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Federal Accountability Act - Text of Bill C-2

2003, c. 10, s. 4(1)

69. (1) Subsections 5(1.1) to (1.3) of the Act are replaced by the following:

Time limit for filing return

(1.1) An individual shall file the return referred to in subsection (1) not later than 10 days after entering into the undertaking.

Clause 69: (1) Existing text of subsections 5(1.1) to (1.3):

(1.1) An individual shall file a return

(a) not later than ten days after entering into an undertaking referred to in subsection (1); and

(b) subject to subsections (1.2) and (1.3), not later than thirty days after the expiry of every six-month period after the day on which a return is filed under paragraph (a).

(1.2) Where an individual provides a change to information or newly acquired information under subsection (3), a return under paragraph (1.1)(b) shall be filed not later than thirty days after the expiry of every six-month period after the last day on which a change or newly acquired information is provided under that subsection.

(1.3) An individual is not required to file a return under paragraph (1.1)(b) with respect to an undertaking if the individual completes or terminates the undertaking and advises the registrar of that fact in the prescribed form and manner before the expiry of the period within which the return must be filed under that paragraph.

2003, c. 10, s. 4(4)(F)

(2) Paragraph 5(2)(g) of the Act is replaced by the following:

(g) the fact that it does not provide for any payment that is in whole or in part contingent on the outcome of any matter described in subparagraphs (1)(a)(i) to (vi) or on the individual's success in arranging a meeting referred to in paragraph (1)(b);

(2) and (3) Relevant portion of subsection 5(2):

(2) The return shall set out the following information with respect to the undertaking:

...

(g) where applicable, whether the payment to the individual is in whole or in part contingent on the individual's degree of success in influencing any matter described in subparagraphs (1)(a)(i) to (vi);

...

(h.1) if the individual is a former public officer holder, a description of the offices held;

2003, c. 10, s. 4(5)

(3) Paragraph 5(2)(h.1) of the Act is replaced by the following:

(h.1) if the individual is a former public officer holder, a description of the offices held, which of those offices, if any, qualified the individual as a senior public office holder and the date on which the individual last ceased to hold such a senior public office;

1995, c. 12, s. 3

(4) Subsection 5(3) of the Act is replaced by the following:

Requirement to file monthly return

(3) The individual shall file a return, in the prescribed form and manner, not later than 15 days after the end of every month, beginning with the one in which the return is filed under subsection (1), that

(a) sets out, with respect to every communication referred to in paragraph (1)(a) that is of a prescribed type and that was made in that month and every meeting referred to in paragraph (1)(b) that is of a prescribed type and that was arranged in that month, involving a senior public office holder and relating to the undertaking,

(i) the name of the senior public office holder who was the object of the communication or with whom the meeting was arranged,

(ii) the date of the communication or meeting,

(iii) particulars, including any prescribed particulars, to identify the subject-matter of the communication or meeting, and

(iv) any other information that is prescribed;

(b) if any information contained in the return filed under subsection (1) is no longer correct or additional information that the individual would have been required to provide under that subsection has come to the knowledge of the individual after the return was filed, provides the corrected or additional information; and

First monthly return

(4) The first return filed under subsection (3) shall, despite paragraph (3)(a), set out the information required by that paragraph in respect of communications made between the day on which the undertaking referred to in subsection (1) was entered into and the end of the month immediately before the filing of the return.

Exception

(4.1) Subject to subsection (4.2), no return is required under subsection (3) if no communication referred to in paragraph (3)(a) was made and no meeting referred to in that paragraph was arranged, during the period with respect to which the return is to set out information, and if the circumstances referred to in paragraphs (3)(b) and (c) have not arisen.

Return - six-month period

(4.2) In any case, no more than five months shall have elapsed since the end of the month in which a return was last filed without a return being filed by the individual under subsection (3), even if, since the last return, no communication was made or meeting arranged as referred to in paragraph (3)(a) and the circumstances referred to in paragraphs (3)(b) and (c) have not arisen, in which case the report shall so state.

Termination of reporting obligation

(4.3) The obligation to file a return under subsection (3) terminates when the undertaking has been performed or is terminated and a report has been filed under that subsection advising of that fact in accordance with paragraph (3)(c).

(4) Existing text of subsection 5(3):

(3) An individual who files a return shall provide the registrar, in the prescribed form and manner, with any change to the information provided by the individual in the return, and any information required to be provided under subsection (2) the knowledge of which the individual acquired only after the return was filed, not later than thirty days after the change occurs or the knowledge is acquired.

2003, c. 10, s. 4(7)

(5) Subsection 5(7) of the Act is replaced by the following:

For greater certainty

(7) For greater certainty, an individual who undertakes to communicate with a public office holder as described in paragraph (1)(a) is not required to file more than one return under subsection (1) with respect to the undertaking, even though the individual, in connection with that undertaking, communicates with more than one public office holder or communicates with one or more public office holders on more than one occasion.

(5) Existing text of subsection 5(7):

(7) For greater certainty, an individual who undertakes to communicate with a public office holder as described in paragraph (1)(a) is not required to file more than one return with respect to the undertaking, even though the individual, in connection with that undertaking, communicates with more than one public office holder or communicates with one or more public office holders on more than one occasion.

2003, c. 10, s. 7(1)

70. (1) Subsections 7(2) and (2.1) of the Act are replaced by the following:

Time limit for filing return

(2) The officer responsible for filing returns shall file a return not later than two months after the day on which the requirement to file a return first arises under subsection (1).

Clause 70: (1) Existing text of subsections 7(2) and (2.1):

(2) The officer responsible for filing returns shall file a return

(a) not later than two months after the day on which the requirement to file a return first arises under subsection (1); and

(b) subject to subsection (2.1), not later than thirty days after the expiry of every six-month period after the day on which a return is filed under paragraph (a).

(2.1) The officer responsible for filing returns is not required to file a return under paragraph (2)(b) if

(a) the employer no longer employs any employees whose duties are as described in paragraphs (1)(a) and (b); and

(b) the officer responsible for filing returns advises the registrar of the circumstances described in paragraph (a) in the prescribed form and manner before the expiry of the period within which the return must be filed under paragraph (2)(b).

2003, c. 10, s. 7(1)

(2) Paragraphs 7(3)(f.1) to (h.3) of the Act are replaced by the following:

(f.1) if the employer is a corporation,

(i)a list including the name of each senior officer or employee a significant part of whose duties is as described in paragraph (1)(a), and

(ii)a second list including the name of each other senior officer any part of whose duties is as described in paragraph (1)(a) but without constituting a significant part;

(g) particulars to identify the subject-matter of any communication that any employee named in the return has made or is expected to make with a public office holder in respect of any matter described in subparagraphs (1)(a)(i) to (v) and any other information respecting that subject-matter that is prescribed;

(h) if any employee named in the return is a former public office holder, a description of the offices held, which of those offices, if any, qualified the employee as a senior public office holder and the date on which the employee last ceased to hold such a senior public office;

(2) and (3) Relevant portion of subsection 7(3):

(3) The return shall set out the following information:

...

(f.1) if the employer is a corporation, the name of

(i) each senior officer any part of whose duties is as described in paragraph (1)(a), and

(ii) any other employee any part of whose duties is as described in paragraph (1)(a), if that part constitutes a significant part of the duties of that employee;

(g) if the return is filed under paragraph (2)(a), particulars to identify the subject-matter of any communication between any employee named in the return and a public office holder in respect of any matter described in subparagraphs (1)(a)(i) to (v) during the period between the date on which the requirement to file a return first arises under subsection (1) and the date of filing, and any other information respecting that subject-matter that is prescribed;

(h) if the return is filed under paragraph (2)(b), particulars to identify the subject-matter of any communication between any employee named in the return and a public office holder in respect of any matter described in subparagraphs (1)(a)(i) to (v) during a six-month period referred to in paragraph (2)(b) and any other information respecting that subject-matter that is prescribed;

(h.1) if any employee named in the return communicates with a public office holder in respect of any matter described in subparagraphs (1)(a)(i) to (v) during the period between the expiry of a six-month period referred to in paragraph (2)(b) and the date on which the return is filed under that paragraph, particulars to identify the subject-matter of the communication and any other information respecting that subject-matter that is prescribed;

(h.2) if any employee named in the return is expected to communicate with a public office holder in respect of any matter described in subparagraphs (1)(a)(i) to (v) during the six-month period after the date of filing under paragraph (2)(a), or during the six-month period after the expiry of a six-month period referred to in paragraph (2)(b), particulars to identify the subject-matter of the communication and any other information respecting that subject-matter that is prescribed;

(h.3) if any employee named in the return is a former public office holder, a description of the offices held;

...

(j) the name of any department or other governmental institution in which a public office holder is employed or serves, if any employee named in the return,

(i) communicates with the public office holder in respect of any matter described in subparagraphs (1)(a)(i) to (v) during the period referred to in paragraph (g), (h) or (h.1), or

(ii) is expected to communicate with the public office holder in respect of any matter described in subparagraphs (1)(a)(i) to (v) during either of the periods referred to in paragraph (h.2);

(k) particulars to identify any communication technique, including grass-roots communication within the meaning of paragraph 5(2)(j), that any employee named in the return

(i) uses in connection with any communication in respect of any matter described in subparagraphs (1)(a)(i) to (v) during the period referred to in paragraph (g), (h) or (h.1), or

(ii) is expected to use in connection with any communication in respect of any matter described in subparagraphs (1)(a)(i) to (v) during either of the periods referred to in paragraph (h.2); and

2003, c. 10, s. 7(1)

(3) Paragraphs 7(3)(j) and (k) of the Act are replaced by the following:

(j) the name of any department or other governmental institution in which any public office holder with whom any employee named in the return communicates or is expected to communicate in respect of any matter described in subparagraphs (1)(a)(i) to (v) is employed or serves;

(k) particulars to identify any communication technique, including grass-roots communication within the meaning of paragraph 5(2)(j), that any employee named in the return uses or is expected to use in connection with any communication in respect of any matter described in subparagraphs (1)(a)(i) to (v); and

2003, c. 10, s. 7(1)

(4) Subsection 7(4) of the Act is replaced by the following:

Requirement to file monthly return

(4) The officer responsible for filing returns shall file a return, in the prescribed form and manner, not later than 15 days after the end of every month, beginning with the one in which the return is filed under subsection (1), that

(a) sets out, with respect to every communication referred to in paragraph (1)(a) that is of a prescribed type and that was made in that month involving a senior public office holder,

(i) the name of the senior public office holder who was the object of the communication,

(ii) the date of the communication,

(iii) particulars, including any prescribed particulars, to identify the subject-matter of the communication, and

(iv) any other information that is prescribed;

(b) if any information contained in the return filed under subsection (1) is no longer correct or additional information that the officer would have been required to provide under that subsection has come to the knowledge of the officer after the return was filed, provides the corrected or additional information; and

(c) if the employer no longer employs any employees whose duties are as described in paragraphs (1)(a) and (b), advises the Commissioner of that fact.

First monthly return

(4.1) The first return filed under subsection (4) shall, despite paragraph (4)(a), set out the information required by that paragraph in respect of communications made between the day on which the requirement to file a return first arose under subsection (1) and the end of the month immediately before the filing of the return.

Exception

(4.2) Subject to subsection (4.3), no return is required under subsection (4) if no communication referred to in paragraph (4)(a) was made during the period with respect to which the return is to set out information and if the circumstances referred to in paragraphs (4)(b) and (c) have not arisen.

Return - six-month period

(4.3) In any case, no more than five months shall have elapsed since the end of the month in which a return was last filed without a return being filed under subsection (4), even if, since the last return, no communication was made as referred to in paragraph (4)(a) and the circumstances referred to in paragraphs (4)(b) and (c) have not arisen, in which case the report shall so state.

Termination of reporting obligation

(4.4) The obligation to file a return under subsection (4) terminates when the employer no longer employs any employees whose duties are as described in paragraphs (1)(a) and (b) and a report has been filed under that subsection advising of that fact in accordance with paragraph (4)(c).

(4) Existing text of subsection 7(4):

(4) If an employee who has been named in a return no longer performs any of the duties described in paragraph (1)(a) or is no longer employed by the employer, the officer responsible for filing returns shall, in the prescribed form and manner, not later than thirty days after the change occurs, advise the registrar of the change.

71. Section 8 of the Act is repealed.

Clause 71: Existing text of section 8:

8. The Registrar General of Canada may designate any person employed in the office of the Registrar General of Canada as the registrar for the purposes of this Act.

1995, c. 12, s. 5

72. Subsection 9(1) of the Act is replaced by the following:

Registry

9. (1) The Commissioner shall establish and maintain a registry in which shall be kept a record of all returns and other documents submitted to the Commissioner under this Act and of any information sent under subsection 9.1(1) and responses provided relative to that information.

Clause 72: Existing text of subsection 9(1):

9. (1) The registrar shall establish and maintain a registry in which shall be kept a record of all returns and other documents submitted to the registrar under this Act.

73. The Act is amended by adding the following after section 9:

Confirmation of lobbying activity information

9.1 (1) The Commissioner may send to any present or former senior public office holder information derived from that referred to in paragraph 5(3)(a) or 7(4)(a) and provided in returns filed under subsection 5(3) or 7(4) in order that the office holder - in the prescribed time, manner and form - confirm to the Commissioner its accuracy and completeness or correct and complete it.

Report

(2) The Commissioner may, in a report under section 11 or 11.1, report on the failure by a present or former senior public office holder to respond relative to information sent under subsection (1) or the provision by such a person of an unsatisfactory response.

Clause 73: New.

2004, c. 7, s. 20

74. Subsection 10(1) of the Act is replaced by the following:

Interpretation bulletins

10. (1) The Commissioner may issue advisory opinions and interpretation bulletins with respect to the enforcement, interpretation or application of this Act other than under sections 10.2 to 10.5.

Clause 74: Existing text of subsection 10(1):

10. (1) The registrar may issue advisory opinions and interpretation bulletins with respect to the enforcement, interpretation or application of this Act other than under sections 10.2 to 10.6.

75. The Act is amended by adding the following after section 10:

LOBBYISTS' REMUNERATION

Prohibition - lobbyist

10.1 (1) An individual who is required to file a return under subsection 5(1) shall not receive any payment that is in whole or in part contingent on the outcome of any matter described in subparagraphs 5(1)(a)(i) to (vi) or on the individual's success in arranging a meeting referred to in paragraph 5(1)(b).

Prohibition - client

(2) The client of an individual referred to in subsection (1) shall not make any such payment to the individual.

RESTRICTION ON LOBBYING ACTIVITY

Five-year prohibition - lobbying

10.11 (1) No individual shall, during a period of five years after the day on which the individual ceases to be a senior public office holder,

(a) carry on any of the activities referred to in paragraph 5(1)(a) or (b) in the circumstances referred to in subsection 5(1);

(b) if the individual is employed by an organization, carry on any of the activities referred to in paragraph 7(1)(a) on behalf of that organization; and

(c) if the individual is employed by a corporation, carry on any of the activities referred to in paragraph 7(1)(a) on behalf of that corporation if carrying on those activities would constitute a significant part of the individual's work on its behalf.

Exception

(2) Subsection (1) does not apply in respect of any senior public office that was held only because the individual participated in an employment exchange program.

Exemption

(3) On application, the Commissioner of Lobbying may, on any conditions that the Commissioner specifies, exempt an individual from the application of subsection (1) if the Commissioner is of the opinion that the exemption would not be contrary to the purposes of this Act having regard to any circumstance or factor that the Commissioner considers relevant, including whether the individual

(a) was a senior public office holder for a short period;

(b) was a senior public office holder on an acting basis;

(d) had administrative duties only.

Publication

(4) The Commissioner shall without delay cause every exemption and the Commissioner's reasons for it to be made available to the public.

Clause 75: New.

76. The Act is amended by adding the following before section 10.4:

INVESTIGATIONS

Clause 76 : New.

2004, c. 7, s. 23 and par. 39(3)(a)

77. (1) Subsections 10.4(1) and (2) of the Act are replaced by the following:

Investigation

10.4 (1) The Commissioner shall conduct an investigation if he or she has reason to believe that an investigation is necessary to ensure compliance with the Code or this Act, as applicable.

Exception

(1.1) The Commissioner may refuse to conduct or may cease an investigation with respect to any matter if he or she is of the opinion that

(a) the matter is one that could more appropriately be dealt with according to a procedure provided for under another Act of Parliament;

(b) the matter is not sufficiently important;

(c) dealing with the disclosure would serve no useful purpose because of the length of time that has elapsed since the matter arose; or

(d) there is any other valid reason for not dealing with the matter.

Powers of investigation

(2) For the purpose of conducting the investigation, the Commissioner may

(a) in the same manner and to the same extent as a superior court of record,

(i) summon and enforce the attendance of persons before the Commissioner and compel them to give oral or written evidence on oath, and

(ii) compel persons to produce any documents or other things that the Commissioner considers relevant for the investigation;

and

(b) administer oaths and receive and accept information, whether or not it would be admissible as evidence in a court of law.

Clause 77: (1) Existing text of subsections 10.4(1) and (2):

10.4 (1) Where the registrar believes on reasonable grounds that a person has breached the Code, the registrar shall investigate to determine whether a breach has occurred.

(2) For the purpose of conducting the investigation, the registrar may

(a) in the same manner and to the same extent as a superior court of record,

(i) summon and enforce the attendance of persons before the registrar and compel them to give oral or written evidence on oath, and

(ii) compel persons to produce any documents or other things that the registrar considers necessary for the investigation, including any record of a payment received, disbursement made or expense incurred by an individual who is required to file a return under subsection 5(1) or by an employee who, in accordance with paragraph 7(3)(f) or (f.1), is named in a return filed under subsection 7(1), in respect of any matter referred to in any of subparagraphs 5(1)(a)(i) to (vi) or 7(1)(a)(i) to (v), as the case may be; and

(b) administer oaths and receive and accept information, whether or not it would be admissible as evidence in a court of law.

2003, c. 10, ss. 10(2) and (3); 2004, c. 7, s. 23 and par. 39(3)(b) and (c)

(2) The portion of section 10.4 of the Act after subsection (5) is replaced by the following:

Confidentiality

(6) The Commissioner, and every person acting on behalf of or under the direction of the Commissioner, may not disclose any information that comes to their knowledge in the performance of their duties and functions under this section, unless

(a) the disclosure is, in the opinion of the Commissioner, necessary for the purpose of conducting an investigation under this section or establishing the grounds for any findings or conclusions contained in a report under section 10.5;

(b) the information is disclosed in a report under section 10.5 or in the course of a prosecution for an offence under section 131 of the Criminal Code (perjury) in respect of a statement made to the Commissioner; or

(c) the Commissioner believes on reasonable grounds that the disclosure is necessary for the purpose of advising a peace officer having jurisdiction to investigate an alleged offence under this or any other Act of Parliament or of the legislature of a province.

Advice to peace officers

(7) If, during an investigation under this section, the Commissioner believes on reasonable grounds that a person has committed an offence under this or any other Act of Parliament or of the legislature of a province, the Commissioner shall advise a peace officer having jurisdiction to investigate the alleged offence and immediately suspend the Commissioner's investigation.

Suspension of investigation

(8) The Commissioner shall immediately suspend an investigation under this section if he or she discovers that the subject-matter of the investigation is also the subject-matter of an investigation to determine whether an offence under this or any other Act of Parliament or of the legislature of a province has been committed or that a charge has been laid with respect to that subject-matter.

Investigation continued

(9) The Commissioner may not continue an investigation under this section until any investigation or charge regarding the same subject-matter has been finally disposed of.

(2) Relevant portion of section 10.4:

(6) The registrar, and every person acting on behalf of or under the direction of the registrar, may not disclose any information that comes to their knowledge in the performance of their duties and functions under this section, unless

(a) the disclosure is, in the opinion of the registrar, necessary for the purpose of conducting an investigation under this section or establishing the grounds for any findings or conclusions contained in a report under section 10.5;

(c) the registrar believes on reasonable grounds that the disclosure is necessary for the purpose of advising a peace officer having jurisdiction to investigate an alleged offence under this or any other Act of Parliament or of the legislature of a province.

(c) the Ethics Counsellor believes on reasonable grounds that the disclosure is necessary for the purpose of advising a peace officer having jurisdiction to investigate an alleged offence under this or any other Act of Parliament or of the legislature of a province.

(7) If, during the course of performing duties and functions under this section, the registrar believes on reasonable grounds that a person has committed an offence under this or any other Act of Parliament or of the legislature of a province, the registrar shall advise a peace officer having jurisdiction to investigate the alleged offence.

(8) The registrar must immediately suspend an investigation under this section of an alleged breach of the Code by any person if

(a) the registrar believes on reasonable grounds that the person has committed an offence under this or any other Act of Parliament or of the legislature of a province in respect of the same subject-matter; or

(b) it is discovered that the subject-matter of the investigation under this section is also the subject-matter of an investigation to determine whether an offence referred to in paragraph (a) has been committed or that a charge has been laid with respect to that subject-matter.

(9) The registrar may not continue an investigation under this section until any investigation or charge regarding the same subject-matter has been finally disposed of.

(7) If, during the course of performing duties and functions under this section, the Ethics Counsellor believes on reasonable grounds that a person has committed an offence under this or any other Act of Parliament or of the legislature of a province, the Ethics Counsellor shall advise a peace officer having jurisdiction to investigate the alleged offence.

(8) The registrar must immediately suspend an investigation under this section of an alleged breach of the Code by any person if

(9) The registrar may not continue an investigation under this section until any investigation or charge regarding the same subject-matter has been finally disposed of.

2004, c. 7, ss. 23, 24 and 39(4)

78. Sections 10.5 to 11 of the Act are replaced by the following:

Report on investigation

10.5 (1) After conducting an investigation, the Commissioner shall prepare a report of the investigation, including the findings, conclusions and reasons for the Commissioner's conclusions, and submit it to Parliament.

Contents of report

(2) The report may contain details of any payment received, disbursement made or expense incurred by an individual who is required to file a return under subsection 5(1) or by an employee who, in accordance with paragraph 7(3)(f) or (f.1), is named in a return filed under subsection 7(1), in respect of any matter referred to in any of subparagraphs 5(1)(a)(i) to (vi) or 7(1)(a)(i) to (v), as the case may be, or of any payment made by the client of an individual who is required to file a return under subsection 5(1) in respect of any matter referred to in any of subparagraphs 5(1)(a)(i) to (vi), any communication referred to in paragraph 5(1)(a) or any meeting referred to in paragraph 5(1)(b), if the Commissioner considers publication of the details to be in the public interest.

REPORTS TO PARLIAMENT

Annual report

11. The Commissioner shall, within three months after the end of each fiscal year, prepare a report with regard to the administration of this Act during that fiscal year and submit the report to Parliament.

Special reports

11.1 The Commissioner may, at any time, make a special report to Parliament concerning any matter within the scope of the powers, duties and functions of the Commissioner if, in the opinion of the Commissioner, the matter is of such urgency or importance that a report on it should not be deferred until the next annual report.

Clause 78: Existing text of sections 10.5 to 11:

10.5 (1) After conducting an investigation, the registrar shall prepare a report of the investigation, including the findings, conclusions and reasons for the registrar's conclusions, and submit it to the Registrar General of Canada who shall cause a copy of it to be laid before each House of Parliament on any of the first fifteen sitting days on which that House is sitting after it is received.

10.6 The registrar shall, within three months after the end of each fiscal year, prepare a report with regard to the exercise of the powers, duties and functions conferred on the registrar under this Act during the fiscal year and submit the report to the Registrar General of Canada who shall cause a copy of it to be laid before each House of Parliament on any of the first fifteen sitting days on which that House is sitting after it is received.

ANNUAL REPORT

11. (1) The registrar shall, within three months after the end of each fiscal year, prepare a report with regard to the administration of this Act, other than sections 10.2 to 10.6, during that fiscal year and submit the report to the Registrar General of Canada.

(2) The Registrar General of Canada shall cause a copy of the report prepared pursuant to subsection (1) to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after it is received.

79. Section 12 of the Act is amended by adding the following after paragraph (c):

(c.1) designating, individually or by class, positions in the federal public administration that are, in the opinion of the Governor in Council, of a rank comparable to a position described in paragraph (b) of the definition "senior public office holder" in subsection 2(1) as a senior public office for the purposes of paragraph (c) of that definition;

Clause 79: New.

1995, c. 12, s. 7

80. Section 14 of the Act is replaced by the following:

Contravention

14. (1)Every individual who fails to file a return as required under subsection 5(1) or (3) or 7(1) or (4), or knowingly makes any false or misleading statement in any return or other document submitted to the Commissioner under this Act or in any response provided relative to information sent under subsection 9.1(1), whether in electronic or other form, is guilty of an offence and liable

(a) on summary conviction, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding six months, or to both; and

(b) on proceedings by way of indictment, to a fine not exceeding $200,000 or to imprisonment for a term not exceeding two years, or to both.

Other contraventions

(2)Every individual who contravenes any provision of this Act - other than subsections 5(1) and (3), 7(1) and (4) and 10.3(1) - or the regulations is guilty of an offence and liable on summary conviction to a fine not exceeding $50,000.

Limitation

(3) Proceedings by way of summary conviction in respect of an offence under this section may be instituted at any time within but not later than five years after the day on which the Commissioner became aware of the subject-matter of the proceedings but, in any case, not later than ten years after the day on which the subject-matter of the proceedings arose.

Prohibition on communication

14.01 If a person is convicted of an offence under this Act, the Commissioner may - if satisfied that it is necessary in the public interest, taking into account the gravity of the offence and whether the offence was a second or subsequent offence under this Act - prohibit for a period of not more than two years the person who committed the offence from effecting any communication described in paragraph 5(1)(a) or 7(1)(a) or arranging a meeting referred to in paragraph 5(1)(b).

Publication

14.02 The Commissioner may make public the nature of the offence, the name of the person who committed it, the punishment imposed and, if applicable, any prohibition under section 14.01.

Clause 80: Existing text of section 14:

14. (1) Every individual who contravenes any provision of this Act, other than subsection 10.3(1), or the regulations is guilty of an offence and liable on summary conviction to a fine not exceeding twenty-five thousand dollars.

(2) Every individual who knowingly makes any false or misleading statement in any return or other document submitted to the registrar under this Act, whether in electronic or other form, is guilty of an offence and liable

(a) on summary conviction, to a fine not exceeding twenty-five thousand dollars or to imprisonment for a term not exceeding six months, or to both; and

(b) on proceedings by way of indictment, to a fine not exceeding one hundred thousand dollars or to imprisonment for a term not exceeding two years, or to both.

(3) Proceedings by way of summary conviction in respect of an offence under this section may be instituted at any time within but not later than two years after the time when the subject-matter of the proceedings arose.

Replacement of references

81. The Act is amended by replacing "registrar" with "Commissioner" wherever it occurs in the following provisions:

(a) subsections 5(1) and (5);

(b) subsections 7(1) and (5);

(d) subsections 9(2) to (4);

(e) section 10.2;

(f) section 10.4; and

(g) paragraphs 12(a) and (b).

Terminology

Replacement of references

82. Unless the context otherwise requires, any reference to the Lobbyists Registration Act is replaced by a reference to the Lobbying Act wherever it occurs in regulations, as defined in section 2 of the Statutory Instruments Act and in any other instrument made in the execution of a power conferred under an Act of Parliament or by order or under the authority of the Governor in Council.

Transitional Provisions

Reference to Act

83. In sections 84 to 88 of this Act, the "other Act" means, before the day on which section 66 of this Act comes into force, the Lobbyists Registration Act and, from that day, the Lobbying Act.

Commissioner

84. (1) The person who holds the office of registrar immediately before the day on which section 68 of this Act comes into force is authorized to act as the Commissioner of Lobbying under the other Act until the appointment of a Commissioner under subsection 4.1(1) of the other Act - or of a person under subsection 4.1(5) of the other Act - as enacted by section 68 of this Act.

Employees

(2) The coming into force of section 68 of this Act does not affect the status of an employee - as defined in subsection 2(1) of the Public Service Employment Act - who occupied, immediately before the day on which that section 68 comes into force, a position in the Office of the Registrar of Lobbyists, except that the employee from that day occupies that position in the Office of the Commissioner of Lobbying.

Pending investigations

85. Any investigation by the registrar under the other Act that is pending immediately before the day on which section 77 of this Act comes into force may continue to be conducted by the Commissioner of Lobbying under the other Act.

Transfer of appropriations

86. Any amount that is appropriated, for the fiscal year in which section 71 of this Act comes into force, by an appropriation Act based on the Estimates for that year for defraying the charges and expenses of the federal public administration for the former registrar designated under section 8 of the other Act, as it read before the day on which that section 71 comes into force, and that, on that day, is unexpended is deemed, on that day, to be an amount appropriated for defraying the charges and expenses of the Office of the Commissioner of Lobbying under the administration of the Commissioner of Lobbying referred to in subsection 4.1(1) of the other Act, as enacted by section 68 of this Act.

Contingent payments

87. Section 10.1 of the other Act, as enacted by section 75 of this Act, does not apply with respect to any contingent payment that, on the day on which that section 75 comes into force,

(a) was mentioned in a return in accordance with paragraph 5(2)(g) of the other Act as it read before the day on which subsection 69(2) of this Act comes into force; or

(b) was provided for in an undertaking entered into before the day on which that section 75 comes into force but for which a return was neither filed nor yet required, under subsection 5(1.1) of the other Act as it read before the day on which subsection 69(1) of this Act comes into force, to be filed.

Former senior public office holders

88. (1) For greater certainty, section 10.11 of the other Act, as enacted by section 75 of this Act, does not apply with respect to any ceasing to hold office or to be employed that is referred to in that section 10.11 and that occurred before the day on which that section 75 comes into force.

Assistant deputy ministers

(2) Section 10.11 of the other Act, as enacted by section 75 of this Act, also does not apply in respect of any ceasing to be a senior public office holder with the rank of assistant deputy minister or any office of equivalent rank that occurs during the six months after the day on which that section 75 comes into force.

Consequential Amendments

R.S., c. A-1

Access to Information Act

89. The Access to Information Act is amended by adding the following in numerical order:

Records relating to investigations

16.2 The Commissioner of Lobbying shall refuse to disclose any record requested under this Act that contains information that was obtained or created by the Commissioner or on the Commissioner's behalf in the course of an investigation conducted by or under the authority of the Commissioner.

Access to Information Act

Clause 89: New.

SOR/2006-34

90. Schedule I to the Act is amended by striking out the following under the heading "Other Government Institutions":

Office of the Registrar of Lobbyists

Bureau du directeur des lobbyistes

91. Schedule I to the Act is amended by adding the following in alphabetical order under the heading "Other Government Institutions":

Office of the Commissioner of Lobbying

Commissariat au lobbying

R.S., c. F-11

Financial Administration Act

SOR/2006-30; SOR/2006-31

92. Schedule I.1 to the Financial Administration Act is amended by striking out the following in column I:

Office of the Registrar of Lobbyists

Bureau du directeur des lobbyistes

and the corresponding reference in column II to the "President of the Treasury Board".

93. Schedule I.1 to the Act is amended by adding the following in alphabetical order in column I:

Office of the Commissioner of Lobbying

Commissariat au lobbying

and a corresponding reference in column II to the "President of the Treasury Board".

SOR/2006-32

94. Schedule IV to the Act is amended by striking out the following:

Office of the Registrar of Lobbyists

Bureau du directeur des lobbyistes

95. Schedule IV to the Act is amended by adding the following in alphabetical order:

Office of the Commissioner of Lobbying

Commissariat au lobbying

R.S., c. 31 (4th Supp.)

Official Languages Act

96. Subsection 24(3) of the Official Languages Act is amended by striking out the word "and" at the end of paragraph (d), by adding the word "and" at the end of paragraph (e) and by adding the following after paragraph (e):

(f) the Office of the Commissioner of Lobbying.

Official Languages Act

Clause 96 : Relevant portion of subsection 24(3) :

(3) Without restricting the generality of subsection (2), the duty set out in that subsection applies in respect of

R.S., c. P-21

Privacy Act

SOR/2006-33

97. The schedule to the Privacy Act is amended by striking out the following under the heading "Other Government Institutions":

Office of the Registrar of Lobbyists

Bureau du directeur des lobbyistes

98. The schedule to the Act is amended by adding the following in alphabetical order under the heading "Other Government Institutions":

Office of the Commissioner of Lobbying

Commissariat au lobbying

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Federal Accountability Act - Text of Bill C-2