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Lobbyists Registration Act, 1998

S.O. 1998, CHAPTER 27
Schedule

Historical version for the period July 24, 2014 to December 10, 2014.

Last amendment: 2014, c. 7, Sched. 18.

CONTENTS

Interpretation

1.

Definitions

Application

2.

Crown bound

3.

Restriction on application

Registration of Lobbyists

consultant lobbyists

4.

Duty to file return, consultant lobbyists

4.1

Consultant lobbyists and public funds

in-house lobbyists (persons and partnerships)

5.

Duty to file return, in-house lobbyists

in-house lobbyists (organizations)

6.

Duty to file return, organizations

Certification, Submission and Storage of Returns and Other Documents

7.

Certification

8.

Form of returns, etc.

9.

Storage

Registrar and Registry

10.

Registrar

11.

Registry

12.

Verification of information

13.

Refusal to accept return or other document

14.

Removal from registry

15.

Advisory opinions and interpretation bulletins

16.

Delegation of powers

17.

Recovery of fees

Offences and Punishment

18.

Offence re returns, consultant lobbyists

Regulations

19.

Regulations

 

Interpretation

Definitions

1. (1) In this Act,

“Crown” means Her Majesty in right of Ontario; (“Couronne”)

“grass-roots communication” means appeals to members of the public through the mass media or by direct communication that seek to persuade members of the public to communicate directly with a public office holder in an attempt to place pressure on the public office holder to endorse a particular opinion; (“appel au grand public”)

“lobby” means,

(a) in relation to a consultant lobbyist referred to in section 4 and an in-house lobbyist referred to in section 5 or 6, to communicate with a public office holder in an attempt to influence,

(i) the development of any legislative proposal by the Government of Ontario or by a member of the Legislative Assembly,

(ii) the introduction of any bill or resolution in the Legislative Assembly or the passage, defeat or amendment of any bill or resolution that is before the Legislative Assembly,

(iii) the making or amendment of any regulation as defined in Part III (Regulations) of the Legislation Act, 2006,

(iv) the development or amendment of any policy or program of the Government of Ontario or the termination of any program of the Government of Ontario,

(v) a decision by the Executive Council to transfer from the Crown for consideration all or part of, or any interest in or asset of, any business, enterprise or institution that provides goods or services to the Crown or to the public,

(vi) a decision by the Executive Council, a committee of the Executive Council or a minister of the Crown to have the private sector instead of the Crown provide goods or services to the Crown,

(vii) the awarding of any grant, contribution or other financial benefit by or on behalf of the Crown, and

(b) in relation to a consultant lobbyist referred to in section 4 only,

(i) to communicate with a public office holder in an attempt to influence the awarding of any contract by or on behalf of the Crown, or

(ii) to arrange a meeting between a public office holder and any other person; (“exercer des pressions”)

“organization” means,

(a) a business, trade, industry, professional or voluntary organization,

(b) a trade union or labour organization,

(c) a chamber of commerce or board of trade,

(d) an association, a charitable organization, a coalition or an interest group,

(e) a government, other than the Government of Ontario, and

(f) a corporation without share capital incorporated to pursue, without financial gain to its members, objects of a national, provincial, territorial, patriotic, religious, philanthropic, charitable, educational, agricultural, scientific, artistic, social, professional, fraternal, sporting or athletic character or other similar objects; (“organisation”)

“prescribed” means prescribed by the regulations made under this Act; (“prescrit”)

“public office holder” means,

(a) any minister, officer or employee of the Crown,

(b) a member of the Legislative Assembly and any person on his or her staff,

(c) a person who is appointed to any office or body by or with the approval of the Lieutenant Governor in Council or a minister of the Crown, other than a judge or a justice of the peace or a person appointed by or with the approval of the Lieutenant Governor in Council on the address of the Legislative Assembly,

(d) an officer, director or employee of any agency, board or commission of the Crown,

(e) a member of the Ontario Provincial Police Force, and

(f) an officer, director or employee of,

(i) Hydro One Inc. and each of its subsidiaries,

(ii) Ontario Power Generation Inc. and each of its subsidiaries,

(iii) Ontario Power Authority, or

Note: On January 1, 2015, the day named by proclamation of the Lieutenant Governor, clause (f) is amended by adding “or” at the end of subclause (ii) and by repealing subclause (iii). (See: 2014, c. 7, Sched. 18, ss. 1, 2)

(iv) Independent Electricity System Operator; (“titulaire d’une charge publique”)

“registrar” means the registrar appointed by section 10; (“registrateur”)

“regulations” means the regulations made under this Act unless otherwise specified. (“règlements”)  1998, c. 27, Sched., s. 1 (1); 2006, c. 21, Sched. F, s. 118; 2010, c. 25, s. 25 (1, 2).

Subsidiary corporation

(2) For the purposes of this Act, a corporation is a subsidiary of another corporation if,

(a) securities of the corporation, to which are attached more than 50 per cent of the votes that may be cast to elect directors of the corporation, are held, otherwise than by way of security only, directly or indirectly, whether through one or more subsidiaries or otherwise, by or for the benefit of the other corporation; and

(b) the votes attached to those securities are sufficient, if exercised, to elect a majority of the directors of the corporation.  1998, c. 27, Sched., s. 1 (2).

Public body

(3) In this Act, a reference to an agency, board or commission of the Government of Ontario is deemed to be a reference to a public body designated in regulations made under the Public Service of Ontario Act, 2006.  2010, c. 25, s. 25 (3).

Application

Crown bound

2. This Act binds the Crown.  1998, c. 27, Sched., s. 2.

Restriction on application

3. (1) The following persons are not required to register under section 4, 5 or 6 when acting in their official capacity:

1. Members of the Senate or House of Commons of Canada, the legislative assembly of another province, the council or legislative assembly of a territory, or persons on the staff of these members.

2. Employees of the Government of Canada or of the government of another province or of a territory.

3. Members of a council or other statutory body charged with the administration of the civil or municipal affairs of a municipality as defined in the Municipal Act, 2001 and members of a local board as defined in the Municipal Affairs Act, persons on the staff of these members or officers or employees of a municipality or local board.

4. Members of the council of a band as defined in subsection 2 (1) of the Indian Act (Canada) or of the council of an Indian band established by an Act of the Parliament of Canada, persons on the staff of these members or employees of the council.

5. Diplomatic agents, consular officers or official representatives in Canada of a foreign government.

6. Officials of a specialized agency of the United Nations in Canada or officials of any other international organization to whom there are granted, by or under any Act of the Parliament of Canada, privileges and immunities.  1998, c. 27, Sched., s. 3 (1); 2002, c. 17, Sched. F, Table; 2010, c. 25, s. 25 (4).

Same

(2) An individual is not required to register under section 4, 5 or 6 in respect of,

(a) any oral or written submission made in proceedings that are a matter of public record to a committee of the Legislative Assembly or to any body or person having jurisdiction or powers conferred by or under an Act;

(b) any oral or written submission made to a public office holder by an individual on behalf of a person, partnership or organization, with respect to,

(i) the enforcement, interpretation or application of any Act or regulation made under any Act by that public office holder and with respect to that person, partnership or organization, or

(ii) the implementation or administration of any policy, program, directive or guideline by that public office holder and with respect to that person, partnership or organization;

(c) any oral or written submission made to a public office holder by an individual on behalf of a person, partnership or organization, in direct response to a written request from a public office holder for advice or comment in respect of any matter referred to in clause (a) or subclause (b) (i) of the definition of “lobby” in subsection 1 (1); or

(d) any oral or written submission made to a member of the Legislative Assembly by an individual on behalf of a constituent of the member with respect to any personal matter of that constituent unless the submission is made in respect of a matter referred to in subclause (a) (i) or (ii) of the definition of “lobby” in subsection 1 (1) concerning a private bill for the special benefit of that constituent.  1998, c. 27, Sched., s. 3 (2); 2010, c. 25, s. 25 (5).

Same

(3) Nothing in this Act shall be construed as requiring the disclosure of the name or identity of any individual if that disclosure could reasonably be expected to threaten the safety of that individual.  1998, c. 27, Sched., s. 3 (3).

Registration of Lobbyists

consultant lobbyists

Duty to file return, consultant lobbyists

4. (1) A consultant lobbyist shall file a return with the registrar not later than 10 days after commencing performance of an undertaking.  1998, c. 27, Sched., s. 4 (1).

Where one return sufficient

(2) A consultant lobbyist who undertakes to lobby is required to file only one return under subsection (1) even though he or she may, in connection with that undertaking, communicate with one or more public office holders on one or more occasions or arrange one or more meetings between a public office holder and any other person.  1998, c. 27, Sched., s. 4 (2).

Transitional

(3) If, on the coming into force of this section, a consultant lobbyist is performing an undertaking, the consultant lobbyist shall file a return with the registrar not later than 10 days after this section comes into force.  1998, c. 27, Sched., s. 4 (3).

Contents of return

(4) A consultant lobbyist shall set out in the return the following information with respect to the undertaking:

1. The name and business address of the consultant lobbyist and, if applicable, the name and business address of the firm where the consultant lobbyist is engaged in business.

2. The name and business address of the client and the name and business address of any person, partnership or organization that, to the knowledge of the consultant lobbyist, controls or directs the activities of the client and has a direct interest in the outcome of the consultant lobbyist’s activities on behalf of the client.

3. If the client is a corporation, the name and business address of each subsidiary of the corporation that, to the knowledge of the consultant lobbyist, has a direct interest in the outcome of the consultant lobbyist’s activities on behalf of the client.

4. If the client is a corporation that is a subsidiary of any other corporation, the name and business address of that other corporation.

5. If the client is a coalition, the name and business address of each partnership, corporation or organization that is a member of the coalition.

6. If the client is funded, in whole or in part, by a government, the name of the government or government agency, as the case may be, and the amount of funding received by the client from that government or government agency.

7. The name and business address of any entity or organization that, to the knowledge of the consultant lobbyist, contributed (during the entity’s or organization’s fiscal year that precedes the filing of the return) $750 or more toward the consultant lobbyist’s activities on behalf of the client.  However, this paragraph does not apply with respect to contributions made by a government.

8. The name and business address of any individual who, to the knowledge of the consultant lobbyist, made a contribution described in paragraph 7 on behalf of an entity or organization described in that paragraph.

9. The subject-matter in respect of which the consultant lobbyist has undertaken to lobby and any other prescribed information respecting the subject-matter.

10. If applicable, whether the payment to the consultant lobbyist is, in whole or in part, contingent on the consultant lobbyist’s degree of success in lobbying as described in clause (a) or subclause (b) (i) of the definition of “lobby” in subsection 1 (1).

11. Particulars to identify any relevant legislative proposal, bill, resolution, regulation, policy, program, decision, grant, contribution, financial benefit or contract.

12. The name of any ministry of the Government of Ontario or agency, board or commission of the Crown in which any public office holder is employed or serves whom the consultant lobbyist has lobbied or expects to lobby.

13. Whether the consultant lobbyist has lobbied or expects to lobby a member of the Legislative Assembly in his or her capacity as a member or a person on the staff of a member of the Legislative Assembly.

14. If the consultant lobbyist has undertaken to lobby as described in clause (a) or subclause (b) (i) of the definition of “lobby” in subsection 1 (1), the techniques of communication, including grass-roots communication, that the consultant lobbyist has used or expects to use to lobby.

14.1 Information confirming that,

i.   the consultant lobbyist has not been engaged by a client under circumstances where the client is an organization that is prohibited from engaging lobbyist services under the Broader Public Sector Accountability Act, 2010, and

ii. where the consultant lobbyist has provided services to such a client, an attestation, in a form satisfactory to the registrar, from the head of the client organization confirming that the consultant lobbyist has not been paid for lobbyist services with public funds or other revenues that are not permitted to be used for that purpose.

15. Such additional information as may be prescribed with respect to the identity of a person or entity described in this section.  However, the regulations cannot require the consultant lobbyist to set out on the return the names of individuals or other information that might identify individuals, if their names are not otherwise required by this subsection.  1998, c. 27, Sched., s. 4 (4); 2010, c. 25, s. 25 (6).

Changes to return and new information

(5) A consultant lobbyist shall provide the registrar with any change to the information in his or her return and any information required to be provided under subsection (4), the knowledge of which the consultant lobbyist acquired only after the return was filed, not later than 30 days after the change occurs or the knowledge is acquired.  1998, c. 27, Sched., s. 4 (5).

Transitional

(5.1) A consultant lobbyist who has filed a return with the registrar before section 4 of the Broader Public Sector Accountability Act, 2010 applies to a client shall provide the information required by paragraph 14.1 of subsection 4 (4) to the registrar within 30 days of the day on which that section begins to apply.  2010, c. 25, s. 25 (7).

Confirmation of return

(6) A consultant lobbyist shall provide the registrar with confirmation of the information contained in his or her return within two months after the expiration of the first and each subsequent year from the date of filing the return and shall include an updated version of every attestation required under paragraph 14.1 of subsection (4) with that confirmation.  1998, c. 27, Sched., s. 4 (6); 2010, c. 25, s. 25 (8).

Completion or termination of undertaking

(7) A consultant lobbyist shall advise the registrar that he or she has completed an undertaking in respect of which he or she has filed a return or that the undertaking has been terminated not later than 30 days after the completion or termination of the undertaking.  1998, c. 27, Sched., s. 4 (7).

Information requested by registrar

(8) A consultant lobbyist shall provide the registrar with any information that the registrar may request to clarify any information that the consultant lobbyist has provided to the registrar under this section not later than 30 days after the registrar makes the request.  1998, c. 27, Sched., s. 4 (8).

Restriction on application

(9) This section does not apply in respect of anything that an employee undertakes to do on the sole behalf of his or her employer or, if his or her employer is a corporation, in respect of anything that the employee, at the direction of the employer, undertakes to do on behalf of any subsidiary of the employer or any corporation of which the employer is a subsidiary.  1998, c. 27, Sched., s. 4 (9).

Definitions

(10) In this section,

“client” means a person, partnership or organization on whose behalf a consultant lobbyist undertakes to lobby; (“client”)

“consultant lobbyist” means an individual who, for payment, undertakes to lobby on behalf of a client; (“lobbyiste-conseil”)

“payment” means money or anything of value and a contract, promise or agreement to pay money or anything of value; (“paiement”)

“undertaking” means an undertaking by a consultant lobbyist to lobby on behalf of a client. (“engagement”)  1998, c. 27, Sched., s. 4 (10).

Consultant lobbyists and public funds

4.1 No consultant lobbyist shall undertake to lobby on behalf of a client where,

(a) the client is prohibited from engaging a lobbyist to provide lobbyist services using public funds or other revenues under section 4 of the Broader Public Sector Accountability Act, 2010; and

(b) compensation of the consultant lobbyist is to be paid from public funds or other revenues that the client is prohibited from using under that section.  2010, c. 25, s. 25 (9).

in-house lobbyists (persons and partnerships)

Duty to file return, in-house lobbyists

5. (1) An in-house lobbyist who is employed by a person that is not an organization or by a partnership shall file a return with the registrar,

(a) within two months after the day on which he or she becomes an in-house lobbyist; and

(b) within two months after the end of each financial year of the employer or, if the employer does not have a financial year, within two months after the end of each calendar year, beginning with the financial year or calendar year, as the case may be, in which the in-house lobbyist is required to file a return.  1998, c. 27, Sched., s. 5 (1).

Transitional

(2) If, on the coming into force of this section, an individual is an in-house lobbyist employed by a person or partnership, he or she shall file a return with the registrar within two months after the day on which this section comes into force and after that in accordance with clause (1) (b).  1998, c. 27, Sched., s. 5 (2).

Contents of return

(3) An in-house lobbyist shall set out in the return the following information:

1. The name and business address of the in-house lobbyist.

2. The name and business address of the employer.

3. If the employer is a corporation, the name and business address of each subsidiary of the corporation that, to the knowledge of the in-house lobbyist, has a direct interest in the outcome of the in-house lobbyist’s activities on behalf of the employer.

4. If the employer is a corporation that is a subsidiary of any other corporation, the name and business address of that other corporation.

5. If applicable, the financial year of the employer.

6. A description in summary form of the employer’s business or activities and any other prescribed information to identify the employer’s business or activities.

7. If the employer is funded, in whole or in part, by a government, the name of the government or government agency, as the case may be, and the amount of funding received by the employer from that government or government agency.

8. The name and business address of any entity or organization that, to the knowledge of the in-house lobbyist, contributed (during the entity’s or organization’s fiscal year that precedes the filing of the return) $750 or more toward the in-house lobbyist’s activities on behalf of the employer.  However, this paragraph does not apply with respect to contributions made by a government.

9. The name and business address of any individual who, to the knowledge of the in-house lobbyist, made a contribution described in paragraph 8 on behalf of an entity or organization described in that paragraph.

10. If the in-house lobbyist is lobbying at the time the return is filed, the subject-matter in respect of which he or she is lobbying and any other prescribed information respecting the subject-matter.

11. The subject-matters in respect of which the in-house lobbyist has lobbied or expects to lobby during the financial year of the employer in which the return is filed or, if the employer does not have a financial year, during the calendar year in which the return is filed, and any other prescribed information respecting those subject-matters.

12. Particulars to identify any relevant legislative proposal, bill, resolution, regulation, policy, program, decision, grant, contribution or financial benefit.

13. The name of any ministry of the Government of Ontario or agency, board or commission of the Crown in which any public office holder is employed or serves whom the in-house lobbyist has lobbied or expects to lobby during the financial year of the employer in which the return is filed or, if the employer does not have a financial year, during the calendar year in which the return is filed.

14. Whether the in-house lobbyist has lobbied or expects to lobby a member of the Legislative Assembly in his or her capacity as a member or a person on the staff of a member of the Legislative Assembly during the financial year of the employer in which the return is filed or, if the employer does not have a financial year, during the calendar year in which the return is filed.

15. The techniques of communication, including grass-roots communication, that the in-house lobbyist has used or expects to use to lobby during the financial year of the employer in which the return is filed or, if the employer does not have a financial year, during the calendar year in which the return is filed.

16. Such additional information as may be prescribed with respect to the identity of a person or entity described in this section.  However, the regulations cannot require the in-house lobbyist to set out on the return the names of individuals or other information that might identify individuals, if their names are not otherwise required by this subsection.  1998, c. 27, Sched., s. 5 (3).

Changes to return and new information

(4) An in-house lobbyist shall provide the registrar with any change to the information in his or her return and any information required to be provided under subsection (3), the knowledge of which the in-house lobbyist acquired only after the return was filed, not later than 30 days after the change occurs or the knowledge is acquired.  1998, c. 27, Sched., s. 5 (4).

Ceasing duties or employment

(5) An in-house lobbyist who ceases to be an in-house lobbyist or to be employed by his or her employer shall advise the registrar of that not later than 30 days after it occurs.  1998, c. 27, Sched., s. 5 (5).

Information requested by registrar

(6) An in-house lobbyist shall provide the registrar with any information that the registrar may request to clarify any information that the in-house lobbyist has provided to the registrar under this section not later than 30 days after the registrar makes the request.  1998, c. 27, Sched., s. 5 (6).

Definitions

(7) In this section,

“employee” includes an officer who is compensated for the performance of his or her duties; (“employé”)

“in-house lobbyist” means an individual (other than one described in subsection (8)) who is employed by a person or partnership, a significant part of whose duties as an employee, as determined in accordance with the regulations, is to lobby on behalf of the employer or, if the employer is a corporation, on behalf of any subsidiary of the employer or any corporation of which the employer is a subsidiary; (“lobbyiste salarié”)

“person” does not include a corporation referred to in clause (f) of the definition of “organization” in subsection 1 (1). (“personne”)  1998, c. 27, Sched., s. 5 (7).

Exclusions, in-house lobbyist

(8) The following individuals are not in-house lobbyists:

1. Officers of the Assembly who are appointed on the address of the Assembly and the individuals employed in the office of such officers.

2. Public servants employed under Part III of the Public Service of Ontario Act, 2006.

3. Such other classes of employees of Crown agencies as may be prescribed.  1998, c. 27, Sched., s. 5 (8); 2006, c. 35, Sched. C, s. 62.

in-house lobbyists (organizations)

Duty to file return, organizations

6. (1) The senior officer of an organization that employs an in-house lobbyist shall file a return with the registrar,

(a) within two months after the day on which that person becomes an in-house lobbyist; and

(b) within 30 days after the expiration of each six-month period after the date of filing the previous return.  1998, c. 27, Sched., s. 6 (1).

Transitional

(2) If, on the coming into force of this section, the organization employs an in-house lobbyist, the senior officer of the organization shall file a return with the registrar within two months after the day on which this section comes into force and after that in accordance with clause (1) (b).  1998, c. 27, Sched., s. 6 (2).

Contents of return

(3) The senior officer of an organization shall set out in the return the following information:

1. The name and business address of the senior officer.

2. The name and business address of the organization.

3. A description in summary form of the organization’s business or activities and any other prescribed information to identify its business or activities.

4. A description of the membership of the organization and such other information as may be prescribed with respect to the membership, including the names of officers or directors of the organization.  However, a regulation cannot require the senior officer to set out on the return the names of other individuals who are members or to set out other information that might identify such other individuals.

5. If the organization is funded, in whole or in part, by a government, the name of the government or government agency, as the case may be, and the amount of funding received by the organization from that government or government agency.

6. The name and business address of any entity or other organization that, to the knowledge of the senior officer, contributed (during the entity’s or organization’s fiscal year that precedes the filing of the return) $750 or more toward the lobbying activities of the organization’s in-house lobbyists.  However, this paragraph does not apply with respect to contributions made by a government.

7. The name and business address of any individual who, to the knowledge of the senior officer, made a contribution described in paragraph 6 on behalf of an entity or organization described in that paragraph.

8. The name of each in-house lobbyist employed by the organization.

9. If any in-house lobbyist is lobbying at the time the return is filed, the subject-matter in respect of which he or she is lobbying and any other prescribed information respecting the subject-matter.

10. The subject-matters, and any other prescribed information respecting those subject-matters, in respect of which any in-house lobbyist,

i. has lobbied during the period for which the return is filed, and

ii. expects to lobby during the next following six-month period.

11. Particulars to identify any relevant legislative proposal, bill, resolution, regulation, policy, program, decision, grant, contribution or financial benefit.

12. The name of any ministry of the Government of Ontario or agency, board or commission of the Crown in which any public office holder is employed or serves whom any in-house lobbyist,

i. has lobbied during the period for which the return is filed, and

ii. expects to lobby during the next following six-month period.

13. Whether any in-house lobbyist,

i. has lobbied a member of the Legislative Assembly in his or her capacity as a member or a person on the staff of a member of the Legislative Assembly during the period for which the return is filed, and

ii. expects to lobby a member of the Legislative Assembly in his or her capacity as a member or a person on the staff of a member of the Legislative Assembly during the next following six-month period.

14. The techniques of communication, including grass-roots communication, that any in-house lobbyist,

i. has used to lobby during the period for which the return is filed, and

ii. expects to use to lobby during the next following six-month period.

15. Any other prescribed information relating to the identity of the senior officer, the organization, any in-house lobbyist or any ministry, agency, board or commission referred to in paragraph 12.

16. The name of any in-house lobbyist who has been identified in the last return filed and has ceased to be an in-house lobbyist or to be employed by the organization.  1998, c. 27, Sched., s. 6 (3).

Information requested by registrar

(4) The senior officer shall provide the registrar with any information that the registrar may request to clarify any information that the senior officer has provided in his or her return not later than 30 days after the registrar makes the request.  1998, c. 27, Sched., s. 6 (4).

Definitions

(5) In this section,

“employee” includes an officer who is compensated for the performance of his or her duties; (“employé”)

“in-house lobbyist” means an individual who is employed by an organization,

(a) a significant part of whose duties as an employee, as determined in accordance with the regulations, is to lobby on behalf of the organization, or

(b) a part of whose duties as an employee is to lobby on behalf of the organization if his or her duties to lobby together with the duties of other employees to lobby would constitute a significant part of the duties of one employee, as determined in accordance with the regulations, were those duties to lobby to be performed by only one employee; (“lobbyiste salarié”)

“senior officer” means the most senior officer of an organization who is compensated for the performance of his or her duties. (“premier dirigeant”)  1998, c. 27, Sched., s. 6 (5).

Certification, Submission and Storage of Returns and Other Documents

Certification

7. Every individual who submits a return or other document to the registrar under this Act shall certify that the information contained in it is true to the best of his or her knowledge and belief on the return or other document or, if it is submitted in electronic or other form in accordance with subsection 8 (1), in the manner that is specified by the registrar.  1998, c. 27, Sched., s. 7.

Form of returns, etc.

8. (1) Returns to be filed with the registrar and information and other documents to be given to the registrar under this Act must be in a form approved by the registrar.  1998, c. 27, Sched., s. 8 (1).

Manner of filing, etc.

(2) Returns, information and other documents must be submitted to the registrar in a manner permitted by the registrar.  1998, c. 27, Sched., s. 8 (2).

Date of filing

(3) Subject to subsection (5), the date on which the registrar receives a return is the date on which the return is considered to have been filed for the purposes of this Act.  1998, c. 27, Sched., s. 8 (3).

Date on which information, etc., provided

(4) Subject to subsection (5), the date on which the registrar receives information or a document other than a return is the date on which the information or document is considered to have been provided to the registrar for the purposes of this Act.  1998, c. 27, Sched., s. 8 (4).

Deemed receipt

(5) In the prescribed circumstances, a return, information or another document shall be deemed to have been received by the registrar on the date determined in accordance with the prescribed rules.  1998, c. 27, Sched., s. 8 (5).

Storage

9. (1) Subject to the regulations, any return or other document that is received by the registrar may be entered or recorded by any information storage device, including any system of mechanical or electronic data processing, that is capable of reproducing the stored return or other document in intelligible form within a reasonable time.  1998, c. 27, Sched., s. 9 (1).

Evidence

(2) In any prosecution for an offence under this Act, a copy of a return or other document that is reproduced from an information storage device referred to in subsection (1) and certified under the registrar’s signature as a true copy is admissible in evidence without proof of the signature or official character of the person appearing to have signed the copy and, in the absence of evidence to the contrary, has the same probative force as the original would have if it were proved in the ordinary way.  1998, c. 27, Sched., s. 9 (2).

Registrar and Registry

Registrar

10. The Integrity Commissioner is hereby appointed as registrar.  1998, c. 27, Sched., s. 10.

Registry

11. (1) The registrar shall establish and maintain a registry in which shall be kept all returns filed under this Act as revised by other documents submitted to the registrar under this Act.  1998, c. 27, Sched., s. 11 (1).

Form of registry

(2) The registry shall be organized in the manner and kept in the form that the registrar may determine.  1998, c. 27, Sched., s. 11 (2).

Access to registry

(3) The registry shall be available for public inspection in the manner and during the time that the registrar may determine.  1998, c. 27, Sched., s. 11 (3).

Verification of information

12. The registrar may verify the information contained in any return or other document submitted to the registrar under this Act.  1998, c. 27, Sched., s. 12.

Refusal to accept return or other document

13. (1) The registrar may refuse to accept any return or other document submitted to the registrar under this Act that does not comply with the requirements of this Act or the regulations or that contains information or statements not requested in the return or other document.  1998, c. 27, Sched., s. 13 (1).

Duty to inform

(2) If the registrar refuses to accept a return or other document under subsection (1), the registrar shall inform the individual who submitted it of the refusal and the reason for the refusal in the manner that the registrar determines.  1998, c. 27, Sched., s. 13 (2).

Extension of time

(3) Despite the provisions of this Act respecting times for filing a return or submitting another document, if a return or other document is refused by the registrar under subsection (1) and the individual cannot reasonably submit another by the time set out in this Act for filing or submitting it, the registrar shall provide the individual with a reasonable extension of time to file another return or submit another document.  1998, c. 27, Sched., s. 13 (3).

Deeming provision

(4) If the registrar accepts another return or document within the extension of time referred to in subsection (3), the return shall be deemed to have been filed or other document shall be deemed to have been submitted on the day on which the return or other document that was refused was received by the registrar.  1998, c. 27, Sched., s. 13 (4).

Removal from registry

14. (1) The registrar may remove a return from the registry if the individual who filed the return,

(a) fails to confirm the information contained in it within the period required by subsection 4 (6);

(b) fails to advise the registrar of the matters required by subsection 4 (7) or 5 (5) within the period required by the subsection; or

(c) fails to give the registrar any requested information relating to the return within the period specified by this Act.  1998, c. 27, Sched., s. 14 (1).

Same

(2) The Statutory Powers Procedure Act does not apply with respect to the registrar’s decision to remove a return from the registry, and the registrar may remove the return without giving notice to the individual who filed the return and without holding a hearing.  1998, c. 27, Sched., s. 14 (2).

Effect of removal

(3) When a return is removed from the registry, the individual who filed it shall be deemed, for the purposes of his or her existing and future obligations under this Act, not to have filed the return.  1998, c. 27, Sched., s. 14 (3).

Advisory opinions and interpretation bulletins

15. (1) The registrar may issue advisory opinions and interpretation bulletins with respect to the enforcement, interpretation or application of this Act.  1998, c. 27, Sched., s. 15 (1).

Effect

(2) Advisory opinions and interpretation bulletins issued under subsection (1) are not binding.  1998, c. 27, Sched., s. 15 (2).

Delegation of powers

16. (1) The registrar may delegate in writing any of his or her powers or duties under this Act to a person employed in the registrar’s office and may authorize him or her to delegate any of those powers or duties to another person employed in that office.  1998, c. 27, Sched., s. 16 (1).

Temporary delegation

(2) The registrar may make a delegation that expires on or before June 30, 1999 to any person and may authorize him or her to delegate any of those powers or duties to another person.  1998, c. 27, Sched., s. 16 (2).

Conditions, etc.

(3) A delegation may be made subject to such conditions and restrictions as the person making the delegation considers appropriate.  1998, c. 27, Sched., s. 16 (3).

Recovery of fees

17. Any fee required by the regulations to be paid may be recovered in any court of competent jurisdiction as a debt due to the Crown.  1998, c. 27, Sched., s. 17.

Offences and Punishment

Offence re returns, consultant lobbyists

18. (1) Every individual who fails to comply with subsection 4 (1), (3), (4), (5) or (8) is guilty of an offence.  1998, c. 27, Sched., s. 18 (1).

Same, in-house lobbyists

(2) Every individual who fails to comply with subsection 5 (1), (2), (3), (4) or (6) is guilty of an offence.  1998, c. 27, Sched., s. 18 (2).

Same, senior officers

(3) Every individual who fails to comply with subsection 6 (1), (2), (3) or (4) is guilty of an offence.  1998, c. 27, Sched., s. 18 (3).

False or misleading statements

(4) Every individual who knowingly makes a false or misleading statement in a return or other document submitted to the registrar under this Act is guilty of an offence.  1998, c. 27, Sched., s. 18 (4).

Conflict of interest, consultant lobbyist

(5) Every consultant lobbyist (within the meaning of subsection 4 (10)) is guilty of an offence if, in the course of lobbying a public office holder, the consultant lobbyist knowingly places the public office holder in a position of a real or potential conflict of interest as described in subsection (7).  1998, c. 27, Sched., s. 18 (5).

Same, in-house lobbyist

(6) Every in-house lobbyist (within the meaning of subsection 5 (7) or 6 (5)) is guilty of an offence if, in the course of lobbying a public office holder, the in-house lobbyist knowingly places the public office holder in a position of real or potential conflict of interest as described in subsection (7).  1998, c. 27, Sched., s. 18 (6).

Conflict of interest

(7) A public office holder is in a position of conflict of interest if he or she engages in an activity that is prohibited by section 2, 3 or 4 or subsection 6 (1) of the Members’ Integrity Act, 1994, or that would be so prohibited if the public office holder were a member of the Legislative Assembly.  1998, c. 27, Sched., s. 18 (7).

Offence re public funds, etc.

(7.1) Every individual who fails to comply with section 4.1 is guilty of an offence.  2010, c. 25, s. 25 (10).

Penalty

(8) Upon conviction of an offence under this section, an individual is liable to a fine of not more than $25,000.  1998, c. 27, Sched., s. 18 (8).

Limitation

(9) No proceeding in respect of an offence under this section shall be commenced more than two years after the time when the subject-matter of the proceeding arose.  1998, c. 27, Sched., s. 18 (9).

Regulations

Regulations

19. The Lieutenant Governor in Council may make regulations,

(a) respecting the determination of when the duties of an employee to lobby on behalf of an employer constitute a significant part of his or her duties as an employee for the purpose of the definition of “in-house lobbyist” in subsections 5 (7) and 6 (5);

(b) requiring a fee to be paid on the filing of a return or a return of a class of returns under section 4, 5 or 6, or for any service performed or the use of any facility provided by the registrar;

(c) prescribing the fee referred to in clause (b) or the manner of determining it, and providing for a difference in or the waiver of the fee for filing a return based on the manner in which the return is submitted to the registrar;

(d) respecting the entering or recording of any return or other document under subsection 9 (1);

(e) prescribing any matter or thing that by this Act is to be or may be prescribed;

(f) generally for carrying out the purposes and provisions of this Act.  1998, c. 27, Sched., s. 19.

20. Omitted (provides for coming into force of provisions of this Act).  1998, c. 27, Sched., s. 20.

21. Omitted (enacts short title of this Act).  1998, c. 27, Sched., s. 21.

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