Lobbyists Registration Act, 1998, S.O. 1998, c. 27, Sched.

• Jurisdiction: Ontario

Lobbyists Registration Act, 1998

S.O. 1998, CHAPTER 27
Schedule

Consolidation Period: From March 26, 2019 to the e-Laws currency date.

Last amendment: 2019, c. 1, Sched. 4, s. 28.

CONTENTS

Interpretation

Definitions

1 (1) In this Act,

“chief executive officer” means, with respect to an organization, the individual who holds the most senior executive position in the organization, regardless of the actual title of the position; (“chef de la direction”)

“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”)

“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”)

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

“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,

(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

Note: On a day to be named by proclamation of the Lieutenant Governor, the English version of clause (e) of the definition of “public office holder” in subsection 1 (1) of the Act is amended by striking out “Force”. (See: 2019, c. 1, Sched. 4, s. 28)

(f) an officer, director or employee of,

(i) Repealed: 2015, c. 20, Sched. 22, s. 1.

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

(iii) Repealed: 2014, c. 7, Sched. 18, s. 1.

(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); 2014, c. 7, Sched. 18, s. 1; 2014, c. 13, Sched. 8, s. 1; 2015, c. 20, Sched. 22, s. 1; 2018, c. 17, Sched. 45, s. 8 (1).

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).

Section Amendments with date in force (d/m/y)

2006, c. 21, Sched. F, s. 118 - 25/07/2007

2010, c. 25, s. 25 (1-3) - 1/01/2011

2014, c. 7, Sched. 18, s. 1 - 1/01/2015; 2014, c. 13, Sched. 8, s. 1 (1-2) - 01/07/2016

2015, c. 20, Sched. 22, s. 1 - 15/10/2015

2018, c. 3, Sched. 5, s. 31 - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019; 2018, c. 17, Sched. 45, s. 8 (1) - 06/12/2018

2019, c. 1, Sched. 4, s. 28 - not in force

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).

Section Amendments with date in force (d/m/y)

2002, c. 17, Sched. F, Table - 1/01/2003

2010, c. 25, s. 25 (4-5) - 1/01/2011

Prohibited Lobbying Activities

Consultant lobbyists and public funds

3.1 No...