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The public nature of lobbying: Registration
Henry is a lawyer in a city of 25,000 residents. He has done some research and he knows now that he has to register as a lobbyist because of the lobbying activities he takes on for his clients. Plenty of questions are running through his head: How does he register? What happens if he keeps lobbying without putting his name on the registry?

In this Infosheet, Éducaloi explains the obligations of lobbyists, including the obligation to join the registry of lobbyists, which is available on the Internet.
The law obliges lobbyists to register on a public list so that their activities can be known to the public.

The registry of lobbyists lets the public know who is trying to influence decision-makers in parliamentary, governmental or municipal institutions. It also allows people to learn about the lobbyists’ mandates, in other words, what the lobbyists have been asked to do for their clients.

To consult the registry, click here (French only).
When the consultant lobbyist registers, she files a declaration including:

  • her name and the name and address of her business;
  • the name and address of her client, as well as the name and address of the people who have an interest in the results of her lobbying activities;
  • the goal of her lobbying activities;
  • the time period covered by the lobbying activities;
  • details about the public office holder targeted by the lobbying activities;
  • type(s) of communication the lobbyist has used or plans to use;
  • the value of what the lobbyist receives in return for her work (fees, material compensation);
  • an admission that the lobbyist was a public office holder herself at any time in the two years before being hired (if that is the case);
  • if applicable, an admission that the activities of her client are paid for by the government, a municipality or one of their organizations (through subsidies, loans, loan guarantees, etc.).

The enterprise or organization lobbyist registers by presenting a declaration to the registrar. The declaration is made by the highest director of the business or organization. It contains the following information:

  • the name of the primary director of the business or organization for which the lobbyist engages in his activities, the name of the lobbyist, as well as the name and address of the business or organization;
  • the name of the subsidiaries of the enterprise that have an interest in the result of the lobbying activities;
  • the dates of the beginning and end of the fiscal year for the enterprise or organization;
  • a summary of the activities of the enterprise or organization and any information that could be useful in describing these activities;
  • as needed, an admission that the activities of the enterprise or organizaiton are financed by a government, municipality or one of their agencies (by subsidy, loan, loan guarantee, etc.), as well as the amounts involved;
  • the goal of the lobbying activities, as well as information useful in describing it;
  • the period covered by the lobbying activities engaged in;
  • the name of the parliamentary, governmental or municipal institution where the public office holder targeted by the communication works;
  • type(s) of communication the lobbyist has used or plans to use;
  • an admission that the lobbyist was a public office holder herself at any time in the two years before being hired (if that is the case).

If several lobbyists work for the same enterprise or organization, it is enough to submit one declaration, as long as the primary director identifies all of the lobbyists who work there.

For example, suppose a pharmaceutical company has a team of three people who work full-time to lobby the Minister of Health and Social Services and the Conseil du médicament. The primary director of the enterprise or organization files one declaration containing all the information for each of the three lobbyists.
Lobbyists or primary directors of enterprises or organizations who carry out lobbying activities have to add their information to the registry of lobbyists within the time limits set by the Act.

The consultant lobbyist must register herself within 30 days of beginning lobbying activities, at the latest. Registration of enterprise or organization lobbyists is done by the primary director of the enterprise or organization, whose declaration must be filed within 60 days of the beginning of the lobbying activities.

It is an offence to engage in lobbying activities within the meaning of the law without filing with the registry of lobbyists within the time limit. If a person is convicted, she may have to pay a fine of between $500 and $25,000. The fines are doubled in the case of repeat offences. The Lobbyists Commissioner can also impose disciplinary measures if the law is violated. The Lobbyists Commissioner is the person chosen by the National Assembly to keep an eye on lobbying activities. Consult the Infosheet entitled The rules governing lobbying activities to learn more about this subject.
Registration of lobbyists is done by filing a declaration with the registrar. Electronic registration is free, but it costs $150 if done on paper. The electronic option still requires payment of certain fees to cover the process of obtaining a digital signature.

To learn the details of the registration process, consult the website of the Lobbyists Registry (French only).
When registering, some lobbyists might worry about revealing confidential information.

The law allows the Lobbyists Commissioner to order that some or even all of the information related to registration be kept inaccessible to the public. This order is only given in cases where giving out information about an investment project could cause a serious financial or economic loss to the enterprise.

When this type of order is given, the commissioner tells the registrar that the information covered by the order must be kept confidential. The order is valid for a six-month period, but it is possible to request an extension.

For example, suppose Henry represents a client who has an investment project in the city of Quatrevents. The client wants to invest millions of dollars in constructing a mega agrifood centre. To complete the project, Henry’s client must obtain a change to the zoning and the development plan for the site where the centre is to be built. Knowing that in this industry, the competition is fierce, the client worries that his competitors will destroy his chances when they learn about the project through the registry of lobbyists. Henry makes a request to the Lobbyists Commissioner so that the information about the investment project can be declared confidential.
Any change in the content of a lobbyist’s declaration must be made by filing a notice of modification with the registry of lobbyists. This notice must be done, at the latest, by the 30th day following the change.

In addition, all lobbyists must renew their registration annually. For consultant lobbyists, the renewal must be done within 30 days after the anniversary date of the first registration. For enterprise or organization lobbyists, the renewal must be made 60 days after the end of the fiscal year of the enterprise or organization, at the latest.

The renewal is free if done via Internet – if done by mail or in person, there is a fee of $150.
The law has entrusted this job to the personal and moveable real rights registrar, who consequently acts as keeper of the registry of lobbyists. This administrator works for the Deparment of Justice (ministère de la Justice).

The registrar receives declarations and makes sure that all the required information is included. He can refuse a registration that is defective or incomplete.

The mandate of the Lobbyists Commissioner is described in the Infosheet entitled The rules governing lobbying activities.
Important
These questions and answers are for general informational purposes only. If you have a specific problem, consult a legal professionnal.
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