T-11.011 - Lobbying Transparency and Ethics Act

Section 5 Disposition versions

2002-06-13

5. This Act does not apply in respect of

(1)  any submission made in or prior to judicial or adjudicative proceedings ;

(2)  any submission made to a parliamentary committee of the National Assembly or at a public meeting of a municipal council or municipal body ;

(3)  any submission made in public proceedings, or in proceedings that are a matter of public record, to any person or body having jurisdiction or powers conferred by an Act, an order in council or a ministerial order ;

(4)  any submission made by a person other than a consultant lobbyist concerning the granting of a form of benefit referred to in subparagraph 2 or 3 of the first paragraph of section 2, where the public office holder having the power to make the decision is only authorized in this regard to ascertain whether the legal requirements for the granting of such benefit are satisfied ;

(5)  any submission made outside a process for the granting of a benefit referred to in subparagraph 2 or 3 of the first paragraph of section 2 and for the sole purpose of informing a public office holder of the existence and characteristics of a product or service ;

(6)  any submission made in the negotiation, subsequent to the awarding of a contract, of conditions for the performance of the contract ;

(7)  any submission made in the negotiation of an individual or collective labour contract or in the negotiation of a collective agreement for the provision of professional services, in particular an agreement under the Health Insurance Act (chapter A-29) ;

(8)  any submission made by a person other than a consultant lobbyist on behalf of a professional order or the Conseil interprofessionnel du Québec to the Minister responsible for the administration of legislation respecting the professions or a member or employee of the Office des professions concerning the development, introduction, amendment or defeat of proposals regarding the Professional Code (chapter C-26), the Act or letters patent constituting a professional order or the regulations under those Acts ;

(9)  any submission made by public office holders when acting in their official capacity ;

(10)  any submission made in response to a written request from a public office holder, including any submission made in response to a call for public tenders issued under the public office holder’s authority ; or

(11)  any submission the disclosure of which could reasonably be expected to threaten the safety of a lobbyist or a lobbyist’s client, a public office holder or any other person.

2002, c. 23, s. 5.