A Guide to the Lobbyists Registration Act - Lobbyists Registration Office Office of the Integrity Commissioner February 2014
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A Guide to the Lobbyists Registration Act Lobbyists Registration Office Office of the Integrity Commissioner February 2014
Table of Contents Introduction • The Lobbyists Registrar 1 • How to use this guide 1 • Other resources 1 • What is lobbying? 2 • What communication activities do not require registration? 2 Public office holders and public officials • Who is a public office holder? 3 • Restriction on application 3 Registration Requirements: Consultant Lobbyists • Who is a consultant lobbyist? 4 • What is an undertaking? 4 • When must I register? When must I renew? 4 • When must I report changes or new information? 5 • What information must consultant lobbyists disclose? 5 • Application of the Broader Public Sector Accountability Act, 2010 7 Registration Requirements: In-house Lobbyists (Persons & Partnerships) • Who is an in-house lobbyist (persons & partnerships)? 8 • When must I register? When must I re-register? 8 • When must I report changes or new information? 8 • What is meant by “significant part of duties?” 8 • What information must in-house lobbyists disclose? 9 Registration Requirements: In-house Lobbyists (Organization) • Who is an in-house lobbyist (organization)? 11 • Who is the senior officer? 11 • When must the senior officer register? When must the senior officer re-register? 11 • What is meant by “significant part of duties?” 11 • What must the senior officer disclose? 12 The How-to’s • How to create a profile 14 • How to create a registration 16 • How to renew a registration 16 • How to change or update content in registration 17 • How to terminate a registration 17 • How to change name of senior officer (applies only to in-house lobbyists for organizations) 17 • How to change my profile 18 • How to delete my profile 18 • How to change my password 18 • How to change my security questions 18 • How to search the Lobbyists Registry 19 Interpretation Bulletins & Advisory Opinions 20 Offence Provisions 21 Enforcement 21
INTRODUCTION The Lobbyists Registrar: The Ontario lobbyists registry is managed and administered by the Lobbyists Registrar. The Lobbyists Registration Act, 1998 (LRA) appoints the Integrity Commissioner as the Lobbyists Registrar; the Commissioner has the authority to delegate the day-to-day operation of the lobbyists system. The Lobbyists Registrar is responsible for: • Clarifying information on a registration form or other submitted documents. • Identifying omissions and inconsistencies and communicating with the lobbyist to ensure correction, or to request supplementary information. In accordance with the LRA, the requested information must be provided to the Registrar within 30 days. • Providing advice and information about the registration system to lobbyists, public office holders, the public and other groups, e.g. the media. • Submitting an annual report to the Legislative Assembly. • Ensuring public accessibility to the information contained in the lobbyists registry. • Removing a registration from the registry when the consultant lobbyist has failed to confirm that the registration is still valid. • Removing a registration from the registry when the consultant lobbyist or in- house commercial lobbyist has terminated the registered activities and not removed the registration from the registry. How to use this guide: This guide is designed to help lobbyists effectively register by explaining the terms and requirements under the LRA. General information and definitions that are common to all lobbyists are located at the beginning of this document. These are followed by specific information that applies to each of the three categories of lobbyists – consultant, in-house persons and partnerships and in-house organizations. Details about how to apply for a lobbyist ID and password to create a lobbyist’s account and instructions about how to register and search the lobbyists registry are located at the end of this document. The Guide to the Lobbyists Registration Act 1
Other Resources: This guide is one of many resources. Please visit the Lobbyists Registration Office’s website at http://lobbyist.oico.on.ca for: • Interpretation Bulletins; • Annual Reports; and • Links to other lobbyists registration jurisdictions within Canada, and the USA. What is lobbying? Lobbying occurs when a paid individual communicates with a public office holder in an attempt to influence: • the development of any legislative proposal by any member of the Legislative Assembly; • the introduction, passage, defeat or amendment of any bill or resolution; • the making or amendment of any regulation; • the development, amendment or termination of any policy or program; • any decision about privatization or outsourcing; • the awarding of any grant, contribution or other financial benefit by or on behalf of the Crown; • the awarding of any contract (consultant lobbyists only); • the arrangement of meetings between a public office holder and any other person (consultant lobbyists only). What communication activities do not require registration? Not all communications between public office holders and individuals, firms and organizations require registration. Registration is not required for: • Submissions to legislative committees that are a matter of public record; • Submissions made with respect to the enforcement, interpretation, or application of any act, policy, program, directive, or guideline; • Submissions made in direct response to written requests for advice or comment from a public office holder; and • Routine constituency communications Unlike the federal Office of the Commissioner of Lobbying of Canada, there are no provisions in the LRA that require reporting on every meeting or communication with a public office holder. The Guide to the Lobbyists Registration Act 2
PUBLIC OFFICE HOLDERS & PUBLIC OFFICIALS Who is a public office holder? • Cabinet Ministers, Members of Provincial Parliament and their staff; • virtually all public servants unless otherwise exempted by regulation; • officers, directors and employees of provincial government agencies, boards and commissions; • persons appointed to office by Order-in-Council; • a member of the Ontario Provincial Police; • an officer, director or employee of, o Hydro One Inc. and each of its subsidiaries, o Ontario Power Generation Inc. and each of its subsidiaries, o Ontario Power Authority, or o Independent Electricity System Operator A public office holder does not include the following public officials: • judges • justices of the peace • officers of the Legislative Assembly (e.g. Ombudsman, Information & Privacy Commissioner) Please see Interpretation Bulletins at http://lobbyist.oico.on.ca for more information about whether you are lobbying a public office holder. Restriction on application: The LRA excludes the following public officials from registering as lobbyists when they are acting in their official capacities: • Members of the Senate or House of Commons of Canada, the legislative assembly of another province, the council or legislative assembly of a territory, or persons on the staff of these members; • Government of Canada employees or employees of other provincial or territorial governments; • Members of a municipality as defined in the Municipal Act and members of a local board as defined in the Municipal Affairs Act, the staff of these members or officers or employees of a municipality or local board; • Members of the council of a band as defined in s.s. 2(1) of the Indian Act (Canada) or of the council of an Indian band established by an Act of the Parliament of Canada, the staff of these members or employees of the council; • Diplomatic agents, consular officers or official representatives in Canada of a foreign government. The Guide to the Lobbyists Registration Act 3
REGISTRATION REQUIREMENTS: CONSULTANT LOBBYISTS Who is a consultant lobbyist? • A consultant lobbyist is a person who is paid to lobby on behalf of a client. Within specified time limits, he/she must register when he/she begins lobbying for a client, when information previously submitted changes, and when the lobbying activity is terminated or completed. Consultant lobbyists typically include government relations staff, lawyers, accountants and other professionals who provide lobbying services to their clients. • The term “paid” includes money or anything of value, or a contract, promise or agreement to pay money or anything of value. • A client can be a person, partnership or organization on whose behalf a consultant lobbyist undertakes to lobby. What is an undertaking? • An undertaking is entered into when a consultant lobbyist acts on behalf of a client. The parameters of an undertaking are defined by the contract or agreement between the client and the lobbyist, not by the government activities that the lobbyist seeks to influence. An undertaking may be very broad and require lobbying on several activities, or it may be narrowly focused on only one activity. When must I register? When must I renew? • A consultant lobbyist must file a registration form with the Lobbyists Registrar within 10 days of beginning an undertaking to lobby on behalf of a client. That is, when a consultant lobbyist begins communicating with public office holders. • A consultant must complete a registration for each client represented. • Where the lobbying activities are ongoing, an annual renewal confirming the information on the registration must be made within two months after the first registration has expired, and each subsequent year from the date of filing the registration. Please see Interpretation Bulletins at http://lobbyist.oico.on.ca for more information about how to determine at which point in time a consultant lobbyist is required to register. When must I report changes or new information? • New information, changes to previously submitted information or reporting the completion of an undertaking must be provided to the Lobbyists Registrar no later than 30 days after the change occurs. • Changes and updates to registration information (excluding contact information) can be done by submitting a ‘notice of change’. The Guide to the Lobbyists Registration Act 4
• Contact information such as address or telephone number on a registration can be updated by submitting a ‘change profile’ application online. What information must consultant lobbyists disclose? • The following information must be disclosed for each undertaking: o the lobbyist’s name and business address and, if applicable, the name and business address of the firm where the consultant lobbyist engages in business; o the name and business address of the client and the name and business address of any person, partnership or organization that controls or directs the activities of the client or has a direct interest in the outcome of the lobbyist’s undertaking; o if the client is a corporation, the name and business address of each subsidiary of the corporation that has a direct interest in the outcome of the lobbyist’s undertaking; o if the client is a corporation that is a subsidiary of any other corporation, the name and business address of the parent corporation; o if the client is a coalition, the name and business address of each partnership, corporation or organization that is a member of the coalition; o the source and amount of any government funding (including provincial, federal and municipal funding, if applicable) received by the client; government funding means a sum of money received or expected to be received by the client in their fiscal year from any level of government; it does not include goods and services or the expectation of repayment, i.e. loans, guarantees etc. Please see Interpretation Bulletins at http://lobbyist.oico.on.ca for more information about how to calculate and input government funding in a registration. o the name of any non-government entity or organization which, in the fiscal year prior to the date of registering the undertaking, provided $750 or more to the consultant lobbyist’s client in support of the lobbying undertaking. This does not include individual membership fees but would include membership assessments intended specifically to support the lobbying undertaking; o the subject matter of the lobbying; o whether payment is contingent on the success of the lobbying; o specific information regarding the undertaking such as a relevant legislative proposal, bill, resolution, regulation, etc., as defined in the LRA: Legislative proposal - an idea or proposal that has not yet been drafted into new legislation or a proposed amendment or repeal of existing legislation. The Guide to the Lobbyists Registration Act 5
Bill or Resolution – a bill or resolution that is still working its way through the legislative process and has yet to be proclaimed. Regulation - based on legislation that has already been passed and serves as a means to make the legislation easier to follow and adhere to. Policy, Program or Decision - the development or amendment of any policy, program or decision, the implementation of acts/legislation that are already in force and have been proclaimed, and specific government initiatives. The awarding of a grant, contribution or other financial benefit. Privatization/Outsourcing Decision – a decision to privatize any interest in, or asset of, the Crown or a decision to have the private sector, instead of the Crown, provide goods and services to the public. Communications in an attempt to influence the awarding of a contract by, or on behalf of the Crown. o the name of any ministry, agency, board or commission that will be lobbied; o whether an MPP or staff member of an MPP is to be lobbied; Only those applicable subsections under ‘lobbying activities’ in the registration form are required to be filled in. However, at least one subsection requires an entry. The registration cannot be submitted if the ‘lobbying activities’ section is blank. o communication techniques used, including grass-roots lobbying. grass-roots lobbying is a communication technique that encourages individual members of the public or organizations to communicate directly with public office holders in an attempt to influence government decisions. This type of lobbying usually relies on media or advertising and results in mass letter writing and fax campaigns, telephone calls to public office holders, and public demonstrations. Please see Interpretation Bulletins at http://lobbyist.oico.on.ca for more information about grass-roots communications registration requirements. o confirmation that the consultant lobbyist has not been engaged by a client who meets the definition of a designated broader public sector organization and who is prohibited from engaging lobbyist services under the BPSAA. o if a consultant lobbyist provides lobbyist services to a client who is a designated broader public sector organization, an attestation is required from the head of the designated broader public sector organization confirming that the consultant lobbyist has not been paid, and will not be paid, for his/her lobbyist services with public funds or other revenues that are not permitted to be used for that purpose. The Guide to the Lobbyists Registration Act 6
Application of the Broader Public Sector Accountability Act, 2010 The Broader Public Sector Accountability Act, 2010 (BPSAA) came into effect on January 1, 2011 and prohibits designated broader public sector organizations from using public funds to hire consultant lobbyists. This restriction applies to public bodies, hydro entities, larger broader public sector organizations such as hospitals, school boards and universities and certain other publicly funded organizations that receive more than $10 million in government funding from the Ontario government. If a consultant lobbyist is hired by one of the following broader public sector organizations, the consultant lobbyist is required to submit an attestation to the Lobbyists Registrar signed by the head of the client organization (or each head of the client organizations if more than one) confirming that the lobbyist is not being paid with public funds. The blank attestation form can be found on the website at http://lobbyist.oico.on.ca under “forms”. • A hospital, or its subsidiary • A school board or its subsidiary • A university, college or post-secondary institution, the enrolments of which are counted for purposes of calculating annual operating grants, or its subsidiary • A Children’s Aid Society or its subsidiary • A Community Care Access Centre or its subsidiary • A publicly funded organization that received public funds of $10 million or more from the Government of Ontario in the previous fiscal year • Hydro One Inc. and each of its subsidiaries • Ontario Power Generation Inc. and each of its subsidiaries • Ontario Power Authority • Independent Electricity System Operator Please see Interpretation Bulletins at http://lobbyist.oico.on.ca for more information about whether the BPSAA affects your registration requirements. The Guide to the Lobbyists Registration Act 7
REGISTRATION REQUIREMENTS: IN-HOUSE LOBBYISTS (persons & partnerships) Who is an in-house lobbyist (persons & partnerships)? • An in-house lobbyist (persons & partnerships) is an employee who spends a significant part of his/her time lobbying on behalf of his/her employer. The following are specifically excluded from being in-house lobbyists: • Officers of the Assembly who are appointed on the address of the Assembly and individuals employed in the office of such officers. • Public servants as defined under the Public Service of Ontario Act, 2006. • Other classes of employees of Crown agencies as may be prescribed. When must I register? When must I re-register? • In-house lobbyists must register within two months of their lobbying activity constituting a significant part of their duties. • In-house lobbyists are required to re-register annually, within two months after the end of the employer’s financial year. If the employer does not have a financial year, the in-house lobbyists must re-register within two months of the calendar year-end. When must I report changes or new information? • In-house lobbyists have 30 days to report new information, changes to information or if they have ceased to lobby for their employer or ceased to be employed by that employer. • Changes and updates to registration information (excluding contact information) can be done by submitting a ‘notice of change’. • Contact information such as address or telephone number on a registration can be updated by submitting a ‘change profile’ application online. What is meant by “significant part of duties” in reference to in-house lobbyists? • Section 5(7) of the LRA defines the term in-house lobbyist, employed by persons and partnerships, as applying to lobbyists who lobby for an employer who carries out commercial activities. The Guide to the Lobbyists Registration Act 8
• The term significant part of duties is defined by the regulation to occur when the accumulation of lobbying activities over a three-month period reaches the threshold of 20% of an employee’s time. This definition applies to time actually spent lobbying and does not include preparatory work such as creating research papers, etc. o For example, assuming a five-day work week, then over a three-month period a lobbyist would have to lobby a minimum of four days per month to reach the 20% threshold. • If the in-house lobbyist knows he/she will meet the 20% threshold before the three months have elapsed, he/she should register these activities immediately and not wait for a three-month lapse. Please see Interpretation Bulletins at http://lobbyist.oico.on.ca to assist you in determining whether you are an in-house lobbyist and required to register. What information must in-house lobbyists disclose? • In-house lobbyists must disclose the following: o the in-house lobbyist’s name and business address and the employer’s name and business address; o the name and business address of each subsidiary of the corporation that has a direct interest in the outcome of the in-house lobbyist’s activities on behalf of the employer; o if the employer is a corporation that is a subsidiary of any other corporation, the name and business address of that other corporation; o the financial year of the employer, if applicable; o a summary description of the employer’s business or activities; o the source and amount of any government funding (including provincial, federal and municipal funding, if applicable) received by the employer; government funding means a sum of money received or expected to be received by the employer in their fiscal year from any level of government; it does not include goods and services or the expectation of repayment, i.e. loans, guarantees etc. Please see Interpretation Bulletins at http://lobbyist.oico.on.ca for more information about how to calculate and input government funding in a registration. o the name of any non-government entity or organization which, in the fiscal year prior to the date of filing a registration, provided $750 or more to the employer in support of the lobbying activity. This does not include individual The Guide to the Lobbyists Registration Act 9
membership fees but would include membership assessments intended specifically to support the lobbying initiative; o the subject matter of the lobbying at the time of the registration and where the lobbyist expects to lobby, either during the financial year of the employer or the calendar year (where the employer does not have a financial year); o specific information regarding the undertaking such as relevant legislative proposal, bill, resolution, regulation, etc., as defined in the LRA: Legislative proposal - an idea or proposal that has not yet been drafted into new legislation or a proposed amendment or repeal of existing legislation. Bill or Resolution – a bill or resolution that is still working its way through the legislative process and has yet to be proclaimed. Regulation - based on legislation that has already been passed and serves as a means to make the legislation easier to follow and adhere to. Policy, Program or Decision - the development or amendment of any policy, program or decision, the implementation of Acts/legislation that are already in force and have been proclaimed, specific government initiatives. The awarding of a grant, contribution or other financial benefit. Privatization/Outsourcing Decision – a decision to privatize any interest in, or asset of, the Crown or a decision to have the private sector, instead of the Crown, provide goods and services to the public. o the name of any ministry, agency, board or commission that will be lobbied; o whether an MPP or staff member of an MPP is to be lobbied; Only those applicable subsections under ‘lobbying activities’ in the registration form are required to be filled in, however, at least one subsection requires an entry. The registration cannot be submitted if the ‘lobbying activities’ section is blank. o communication techniques used, including grass-roots lobbying. grass-roots lobbying is a communication technique that encourages individual members of the public or organizations to communicate directly with public office holders in an attempt to influence government decisions. This type of lobbying usually relies on media or advertising and results in mass letter writing and fax campaigns, telephone calls to public office holders, and public demonstrations. Please see Interpretation Bulletins at http://lobbyist.oico.on.ca for more information about grass-roots communications registration requirements. The Guide to the Lobbyists Registration Act 10
REGISTRATION REQUIREMENTS: IN-HOUSE LOBBYISTS (organization) Who is an in-house lobbyist (organization)? • An in-house lobbyist (organization) is an employee or group of employees who collectively spend a significant part of their time lobbying on behalf of a not-for- profit organization. • The senior officer must file a registration for the organization and list the in-house lobbyist(s) within the registration. The following are specifically excluded from being in-house lobbyists: • Officers of the Assembly who are appointed on the address of the Assembly and individuals employed in the office of such officers. • Public servants as defined under the Public Service of Ontario Act. • Other classes of employees of Crown agencies as may be prescribed. Who is the senior officer? • The senior officer is the most senior officer of an organization who is paid for the performance of his or her duties. When must the senior officer register? When must the senior officer re-register? • The senior officer must file a registration when the organization employs an in- house lobbyist. The registration must be filed within two months of the lobbyist meeting the definition of in-house lobbyist as defined in the LRA. • The senior officer must re-register within 30 days after the expiration of each six- month period from the initial filing date. Please see Interpretation Bulletins at http://lobbyist.oico.on.ca for clarification about the “period for which the return is filed” and “the next following six-month period” as referred to in the LRA. What is meant by “significant part of duties” in reference to in-house lobbyists? • Section 6(5) of the LRA defines the term in-house lobbyist as an employee of an organization, applying to both individual employees and a collective of employees, who may be conducting lobbying activities for the organization. • The term significant part of duties is said by regulation to occur when the accumulation of lobbying activities over a three-month period reaches the threshold of 20% for either an individual employee’s time, or the combined times of more than one employee. This definition applies to time actually spent The Guide to the Lobbyists Registration Act 11
lobbying and does not include preparatory work such as creating research papers, etc. o For example, assuming a five-day work week, then over a three-month period a lobbyist (or group of employees) would have to be lobbying a minimum of four days per month to reach the 20% threshold. • If the in-house lobbyist knows he/she will be meeting the 20% threshold before three months have elapsed, he/she should register these activities immediately, not wait for a three-month lapse. Please see Interpretation Bulletins at http://lobbyist.oico.on.ca to assist you in determining whether you are an in-house lobbyist and required to register. What must the senior officer disclose? • The senior officer must disclose the following information: o the senior officer’s name and business address and the organization’s name and business address; o a summary description of the organization’s businesses or activities; o a description of the organization’s membership (but not personal names of members) and the names of officers or directors of the organization; o the source and amount of any government funding (including provincial, federal and municipal funding, if applicable) received by the organization; government funding means a sum of money received or expected to be received by the organization in its fiscal year from any level of government; it does not include goods and services or the expectation of repayment, i.e. loans, guarantees etc. Please see Interpretation Bulletins at http://lobbyist.oico.on.ca for more information about how to calculate and input government funding in a registration. o the name of any non-government entity or organization which, in the fiscal year prior to the date of filing a registration, provided $750 or more to the organization in support of the lobbying activity. This does not include individual membership fees but would include membership assessments intended specifically to support the lobbying initiative; o the name of each in-house lobbyist employed by the organization; o the subject matter of the lobbying during the period of the registration and for the following six-month period; o specific information regarding the undertaking such as relevant legislative proposal, bill, resolution, regulation, etc., as defined in the Act; The Guide to the Lobbyists Registration Act 12
Legislative proposal - an idea or proposal that has not yet been drafted into new legislation or a proposed amendment or repeal of existing legislation. Bill or Resolution – a bill or resolution that is still working its way through the legislative process and has yet to be proclaimed. Regulation - based on legislation that has already been passed and serves as a means to make the legislation easier to follow and adhere to. Policy, Program or Decision - the development or amendment of any policy, program or decision, the implementation of Acts/legislation that are already in force and have been proclaimed, and specific government initiatives. The awarding of a grant, contribution or other financial benefit. Privatization/Outsourcing Decision – a decision to privatize any interest in, or asset of, the Crown or a decision to have the private sector, instead of the Crown, provide goods and services to the public. o the name of any ministry, agency, board or commission that will be lobbied; o whether an MPP or staff member of an MPP was or is to be lobbied; Only those applicable subsections under “lobbying activities” on the registration form are required to be filled in, however, at least one subsection requires an entry. The registration cannot be submitted if the ‘lobbying activities’ section is blank. o the name of any in-house lobbyist who has been identified in the last registration filed and has ceased to be an in-house lobbyist or to be employed by the organization; o communication techniques used, including grass-roots lobbying. grass-roots lobbying is a communication technique that encourages individual members of the public or organizations to communicate directly with public office holders in an attempt to influence government decisions. This type of lobbying usually relies on media or advertising and results in mass letter writing and fax campaigns, telephone calls to public office holders, and public demonstrations. Please see Interpretation Bulletins at http://lobbyist.oico.on.ca for more information about grass-roots communications registration requirements. The Guide to the Lobbyists Registration Act 13
THE HOW-TOS How to create a profile In Ontario a lobbyist can register online free of charge. Registering as a lobbyist is a four-step process: (1) Initial Application Form The initial application form is submitted online. The contact information provided in the application form is necessary to establish a profile in our database. [Note that the email address listed in your initial application form will be your Lobbyist email when you login.] The initial application form is available by clicking Getting Started from the Lobbyist Login page and then clicking Complete the Initial Application Form. After completing this form, download the User Agreement. (2) User Agreement The user agreement must be signed by the lobbyist or senior officer who will be registered. This agreement explains a lobbyist’s/senior officer’s rights and responsibilities in terms of the information collected and published on our website. A cover letter (on official/corporate letterhead) is required with a formal request for online registration. The cover letter can be signed by the lobbyist/senior officer who will be registered or by the lobbyist’s/senior officer’s delegate and should include contact information (e.g., name, telephone and email address). Once you have completed and signed the user agreement and cover letter, you can scan and upload the documents to us before submitting your initial application. Alternatively, you can fax the user agreement and cover letter to our Office at 416-327- 4017 (Fax) or scan and email the documents to lobbyist.mail@oico.on.ca. (3) Password and Security Questions Once your initial application has been approved, we will send you a confirmation email containing an activation code and a link to the Lobbyist Login page so that you can create your password. When you are on the Lobbyist Login page, click Activate Online. You will be prompted to enter your Lobbyist email (this is the same email address that you entered on the initial application form) and Activation Code and click Submit. You will then be asked to create your password. Your password must be 8 characters or longer. After you have created your password, you will then be required to select three security questions and provide their responses. You will be asked one of these questions every time you login with your password. These questions and their corresponding answers are used to enhance security when logging into the Lobbyists Registration System. The Guide to the Lobbyists Registration Act 14
These questions may also be used by our Office to verify your identity when information is to be provided over the telephone. (4) Create your registration. Once you are logged in, go to Create a registration from the Menu page to get started on your registration form. Primary Contacts: The initial application refers to Primary Contact Information. If another person will be managing the registration(s) on a lobbyist’s behalf, the lobbyist can authorize that person as their primary contact by listing the person’s name and contact information on the application form. The lobbyist will need to determine the Delegation Type: Primary contact for correspondence only - cannot manage registrations - the primary contact will use the lobbyist’s email address and password, receive the registration renewal notices or any other written correspondence and be the first point of contact if there are any questions about a registration. Designated primary contact can manage registrations - the designated primary contact will have the ability to create his/her own password. The designated primary contact can access and manage registrations for multiple lobbyists without having to close and reopen the browser for each lobbyist. The designated primary contact can also use the Copy Registration feature to create a new registration for another lobbyist from a copy of an existing registration. How to copy a registration This feature is only available to designated primary contacts. Once logged in, you will be on the Menu page. Select Create a registration which will take you to the Lobbyist List page. Select the Lobbyist for whom you wish to create a registration. If the Lobbyist’s name does not appear in this list, you will need to create a profile by going through the four-step application process (see How to create a profile section). If have already created a profile for the Lobbyist and their name does not appear in your list, please contact our Office for assistance. Select Click Here to copy an existing registration for another lobbyist which will take you to the Registration List page. Select the registration you wish to copy. Preview the contents of the registration and then Submit. The Guide to the Lobbyists Registration Act 15
How to create a registration Logging in: Go to the website and click on Lobbyist Login. You will be prompted to enter your email address and password. Once logged in, you will be on the Menu page. Select Create a registration. The contact information, which was completed in the initial application process, will already be entered in the registration form. To navigate through your registration, click Next to save your information and proceed to the next page. If you are not ready to submit your registration, click the Save As Draft button to return to the home page. You will be able to access your draft registrations at any time, simply login and select View my drafts from the Menu page. To access an existing registration(s) that has already been approved – login and select View and/or change an existing registration (not a renewal). How to renew a registration Annual/Semi-Annual Renewals (Re-registering): The LRA requires that all consultant lobbyists and in-house lobbyists for persons and partnerships renew their registrations on an annual basis and in-house lobbyists for organizations renew their registrations on a semi-annual basis. A lobbyist will receive an email when their registration is due for renewal. Select Renew a registration from the Menu page to renew the contents of your registration (excluding contact information). Review the contents of the registration and make any necessary changes before submitting. An email confirmation will be sent to you indicating that the registration renewal has been approved. Due Dates: A lobbyist cannot submit their renewal if it is not technically ‘due’ yet. The due date depends on the type of lobbyist. The option to submit the annual renewal of a registration is not available to consultant lobbyists until the anniversary date of the initial registration. The consultant lobbyist then has 60 days from that due date to renew the registration. In-house lobbyists for persons and partnerships do not have the option to submit an annual renewal until the beginning of the financial year of the employer or if the employer does not have a financial year, the beginning of the calendar year. The in- house lobbyist for persons and partnerships then has 60 days from that due date to renew the registration. The Guide to the Lobbyists Registration Act 16
In the case of in-house lobbyists for organizations, the option to submit a renewal is only available every six months from the anniversary date of the initial registration. The in- house lobbyist for organizations then has 30 days from the due date to renew the registration. Corrections to registrations once submitted to the Lobbyists Registrar: Once your registration renewal has been submitted, you may no longer edit the registration until it has been approved by the Lobbyists Registrar. Prior to approval, the form is available to you in a view or read only mode indicated by the status of Pending. If you wish to amend your registration renewal before it is approved and subsequently posted to the public registry, you must contact the Inquiries Officer – Lobbying immediately. The Inquiries Officer may then reset your registration to draft mode which will enable you to make changes. If an error is identified after the registration renewal has been approved, a Change a Registration may be submitted with the corrections. How to change or update content in registration The LRA requires that all consultant lobbyists and in-house lobbyists for persons and partnerships provide the Registrar with any changes to the information contained in the registration within 30 days after the change occurs or after the lobbyist becomes aware of the change. To make a change, select View and/or change an existing registration (not a renewal) from the Menu page to update the information listed in your registration (excluding contact information). Changes and updates to registration information can be done at any time throughout the year before or after the anniversary of the registration’s renewal date. It is important to note, however, that submitting a Change is not an Annual or Semi-Annual Renewal. An email confirmation will be sent to you indicating that the change to your registration(s) has been approved. How to terminate a registration Once a lobbyist has completed their lobbying undertaking on behalf of a client (consultant lobbyist) or ceased lobbying for an employer or no longer work for that employer (in-house lobbyists), you have 30 days to terminate a registration, reporting this information to the Registrar. Select Terminate a registration from the Menu page to terminate the registration and move it to the Inactive Registry. An email confirmation will be sent to you indicating that the request to terminate a registration has been approved. The Guide to the Lobbyists Registration Act 17
How to change name of senior officer (applies only to in- house lobbyists for organizations) If the senior officer of your organization changes or no longer works for your organization, you do not have to terminate the registration, you can simply update the senior officer’s name. To update the name of the senior officer of your organization, select Change Name of Senior Officer from the Menu page. Update the information on the online form and select Submit. An email confirmation will be sent to you indicating that the registration(s) and your profile have been updated. How to change my profile To update contact information or primary contact information, select Make changes to my profile from the Menu page. Update the information on the online form and select Submit. An email confirmation will be sent to you indicating that the registration(s) and your profile have been updated. How to delete my profile If you are leaving your firm/company or you are no longer lobbying the Ontario government, you are required to close your profile. Select Delete my profile from the Menu page to close your profile. By closing your profile, all associated active registrations will be terminated. The registrations are still available to the public in the Inactive Registry. If you are a senior officer who is leaving your organization, you do not need to delete your profile. Use the Change Senior Officer function on the Menu page. How to change my password Your password can be changed at any time. Once logged in to the Lobbyists Registration System, select Change Password under the Security section. You will be prompted to enter the old password, enter a new password and re-enter the new password. How to change my security questions Your security questions can be changed at any time. Once logged in to the Lobbyists Registration System, select Change Security Questions under the Security section. Choose three questions and provide your answers. The Guide to the Lobbyists Registration Act 18
How to search the Lobbyists Registry The Lobbyists Registry search function allows users to search for any information found in the content of a lobbyist’s active or inactive registration form, including key word searches, by lobbyist name, employer name, client name (consultant lobbyists only), subject matter, ministry/agency or by the date on which the registration was filed. The Active Registry includes those registrations that reflect current lobbying activities. The Inactive Registry includes those registrations that have been terminated due to cessation of lobbying activities, or non-compliance under the Lobbyists Registration Act, 1998. If you have any questions or require assistance with using the search function of the Lobbyists Registry, please contact our Office at 416-327-4053 or lobbyist.mail@oico.on.ca. The Guide to the Lobbyists Registration Act 19
INTERPRETATION BULLETINS & ADVISORY OPINIONS Interpretation Bulletins and Advisory Opinions are provided pursuant to section 15 of the LRA and are intended solely to provide information. They are not intended to be a substitute for the advice of counsel. Neither is to be considered a binding statement of how the legislation will be interpreted or applied in a particular circumstance. Final interpretation of the law is the responsibility of the courts. Interpretation Bulletins The Lobbyists Registrar issues Interpretation Bulletins which provide an interpretation of a specific section of the LRA and which also provide a rationale for the interpretation as it applies to all or a large segment of lobbyists. Advisory Opinions An Advisory Opinion offers guidance to an individual, group of individuals, or a particular group or organization on how the LRA or a section of the LRA applies to them. An Advisory Opinion is fact and party specific. The Registrar may receive a direct request for the preparation of an Advisory Opinion or may on her own decide that it is appropriate to provide a written opinion with regard to a particular circumstance that is not otherwise provided for in an Interpretation Bulletin. An Advisory Opinion is provided only to the intended party and not made public. The Guide to the Lobbyists Registration Act 20
OFFENCE PROVISIONS A lobbyist or senior officer of an organization may commit an offence and may be subject to a fine of up to $25,000 if convicted of the offence, when: Conducting lobbying activities as defined in the LRA and failing to register within the prescribed time frames; Failing to provide required information as set out in the LRA; Failing to provide the Lobbyists Registrar with changes to a registration, new information or clarification of information requested by the Lobbyists Registrar Making false or misleading statements Knowingly placing a public office holder in a position of real or potential conflict of interest ENFORCEMENT The Lobbyists Registrar does not have investigation or enforcement powers. If a lobbyist is not registered and a complaint is received, the Registrar has established a practice to contact the alleged lobbyist to inform him/her of the requirements under the LRA. This is done to promote compliance and encourage registration if the definition of lobbying has been met. If it is believed that the LRA has been contravened, the Lobbyists Registrar could report the incident to the Ontario Provincial Police (OPP) for investigation. The Guide to the Lobbyists Registration Act 21
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