Frequently Asked Questions

• General Registration Requirements Question & Answers
• Consultant Lobbyists Registration Requirements Question & Answers
• In-house lobbyists (corporation) Registration requirements Q&A
• In-house lobbyists (organization) Registration requirements Q&A
• Designated Public Office Holder

Lobbyists Registration Regulations Question & Answers

1. When does the Lobbying Act come into force?

   The Lobbying Act and Regulations come into force on July 2, 2008.

2. What has changed with the new Office of the Commissioner of Lobbying?

   On July 2, 2008 the position of Registrar of Lobbyists was repealed and a new position, the Commissioner of Lobbying, was established. The Commissioner's office will be known as the Office of the Commissioner of Lobbying Canada.

   The employees of the Office of The Registrar of Lobbyists remain in place at the new Office and will continue to be public servants, as appointed under the Public Service Employment Act.

3. How do I contact the new Office of the Commissioner of Lobbying?

   You can contact the Office via the internet. Automatic redirection from the current website address will be provided for a period of two months. The mailing address of the Office remains the same, with the exception of the title of the office. Mail addressed to the Office of the Registrar of Lobbyists will be redirected for a period of 6 months. General telephone, fax and email remain the same.

   Office of the Commissioner of Lobbying
   255 Albert Street
   10th Floor
   Ottawa, ON K1A 0R5
   Tel.: (613) 957-2760
   Fax: (613) 957-3078
   Email: QuestionsLobbying@ocl-cal.gc.ca

4. When will the new Office of the Commissioner of Lobbying be open for registrations and inquiries?

   The Office of the Commissioner will be open on July 2, 2008 for registrations and inquiries.

5. What are the major new registration provisions of the Lobbying Act?

   In summary the changes to registration provisions under the Lobbying Act are as follows:

   • A new requirement to file monthly returns has been implemented. Monthly returns are required if there has been oral and arranged communication with a designated public office holder, changes to the information in a return, a termination of lobbying activities or if six months have passed since the last return was filed. The first returns under this new requirement will be due no later than August 15, 2008.
   • Lobbyists will now have only 10 days to make corrections to a registration when requested to do so by the Commissioner of Lobbying.
   • Only on-line registrations will be accepted, unless registrants are unable to use a computer due to a physical disability or lack reasonable access to a computer system.
   • When disclosing the subject matter of their lobbying activity, registrants must now disclose a name and a description to provide details of the subject matter they have identified.

   For more information about the changes to lobbyists registration requirements, see Implementation Notice #9.

6. Will the Act or the Regulations be reviewed at any point?

   The amended Act calls for a parliamentary review of the amended legislation five years after coming into force. All stakeholders will have the opportunity for further input at that time.

   The Lobbying Act calls for a parliamentary review every five years after coming into force of that section of the Act. As this section was last amended in 2005, the next parliamentary review is expected to commence in 2010. At that time, stakeholders will have the opportunity for input.

7. What are the different types of lobbyists and what are the registration requirements?

   Consultant lobbyists are paid to lobby on behalf of clients. They must register within 10 days of entering into an undertaking. Monthly returns must be filed not later than 15 days after the end of every month if: oral and arranged communication with a Designated Public Office Holder (DPOH) has taken place, corrections or additions to the initial return need to be made, or the undertaking has been terminated. Consultant lobbyists may be consultants in public relations or in marketing, lawyers, notaries, engineers or accountants whose duties include lobbying.

   If no oral and arranged communications have taken place with a DPOH, no other changes to the registration need to be made, and five months have passed since the last monthly return was filed, consultant lobbyists shall file a monthly report to that effect.

   In-house lobbyists (corporations and organizations) are salaried employees of either corporations or non-profit organizations who lobby on behalf of their employer. It is the officer responsible for filing the disclosures (the most senior officer of the corporation or organization) who must file on behalf of the corporation or organization. The disclosure must be filed within two months of undertaking registrable lobbying activities if the sum of the duties related to lobbying of all paid employees is equal to a significant part of the duties of one employee. A "significant part of the duties" is currently interpreted as consisting of 20 percent or more of one person's duties over a one-month period.

   The Commissioner has issued an Interpretation Bulletin entitled A Significant Part of Duties ("The 20% Rule") regarding the definition and estimation of "significant duties."

   Monthly returns must be filed by the most senior officer not later than 15 days after the end of every month if: oral and arranged communication with a Designated Public Office Holder (DPOH) has taken place, corrections or additions to the initial return need to be made, or the undertaking has been terminated.

   If no employee has initiated and taken part in oral and arranged communications with a DPOH, no other changes to the registration need to be made, and five months have passed since the last monthly return was filed, the most senior officer must file a monthly report stating so.

   For additional information about the registration requirements of the Act, you may refer to the Guide to Registration which can be found on the Web site of the Office of the Commissioner of Lobbying.

8. Does the definition of lobbying include simple requests for information?

   No. There is an exclusion for 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." The Commissioner has issued an Interpretation Bulletin on the matter of "communicating with public office holders". This focuses the application of the Act on the most significant communications with public office holders.

9. What is meant by "grass-roots" lobbying?

   Grass-roots lobbying is a communications technique that encourages individual members of the public or organizations to communicate directly with public office holders. Such efforts primarily rely on use of the media or advertising, and result in mass letter writing and facsimile campaigns, telephone calls to public office holders, and public demonstrations.

10. Is there a grace period while new compliance requirements are explained or disseminated?

    No. The Office has provided implementation notices in advance of the Act coming into force, and on-line tutorials will also be made available. The Act does not provide for any grace period and compliance is expected as of July 2, 2008.

11. What penalties exist for not complying with the Act?

    The LA sets out new offences and punishment for violations. The changes to the punishments are:

    • a fine for knowingly giving false or misleading statements in returns (this includes the new monthly reports) is increased to $50K on summary conviction but imprisonment remains a term not exceeding six months;
    • a fine on proceedings by way of indictment is increased to $200K but again, the imprisonment remains the same at not exceeding two years; and
    • an individual who contravenes the LA or the related Regulations — other than the requirements to file a return or compliance with the Lobbyists' Code of Conduct — is guilty of an offence and liable on summary conviction to a fine up to $50K.

    New limitations on legal proceedings are set so that a summary conviction for an offence may be instituted five years after the day on which the Commissioner became aware of the matter and ten years after the day on which the subject matter arose.

12. What penalties exist for not complying with the Lobbyists' Code of Conduct?

    Breaches of the Code of Conduct do not carry fines or jail sentences, but the results of any investigation by the Commissioner must be tabled before both houses of Parliament. There is no limitation period preventing the Commissioner of Lobbying from investigating breaches of the Code of Conduct.

13. As a public office holder, who may wish to lobby and who left the public service between February 6, 2006 and July 2, 2008, how am I affected by the Conflict of Interest and Post-Employment Code for Public Office Holders and the Conflict of Interest Act?

    The Conflict of Interest and Post-Employment Code for Public Office Holders (the Code) came into force on February 6, 2006. Section 29 of the Code imposed a five-year prohibition on lobbying for certain senior public office holders. The Conflict of Interest Act came into effect on July 9, 2007 replacing the Code with one exception. Transitional provisions 3.1(2-3) of the Federal Accountability Act maintained the five-year prohibition on lobbying on these certain senior public office holders until the Lobbying Act came into force on July 2, 2008. In addition, the transitional provisions made the Registrar of Lobbyists (now the Commissioner of Lobbying) responsible for upholding this particular section of the Code.

    Unlike the transitional provisions of the Federal Accountability Act which empowered the then Registrar of Lobbyists to deal with breaches of the Code's five-year prohibition on lobbying, the Lobbying Act does not empower the Commissioner of Lobbying to deal with such breaches. Although the five-year Code ban on lobbying carries with it no formal sanctions for breaches, the Commissioner of Lobbying could consider a breach of the 5-year ban imposed under the Conflict of Interest Code to be unprofessional lobbying behaviour under the Lobbyist's Code of Conduct. The principle of professionalism of the Lobbyist's Code of Conduct states that lobbyists should uphold the highest professional and ethical standards and conform fully to the letter and spirit of the Lobbyist's Code of Conduct, and all other relevant laws. If an investigation is carried out, the Commissioner of Lobbying is bound to report in Parliament.

    The Conflict of Interest and Ethics Commissioner is responsible for upholding the Conflict of Interest Act. The position was created with the coming into force of the Federal Accountability Act and the Office's website can be found at: http://ciec-ccie.gc.ca.

14. How independent is the Commissioner of Lobbying?

    The Commissioner of Lobbying is an Officer of Parliament, similar to the Auditor General or Privacy Commissioner. The independence of the Commissioner is protected by his or her tenure of office. The Commissioner serves for a term of seven years, and may be removed only on cause, on address of the Senate and the House of Commons.

15. Should I register?

    Generally speaking, individuals who are paid to communicate with federal public office holders (i.e. to lobby) are subject to the disclosure requirements established by the Lobbying Act. In-house lobbyists must meet certain other conditions, such as the significant part of duties. Subsections 4.(1) and 4.(2) of the Act also list exclusions for certain types of activities. Additional information on the three different categories of lobbyists and the specific requirements that trigger a registration in each case may be found in the Guide to Registration.

16. How do I create an account?

    On and after July 2nd, when the Lobbying Act comes into force, all registrations must be filed electronically, unless the person filing the return a) has difficulty filing the return electronically because of a disability, or b) does not have access to a computer system that allows them to file the return electronically. There will be no fee associated with paper filing in these cases.

    The online Lobbyists Registrations System can be accessed at http://www.ocl-cal.gc.ca.

17. I am not a Canadian citizen; do I need to register?

    Whether or not you are a Canadian citizen, if your activities involve lobbying federal public office holders as defined under the Act, you must register with the Office of Commissioner of Lobbying.

18. My client or my employer is the subsidiary of a foreign company. Do I have to register?

    All lobbying activities directed at federal public office holders are subject to the Lobbying Act. A foreign corporation or the Canadian subsidiary of a foreign corporation whose employees lobby public office holders in Canada or while they are posted abroad, will also be subject to the Act. The requirement to register will arise if the activities in question are those set out in the Act. If the Canadian subsidiary of a foreign corporation has to register, it is the responsibility of the most senior paid officer, regardless of whether that person is a Canadian citizen or resides in Canada, to ensure that a return is submitted to the Commissioner of Lobbying.

    In the case of consultant lobbyists, if their client is a foreign corporation, a foreign organization or a foreign national or sub-national government, they must register and disclose the identity of their client.

19. Do I have to file a registration form if I am participating in a government-initiated consultation?

    Any paid communication with a public office holder on behalf of a client or employer, including consultations in respect of the development of any legislative proposal, the introduction of a bill or resolution, the making or amendment of a regulation, policy or program, or the awarding of a grant, contribution, other financial benefit or of a contract (in the case of a consultant lobbyist), 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 of the activity would not be required.

20. I work for a corporation; do I need to register if I am trying to obtain a government contract?

    You may if the contract is a Major Crown Project or equivalent.

    When does a project contract get sufficiently large or important enough to warrant registration by an in-house lobbyist? The primary factor lies in whether the project contract has a built in policy or fiscal framework implication.

    In the federal government a project is deemed to be a Major Crown Project (MCP) when its estimated cost will exceed $100 million and the Treasury Board (TB) would assess the project as high risk¹. However, Treasury Board may require any project exceeding the sponsoring minister's delegated project approval authority to be managed as an MCP.

    An MCP or an equivalent-sized contract, having significant policy or fiscal framework implications, requires approval-in-principle from Cabinet and the following Treasury Board mandatory requirements:

    • that the project leader be a senior manager within the sponsoring department accountable directly to the deputy minister;
    • that the project leader be viewed as personally and visibly accountable for all aspects of the project;
    • that a Senior Project Advisory Committee (SPAC) be established with membership consisting of senior representatives of departments participating in the project. The role of this committee is to advise the project leader on all aspects of the project and to carry out the procurement review function for the project;
    • the selection and implementation of an appropriate project performance measurement system;
    • the submission of progress reports to Treasury Board at key events or as directed by Treasury Board; and
    • the submission of a project evaluation report to Treasury Board.

    If you engage a consultant lobbyist, who communicates for payment with a POH with the intent of obtaining a federal government contract for his/her client, then registration is always required by the consultant.

    You do not have to register if you are in marketing and communicating to sell goods and/or services and the contract is not of the magnitude of a MCP as explained above. If this is the case then the legislation does not cover communications between POHs and employers of organizations who sell their company's products and services.

21. My organization is a coalition of special interest groups. Do I have to name each of the coalition members?

    Yes. Coalitions are usually temporary alliances formed for lobbying on particular issues, and the interests or beneficiaries of such groups may not be known. Therefore, you should list the groups that make up the coalition's membership under the appropriate section in the registration form.

22. What information do I have to include when I report government funding?

    The requirements to report government funding have changed slightly under the Lobbying Act. You must report the source and dollar amount of funding that was received in the last completed financial year, as well as the end date of the last completed financial year. Funding from any Canadian or foreign government, including any municipal, provincial, regional or state government must be included. Additionally, you must indicate whether funding is expected in the current financial year. Funding means money made available for a particular purpose for which goods or services are not received in return, or for which repayment is not intended.

    Funding would include federal grants and non-repayable contributions, but repayable contributions, loans, loan guarantees, remission orders and procurement contracts would not need to be reported. The requirement to report funding is not to be confused with the obligation to register for lobbying to obtain the award of an "other financial benefit".

23. What are the rules respecting contingency fees?

    Under the Lobbyists Registration Act, consultant lobbyists were required to disclose whether the payment they received for a lobbying undertaking was in whole or in part contingent on the lobbyist's degree of success in influencing any matter related to the undertaking. Under the Lobbying Act, there is a total ban on payment or receipt of any payment or other benefit contingent on the outcome of a consultant lobbyist's activity. Undertakings that are entered into on or after July 2, 2008, whether with a previous, current, or new client, will not be permitted to include the payment of contingency fees in any manner or to any degree. As part of the registration process, lobbyists will be required to confirm that they will not be receiving a contingency fee for the undertaking.

24. How will I be informed of the new requirements under the Act?

    There are a number of key documents that were released and made available on the Office of the Commissioner of Lobbying website, just before the coming into force of the Lobbying Act. These documents include the new Regulations, the Regulatory Impact Assessment Statement, Implementation Notices, and an unofficial consolidated version of the Lobbying Act. A further set of documents will be made available on the OCL website following the coming into force of the Lobbying Act and include Interpretation Bulletins and Advisory Opinions.

25. How will the Commissioner of Lobbying decide whether or not to initiate an investigation?

    The Office of the Commissioner of Lobbying (OCL) may receive complaints, or learn from various sources, that a breach of the Act or the Code has occurred. After completing a summary verification confirming that the transgression falls within its jurisdiction, the OCL's Investigations Directorate may conduct an administrative review to establish the facts of the case. A report is then presented to the Commissioner to assist his or her determination of whether there is reason to believe that an investigation is necessary to ensure compliance with the Code or the Act. If so, a formal investigation is commenced. The Commissioner may also refuse to conduct, or cease an investigation for reasons specified in section 10.4(1.1) of the Act.

    During a Code of Conduct investigation, the Commissioner may summon and enforce the attendance of persons and compel the production of documents that he or she considers relevant for the investigation. Before finding that a person has breached the Code, however, the Commissioner must give them the opportunity to present their views. Breaches of the Code do not carry fines or jail sentences. The Commissioner must prepare a report of the investigation, including the findings, conclusions and reasons for the conclusions, and submit it for tabling in both Houses of Parliament. There is no limitation period on investigations under the Lobbying Act.

    If, during the course of the investigation, the Commissioner believes on reasonable grounds that an offence has occurred under this Act, or any other Act of Parliament or the legislature of a province, the Commissioner must suspend the investigation and advise a peace officer, for offences under the Lobbying Act, it would be a member of the RCMP, having jurisdiction to investigate the alleged offence. Conviction for an offence under the Act may result in fines and imprisonment. Proceedings by way of summary conviction can be initiated within five years after the day on which the Commissioner became aware of the subject-matter of the proceedings, but no later than ten years after the day on which the subject-matter of the proceedings arose.

26. How can I get information on the Commissioner's current investigations and reviews?

    The Act requires that investigations be conducted "in private". Consequently, the Commissioner will not confirm or deny the existence of any review or investigation. When an investigation is completed, the results are dealt with either through a transferral to the RCMP or published in a report to Parliament.

27. Can anyone have access to the identity of a complainant in a review or investigation undertaken by the Commissioner?

    The short answer is no. There is strong support in law (e.g., Privacy Act) for the Commissioner to maintain the confidentiality of a complainant's identity. There are, however, circumstances where the identity of a complainant may be disclosed. A complainant's identity may become known in the public domain through means beyond the control of the Commissioner. If this is the case, the Commissioner will confirm that the Office has received a complaint from an individual but will not provide details on the file. The Commissioner may also refer to a complainant when filing a report to Parliament if the reference constitutes part of the reasons for his/her conclusions.

    Not all reviews or investigations conducted by the Commissioner originate with a complainant. Alleged breaches of the Act or the Code of Conduct may be learned from various sources beyond that of a direct complainant. The source of this information is kept confidential unless it is in the public domain.

28. How will we know if a former public office holder has begun working as a lobbyist?

    The public may conduct a search of the registry to view the disclosures of a lobbyist. Former public office holders are required to provide, when they register, a description of the offices they held within the federal government. Former designated public office holders must also indicate any such position as well as the date on which they ceased to hold the position. If that date falls within five years of the date of registration, the former designated public office holder must indicate the reason they are exempt from the five-year prohibition on lobbying.

29. Are there restrictions on the lobbying work that can be performed by a public office holder after they leave office?

    Yes. The Lobbying Act includes a five-year prohibition on lobbying for former designated public office holders (DPOHs) and former designated members of a Prime Minister's transition team. This prohibition applies in the following situations:

    • An individual 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.
    • An individual who is employed by a not-for-profit corporation or other organization as defined in the Lobbying Act, may not lobby 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.
    • An individual who is employed by a corporation that operates for profit may not lobby 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 the individual's work.

    The prohibition does not apply to individuals who hold a designated public office only because they are participating in an employment exchange program.

30. Why do Crown corporations not register as lobbying entities?

    The Commissioner of Lobbying is of the view that communications between employees of a Crown corporation and public office holders concerning official business are not registrable activities. In particular, the Commissioner feels that communications between officials of a Crown corporation and representatives of its shareholder (public office holders), the Crown, do not fall within the definition of lobbying under the Lobbying Act. Therefore, Crown corporations are not required to register under the Act.

31. Is there guidance available concerning Crown corporations and lobbying?

    In a letter sent to Crown corporations on September 6, 1985, the Clerk of the Privy Council conveyed the Government's policy that in order to access government and accomplish the Crown corporation's objectives in respect of the government, Crown corporations should use their senior officers to deal directly with government officials and other public office holders, rather than use Consultant lobbyists or paid intermediaries such as lawyers.

    In order to further clarify the Government's position, another letter was sent to Crown corporations on October 17, 1989, by the Assistant Secretary, Crown Corporations Directorate of the Department of Finance and Treasury Board Secretariat. The letter stated that Crown corporations' communications with the government's public office holders concerning daily operational or administrative business would not appear to meet the definition of lobbying under the Lobbyists Registration Act. This is consistent with the Commissioner's views on the subject.

    To view the full text of these letters, please refer to the Guidelines on Lobbyists and Crown Corporations at Treasury Board Secretariat.

General Registration Requirements Question & Answers

1. Do I have to report every public office holder that I talk to?

   When filing an initial return, it is not necessary that the names of the public office holders who you talk to be listed. Only the names of the departments or other government institutions must be listed. In monthly returns, the names of each designated public office holder with whom you have oral and arranged communication must be listed.

2. I'm a registered lobbyist. Are informal contacts that I make with public office holders during social events considered registrable activities?

   Yes. If business is discussed during social events, you will need to check off the box labelled "Informal communication" in your registration, under the section on communication techniques, and ensure that the appropriate government departments and institutions are listed.

3. Do I have to register every time I communicate with a public office holder?

   No. A registration may cover a series of separate communications with public office holders on the same issue or subject matter. A monthly return, however, must be filed within 15 days after the end of the month in which an oral and arranged communication occurs with a designated public office holder.

4. What is "grass-roots" lobbying?

   Grass-roots lobbying is a communications technique that encourages individual members of the public or organizations to communicate directly with public office holders. Such efforts primarily rely on use of the media or advertising, and result in mass letter writing and facsimile campaigns, telephone calls to public office holders, and public demonstrations.

5. I am involved in organizing and directing a grass-roots lobbying campaign. Do I have to register?

   If you are a registered lobbyist, you must report grass-roots lobbying as a communications technique. If you are not a registered lobbyist, and you are paid and and involved in a grass-roots lobbying campaign, it is necessary to register.

6. When I complete the registration form, can I list just the initials or acronym of the corporation or organization?

   The full name of the firm, corporation or organization must be disclosed in the registration. You may add the popular acronym after the full name in the first instance, and use the acronym thereafter.

7. In the registration, there is a general listing of subject matters. The issues I lobby about aren't identified in this listing. What do I do?

   At the end of this general listing of subject matters, there is a category for "Other" where you should identify those subject matters that do not appear in the pre-defined listing.

8. There is a requirement in the Act to provide particulars of the subject matters lobbied. What level of detail do I provide?

   You must provide the name and description of the legislative proposals, bills or resolutions, regulations, policies or programs, grants, contributions or other financial benefits for which you lobby. Consultant lobbyists must also provide the name and description of contracts. Some examples would be Canada ABC Act, or Bill 999 (2008) An Act to Amend XYZ Act, contract XYZ to supply XYZ, or the Policy on XYZ, or the XYZ Regulations, or the XYZ Program. A brief description is required to explain why you are lobbying with respect to name of the provided Act, Legislation, Bills, etc. For example, lobbying related to the Act's implementation.

9. What information do I have to include when I report government funding?

   The requirements to report government funding have changed slightly under the Lobbying Act. You must report the source and dollar amount of funding that was received in the last completed financial year, as well as the end date of the last completed financial year. Funding from any Canadian or foreign government, including any municipal, provincial, regional or state government must be included. Additionally, you must indicate whether funding is expected in the current financial year. Funding means money made available for a particular purpose for which goods or services are not received in return, or for which repayment is not intended.

   Funding would include federal grants and non-repayable contributions, but repayable contributions, loans, loan guarantees, remission orders and procurement contracts would not need to be reported. The requirement to report funding is not to be confused with the obligation to register for lobbying to obtain the award of an "other financial benefit".

10. If I communicate with a public office holder in response to a request made by that public office holder, do I have to register?

    All communications with public office holders are registrable if they meet the other criteria set by the Act, such as payment, significant part of duties, etc.

11. If I am communicating with a public office holder to obtain publicly available information, do I have to register?

    No. If the information is already in the public domain, (e.g. government publications, internet, phone directories etc.) this activity would not require a registration.

12. If I am a former public office holder, what details do I need to include in the registration form?

    You must provide a description of the offices held. Additionally, you must indicate whether any of the offices formerly held were designated public offices or part of a Prime Minister's transition team, and if so, the date you ceased to hold such a position. See the Interpretation Bulletin entitled "Disclosure of previous public offices" for more information.

Consultant Lobbyists Registration Requirements Question & Answers

1. Can my firm register me as a consultant lobbyist?

   Although a representative can be named, the legal responsibility to file a registration within 10 days of each undertaking rests with the individual consultant lobbyist, who is also responsible for reporting all changes to information and for reporting the termination of an undertaking.

2. Most of my work involves monitoring federal government activities for my client and giving advice. I work under a general retainer that does not specify the types of activities covered by the Act. Do I have to register?

   Monitoring federal government activities and giving advice are some of the activities which are not necessarily registrable under the Act but, if there is a possibility that the undertaking may lead to registrable lobbying activities as defined under the Act or if the scope of the undertaking changes to include registrable activities, you must register within 10 days as a consultant lobbyist.

3. I am a lawyer and I have a professional obligation to maintain client confidentiality. Does the Act exempt me from reporting representations carried out on behalf of any client?

   The Act does not exempt any paid lobbyist, including professionals such as lawyers, notaries, engineers and accountants from compliance with its provisions. There are a very limited number of exceptions, such as submissions with respect to the enforcement, interpretation or application of existing legislations, regulations or policies. The deciding issue is whether or not you are carrying out any of the lobbying activities listed in the Act.

4. Must I list every subsidiary of my client?

   You must list those subsidiaries of the client corporation that have a direct interest in the outcome of your lobbying activities for the client.

5. Does the parent company of the organization that I am lobbying for have to be listed in the registration form when it will not directly benefit from the lobbying activity?

   Yes. Where the client is a corporation, the Act requires that the parent company of the corporation be identified on the registration form.

6. What does "any person or organization that to the knowledge of the individual controls or directs the activities of the client" mean?

   This refers to the requirement to identify those persons or organizations that directly intervene in the day-to-day concerns of the consultant lobbyist's client or who exercise a controlling influence over the activities of the client.

7. My client won't provide me with the information I need to report on my client's subsidiaries. What should I do?

   Under the Act, you have a personal legal obligation to provide the required information within the specified time frames. Therefore, you need to ask your client to provide you with the required details so that you can avoid contravening the Act. Failure to comply with the Act may lead to charges being laid against the consultant lobbyist, not the client.

8. What are the rules respecting contingency fees?

   Under the Lobbyists Registration Act, consultant lobbyists were required to disclose whether the payment they received for a lobbying undertaking was in whole or in part contingent on the lobbyist's degree of success in influencing any matter related to the undertaking. Under the Lobbying Act, there is a total ban on payment or receipt of any payment or other benefit contingent on the outcome of a consultant lobbyist's activity. Undertakings that are entered into on or after July 2, 2008, whether with a previous, current, or new client, will not be permitted to include the payment of contingency fees in any manner or to any degree. As part of the registration process, lobbyists will be required to confirm that they will not be receiving a contingency fee for the undertaking.

9. I am a consultant lobbyist but I am also an active volunteer for an organization that occasionally lobbies the federal government. I am not an employee of this organization and I do not receive payment for my work, but sometimes I get involved in its lobbying activities. Do I have to register?

   If you are simply participating as a volunteer in the lobbying activities of an organization, you do not need to register. However, if you are being paid to lobby on behalf of the organization through the services of your consulting firm, you must register as a consultant lobbyist

10. I have been retained as a consultant lobbyist to provide lobbying services on behalf of another level of government. Am I exempted from registration?

    No. If your client is another level of government, you must register as a consultant lobbyist. However, if you are an employee of that government and are acting in an official capacity, you are not required to register under the Act.

11. Under the Act I have 10 days to report a new lobbying undertaking. I have an undertaking that will take less than 10 days to complete. Do I have to register even though the activity will have been completed before it has to be registered?

    Yes. You must register an undertaking even if it was completed before the 10-day registration period elapsed. Before the fifteenth day after the end of the month your undertaking is completed, you must also file a monthly return disclosing the termination of the undertaking.

12. Do I have to file a registration form if I am participating in a government-initiated consultation?

    Any paid communication with a public office holder on behalf of a client or employer, including consultations in respect of the development of any legislative proposal, the introduction of a bill or resolution, the making or amendment of a regulation, policy or program, or the awarding of a grant, contribution other financial benefit or of a contract (in the case of a consultant lobbyist), 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 of the activity would not be required.

13. My client hired me to provide lobbying services in a variety of subject areas. Now I am no longer dealing with some of the areas. Do I have to report this?

    Yes. This is a change in the information you filed previously with the Commissioner. Not later than 15 days after the end of the month that the subject areas about which you are communicating have changed, a monthly return must be filed with the Commissioner providing corrected information.

14. What happens when I complete all lobbying activity for my client?

    The Act requires that you file a monthly report advising the Commissioner, no later than 15 days after the end of the month in which the undertaking has terminated.

In-house lobbyists (corporation) Registration requirements Question & Answers

1. My association is incorporated. Does this require registering as an in-house corporate lobbyist or as an in-house organization lobbyist?

   An in-house corporation registration must be filed by the most senior officer if the organization carries out commercial activities for financial gain. If the organization's activities are not carried out for financial gain, the most senior office must file an in-house organization registration.

2. My job involves trying to get government contracts for my company. I am in marketing. Does this activity have to be taken into account in order to determine if the total amount of time dedicated to lobbying constitutes a "significant part" of my duties or of the duties of other employees?

   No. The Act does not cover communications between federal public office holders and employees of commercial organizations whose job is to sell their company's products and services.

3. I lobby for my corporation but occasionally lobby for the parent company or for a subsidiary company. Do the senior officers of each company have to file separate registration forms?

   No. Your employer is required to file one registration form covering the lobbying that you perform for him or her. In the registration, he or she must disclose the name of parent corporations and those subsidiaries benefiting directly from the lobbying activities.

4. My company hired me to conduct lobbying activities on several different subject matters. When I am assigned an additional or new subject matter or issue, does this have to be reported by the officer responsible for filing returns on behalf of the corporation?

   Yes. This is a change in the information you filed previously with the Commissioner. Not later than 15 days after the end of the month that the subject areas about which you are communicating have changed, a monthly return must be filed with the Commissioner providing corrected information.

5. What should I do if my employment situation changes or if I change duties and no longer lobby for my employer?

   The most senior officer responsible for filing returns on behalf of the corporation must file a monthly return with the Commissioner no later than 15 days after the end of the month that your employment situation or duties change, providing corrected information.

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

   The most senior officer responsible for filing must provide two separate lists of employees who communicate with public office holders. The first must include the names, titles and other required information of all employees and senior officers a significant part of whose duties is to communicate with public office holders. The second list must include the names, titles, and other required information 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.

7. The subject-matter on which my corporation lobbies remains the same from year to year. How often do I have to file an updated registration?

   If five months have elapsed since the end of the month in which a monthly return was filed, and there have been no changes to your registration and no oral and arranged communication with designated public office holders has taken place, the Act requires you to file a return stating so.

8. My corporation does not lobby the federal government on a continuing basis but it does occasionally lobby the federal government on short-term projects. Does the officer responsible for filing returns on behalf of my corporation have to register for this?

   Perhaps. The officer responsible for filing returns on behalf of the corporation must file an in-house corporate lobbyists registration form within two months of the beginning of the lobbying project if the lobbying activity involves work that would be considered a significant part of the duties of one employee or if performed by several employees. A "significant part of duties" is currently interpreted as being 20% or more of the time spent lobbying by one employee or, if several employees are involved, the time spent performing registrable activities would constitute 20% or more of the duties of one employee, over a period of one month, if the time was added together. Once the project is completed and the corporation's employees cease lobbying, the officer responsible for filing returns must file a monthly return no later than 15 days after the end of the month in which lobbying activities ceased, advising the Commissioner of the fact that the employees have ceased lobbying.

   The Commissioner has issued an Interpretation Bulletin entitled A Significant Part of Duties ("The 20% Rule") regarding the definition and estimation of "significant duties." For additional information about the registration requirements of the Act, you may refer to the Guide to Registration which can be found on the Web site of the Office of the Commissioner of Lobbying.

9. As an employee, I lobby for my corporation but the senior officer in my corporation does not participate in any of the lobbying activities. Who completes the registration form?

   Any employee, including the most senior officer responsible for filing returns, may complete the registration form, but the most senior officer responsible for filing returns is the only one who may certify the information submitted and file the completed registration with the Commissioner. The most senior officer of the corporation is personally accountable for registering and for certifying that the information is accurate and complete. If the most senior officer begins to participate in lobbying activities, this must be reflected by making the appropriate changes to the registration.

10. My corporation contracts with individuals who perform lobbying activities on our behalf. We do not have an employer-employee relationship with these individuals who do this work for us. Do we list their names on the registration form as employees who lobby?

    No. If these individuals are not employees of your corporation but perform lobbying work for your corporation on a contract basis, they would be considered consultant lobbyists. Each of these consultant lobbyists would need to file the Consultant Lobbyists Registration form and identify your corporation as the client.

In-house lobbyists (organization) Registration requirements Q&A

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

   The officer responsible for filing returns must list in the registration the names of those employees who perform lobbying activities. The registration should not be used to list the names of employees who do not lobby as defined under the Act.

2. The subject-matter on which my corporation lobbies remains the same from year to year. How often do I have to file an updated registration?

   If five months have elapsed since the end of the month in which a monthly return was filed, and there have been no changes to your registration and no oral and arranged communication with designated public office holders has taken place, the Act requires you to file a return stating so.

3. My organization does not lobby the federal government on a continuing basis but it does occasionally lobby the federal government on short-term projects. Does the officer responsible for filing returns on behalf of my organization have to register for this?

   If the lobbying activity involves work that would be considered a significant part of the duties of one employee (currently interpreted as 20% or more over a one month period), the officer responsible for filing returns on behalf of the organization must file a registration within two months of the beginning of the lobbying project.

   The Commissioner has issued an Interpretation Bulletin entitled A Significant Part of Duties ("The 20% Rule") regarding the definition and estimation of "significant duties."

   As per the Act, if any employees have oral and arranged communication with a designated public office holder during the project, a monthly return must be filed no later than 15 days into the following month. Further, if an oral and arranged communication is initiated by a designated public office holder (DPOH), a monthly communications report is required from the lobbyist only if the communication related to financial benefits, such as a grant or contribution. Once the project is completed and the organization's employees stop or modify their lobbying activities, the officer responsible for filing returns must file a monthly return not later than 15 days after the end of the month the project was completed providing the Commissioner with the information that employees have modified or ceased their lobbying activities.

   For additional information about the registration requirements of the Act, you may refer to the Guide to Registration which can be found on the Web site of the Office of the Commissioner of Lobbying.

4. On my own time, I am an active member of an organization that occasionally lobbies the federal government. I am not an employee of the organization but sometimes I get involved in the lobbying activities. Do I have to register?

   No. As long as you lobby on a volunteer basis — i.e. not paid — you do not have to register. If the organization begins to pay you for your services, other than a standard reimbursement of expenses, the organization's officer responsible for filing returns would be responsible for including your name in the organization's registration.

5. As an employee, I lobby for my corporation but the senior officer in my corporation does not participate in any of the lobbying activities. Who completes the registration form?

   Any employee, including the most senior officer responsible for filing returns, may complete the registration form, but the most senior officer responsible for filing returns is the only one who may certify the information submitted and file the completed registration with the Commissioner. The most senior officer of the corporation is personally accountable for registering and for certifying that the information is accurate and complete. If the most senior officer begins to participate in lobbying activities, this must be reflected by making the appropriate changes to the registration.

6. My organization, an association, must register its employees as in-house organization lobbyists. Do I have to list the names of all my association's members?

   No. Associations have a formal purpose and structure and their membership lists are usually already available to the public. Therefore, it is not necessary to list the individual or group members of an association in the registration. However, it is necessary to provide a general description of the organization's membership.

7. My organization is a coalition of special interest groups. Do I have to name the coalition members?

   Yes. Coalitions are usually temporary alliances formed for lobbying on particular issues, and the interests or beneficiaries of such groups may not be known. Therefore, you should list the groups that make up the coalition's membership under the section in the registration where you are required to describe the organization's membership.

8. My organization contracts with individuals to perform lobbying activities on our behalf. We do not have an employer-employee relationship with these individuals who do this work for us. Do we list their names on the registration form as employees who lobby?

   No. If these individuals are not employees of your organization but perform lobbying work for your organization on a contract basis, they would be considered consultant lobbyists. Each of these consultant lobbyists would need to file a consultant lobbyist's registration and identify your organization as the client.

Designated Public Office Holder

1. How do I know if a position is a 'designated public office holder' position?

   The Lobbying Act defines designated public officer holder (DPOH) as "ministers, ministerial staff, deputy ministers and chief executives of departments, officials in departments at the rank of associate deputy minister or assistant deputy minister, as well as those occupying positions of comparable rank". For the purposes of the Act, 'departments' includes those federal departments and agencies listed in Schedules 1, 1.1, and 2 of the Financial Administration Act. The Lobbying Act further defines "any person identified by the Prime Minister as having had the task of providing advice and support to him or her during the transition period leading up to the swearing in of the Prime Minister and his or her ministry", as being subject to the Lobbying Act as if they were a DPOH.

   An additional eleven positions or classes of positions have been designated by way of regulation. They are:

   • Chief of the Defence Staff (Canadian Forces)
   • Vice Chief of the Defence Staff (Canadian Forces)
   • Chief of Maritime Staff (Canadian Forces)
   • Chief of Land Staff (Canadian Forces)
   • Chief of Air Staff (Canadian Forces)
   • Chief of Military Personnel (Canadian Forces)
   • Judge Advocate General (Canadian Forces)
   • Any positions of Senior Advisor to the Privy Council Office to which the office holder is appointed by the Governor in Council
   • Deputy Minister (Intergovernmental Affairs) (Privy Council Office)
   • Comptroller General of Canada
   • Any position in which the office holder is appointed pursuant to paragraph 127.1(1)(a) or (b) of the Public Service Employment Act
2. I suspect that someone is lobbying who is subject to the five-year prohibition on lobbying, what should I do?

   All allegations of breaches of the Act or the Lobbyists' Code of Conduct are taken seriously by the Office of the Commissioner of Lobbying. If you feel that someone has breached the Act or the Code, in this case lobbying while under the five-year prohibition, please contact the Office with all information you have on the alleged transgression. Your complaint will be handled by the Investigations Directorate.

3. How can I determine if a position is of a comparable rank to a designated public office holder (DPOH) position, such as an associate deputy minister or assistant deputy minister?

   For a position to be considered of comparable rank to a senior official such as an associate deputy minister or assistant deputy minister, it must meet the following criteria:

   • A) The position must be classified at the EX-04 level or higher; or
   • B) The position's salary must be at the EX-04 minimum or higher, exclusive of performance pay ($138 400 as of April 1, 2007). This excludes EX-03s whose salaries have crossed into the EX-04 salary band through duration in the position; and
   • C) the position must report directly to another DPOH.

   If criteria A or B and C are present, then it should be concluded that the position is of comparable rank to either an associate deputy minister or assistant deputy minister and is therefore a DPOH position.

   For more information, the Commissioner has issued an Interpretation Bulletin (Weblink) on this Issue. Public office holders unsure if their position is of comparable rank to an associate or assistant deputy minister may wish to contact the Office of the Commissioner of Lobbying for help in making that determination.

4. 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 exist:

   • Communication with a designated public office holder took place during the month being reported upon (see Lobbying Act Implementation Notice #5 - Communication with a Designated Public Office Holder).
   • Information contained in an active return is no longer correct or additional information that the lobbyist has become aware of should be included in an active return.
   • The lobbying activities have terminated or in the case of in-house lobbyists' (corporations and organizations) activities, no longer require registration.
   • Five months have elapsed since the end of the last month in which a return was filed (a total of six months since it was filed).
5. I have met with a DPOH. Does this meeting require me to file a monthly return and if so, what information must I disclose?

   Monthly returns are required whenever a lobbyist undertakes oral and arranged communication with a DPOH. The following information must be disclosed:

   • the name, position and title of the DPOH who was the object of the communication,
   • the name of the branch or unit and the name of the department or other government institution in which the DPOH is employed or serves at the time of the communication,
   • the date of the communication, and
   • the subject matter of the communication.
6. What is the five-year prohibition on lobbying and to whom does it apply?

   Individuals who hold a Designated Public Office Holder position are prohibited from specified lobbying activities for a five-year period beginning the day after they cease to occupy that office. This includes:

   • activities requiring registration as a consultant lobbyist;
   • communication on behalf of a non-profit organization in respect of specified subjects; and
   • communication on behalf of a corporation in respect of specified subjects, if those activities constitute a significant part of the individual's work.

   The Lobbying Act provides an exception for participants in an employment exchange program (e.g., Interchange Canada).

7. Is there any provision in the Lobbying Act for an exemption?

   Yes. The Commissioner of Lobbying may exempt an individual from the five-year prohibition. The circumstances or factors that the Commissioner must take into consideration when deciding whether to grant an exemption are different for DPOHs and former designated members of a Prime Minister's transition team. For a former DPOH, an exemption may be granted if the Commissioner is of the opinion that the exemption would not be contrary to the purposes of the Lobbying Act, having regard to any circumstances that the Commissioner considers relevant, including whether the person:

   • was a DPOH for a short period;
   • was a DPOH on an acting basis;
   • was employed under a student employment program; or,
   • had administrative duties only.

   For former designated members of a Prime Minister's transition team, an exemption may be granted having regard to any circumstances that the Commissioner considers relevant, including:

   • the circumstances under which the person ceased to perform their functions as a member of the transition team;
   • the nature, and significance to the Government of Canada, of information that the person possessed by virtue of the functions performed as a member of the transition team;
   • the degree to which the person's new employer might gain unfair commercial advantage by hiring the person;
   • the authority and influence that the person possessed while performing their functions as a member of the transition team; and
   • the disposition of other cases.

   All exemptions, whether for a former DPOH or a former designated member of a Prime Minister's transition team, must be made available to the public by the Commissioner without delay, along with the reasons for the Commissioner's decision. Individuals can apply to the Commissioner for an exemption under section 10.12(1) of the Act.

8. How do I apply for an exemption to the five-year prohibition on lobbying?

   The Commissioner will develop a process for considering exemption applications that is expected to include the following elements:

   • a standard means of transmitting a request to the Commissioner,
   • a list of information to be included with a request for an exemption, including:
     • a description of positions held during the individual's tenure as a public office holder, or as a designated member of a Prime Minister's transition team;
     • a description of the exemption requested; and,
     • other reasons for the Commissioner to consider when deciding on the exemption
   • a standard process of gathering information to assist the Commissioner with their decision
   • a means-likely a posting on the OCL website-of making the information available to the public without delay
   • a unique number assigned to each exemption, for use by the Office in the lobbying registration process
9. How will the Commissioner verify monthly returns with DPOHs?

   The exact process for verification of monthly reports has yet to be determined. The Commissioner has, however, the latitude to verify any or all monthly returns.

10. As a lobbyist or DPOH, how long do I need to maintain meeting information?

    The Lobbying Act does not specify that DPOHs or lobbyists must keep records of meetings; only that lobbyists file accurate reports and that DPOHs confirm the information provided by a lobbyist, when asked to do so by the Commissioner. However, it would be reasonable to expect that some means of keeping track of arranged meetings or telephone calls would be maintained pursuant to existing records management policies and practices. It would be particularly important to have such records in the event that a DPOH disagrees with the information reported by a lobbyist, or, for a lobbyist, if allegations of non-compliance are made.

11. What are the sanctions for breaching the five-year prohibition on lobbying?

    Every individual who contravenes any provision of the Lobbying Act or regulations is guilty of an offence and liable on summary conviction to a fine not exceeding $50,000. Also, if a person is convicted of an offence under the Act, the Commissioner of Lobbying may prohibit them from specified communication for a period up to two-years.

    Lobbyists who contravene the Lobbying Act are also in breach of the Principle of Professionalism set out in the Lobbyists' Code of Conduct; and could be the subject of an Investigation Report tabled in both Houses of Parliament.

12. What exactly is an arranged meeting?

    An arranged meeting is one that involves a request by a lobbyist to have a future meeting and the agreement of the DPOH to attend said meeting. The time between the request and the meeting is variable.

13. Does the Commissioner have any new powers that the Registrar did not?

    Yes. Under the Lobbying Act, the Commissioner has the authority to:

    • Request correction of information submitted under the Act within 10 days;
    • Request that present or former designated public office holders confirm the accuracy and completeness of information submitted in monthly returns;
    • On conditions that the Commissioner specifies, exempt an individual from a five-year prohibition on lobbying applied to designated public office holders;
    • Conduct an investigation if he or she has reason to believe that an investigation is necessary to ensure compliance with the Lobbying Act and the Lobbyists' Code of Conduct. (Under the previous legislation, the Registrar's powers of investigation applied only to breaches of the Code.);
    • Refuse to conduct, or cease an investigation;
    • If a person is convicted of an offence under the Act, prohibit them from engaging in registrable lobbying for a period of up to two-years; and,
    • Prepare and submit special reports concerning any manner within the scope of the powers, duties and functions of the Commissioner.

    The Lobbying Act also provides the Commissioner with an explicit mandate to develop and implement education programs to foster public awareness of the requirements of this Act, particularly on the part of lobbyists, their clients, and public office holders.

14. What are the new responsibilities of public office holders and designated public office holders under the Lobbying Act and Regulations?

    Public office holders have no new responsibilities under the Lobbying Act and Regulations. Designated public office holders may be asked by the Commissioner to verify information provided in a monthly return by a lobbyist with whom they met and are prohibited from lobbying for a period of five years.

    All registrants must disclose any previously held public offices. Furthermore, DPOHs must disclose if any of their previously held public offices were designated, and indicate the date they last held the designated position. If this date is within five years of the date of registration, the return must also state whether the individual is subject to the five-year prohibition, and if not, the reason.

15. What should DPOHs do if they receive a request from the Commissioner to verify a monthly return?

    DPOHs must respond to the Commissioner within 30 days to confirm if the information provided by the lobbyist is accurate or not and if it is not, provide the correct information.

16. What if a DPOH disagrees with the information or is unable to verify the information in a return?

    If a DPOH disagrees with the information, she or he should notify the Commissioner of the discrepancy. In terms of the verification of information contained in a return, although the Lobbying Act does not specify that DPOHs must keep records, it would be reasonable to expect that as DPOHs hold senior positions in nearly all cases, some means of keeping track of arranged meetings or telephone calls would be maintained pursuant to existing government records management policies and practices. It would be particularly important to have such records available in the event that a DPOH disagrees with the information reported by a lobbyist. The Commissioner may report to Parliament on the failure of a present or former DPOH to respond to a request for confirmation or on the provision of an unsatisfactory response to such a request.

17. What if a DPOH notices a mistake in the registry, but has not received a notice to verify from the Commissioner?

    If a DPOH observes an error in the registry, they should notify the Office of the Commissioner in writing. The OCL will attempt to clarify and correct any unintended oversights. However, intentional, negligent or careless non-compliance may result in reviews and investigations under the Act.

18. Are there any other DPOH obligations to verify returns or the registration status of lobbyists?

    No. The Commissioner will only seek verifications on monthly returns and the Act does not require DPOHs or other POHs to verify the registration status of a lobbyist.

19. Are DPOHs required to ensure that a monthly return is filed after meeting with a lobbyist?

    No. The lobbyist is responsible for ensuring meetings with DPOHs are filed in monthly returns as required by the Act.

20. Should a DPOH verify if a person is registered prior to accepting a meeting? The Lobbying Act does not require DPOHs to verify the registration status of a lobbyist prior to accepting a meeting. The responsibility to register rests with the lobbyist. However, it would be a good practice for all public office holders, including designated public office holders, to verify the registration status of an individual if they believe that he or she may be carrying out registrable activities. If there is no registration, they could choose to ask the individual if registration is required.
21. Should a DPOH maintain a list of all meetings with lobbyists?

    The Act does not prescribe how DPOHs should maintain records, but in the event that a DPOH disagrees with the information provided by a lobbyist, such records would be helpful and important.

22. Can former DPOHs accept employment with a corporation or an organization if their duties do not require them to lobby?

    Yes. The five-year post-employment prohibition does not prevent former DPOHs from accepting employment in an organization as long as their duties do not require them to lobby the federal government and otherwise be listed on the organization's registration. Former DPOH's who become senior officers at a corporation may engage in some lobbying, provided it does not constitute a significant part of their duties.

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