Exclusion from the Act: Submissions to parliamentary committees and to other proceedings of public record

The purpose of this interpretation bulletin is to explain how the Office of the Commissioner of Lobbying interprets and applies the narrow exclusion set out in paragraph 4(2)(a) of the Lobbying Act (Act) with respect to submissions made to parliamentary committees or to a qualifying body or person in the context of proceedings that are a matter of public record.

Submissions to a parliamentary committee

Oral or written submissions, which consist of formal proposals, reports, presentations or other representations presented to a committee of the Senate or House of Commons or both as part of the committee’s formal work, are excluded from the application of the Act by virtue of paragraph 4(2)(a). 

In practice, this exclusion typically applies to testimony, written representations and related documentation made to a parliamentary committee in support of an appearance or a study. Such oral and written submissions are usually published on the committee’s webpage along with a record of the committee’s work (i.e., transcripts, minutes, testimony, documentary evidence, etc.).

Submissions in proceedings of public record

Paragraph 4(2)(a) also provides that the Act does not apply to oral or written submissions, which as noted consist of formal proposals, reports, presentations or other representations, made: 

• in proceedings that are a matter of public record; and
• to a person or body where the person or body has been conferred jurisdiction or powers by or under an Act of Parliament.

Proceedings are understood to qualify as a “matter of public record” when the circumstances and substance of the proceedings are described in sufficient detail and are maintained in a record that is readily accessible to the public. Indications that proceedings are a matter of public record include, for example, that participating parties are identified and that notices and minutes of meetings as well as transcripts, related evidence and associated reports, judgments or decisions are published.

A person or body can be understood to have “jurisdiction or powers conferred by or under an Act of Parliament” when they exercise powers of a public character pursuant to federal legislation. 

If a submission is made outside of these narrow circumstances, the exclusion may not apply and filing registration or monthly communication returns may be required under the Act. 

Advisory, Stakeholder and other Public Consultations

Government institutions routinely consult the public or specific stakeholders on a range of issues to inform government decisions about policies, programs, services, and legislative and regulatory initiatives. These consultations may take a variety of forms or titles, including advisory council, stakeholder consultation, roundtable, public forum, townhall or other similar titles.

Submissions made in the context of such consultations may be excluded from the Act depending on whether the criteria set out above are met and, in particular, whether the consultation proceedings are a matter of public record. A consultation may meet the public record requirement where: 

• the circumstances of consultation proceedings are known to the public (for example, where public notice of meetings or hearings is given); and 
• the content of such proceedings, including submissions, is made available to the public in sufficient detail (for example, where the proceedings are recorded, transcripts and/or detailed minutes are published, etc.). 

It is worth noting that many consultations held by ministers or government institutions do not disclose to the public the circumstances or substance of their proceedings, including the submissions received, such that these proceedings would not qualify as matters of public record within the meaning of paragraph 4(2)(a).

Ask the Office of the Commissioner of Lobbying

Contact our Office to confirm whether any given proceedings, including advisory, stakeholder or other public consultations, meet the criteria set out in paragraph 4(2)(a) of the Act. 

Nancy Bélanger
Commissioner of Lobbying

September 2024