[36] Bill 69 Original (PDF)
B069_E
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Bill 69 1998
An Act to amend the Members' Integrity Act, 1994 and to enact the Lobbyists Registration Act, 1998
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
Members' Integrity Act, 1994
1. (1) The Members' Integrity Act, 1994 is amended by adding the following section:
Powers and duties
23.1 The Commissioner may exercise the powers and shall perform the duties assigned to him or her under this Act and any other Act.
(2) Section 25 of the Act is repealed and the following substituted:
Immunity
25. No proceeding shall be commenced against the Commissioner or an employee in his or her office for any act done or omitted in good faith in the execution or intended execution of the Commissioner's or employee's duties under this Act or any other Act.
(3) Section 26 of the Act is amended by striking out "this Act" in the fifth line and substituting "under this Act or any other Act".
Lobbyists Registration Act, 1998
2. The Lobbyists Registration Act, 1998, as set out in the Schedule to this Act, is hereby enacted.
Commencement and Short Title
Commencement
3. (1) Subject to subsection (2), this Act comes into force on the day it receives Royal Assent.
(2) The Act set out in the Schedule comes into force as provided in section 19 of the Schedule.
Short title
4. The short title of this Act is the Integrity Commissioner and Lobbyists Statute Law Amendment Act, 1998.
SCHEDULE
LOBBYISTS REGISTRATION ACT, 1998
CONTENTS
Interpretation
Interprétation
1.
Definitions
1.
Définitions
Application
Champ d'application
2.
3.
Crown bound
Restriction on application
2.
3.
Obligation de la Couronne
Restriction
Registration of Lobbyists
Enregistrement des lobbyistes
consultant lobbyists
lobbyistes-conseils
4.
Duty to file return
4.
Déclaration obligatoire
in-house lobbyists (persons and
partnerships)
lobbyistes salariés (personnes et sociétés en
nom collectif ou en commandite)
5.
Duty to file return
5.
Déclaration obligatoire
in-house lobbyists (organizations)
lobbyistes salariés (organisations)
6.
Duty to file return
6.
Déclaration obligatoire
Certification, Submission and Storage of Returns and Other Documents
Attestation, remise et mise en mémoire des déclarations et autres documents
7.
8.
9.
Certification
Forms of returns, etc.
Storage
7.
8.
9.
Attestation
Forme des déclarations et autres
Mise en mémoire
Registrar and Registry
Registrateur et registre
10.
11.
12.
13.
13.1
14.
15.
16.
Registrar
Registry
Verification of information
Refusal to accept return or other document
Removal from registry
Advisory opinions and interpretation bulletins
Delegation of powers
Recovery of fees
10.
11.
12.
13.
13.1
14.
15.
16.
Registrateur
Registre
Vérification des renseignements
Refus d'accepter une déclaration ou un
autre document
Enlèvement du registre
Avis et bulletins d'interprétation
Délégation de pouvoirs
Recouvrement des droits
Offences and Punishment
Infractions et peines
17.
Offence re returns, consultant lobbyists
17.
Infractions relatives aux déclarations : lobbyiste-conseil
Regulations
Règlements
18.
Regulations
18.
Règlements
Commencement and Short Title
Entrée en vigueur et titre abrégé
19.
20.
Commencement
Short title
19.
20.
Entrée en vigueur
Titre abrégé
______________
______________
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 section 1 of the Regulations Act,
(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 officer or employee of the Crown not otherwise referred to in clauses (c) to (e),
(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, and
(e) a member of the Ontario Provincial Police Force; ("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")
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.
Application
Crown bound
2. This Act binds the Crown.
Restriction on application
3. (1) This Act does not apply to any of the following persons 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 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.
Same
(2) This Act does not apply 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.
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.
Registration of Lobbyists
consultant lobbyists
Duty to file return
4. (1) A consultant lobbyist shall file a return with the registrar not later than 10 days after commencing performance of an undertaking.
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.
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.
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.
6.1 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.
6.2 The name and business address of any individual who, to the knowledge of the consultant lobbyist, made a contribution described in paragraph 6.1 on behalf of an entity or organization described in that paragraph.
7. The subject-matter in respect of which the consultant lobbyist has undertaken to lobby and any other prescribed information respecting the subject-matter.
8. 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).
9. Particulars to identify any relevant legislative proposal, bill, resolution, regulation, policy, program, decision, grant, contribution, financial benefit or contract.
10. 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.
11. 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.
12. 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.
13. 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.
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.
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.
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.
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.
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.
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")
in-house lobbyists (persons and partnerships)
Duty to file return
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.
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).
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.
7.1 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.
7.2 The name and business address of any individual who, to the knowledge of the in-house lobbyist, made a contribution described in paragraph 7.1 on behalf of an entity or organization described in that paragraph.
8. 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.
9. 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.
10. Particulars to identify any relevant legislative proposal, bill, resolution, regulation, policy, program, decision, grant, contribution or financial benefit.
11. 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.
12. 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.
13. 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.
14. 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.
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.
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.
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.
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")
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 within the meaning of the Public Service Act.
3. Such other classes of employees of Crown agencies as may be prescribed.
in-house lobbyists (organizations)
Duty to file return
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.
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).
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.
5.1 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.
5.2 The name and business address of any individual who, to the knowledge of the senior officer, made a contribution described in paragraph 5.1 on behalf of an entity or organization described in that paragraph.
6. The name of each in-house lobbyist employed by the organization.
7. 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.
8. 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.
9. Particulars to identify any relevant legislative proposal, bill, resolution, regulation, policy, program, decision, grant, contribution or financial benefit.
10. 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.
11. 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.
12. 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.
13. 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 10.
14. 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.
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.
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")
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.
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.
Manner of filing, etc.
(2) Returns, information and other documents must be submitted to the registrar in a manner permitted by the registrar.
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.
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.
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.
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.
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.
Registrar and Registry
Registrar
10. The Integrity Commissioner is hereby appointed as registrar.
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.
Form of registry
(2) The registry shall be organized in the manner and kept in the form that the registrar may determine.
Access to registry
(3) The registry shall be available for public inspection in the manner and during the time that the registrar may determine.
Verification of information
12. The registrar may verify the information contained in any return or other document submitted to the registrar under this Act.
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.
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.
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.
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.
Removal from registry
13.1 (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.
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.
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.
Advisory opinions and interpretation bulletins
14. (1) The registrar may issue advisory opinions and interpretation bulletins with respect to the enforcement, interpretation or application of this Act.
Effect
(2) Advisory opinions and interpretation bulletins issued under subsection (1) are not binding.
Delegation of powers
15. (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.
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.
Conditions, etc.
(3) A delegation may be made subject to such conditions and restrictions as the person making the delegation considers appropriate.
Recovery of fees
16. 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.
Offences and Punishment
Offence re returns, consultant lobbyists
17. (1) Every individual who fails to comply with subsection 4 (1), (3), (4), (5) or (8) is guilty of an offence.
Same, in-house lobbyists
(1.1) Every individual who fails to comply with subsection 5 (1), (2), (3), (4) or (6) is guilty of an offence.
Same, senior officers
(1.2) Every individual who fails to comply with subsection 6 (1), (2), (3) or (4) is guilty of an offence.
False or misleading statements
(2) 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.
Conflict of interest, consultant lobbyist
(3) 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 (3.2).
Same, in-house lobbyist
(3.1) 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 (3.2).
Conflict of interest
(3.2) A public officer 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 officer were a member of the Legislative Assembly.
Penalty
(3.3) Upon conviction of an offence under this section, an individual is liable to a fine of not more than $25,000.
Limitation
(4) 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.
Regulations
Regulations
18. The Lieutenant Governor in Council may make regulations,
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(c) 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);
(d) 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;
(e) prescribing the fee referred to in clause (d) 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;
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(g) respecting the entering or recording of any return or other document under subsection 9 (1);
(h) prescribing any matter or thing that by this Act is to be or may be prescribed;
(i) generally for carrying out the purposes and provisions of this Act.
Commencement and Short Title
Commencement
19. The Act set out in this Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.
Short title
20. The short title of the Act set out in this Schedule is the Lobbyists Registration Act, 1998.
EXPLANATORY NOTE
The Bill amends the Members' Integrity Act, 1994 and enacts a new Act, the Lobbyists Registration Act, 1998.
Members' Integrity Act, 1994
Amendments to the Members' Integrity Act, 1994 address the powers and duties of the Integrity Commissioner. The Commissioner currently exercises powers and performs duties under that Act. The amendments refer to the Commissioner's powers and duties "under any other Act", and are required because the Commissioner will have powers and duties under the Lobbyists Registration Act, 1998.
Related changes are made to the provisions of the Act concerning the personal liability of the Commissioner and the employees in his or her office and concerning their compellability as witnesses in certain civil proceedings.
Lobbyists Registration Act, 1998
The Bill creates a new Act, the Lobbyists Registration Act, 1998. The new Act is set out in the Schedule to the Bill.
The new Act will make it necessary for paid lobbyists to report their lobbying of public office holders by filing a return with a registrar. A registry of returns will be available for public inspection.
The new Act defines three categories of lobbyists: consultant lobbyists, in-house lobbyists for persons (including corporations) and partnerships, and in-house lobbyists for organizations. An officer who is compensated for the performance of his or her duties or an employee will be considered to be an in-house lobbyist if a significant part of their duties is to lobby public office holders.
The new Act sets out the activities that are considered to be lobbying and who is considered to be a "public office holder". Certain types of individuals are exempted from the application of the proposed Act but the proposed Act binds the Crown. Certain activities, which are set out in the new Act, are not considered to be lobbying.
The Integrity Commissioner is appointed as registrar.
The registrar is allowed to issue non-binding advisory opinions and interpretation bulletins.
It will be an offence to contravene specified provisions of the Act, to make false or misleading statements in a return or other document or to knowingly place a public office holder in a position of a real or potential conflict of interest. All offences are subject to a maximum fine of $25,000.
Regulations may be made respecting when an officer's or employee's duties to lobby constitute a significant part of their duties and requiring fees for filing returns. Copyright © 1998
Office of the Legislative Assembly of Ontario
Toronto, Ontario, Canada.