales and marketing who communicate with federal officials to sell their company's goods and services are not required to register.

A corporation's most senior paid officer (the registrant) must provide two separate lists of employees who communicate with public office holders. The first must include the name and title of each senior officer or employee who will spend a significant part of his/her time communicating with public office holders, and the second list must include the names and titles of all other senior officers of the corporation not listed in the first list, any part of whose duties is to communicate with public office holders. The names of employees who are not senior officers and for whom lobbying does not constitute a significant part of their duties should not be included in either list.

Reference in the Lobbying Act: Paragraph 7(3)(f.1)

34. How does the Lobbying Act define "senior officer"?

A senior officer, in respect of a corporation, is defined in the Lobbying Act as:

  • a chief executive officer, chief operating officer or president of the corporation, or
  • any other officer who reports directly to the chief executive officer, chief operating officer or president of the corporation.

Reference in the Lobbying Act: Subsection 7(6)

35. What happens when there is a change to the most senior paid officer in the corporation?

When there is a change to the most senior paid officer in a corporation, the corporation should contact OCL so that the information in the registration can be transferred from the previous registrant to the new one.

36. Who registers on behalf of the corporation?

The Act requires that the most senior paid officer of a corporation file the return associated with the lobbying activities. In the corporation's return, the most senior officer responsible for filing must provide two separate lists of employees. The first must include the name and title of each senior officer or employee who will spend a significant part of his/her time lobbying, and the second list must include the names and titles of all other senior officers of the corporation not listed in the first list, any part of whose duties is to lobby.

Should the most senior paid officer (i.e. the registrant) also lobby, his or her name must be included either on the list of employees for whom lobbying represents a significant part of duties or on the list of senior officers for whom lobbying represents less than a significant part of duties.

Reference in the Lobbying Act: Subsection 7(6)

37. What is meant by the effective date of a registration?

When registering a lobbying activity, the Lobbyists Registration System will ask the registrant to select the effective date. The effective date refers to the date when the lobbying activities of the corporation reached the significant part of duties threshold.

38. What is the difference between registrable and reportable lobbying activities?

There are two types of returns that registrants are required to submit to the Lobbyists Registration System. Registrable activities refer to lobbying activities described in a registration and reportable activities refer to lobbying activities described in a monthly communication report. A registration is required within two months of reaching the significant part of duties threshold. A monthly communication report is required for each oral and arranged communication with a designated public office holder. It must be submitted by the 15th day of the month following the date of the communication.

39. If a lobbyist attends a meeting that was initiated by a public office holder, does he/she need to file a communication report?

If an in-house corporation lobbyist has an oral and arranged communication with a designated public office holder that was initiated by a public office holder, a monthly communication report is only required if the communication related to a financial benefit, such as a grant or contribution. It is not required if it relates to the making, developing or amending of federal legislative proposals, bills or resolutions, regulations, policies or programs.

Reference in the Lobbyist Registration Regulation: Section 9