Applicant Declaration On Lobbying

Lobbyist Registration Requirements

Industry Canada's Policy on Lobbyists and Contingency Fees states that no part of a contribution will be paid towards the cost of lobbyist services, and that a contribution cannot be offered to an applicant that:

  1. for the purpose of its application for financial assistance, has retained a lobbyist that is not in compliance with the Lobbying Act; or;
  2. has retained a lobbyist for a commission, contingency fee or any other consideration dependant upon the execution of the Agreement.

Please complete the attached Applicant Declaration on Lobbying form and return to FedNor as part of your application for financial assistance.

Lobbying Act

The Lobbying Act dictates disclosure requirements to make more information about lobbyists and what they do available to Canadians. This Act also provides for the development of a code of conduct to assure the Canadian public that lobbying is done ethically, with the highest standards and with a view to conserving and enhancing public confidence and trust in the integrity, objectivity and impartiality of government decision-making.

Who Must Register?

The Act requires registration as a lobbyist when an individual:

  • paid (either as an employee, or as a consultant); and,
  • undertakes to communicate with a public office holder, orally or in writing, with respect to the awarding of any grant, contribution or other financial benefit by or on behalf of the Federal government, or;
  • participates in a meeting between a public office holder and any other person with respect to the awarding of any grant, contribution or other financial benefit by or on behalf of the Federal government.

NOTE: There is an exclusion to the above requirement if the communication or meeting is restricted to a request for information.

"Lobbying" consists of “any oral or written communication made to a public office holder by a paid individual on behalf of any person or organization” with respect to the awarding of a grant, contribution or any other financial benefit by or on behalf of the Federal government, except for communications which are restricted to a request for information.

"Public office holder" means anyone occupying a position in the federal government, such as FedNor/Industry Canada staff, Members of Parliament, Ministers and their staffs. Any person lobbying on behalf of an applicant is required to be registered pursuant to the Lobbying Act.

There are three categories of lobbyists:

  • Consultant lobbyists - individuals who, for pay, lobby for clients;
  • In-house lobbyists (corporate) - employees who, as a significant part of their duties*, lobby for an employer that carries out commercial activities for financial gain;
    * For a interpretation on “a significant part of duties,” see http://www.ocl-cal.gc.ca/eic/site/lobbyist-lobbyiste1.nsf/en/nx00111.html
  • In-house lobbyists (organizations) - refers to not-for-profit organizations in which one or more employees lobby, and the collective time devoted to lobbying amounts to the equivalent of a significant part of one employee's duties (see * above).

Some public officials are not required to register as lobbyists when they are acting in their official capacity (e.g. members of provincial legislature of a province or their staff, provincial or municipal governments or their staffs, band council members or their staff). However, third party consultants hired by the above public officials or their organizations for the purpose of lobbying, would be subject to registration requirements. For more information on exclusions for public office holders, please refer to: http://www.ocl-cal.gc.ca/eic/site/lobbyist-lobbyiste1.nsf/en/h_nx00278.html

In addition to registration, lobbyists are required to comply with the Lobbyist's Code of Conduct, available at: http://www.ocl-cal.gc.ca/eic/site/lobbyist-lobbyiste1.nsf/en/h_nx00316.html

How to Register?

The Office of the Commissioner of Lobbying of Canada is responsible for administering the Lobbying Act, including the registration of lobbyists. Lobbyists may register online at http://www.ocl-cal.gc.ca/eic/site/lobbyist-lobbyiste1.nsf/eng/Home free of charge. There is an approximate 24-hour turnaround for registration approval. A toll-free number (1-800-328-6189) is available to help lobbyists with first-time registrations. Lobbyists who do not have access to the Internet may request a form by fax or mail. Please note that there is a fee (ranging from $75 to $150) for registering by paper.

The Guide to Registration is available at: http://www.ocl-cal.gc.ca/eic/site/lobbyist-lobbyiste1.nsf/en/h_nx00278.html

You may also contact:

Office of the Commissioner of Lobbying of Canada
255 Albert Street
10th Floor
Ottawa ON K1A 0R5
Tel.: (613) 957-2760
Fax: (613) 957-3078
E-mail: QuestionsLobbying@ocl-cal.gc.ca

APPLICANT DECLARATION ON LOBBYING

1- What are the names of the employees who have been, or are expected to be, in communication with public office holders regarding this project?

Names: _________________________________________________________________________

Does the sum of all lobbying activities as defined by the Lobbying Act undertaken by your organization constitute more than 20% of the duties of one person, or would do so if performed by only one person?

Yes No

IF YES, the applicant is required to file an in-house lobbyist return within the time prescribed by s.7 (2) of the Lobbying Act. Please provide a printout from the Lobbyists Registration System.

2- Is (or has) the applicant or a third party acting on its behalf, retaining (or retained) a consultant lobbyist (as defined by the Lobbying Act) to communicate or arrange meetings with public office holders on its behalf for the purposes of its application for financial assistance under this program?

Yes No

IF YES, please provide the name of the consultant lobbyist you have retained, the date on which the consultant was retained and a printout from the Lobbyists Registration System.

Name: _____________________________________________________________________

Address: ___________________________________________________________________

Date: ______________________________________________________________________

3- Has the applicant made, or agreed to make, any payment to an individual that is contingent on the approval of its application for FedNor funding, or on the individual’s success in arranging meetings with public office holders, or will the company enter into any such agreement?

Yes No

IF YES, your application is not eligible for financial assistance. The Canadian Government contribution cannot be offered to an applicant that has retained a lobbyist for a commission, contingency fee or any other consideration dependent upon the execution of the agreement.

If you have answered “No” to all three questions above, please skip question 4 and sign form at bottom.

4- If the services of a lobbyist(s) are being used (or have been used) for the purpose of the application for financial assistance, is (are) the lobbyist(s) in compliance with the Lobbying Act?

Yes IF YES, please sign form at bottom.

No IF NO, your application cannot be considered eligible for financial assistance at this time. Industry Canada policy states that a contribution cannot be offered to an applicant that, for the purpose of its application for financial assistance, has retained a lobbyist that is not in compliance with the Lobbying Act.

For assistance in determining whether you or the third party lobbying on your behalf is required to register as a lobbyist, or to further discuss compliance matters, please contact the Office of the Commissioner of Lobbying of Canada by phone at 613-957-2760, by e-mail at questionslobbying@ocl-cal.gc.ca, or visit their website at www.ocl-cal.gc.ca.

Certification

The undersigned certifies:

  • that the undersigned has read and understands the information provided above; and
  • that the information provided herein is exact, true and complete.

Name: _____________________________________________________________________
(Officer with signing authority)

Signature: __________________________________________________________________

Applicant: __________________________________________________________________
(Name of organization or firm)

Project Title: _____________________

Project Number (if known): _____________________

Date: ______________________________________________________________

Please complete and return to the FedNor Officer in your area.