T-11.011, r. 3 - Lobbyists Registry Regulation

À jour au 1^er septembre 2012

Ce document a valeur officielle.

chapter T-11.011, r. 3

Lobbyists Registry Regulation

Lobbying Transparency and Ethics Act

(chapter T-11.011, s. 66, pars. 3, 5, 6 and 7).

CHAPTER I LOBBYISTS REGISTRY

1. The lobbyists registry shall be computerized.

O.C. 1299-2002, s. 1.

2. The initial and renewal returns and the notices of change filed in the lobbyists registry shall be numbered by the Lobbyists Registrar, as well as the decisions rendered by the Lobbyists Commissioner to whom a copy is transmitted.

Each document must bear a sequential number indicating the medium of the document and the last 2 digits of the calendar year in which the document is filed.

O.C. 1299-2002, s. 2.

3. On receiving any document, the Registrar shall indicate the exact date, hour and minute the document was submitted.

If a document arrives at the Registrar’s office outside the filing hours determined by the Registrar, that document shall be deemed received at the time the activity resumes.

O.C. 1299-2002, s. 3.

4. The registry shall be constituted of all the returns filed, as modified by the other documents filed in the registry under the Act.

The background of each return filed in the registry may be traced using a synoptic file listing all the documents filed with the return.

O.C. 1299-2002, s. 4.

5. The Registrar must create an electronic copy of the registry and keep it in a safe place other than the Registrar’s office.

O.C. 1299-2002, s. 5.

CHAPTER II RETURNS AND NOTICES

DIVISION I MEDIA AND MODES OF TRANSMISSION

6. The returns and notices of change filed in the lobbyists registry may be paper documents or electronic documents.

Those returns and notices must be submitted on the appropriate form produced by the Registrar or made available on the Internet site set up by the Registrar for that purpose.

O.C. 1299-2002, s. 6.

7. The form must include texts and key-words as well as the headings and blanks to be filled in according to the instructions for the type of notice to be submitted. The various parts of the form may be arranged differently depending on whether it is produced on paper by the Registrar or made available on the Internet site set up for that purpose.

O.C. 1299-2002, s. 7.

8. The returns and notices of change submitted on paper must be 216 mm wide by 355 mm long, weighing at least 75 g/m2 per ream, and printed on one side only.

O.C. 1299-2002, s. 8.

9. The returns and notices of change submitted on paper must be typed or printed; good quality ink must be used and the lettering must be clear, sharp and legible, without deletions or alterations. They must bear the original signature of the person submitting the return or notice.

Those returns and notices may be submitted to the Registrar’s office in person or by mail.

O.C. 1299-2002, s. 9.

10. The electronic returns and notices of change must include the data that make up the form to be used and the instructions, and allow the display of the pages on screen. The data must be appended electronically or by reference.

O.C. 1299-2002, s. 10.

11. The electronic returns and notices of change must be signed, using a digital signature process, by the person submitting the return or notice whose signature key pair is issued by a certification service provider recognized by the Conseil du trésor.

The person submitting the return or notice must transmit the document electronically to the Registrar’s office. The person’s digital certificate must be appended to the transmitted data.

O.C. 1299-2002, s. 11.

12. Data transmitted electronically to the Registrar’s office shall be considered received by the Registrar only if transmitted in full and if the Registrar succeeds in accessing and reading the data.

Where those conditions are met, the Registrar shall immediately transmit electronically an acknowledgement of receipt to the person having submitted the return or notice.

O.C. 1299-2002, s. 12.

13. On receiving an electronic return or notice of change, the Registrar must ensure that the digital certificate and the digital signature of the person having submitted the return or notice are valid and the data transmitted is complete.

O.C. 1299-2002, s. 13.

DIVISION II CONTENTS

14. The initial returns shall contain the information referred to in section 9 or 10 of the Lobbying Transparency and Ethics Act (chapter T-11.011) according to the lobbying activities involved. This also applies to registration renewal returns.

O.C. 1299-2002, s. 14.

15. The notices of change must bear, in addition to the return registration number, the identification of the person submitting the notice, the subject of the change and, as the case may be, the identification of the client, the enterprise lobbyist or the organization lobbyist referred to in the change.

The subject of the change must be brought to the attention of the Registrar by changing the information in the appropriate headings and blanks.

O.C. 1299-2002, s. 15.

16. (Revoked).

O.C. 1299-2002, s. 16; O.C. 689-2007, s. 1.

17. Where the information contained in a return is subject to a confidentiality order issued by the Lobbyists Commissioner, that fact shall be mentioned in the form filed in the lobbyists registry.

O.C. 1299-2002, s. 17.

18. The person submitting a return or notice of change shall include, in addition to the attestation that the information contained is true,

(1)  for a consultant lobbyist, a statement that the lobbyist’s registration has not been struck off or is not prohibited; or

(2)  for an enterprise lobbyist or an organization lobbyist, a statement that registration of the persons carrying out lobbying activities on behalf of the enterprise or group has not been struck off or prohibited.

O.C. 1299-2002, s. 18.

19. The filing of a notice of change does not remove the obligation to file a renewal of registration for a lobbyist, where applicable.

O.C. 1299-2002, s. 19.

CHAPTER III DECISIONS OF THE LOBBYISTS COMMISSIONER

20. Any copy of a decision by the Lobbyists Commissioner transmitted to the Registrar must contain the information identifying the lobbyist referred to in the decision and indicate, where applicable, the registration number of the initial return or the renewal return for that lobbyist.

The copy may be submitted to the Registrar’s office, in person or by mail. It may also be filed electronically in a signed transmission scrambled with key pairs issued by a certification service provider recognized by the Conseil du trésor.

O.C. 1299-2002, s. 20.

CHAPTER IV REGISTRATION IN THE REGISTRY

21. Taking into account the medium used to submit the documents and the order in which they are submitted, the Registrar shall enter in the lobbyists registry the registrations prescribed by the Act or this Regulation.

O.C. 1299-2002, s. 21.

22. Any registration in the registry must indicate the date, hour and minute the document generating the registration was filed.

O.C. 1299-2002, s. 22.

23. The registration of a return must include the information provided in the form.

The registration of a notice of change must update the contents of the initial or renewal return referred to in the notice.

O.C. 1299-2002, s. 23.

24. Where the Registrar uncovers a clerical error in the registry, the Registrar shall correct it; in the case of an omitted registration, the Registrar shall proceed with the registration.

The Registrar shall indicate the date, hour and minute of the correction or registration.

O.C. 1299-2002, s. 24.

CHAPTER V CONSULTATION OF THE REGISTRY

25. The lobbyists registry may be consulted by accessing the Internet site set up for that purpose by the Registrar.

O.C. 1299-2002, s. 25.

26. Researches in the registry may be effected using

(1)   the name of a lobbyist, enterprise or group, the name of a parliamentary, government or municipal institution or the name of a client of a consultant lobbyist;

(2)  a field related to lobbying activities;

(3)  a registration number; or

(4)  any other data determined by the Registrar.

O.C. 1299-2002, s. 26.

27. The Registrar must issue to any person requesting it a statement of registration or a record of the registrations under the name of a lobbyist. A statement or record issued by the Registrar is certified by the Registrar.

The Registrar must also issue to any person requesting it a copy or extract of the returns and notices of change filed in the registry, unless they are subject to a confidentiality order issued by the Lobbyists Commissioner.

O.C. 1299-2002, s. 27.

28. Except for the purposes referred to in this Regulation, the Registrar may not use the registry or any other document for purposes other than ensuring, in accordance with the Lobbying Transparency and Ethics Act (chapter T-11.011), that the information registered or mentioned in the registry is public. The Registrar may not use the registry or any other document to supply lists to any person, in particular, lists of the lobbyists registered in the registry or their clients.

The restrictions referred to in the first paragraph shall not apply if the information is requested by the Lobbyists Commissioner.

O.C. 1299-2002, s. 28.

CHAPTER VI FINAL

29. (Omitted).

O.C. 1299-2002, s. 29.

REFERENCES

O.C. 1299-2002, 2002 G.O. 2, 5845

O.C. 689-2007, 2007 G.O. 2, 2495