Office of the Commissioner of Lobbying of Canada

Language selection

Identifying designated public office holders

The term “designated public office holder”, which is defined in subsection 2(1) of the Lobbying Act, is important for two main reasons.

First, registered consultant lobbyists and the senior officer responsible for filing returns are required to report, on a monthly basis, oral and arranged communications with designated public office holders on behalf of their clients or employers regarding any of the matters listed in paragraph 5(1)(a) or 7(1)(a), as applicable.

Second, all former designated public office holders are subject to the five-year restriction on lobbying set out in subsection 10.11(1) of the Lobbying Act.

The purpose of this interpretation bulletin is to identify the categories of officials who qualify as designated public office holders and to explain how the Office of the Commissioner of Lobbying interprets the term “comparable rank” in the definition of “designated public office holder” at subparagraph 2(1)(b)(ii) of the Lobbying Act and the term “equivalent rank” in paragraphs 127.1(1)(a) and (b) of the Public Service Employment Act. 

Identified designated public office holders

The Lobbying Act and the Designated Public Office Holder Regulations identify who qualifies as a designated public office holder.

Lobbying Act Designated Public Office Holder Regulations

The Lobbying Act identifies the following categories of individuals as designated public office holders:

  • ministers and ministers of state and members of their respective ministerial staff;
  • officials occupying the following positions in a “department” as defined in section 2 and listed in Schedule I, column 1 of Schedule I.1 or Schedule II of the Financial Administration Act:
    • the senior executive position, whether by the title of deputy minister, Chief Executive Officer or by another title; and
    • associate and assistant deputy minister as well as positions of “comparable rank”
  • officials occupying a position designated by regulation (see right hand column); and
  • members of a transition team providing advice to the Prime Minister during the period leading up to the swearing in of the Prime Minister. 

The Regulations identify the following categories of individuals as designated public office holders:

  • Senators and Members of the House of Commons;
  • officials appointed under paragraph 127.1(1)(a) or (b) of the Public Service Employment Act to the position of:
  • senior advisors of the Privy Council appointed by the Governor in Council;
  • staff members to the Leader of the Opposition in the Senate and House of Commons appointed under subsection 128(1) of the Public Service Employment Act;
  • the Deputy Minister (Intergovernmental Affairs) of the Privy Council Office;
  • the Comptroller General;
  • the Chief and Vice Chief of the Defence Staff;
  • the Chiefs of the Maritime, Land and Air Staff;
  • the Chief of Military Personnel; and
  • the Judge Advocate General.

Interpreting “comparable rank” and “equivalent rank”

In determining whether a given official qualifies as a designated public office holder on the basis that: 

  • the position they occupy is of “comparable rank” to that of an associate or assistant deputy minister (subparagraph 2(1)(b)(ii) of the Lobbying Act); or
  • the position to which they have been appointed is of “equivalent rank” to either that of a deputy or associate deputy minister or that of a deputy or associate deputy head (paragraph 127.1(1)(a) or (b) of the Public Service Employment Act)

the Office of the Commissioner of Lobbying engages in a contextual analysis that takes into account the following non-exhaustive list of factors:

  • the seniority or rank of the position;
  • the responsibilities and decision-making authority of the position; and
  • the pay range associated with the position.

In practice, occupying a position in the first, second or third highest level of a government institution’s hierarchy and/or whose pay range is similar to that of an EX-04 are both strong indications that an official’s position may be comparable to that of an associate or assistant deputy minister or of equivalent rank to that of a deputy or associate deputy minister or deputy head or associate deputy head, as applicable.

That said, no single factor is determinative of the comparable or equivalent rank analysis described above and the outcome of this analysis will always depend on all of the relevant factual circumstances. 

Ask the Office of the Commissioner of Lobbying

Contact our Office to confirm whether an official qualifies as a designated public office holder. 

Nancy Bélanger
Commissioner of Lobbying

September 2024

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