Canada — Quebec Act or statute

Canada — Quebec legislation

Lobbying Transparency and Ethics Act, 2002

Source excerpt

benefitsbudgetingcertificationclaims for compensationclient communicationscode of conductcommencement datecompensation arrangementscompliancecompliance reportingconfidential informationconfidentialityconsultant lobbyingcontractscorporate controlcourt evidencedefinitionsdisclosuredocument productiondocument reproductionenterprise lobbyist registrationfilingfinancial yearfinesgovernment relationsgrantsgrants and benefitsinformation confidentialityinspection complianceinvestigationsinvestment projectsjoint liabilitylegal compliancelobbyinglobbying compliancelobbying dispute procedurelobbying registrylobbyist compliancelobbyist registrationlobbyist registrymunicipal applicabilityobstruction of regulatory functionsoffencesorganization lobbyist registrationpermits and authorizationspopulation thresholdpost-employment restrictionspublic disclosurepublic officepublic office designationpublic officialspublic procurementpublic registerpublic service appointmentsrecord examinationrecord retentionregistrationregistration complianceregistration renewalregistryregistry correctionsregistry filingsregistry registrationregulationsregulatory exceptionsregulatory noticesrelated partiesreport submissionreturn filingreturnssalary and allowancesscope exemptionstatutory interpretationsubsidiary statustransparency

Jurisdiction: Canada — Quebec
Structure: 81 provisions
Official identity: Year 2002
Dates: Enacted 2002 · Source version 10 Jun 2026

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Dates: Enacted 2002 · Source version 10 Jun 2026

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Purpose and legislative effect

“1. While recognizing that lobbying is a legitimate means of access to parliamentary, government and municipal institutions and that it is in the interest of the public that it be able to know who is attempting to influence such”

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Enacted 2002 · Source version 10 Jun 2026. The date shown identifies this source expression and should not be treated as proof that no later change exists.
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Section 1

Section 21

If a return or notice is incomplete, erroneous, or not in the required form, the Commissioner may require corrections within 20 days. If the corrections are not made on time, the Commissioner may refuse the return or notice or remove it from the registry.

Section 21

Section 40

The Commissioner and specially authorized persons have inquiry powers and immunity, except the power to order imprisonment.

Section 40

Section 60

Any person who contravenes Division I of Chapter II or sections 28 to 32 commits an offence and is liable to a fine of $500 to $25,000.

Section 60

Schedule

Chapter 23 of the statutes of 2002 is repealed, except sections 76 and 77.

Schedule

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Source record from www.legisquebec.gouv.qc.ca · Enacted 2002 · Source version 10 Jun 2026

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Showing 81 of 81 provisions

Provision 60Offence 8Amendment 6Repeal 5

§ 1Section 1Provision

Source excerpt

1. While recognizing that lobbying is a legitimate means of access to parliamentary, government and municipal institutions and that it is in the interest of the public that it be able to know who is attempting to influence such institutions, this Act is designed to foster transparency in the lobbying of public office holders and to ensure that lobbying activities are properly conducted, in particular through its objective of having a simple and efficient registry. 2002, c. 23, s. 1; 2019, c. 13, s. 1.

Section 1Verify source

§ 2Section 2Amendment

Source excerpt

This section says certain oral or written attempts to influence a public office holder count as lobbying, and arranging a meeting between a lobbyist and a public office holder is also lobbying activity.

2. Any oral or written communication with a public office holder in an attempt to influence or that may reasonably be considered by the initiator of the communication as capable of influencing a decision concerning (1) the development, introduction, amendment or defeat of any legislative or regulatory proposal, resolution, policy, program or action plan, (2) the issue of any permit, licence, certificate or other authorization, (3) the awarding of any contract, otherwise than by way of a call for public tenders, or of any grant or other financial benefit or the granting of any other form of benefit determined by government regulation, or (4) the appointment of any public office holder within the meaning of the Act respecting the Ministère du Conseil exécutif (chapter M-30) or the appointment of any deputy minister or other holder of a position referred to in section 55 of the Public Service Act (chapter F-3.1.1) or any holder of a position referred to in section 57 of that Act, constitutes lobbying or a lobbying activity within the meaning of this Act. The arranging by a lobbyist of a meeting between a public office holder and any other person is considered to be a lobbying activity. 2002, c. 23, s. 2.

Section 2Verify source

§ 3Section 3Provision

Source excerpt

This section says consultant lobbyists, enterprise lobbyists, and organization lobbyists are treated as lobbyists under the Act, and it defines each of those terms.

3. Consultant lobbyists, enterprise lobbyists and organization lobbyists are considered to be lobbyists for the purposes of this Act. In this Act, “consultant lobbyist” means any person, whether or not a salaried employee, whose occupation or mandate consists, in whole or in part, in lobbying on behalf of another person in return for compensation; “enterprise lobbyist” means any person a significant part of whose job or function within a profit-seeking enterprise consists in lobbying on behalf of the enterprise; and “organization lobbyist” means any person a significant part of whose job or function consists in lobbying on behalf of an association or other non-profit group. 2002, c. 23, s. 3.

Section 3Verify source

§ 4Section 4Provision

Source excerpt

This section says who counts as a public office holder under the Act.

4. The following persons are considered to be public office holders for the purposes of this Act: (1) government ministers and members of the National Assembly, as well as persons on their staff; (2) government employees; (3) persons appointed to a government agency within the meaning of the Auditor General Act (chapter V-5.01), as well as employees of any such agency; (4) persons appointed to a non-profit agency established for the purpose of managing and providing financial support for activities of a public nature out of funds originating principally from the Government, without itself delivering products or services to the public, as well as employees of any such agency; and (5) mayors, municipal or borough councillors, wardens, chairs and other members of the council of a metropolitan community, as well as persons on their staff and employees of municipalities and municipal bodies referred to in section 18 or 19 of the Act respecting the Pension Plan of Elected Municipal Officers (chapter R-9.3). 2002, c. 23, s. 4; 2013, c. 16, s. 127.

Section 4Verify source

§ 5Section 5Amendment

Source excerpt

This section says the Act does not apply to specific kinds of submissions, including those made in judicial or adjudicative proceedings, certain public or parliamentary settings, some contract and labour negotiations, responses to public office holders, and submissions where disclosure could threaten safety.

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.

Section 5Verify source

§ 6Section 6Provision

Source excerpt

A communication made solely to ask about the nature or scope of a client’s, enterprise’s, or group’s legal rights or obligations is not lobbying activity and is excluded from this Act.

6. Any communication for the sole purpose of inquiring as to the nature or scope of the legal rights or obligations of a client, an enterprise or a group does not constitute a lobbying activity and, as such, is excluded from the application of this Act. 2002, c. 23, s. 6.

Section 6Verify source

§ 7Section 7Provision

Source excerpt

This Act does not apply to certain officials when they are acting in their official capacity.

7. This Act does not apply to any of the following persons when acting in their official capacity: (1) 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 such members; (2) employees of the Government of Canada or of the government of another province or of a territory; (3) members of the council of a band as defined in section 2 of the Indian Act (Revised Statutes of Canada, 1985, chapter I-5) or of the council of an Indian band established by an Act of the Parliament of Canada, or persons on the staff of such members or employees of such a council; (4) diplomatic agents, consular officers or official representatives in Canada of a foreign government; (5) employees of a specialized agency of the United Nations in Canada or employees of any other international governmental organization to whom privileges and immunities are granted by law; (6) official representatives in Québec of the government of a province, state or any similar division of a foreign country. 2002, c. 23, s. 7.

Section 7Verify source

§ 8Section 8Provision

Source excerpt

People treated as lobbyists under this Act must be registered in the registry of lobbyists.

8. Every person considered a lobbyist for the purposes of this Act must be registered in the registry of lobbyists in accordance with the rules of this division. Registration is effected by the lobbyists themselves in the case of consultant lobbyists and by the senior officer of the enterprise or group on whose behalf a lobbyist is acting in the case of enterprise lobbyists or organization lobbyists. 2002, c. 23, s. 8.

Section 8Verify source

§ 9Section 9Provision

Source excerpt

A consultant lobbyist becomes registered when a return is filed with specified information.

9. A consultant lobbyist is registered on the filing of a return setting out the following information: (1) the name and the business name and address of the consultant lobbyist; (2) the name and address of the client and the name and address of any person, partnership or association that, to the knowledge of the consultant lobbyist, controls or directs the activities of the client and has a direct interest in the outcome of the consultant lobbyist’s activities on behalf of the client; (3) if the client is a legal person, the name and address of each subsidiary that, to the knowledge of the consultant lobbyist, has a direct interest in the outcome of the consultant lobbyist’s activities on behalf of the client; (4) if the client is a subsidiary of a legal person, the name and address of that legal person; (5) if the client is funded, in whole or in part, by a government or a municipality or by a government or municipal body or agency, the name of the government, municipality or body or agency, and the amount of funding involved; (6) the subject-matter of the consultant lobbyist’s activities, and particulars to identify such subject-matter; (7) the duration of the lobbying activities; (8) the name of any parliamentary, government or municipal institution in which any public office holder is employed or serves with whom the consultant lobbyist has communicated or expects to communicate, as well as the ministerial, deputy-ministerial, managerial, professional or other nature of the functions of the public office holder; (9) the range, among the following, within which the amount or value of any financial or other compensation received or to be received in return for the lobbyist’s activities falls: less than $10,000, from $10,000 to $50,000, from $50,000 to $100,000 and $100,000 or more; (10) the techniques of communication the consultant lobbyist has used or expects to use; and (11) if applicable, the nature and term of any public office the consultant lobbyist held in the two years preceding the date on which the consultant lobbyist was engaged by the client. 2002, c. 23, s. 9.

Section 9Verify source

§ 10Section 10Provision

Source excerpt

An enterprise lobbyist or organization lobbyist is registered when a return is filed with specified information.

10. An enterprise lobbyist or an organization lobbyist is registered on the filing of a return setting out the following information: (1) the name of the senior officer of the enterprise or group on whose behalf the lobbyist is acting, the name of the lobbyist and the name and address of the enterprise or group; (2) if the enterprise or group is a legal person, the name and address of each of its subsidiaries that, to the knowledge of the person filing the return, has a direct interest in the outcome of the lobbyist’s activities on behalf of the enterprise or group; (3) if the enterprise or group is a subsidiary of a legal person, the name and address of that legal person; (4) if applicable, the financial year of the enterprise or group; (5) a description in summary form of the business or activities of the enterprise or group, and any information to identify such business or activities; (6) if the enterprise or group is funded, in whole or in part, by a government or a municipality or by a government or municipal body or agency, the name of the government, municipality or body or agency, and the amount of funding involved; (7) the subject-matter of the lobbying activities, and particulars to identify such subject-matter; (8) the duration of the lobbying activities; (9) the name of any parliamentary, government or municipal institution in which any public office holder is employed or serves with whom the lobbyist has communicated or expects to communicate, as well as the ministerial, deputy-ministerial, managerial, professional or other nature of the functions of the public office holder; (10) the techniques of communication the lobbyist has used or expects to use; and (11) if applicable, the nature and term of any public office the lobbyist held in the two years preceding the date on which the lobbyist was engaged by the enterprise or group. 2002, c. 23, s. 10.

Section 10Verify source

§ 11Section 11Provision

Source excerpt

For a natural person, “address” means the person’s professional or business address, or the residential address if no such professional or business address exists.

11. The address of a natural person means the person’s professional or business address or, in the absence of such an address, the person’s residential address. 2002, c. 23, s. 11.

Section 11Verify source

§ 12Section 12Provision

Source excerpt

A legal person is treated as a subsidiary of another legal person if the other person holds, otherwise than as security, securities carrying more than 50% of the votes for electing directors and those votes can elect a majority of the directors.

12. A legal person is considered to be a subsidiary of another legal person if (1) securities of the legal person to which are attached more than 50 % of the votes that may be cast to elect directors of the legal person are held, otherwise than by way of security, by or for the benefit of the other legal person; and (2) the votes attached to such securities are sufficient to elect a majority of the directors of the legal person. 2002, c. 23, s. 12.

Section 12Verify source

§ 13Section 13Provision

Source excerpt

13. Two or more enterprise lobbyists or two or more organization lobbyists may be registered by the filing of a single return containing the required information concerning each of the lobbyists. 2002, c. 23, s. 13.

Section 13Verify source

§ 14Section 14Provision

Source excerpt

Consultant lobbyists must register by the 30th day after beginning lobbying for a client, and enterprise or organization lobbyists must register by the 60th day.

14. A consultant lobbyist must be registered no later than the thirtieth day, and an enterprise or organization lobbyist, no later than the sixtieth day, after the lobbyist begins to conduct lobbying activities on behalf of a client. 2002, c. 23, s. 14.

Section 14Verify source

§ 15Section 15Provision

Source excerpt

A lobbyist’s change in return information must be reported in a notice of change filed in the registry within 30 days after the change happens.

15. Any change in the information contained in the return concerning a lobbyist, including the termination of his or her engagement or any new lobbying activities, must be stated in a notice of change filed in the registry no later than the thirtieth day following the occurrence of the change. 2002, c. 23, s. 15.

Section 15Verify source

§ 16Section 16Provision

Source excerpt

A consultant lobbyist must renew registration by the 30th day after the anniversary of the initial registration, and an enterprise lobbyist or organization lobbyist must renew by the 60th day after the end of the enterprise or group’s financial year.

16. The registration of a consultant lobbyist must be renewed no later than the thirtieth day following the anniversary of the initial registration; the registration of an enterprise lobbyist or organization lobbyist must be renewed no later than the sixtieth day following the end of the financial year of the enterprise or group. 2002, c. 23, s. 16.

Section 16Verify source

§ 17Section 17Provision

Source excerpt

Consultant lobbyists file notices of change or renewal themselves; enterprise and organization lobbyists’ notices are filed by the senior officer of the enterprise or group they represent.

17. Notices of change or renewal are filed by the lobbyists themselves in the case of consultant lobbyists and by the senior officer of the enterprise or group on whose behalf the lobbyists are acting or acted in the case of enterprise lobbyists or organization lobbyists. 2002, c. 23, s. 17.

Section 17Verify source

§ 18Section 18Provision

Source excerpt

Returns and notices must be filed in the lobbyists registry on an information-technology medium, in the form and manner set by the Lobbyists Commissioner.

18. Returns and notices must be filed in the registry of lobbyists on an information technology-based medium in the form and manner determined by the Lobbyists Commissioner. They must bear a certification by the person filing them that the information they contain is true. Such returns and notices are deemed to be filed at the time they are received by the Commissioner. 2002, c. 23, s. 18; 2019, c. 13, s. 2.

Section 18Verify source

§ 19Section 19Provision

Source excerpt

The Lobbyists Commissioner must keep the registry of lobbyists.

19. The Lobbyists Commissioner is responsible for keeping the registry of lobbyists. The Commissioner keeps the registry in the manner the Commissioner determines. The registry is public and available on the Commissioner’s website, with the exception of information covered by a confidentiality measure. 2002, c. 23, s. 19; 2019, c. 13, s. 4.

Section 19Verify source

§ 20Section 20Provision

Source excerpt

The Commissioner may examine whether filed returns and notices include all required information and are in the prescribed form and manner.

20. The Commissioner may examine whether the returns and notices filed contain all the required information and whether they are filed in the prescribed form and manner. 2002, c. 23, s. 20; 2019, c. 13, s. 5.

Section 20Verify source

§ 21Section 21Provision

Source excerpt

21. If a return or notice does not contain all the required information, or if it contains an error or is not filed in the prescribed form or manner, the Commissioner may require the consultant lobbyist or, in the case of an enterprise lobbyist or organization lobbyist, the senior officer of the enterprise or group to make the necessary corrections within 20 days after the Commissioner’s request. In such a case, a note that corrections were required is made in the registry. If the required corrections are not made within the allotted time, the Commissioner may, in whole or in part, refuse the return or notice or remove it from the registry. 2002, c. 23, s. 21; 2019, c. 13, s. 6.

Section 21Verify source

§ 22Section 22Repeal

Source excerpt

Section 22 is repealed.

22. (Repealed). 2002, c. 23, s. 22; 2019, c. 13, s. 7.

Section 22Verify source

§ 23Section 23Offence

Source excerpt

23. Any return or notice received by the Commissioner may be recorded by means of any information storage device, including any system of mechanical or electronic data processing, that is capable of reproducing the stored return or notice in intelligible form within a reasonable time. In any prosecution for an offence under a provision of this Act, a copy of a return or notice so reproduced that is certified by the Commissioner as a true copy is admissible in evidence without proof of the certification or official capacity of the certifier and, in the absence of any evidence to the contrary, has the same probative force as the original would have if it were proved in the ordinary way. 2002, c. 23, s. 23; 2019, c. 13, s. 8.

Section 23Verify source

§ 24Section 24Repeal

Source excerpt

Section 24 is repealed.

24. (Repealed). 2002, c. 23, s. 24; 2019, c. 13, s. 9.

Section 24Verify source

§ 25Section 25Provision

Source excerpt

A person may not lobby a public office holder unless the lobbying activity is registered in the registry of lobbyists.

25. No person may lobby a public office holder without being registered in the registry of lobbyists in respect of such lobbying activities. 2002, c. 23, s. 25.

Section 25Verify source

§ 26Section 26Provision

Source excerpt

Consultant lobbyists and enterprise lobbyists must not act for compensation that depends on success or on funds from a government, municipality, or related public body or agency.

26. No consultant lobbyist or enterprise lobbyist may act in return for compensation that is contingent on the achievement of a result or the lobbyist’s degree of success. Furthermore, no consultant lobbyist or enterprise lobbyist may act in return for compensation derived from a grant or loan received from the Government, a municipality or a government or municipal body or agency. 2002, c. 23, s. 26.

Section 26Verify source

§ 27Section 27Provision

Source excerpt

A lobbyist who gets authority from a public office holder to award a contract, grant, or other benefit must not award it to self, the client enterprise or organization, or a related third person. The recipient third person, enterprise, or organization must not accept it.

27. No lobbyist who, in the course of lobbying activities, receives, from a public office holder, the mandate to award a contract, a grant or any other form of benefit may award it to himself or herself, to the enterprise or organization on whose behalf the lobbyist is acting or to any third person that is related to the lobbyist within the meaning of the Taxation Act (chapter I-3). No such third person, enterprise or organization may accept such a contract, grant or benefit. 2002, c. 23, s. 27.

Section 27Verify source

§ 28Section 28Provision

Source excerpt

Some former public office holders are prohibited from lobbying a public office holder as a consultant lobbyist.

28. No person having held a public office during one year or more in the two years preceding the date on which the person ceased to be a public office holder may lobby a public office holder as a consultant lobbyist. This prohibition applies only if the person held the office of (1) member of the Executive Council or Member of the National Assembly authorized to sit in Cabinet; (2) member of the executive staff, other than the support staff, of a person holding an office referred to in subparagraph 1, deputy minister or other holder of a position referred to in section 55 of the Public Service Act (chapter F-3.1.1) or holder of a position referred to in section 57 of that Act. 2002, c. 23, s. 28.

Section 28Verify source

§ 29Section 29Provision

Source excerpt

Former public office holders are prohibited from lobbying certain public office holders in specified institutions after leaving office, subject to the listed office-based conditions.

29. No person may lobby a public office holder who is employed or serves in the same parliamentary, governmental or municipal institution in which the person held a public office in the year preceding the date on which the person ceased to be a public office holder or in such an institution with which the person had significant and direct official relations during that year. This prohibition applies only if the person held the office of (1) member of the Executive Council, Member of the National Assembly authorized to sit in Cabinet, mayor, borough chair, warden, chair of the council of a metropolitan community or member of the executive committee of a municipality or metropolitan community; or (2) member of the executive staff, other than the support staff, of a person holding an office referred to in subparagraph 1, deputy minister or other holder of a position referred to in section 55 of the Public Service Act (chapter F-3.1.1), holder of a position referred to in section 57 of that Act, director general or assistant director general of a municipality or metropolitan community or clerk-treasurer of a municipality governed by the Municipal Code of Québec (chapter C-27.1). 2002, c. 23, s. 29; 2021, c. 31, s. 132.

Section 29Verify source

§ 30Section 30Provision

Source excerpt

Sections 28 and 29 prohibitions continue for two years, or one year in some cases, after the person stops holding the relevant office.

30. The prohibitions established by sections 28 and 29 apply for a period of two years or one year from the date on which the person ceased to hold an office referred to in those sections, according to whether the person held an office referred to in subparagraph 1 or 2 of the second paragraph of the section concerned. 2002, c. 23, s. 30.

Section 30Verify source

§ 31Section 31Provision

Source excerpt

A person must not use former public office in lobbying to gain an undue advantage, or lobby about a procedure, negotiation, or other specific operation the person was involved in through that office.

31. No person may derive undue advantage in the course of lobbying activities from having held a public office, or lobby in respect of a procedure, negotiation or other specific operation in which the person was involved in or in connection with the exercise of that office. 2002, c. 23, s. 31.

Section 31Verify source

§ 32Section 32Provision

Source excerpt

A person must not, while lobbying, disclose confidential information from a previous public office or give advice based on non-public information about certain institutions or related persons.

32. No person may, in the course of lobbying activities, disclose confidential information obtained in or in connection with the previous exercise of a public office, or advise anyone on the basis of information that is not available to the public concerning either the parliamentary, governmental or municipal institution in which the person held a public office, or a person with which the person had significant and direct relations in the year preceding the date on which the person ceased to hold a public office in that institution. 2002, c. 23, s. 32.

Section 32Verify source

§ 33Section 33Provision

Source excerpt

The National Assembly must appoint a Lobbyists Commissioner on the Prime Minister’s proposal and with two-thirds approval of its members.

33. On the proposal of the Prime Minister and with the approval of 2/3 of its members, the National Assembly shall appoint a Lobbyists Commissioner, who shall be responsible for monitoring and controlling the lobbying of public office holders. The remuneration, employment benefits and other conditions of employment of the Commissioner shall be determined by the Assembly in the same manner. The function of Commissioner shall be exercised on a full-time basis. 2002, c. 23, s. 33.

Section 33Verify source

§ 34Section 34Provision

Source excerpt

The Commissioner is appointed for a term of up to five years, stays in office until reappointed or replaced, may resign in writing to the President of the National Assembly, and may be removed only by an Assembly resolution approved by two-thirds of its members.

34. The Commissioner shall be appointed for a fixed term which shall not exceed five years. At the end of the term, the Commissioner remains in office until he or she is reappointed or replaced. The Commissioner may resign at any time by giving notice in writing to the President of the National Assembly. The Commissioner may be removed only by a resolution of the Assembly approved by 2/3 of its members. 2002, c. 23, s. 34.

Section 34Verify source

§ 34.1Section 34.1Provision

Source excerpt

If the Lobbyists Commissioner cannot act, the President of the National Assembly may appoint a temporary replacement for up to six months, and the Government sets that person’s extra salary and allowances.

34.1. If the Lobbyists Commissioner ceases to act or is unable to act, the President of the National Assembly, after consulting with the Leaders of the authorized parties that are represented in the National Assembly and any independent Members of the Assembly, may designate, from among the personnel of a body whose members are appointed by a two-thirds majority of the Members of the Assembly or from among the personnel of a person designated by a two-thirds majority of the Members of the Assembly to perform duties that come under the Assembly, a person to act as Lobbyists Commissioner for a period not exceeding six months. The Government determines the designated person’s additional salary and allowances. 2009, c. 37, s. 1.

Section 34.1Verify source

§ 35Section 35Provision

Source excerpt

The Commissioner must prepare annual budgetary estimates and submit them to the Office of the National Assembly, which must approve them with or without modification. The Commissioner’s personnel must be appointed under the Public Service Act.

35. The Commissioner shall prepare annual budgetary estimates and submit them to the Office of the National Assembly, which shall approve them with or without modification. The members of the personnel of the Commissioner shall be appointed in accordance with the Public Service Act (chapter F-3.1.1). 2002, c. 23, s. 35.

Section 35Verify source

§ 36Section 36Provision

Source excerpt

The Commissioner must submit a draft code of conduct for lobbyists to the President of the National Assembly within 180 days after accession to office.

36. On or before the 180th day following the date of the Commissioner’s accession to office, the Commissioner shall submit a draft code of conduct for lobbyists to the President of the National Assembly. In preparing the draft code of conduct, the Commissioner may consult any person, partnership or association that is interested in its object or expresses interest in that regard, particularly professional orders. 2002, c. 23, s. 36.

Section 36Verify source

§ 37Section 37Provision

Source excerpt

The President of the National Assembly must lay the draft code of conduct before the National Assembly within 15 days, or within 15 days after resumption if the Assembly is not sitting. The Commissioner must adopt the code of conduct after receiving the committee’s report, with or without amendments.

37. The President of the National Assembly shall lay the draft code of conduct before the National Assembly within the next 15 days or, if the Assembly is not sitting, within 15 days of resumption, so that it may be examined by the appropriate committee of the National Assembly. After receiving the report of the committee, the Commissioner shall adopt the code of conduct with or without amendments. 2002, c. 23, s. 37.

Section 37Verify source

§ 38Section 38Provision

Source excerpt

The Commissioner must publish the code of conduct in the Gazette officielle du Québec once it is adopted.

38. As soon as the code of conduct is adopted, the Commissioner shall publish it in the Gazette officielle du Québec. The code of conduct comes into effect on the fifteenth day following its publication. 2002, c. 23, s. 38.

Section 38Verify source

§ 39Section 39Provision

Source excerpt

The Lobbyists Commissioner may conduct inquiries, on the Commissioner’s own initiative or on request, if there are reasonable grounds to believe a breach occurred. The Commissioner may also specially authorize another person to conduct those inquiries.

39. The Lobbyists Commissioner may, on the Commissioner’s own initiative or on request, conduct inquiries if the Commissioner believes on reasonable grounds that there has been a breach of any provision of this Act or of the code of conduct. The Commissioner may specially authorize any person to conduct such inquiries. 2002, c. 23, s. 39.

Section 39Verify source

§ 40Section 40Provision

Source excerpt

The Commissioner and specially authorized persons have inquiry powers and immunity, except the power to order imprisonment.

40. The Commissioner and any person specially authorized by the Commissioner to conduct an inquiry have, for the purposes of the inquiry, the powers and immunity conferred on commissioners appointed under the Act respecting public inquiry commissions (chapter C-37), except the power to order imprisonment. 2002, c. 23, s. 40.

Section 40Verify source

§ 41Section 41Provision

Source excerpt

The Commissioner may appoint or authorize an inspector to check compliance, and inspectors may enter certain premises, request information and documents, and examine and copy documents. People with custody of the relevant documents must give access on request and help with examination.

41. The Commissioner may act or authorize any person to act as an inspector to determine whether the legislative provisions or the provisions of the code of conduct are being complied with. A person acting as an inspector may (1) enter, at any reasonable time, the establishment of a lobbyist or a public office holder or the establishment where the lobbyist or the public office holder engages in his or her activities or exercises his or her functions; (2) require the persons present to provide any information concerning the activities engaged in or the functions exercised by the lobbyist or the public office holder, and to produce any book, register, account, record or other related document; and (3) examine and make copies of documents containing information relating to the activities engaged in or the functions exercised by the lobbyist or the public office holder. Every person who has custody, possession or control of the documents referred to in this section must, on request, give access to them to the person conducting the inspection and facilitate their examination. 2002, c. 23, s. 41.

Section 41Verify source

§ 42Section 42Provision

Source excerpt

Inspectors authorized by the Commissioner must identify themselves and show their authorization certificate when asked.

42. The persons authorized by the Commissioner to act as inspectors must, on request, identify themselves and produce a certificate of their authorization. The authorized persons may not be prosecuted for anything done in good faith in the exercise of their functions. 2002, c. 23, s. 42.

Section 42Verify source

§ 43Section 43Provision

Source excerpt

The Commissioner must send any inquiry report finding a breach of this Act or the code of conduct to the Director of Criminal and Penal Prosecutions.

43. The Commissioner must submit every inquiry report in which the Commissioner ascertains a breach of a provision of this Act or the code of conduct to the Director of Criminal and Penal Prosecutions. 2002, c. 23, s. 43; 2005, c. 34, s. 84.

Section 43Verify source

§ 44Section 44Provision

Source excerpt

44. The Commissioner may, on summary examination, dismiss any application for an inquiry the Commissioner judges to be frivolous or clearly unfounded. The Commissioner shall inform the applicant and the other persons concerned in

Section 44Verify source

§ 45Section 45Provision

Source excerpt

The Commissioner must submit an annual activity report to the President of the National Assembly by 30 September each year.

45. No later than 30 September each year, the Commissioner shall submit an activity report for the preceding calendar year to the President of the National Assembly. The President shall lay the report before the National Assembly within the next 15 days or, if the Assembly is not sitting, within 15 days of resumption so that it may be examined by the appropriate committee of the National Assembly. 2002, c. 23, s. 45.

Section 45Verify source

§ 46Section 46Provision

Source excerpt

A civil action cannot be brought because of the publication of a Commissioner’s report, or because of a good-faith extract or summary of that report.

46. No civil action may be instituted by reason of the publication of a report of the Commissioner or the publication in good faith of an extract from or a summary of such a report. 2002, c. 23, s. 46.

Section 46Verify source

§ 47Section 47Provision

Source excerpt

47. Neither the Commissioner nor the persons authorized by the Commissioner to conduct inquiries may be compelled to give testimony relating to information obtained in the exercise of their functions or to produce any document containing

Section 47Verify source

§ 48Section 48Provision

Source excerpt

Except on a jurisdiction question, judicial review applications under the Code of Civil Procedure and injunctions against the Commissioner or authorized inspectors cannot be pursued or granted.

48. Except on a question of jurisdiction, no application for judicial review under the Code of Civil Procedure (chapter C-25.01) may be pursued and no injunction may be granted against the Commissioner or the persons authorized by the Commissioner to conduct inquiries or to act as inspectors. A judge of the Court of Appeal may, on an application, annul on summary examination any decision, order or injunction rendered or granted contrary to the first paragraph. 2002, c. 23, s. 48; I.N. 2016-01-01 (NCCP).

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§ 49Section 49Provision

Source excerpt

On request, the Lobbyists Commissioner may keep certain registration-return information confidential if disclosure would likely seriously harm the client’s or enterprise’s financial or economic interests.

49. At the request of a person who is required to effect a registration in the registry of lobbyists, the Lobbyists Commissioner may decide that some or all of the information contained in the return that must be filed for registration purposes is to be kept confidential if the information relates to an investment project of the client or enterprise concerned the disclosure of which would likely seriously prejudice the economic or financial interest of the client or enterprise. Unless the interested person requests an extension of the measure and the Commissioner grants one for the period he or she determines, the decision of the Commissioner shall cease to have effect at the expiry of six months from the filing of the return concerned in the registry of lobbyists. An extension may be renewed, with the necessary modifications, in accordance with the provisions of this section. 2002, c. 23, s. 49; 2019, c. 13, s. 11.

Section 49Verify source

§ 50Section 50Provision

Source excerpt

When granting a confidentiality measure, the Commissioner must register the filed return and keep the covered information confidential.

50. When granting a confidentiality measure, the Commissioner shall register the return filed but shall ensure that the information covered by the measure is kept confidential. When the measure expires and after the Commissioner has informed the person who requested it of its expiry, the information it covered becomes available to the public. 2002, c. 23, s. 50; 2019, c. 13, s. 12.

Section 50Verify source

§ 51Section 51Provision

Source excerpt

The Commissioner’s annual activity report must state how many confidentiality measures were granted or extended during the year under this subdivision.

51. The annual activity report of the Commissioner shall state the number of confidentiality measures granted or extended during the year pursuant to this subdivision. 2002, c. 23, s. 51; 2019, c. 13, s. 13.

Section 51Verify source

§ 52Section 52Interpretation

Source excerpt

The Lobbyists Commissioner may issue and publish notices about how the Act, its regulations, or the code of conduct are carried out, interpreted, or applied.

52. The Lobbyists Commissioner may issue and publish notices concerning the carrying out, interpretation or application of this Act, a regulation thereunder or the code of conduct. 2002, c. 23, s. 52; 2019, c. 13, s. 14.

Section 52Verify source

§ 53Section 53Provision

Source excerpt

If the Lobbyists Commissioner finds a lobbyist has gravely or repeatedly breached required obligations, the Commissioner may bar the lobbyist’s registration or cancel registry entries.

53. If the Lobbyists Commissioner ascertains that a lobbyist has gravely or repeatedly breached the obligations imposed on lobbyists by this Act or the code of conduct adopted under this Act, the Commissioner may prohibit the registration of the lobbyist in the registry of lobbyists or cancel all entries in the registry concerning the lobbyist. The prohibition or cancellation period may not exceed one year from the effective date of the decision of the Commissioner. 2002, c. 23, s. 53; 2019, c. 13, s. 15.

Section 53Verify source

§ 54Section 54Provision

Source excerpt

Before deciding, the Commissioner must tell the lobbyist the intended decision, the reasons, and any complaints, and must let the lobbyist respond and, if needed, file documents.

54. Before issuing a decision, the Commissioner must inform the lobbyist of the intended decision and the reasons therefor and of the content of any complaints regarding the lobbyist. The Commissioner must also give the lobbyist the opportunity to present observations and, where necessary, to file documents to complete his or her file. 2002, c. 23, s. 54.

Section 54Verify source

§ 55Section 55Provision

Source excerpt

The Commissioner’s decision is enforceable only if the lobbyist has received a copy of it or has otherwise been advised of it.

55. The Commissioner’s decision is enforceable according to the terms and conditions stated therein provided the lobbyist has received a copy of the decision or has otherwise been advised of it. 2002, c. 23, s. 55.

Section 55Verify source

§ 56Section 56Repeal

Source excerpt

Section 56 is repealed.

56. (Repealed). 2002, c. 23, s. 56; 2019, c. 13, s. 16.

Section 56Verify source

§ 57Section 57Provision

Source excerpt

A lobbyist concerned may contest a Commissioner’s decision before a judge of the Court of Québec after serving an application on the Commissioner.

57. A decision of the Commissioner may, upon an application served on the Commissioner, be contested by the lobbyist concerned before a judge of the Court of Québec. The contestation does not suspend the decision of the Commissioner unless the judge decides otherwise. The contestation is heard and decided by preference. The decision of the judge is final. 2002, c. 23, s. 57; I.N. 2016-01-01 (NCCP); 2020, c. 12, s. 143.

Section 57Verify source

§ 58Section 58Provision

Source excerpt

If a Commissioner’s inquiry report shows a lobbyist breached lobbying obligations or the code of conduct, the Attorney General may claim compensation amounts from the lobbyist.

58. On receiving an inquiry report from the Commissioner ascertaining that a lobbyist has in any way breached the obligations imposed on lobbyists by this Act or the code of conduct, the Attorney General may claim from the lobbyist the amount or value of any financial or other compensation received by or payable to the lobbyist on account of the activities having occasioned the breach. In such a case, the lobbyist is liable toward the State for the amount established in the Attorney General’s claim. The enterprise or group within which the lobbyist was acting at the time of the breach is solidarily liable with the lobbyist for payment of the amount claimed by the Attorney General. The provisions of this section also apply, with the necessary modifications, to a third person, enterprise or organization which has contravened section 27. 2002, c. 23, s. 58.

Section 58Verify source

§ 59Section 59Provision

Source excerpt

The measures in this division become prescribed three years after the breach occurs.

59. The measures provided for in this division are prescribed three years after the occurrence of the breach. 2002, c. 23, s. 59.

Section 59Verify source

§ 60Section 60Offence

Source excerpt

Any person who contravenes Division I of Chapter II or sections 28 to 32 commits an offence and is liable to a fine of $500 to $25,000.

60. Any person who contravenes any provision of Division I of Chapter II or of sections 28 to 32 is guilty of an offence and liable to a fine of $500 to $25,000. 2002, c. 23, s. 60.

Section 60Verify source

§ 61Section 61Offence

Source excerpt

A person commits an offence if they file a lobbyists registry return or notice with information they know is false or misleading, or if they contravene section 25, 26, or 27.

61. Any person who files in the registry of lobbyists a return or a notice containing information that the person knows to be false or misleading or who contravenes any provision of section 25, 26 or 27 is guilty of an offence and liable to a fine of $500 to $25,000. 2002, c. 23, s. 61.

Section 61Verify source

§ 62Section 62Offence

Source excerpt

62. Any person who hinders the work of the Lobbyists Commissioner or of a person authorized by the Commissioner to exercise a power under section 40 or 41 is guilty of an offence and liable to a fine of $500 to $5,000. 2002, c. 23, s. 62.

Section 62Verify source

§ 63Section 63Offence

Source excerpt

A lobbyist who contravenes the code of conduct adopted under this Act commits an offence.

63. Any lobbyist who contravenes any provision of the code of conduct adopted under this Act is guilty of an offence and liable to a fine of $500 to $25,000. 2002, c. 23, s. 63.

Section 63Verify source

§ 64Section 64Offence

Source excerpt

A lobbyist commits an offence if they carry on lobbying activities after a decision prohibiting their registration or cancelling their registry entries.

64. Any lobbyist who engages in lobbying activities in contravention of a decision of the Lobbyists Commissioner prohibiting the registration of the lobbyist in the registry of lobbyists or cancelling all entries in the registry concerning the lobbyist is guilty of an offence and liable to fine of $5,000 to $25,000. 2002, c. 23, s. 64; 2019, c. 13, s. 17.

Section 64Verify source

§ 65Section 65Offence

Source excerpt

Fines under this division are doubled for a second or subsequent offence.

65. The fines provided for in this division shall be doubled in the case of a second or subsequent offence. 2002, c. 23, s. 65.

Section 65Verify source

§ 65.1Section 65.1Offence

Source excerpt

Penal proceedings for offences under this Act must be brought within 3 years of prosecutor awareness, and in any case not after 7 years from the offence date; section 62 offences have a 1-year period.

65.1. Penal proceedings for an offence under this Act are prescribed three years after the date on which the prosecutor becomes aware of the commission of the offence. However, no proceedings may be instituted if more than seven years have passed since the date of the commission of the offence. The first paragraph does not apply to proceedings for an offence under section 62, which are prescribed one year after the date of the commission of the offence. 2019, c. 13, s. 18.

Section 65.1Verify source

§ 66Section 66Repeal

Source excerpt

The Government may make regulations for the purposes listed in section 66.

66. The Government may make regulations (1) determining other forms of benefits in respect of which decisions may be influenced within the meaning of subparagraph 2 or 3 of the first paragraph of section 2; (2) excluding persons, bodies or agencies or lobbying activities from the application of this Act or determining special conditions under which persons, bodies or agencies or lobbying activities are subject to its application; (3) (paragraph repealed); (4) (paragraph repealed); (5) (paragraph repealed); (6) prescribing any additional information to be included in returns filed in the lobbyists registry; and (7) prescribing any other measure that is necessary for the carrying out of this Act. 2002, c. 23, s. 66; 2019, c. 13, s. 19.

Section 66Verify source

§ 66.1Section 66.1Provision

Source excerpt

The Commissioner must post draft provisions on the Commissioner’s website and publish the final provisions in the Gazette officielle du Québec. Interested persons may comment within 45 days after the draft provisions are posted.

66.1. The Commissioner shall post any draft provisions specifying the form or manner to be determined under sections 18 and 19 on the Commissioner’s website. Any interested person may send comments to the Commissioner within 45 days after such draft provisions are posted. The Commissioner shall cause the provisions specifying the form or manner the Commissioner determines to be published in the Gazette officielle du Québec, with or without changes. Those provisions come into force on the 15th day after the day they are published. 2019, c. 13, s. 20.

Section 66.1Verify source

§ 67Section 67Provision

Source excerpt

The Minister of Justice is responsible for administering this Act.

67. The Minister of Justice is responsible for the administration of this Act. 2002, c. 23, s. 67. The Minister responsible for Democratic Institutions exercises the functions and responsibilities of the Minister of Justice provided for in this Act. Order in Council 1656-2022 dated 20 October 2022, (2022) 154 G.O. 2 (French), 6522.

Section 67Verify source

§ 68Section 68Amendment

Source excerpt

The Minister must report to the Government within five years of 13 June 2002 on implementation of the Act and code of conduct, and on whether they should be amended.

68. Within five years of 13 June 2002, the Minister shall report to the Government on the implementation of this Act and of the code of conduct adopted under this Act and on the advisability of amending them. The report shall be laid before the National Assembly by the Minister within the next 15 days or, if the Assembly is not sitting, within 15 days of resumption. The report shall be examined by the appropriate committee of the National Assembly. 2002, c. 23, s. 68.

Section 68Verify source

§ 69Section 69Provision

Source excerpt

This section applies the Act to lobbying activities already in progress on 13 June 2002 and extends the section 14 filing periods for related returns.

69. The provisions of this Act are applicable to lobbying activities in progress on 13 June 2002. However, the 30-day and 60-day periods provided in section 14 for the filing of returns concerning those activities in the registry of lobbyists are extended to 60 days and 90 days, respectively, and run from 28 November 2002. 2002, c. 23, s. 69.

Section 69Verify source

§ 70Section 70Provision

Source excerpt

People who were already engaged in lobbying activities before 13 June 2002 are exempt from the prohibitions in sections 28 to 30, unless they are otherwise subject to those prohibitions under a directive or agreement.

70. The prohibitions set out in sections 28 to 30 are not applicable to persons who, without otherwise being subject to such prohibitions pursuant to a directive or to an agreement, were already engaged in lobbying activities before 13 June 2002. 2002, c. 23, s. 70.

Section 70Verify source

§ 71Section 71Provision

Source excerpt

This section limits the Act’s municipal provisions to municipalities with fewer than 10,000 inhabitants and related municipal bodies, and replaces the dates in sections 69 and 70 with 1 July 2005 for those entities.

71. The provisions of this Act which concern municipalities and municipal bodies shall only be applicable to municipalities of fewer than 10,000 inhabitants and the related municipal bodies from 1 July 2005. The dates mentioned in sections 69 and 70 are replaced, in respect of those municipalities and bodies, by 1 July 2005. 2002, c. 23, s. 71.

Section 71Verify source

§ 72Section 72Interpretation

Source excerpt

For a limited period, section 3’s definition of “organization lobbyist” is replaced by a specific definition that applies until the earlier of the first regulation under section 66(2) coming into force or 1 March 2003.

72. Until the date of coming into force of the first regulation made under paragraph 2 of section 66 or until 1 March 2003, whichever is earlier, the definition of “organization lobbyist” in section 3 shall read as follows: ““organization lobbyist” means any person a significant part of whose job or function consists in lobbying on behalf of an association or other non-profit group constituted to serve management, union or professional interests or the majority of whose members are profit-seeking enterprises or representatives of profit-seeking enterprises”. 2002, c. 23, s. 72.

Section 72Verify source

§ 73Section 73Amendment

Source excerpt

This section notes that an amendment was integrated into c. M-31, s. 69.1.

73. (Amendment integrated into c. M-31, s. 69.1). 2002, c. 23, s. 73.

Section 73Verify source

§ 74Section 74Amendment

Source excerpt

This section notes that an amendment was integrated into c. M-31, s. 69.6.

74. (Amendment integrated into c. M-31, s. 69.6). 2002, c. 23, s. 74.

Section 74Verify source

§ 75Section 75Amendment

Source excerpt

This section states that an amendment was integrated into c. M-31, s. 69.8.

75. (Amendment integrated into c. M-31, s. 69.8). 2002, c. 23, s. 75.

Section 75Verify source

§ 76Section 76Provision

Source excerpt

76. (Omitted). 2002, c. 23, s. 76.

Section 76Verify source

§ 77Section 77Provision

Source excerpt

77. (Omitted). 2002, c. 23, s. 77.

Section 77Verify source

§ —ScheduleRepeal

Source excerpt

Chapter 23 of the statutes of 2002 is repealed, except sections 76 and 77.

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 23 of the statutes of 2002, in force on 1 April 2003, is repealed, except sections 76 and 77, effective from the coming into force of chapter T-11.011 of the Revised Statutes.

ScheduleVerify source

Legislative relationships

6 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

2 instruments

Auditor General Act
Section 4
Commissioner shall be appointed in accordance with the Public Service Act
Section 35

G–M

2 instruments

Indian Act
Section 7
Justice is responsible for administering this Act
Section 67

N–S

1 instrument

Public Service Act
Sections 2, 28, 29

T–Z

1 instrument

Taxation Act
Section 27

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Lobbying Transparency and Ethics Act, 2002

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