Following a long-anticipated wait, the Office of the Commissioner of Lobbying (OCL) issued two important bulletins on July 16, 2025, updating its interpretation of the “significant part of duties” registration threshold, and making corresponding changes to lobbying restrictions applicable to former designated public office holders.

Updated interpretation of “significant part of duties”

The first bulletin updates how the OCL interprets and applies the "significant part of duties" registration threshold under paragraph 7(1)(b) of the Lobbying Act. The Act requires the most senior paid officer of an organization or corporation to register lobbying activities when employees lobby federal public office holders as outlined in paragraph 7(1)(a).  Lobbying communications for in-house lobbyists include communications between employees and public office holders, as part of the employees’ duties, about any of the following:

  • the development of any legislative proposal by the Government of Canada or by a member of either the Senate or House of Commons;
  • the introduction, passage, defeat or amendment of any Bill or resolution in the Senate or the House of Commons;
  • the making or amendment of any federal regulation;
  • the development or amendment of any federal government policy or program; and
  • the awarding of any grant, contribution, or other financial benefit by or on behalf of the Government of Canada.

The OCL now interprets “significant” in this context to mean a “notable” or “noteworthy” amount of lobbying activity. Specifically, the registration threshold is met when lobbying communications, including both written and oral exchanges, as well as related preparation time, total eight or more hours within any consecutive four-week period. This revision significantly changes the calculation of the threshold, which was previously interpreted as “20% of overall duties.”

The threshold applies collectively to all employees of the organization or corporation. Importantly, activities such as drafting letters, preparing information packages, and participating in meetings with public office holders all count toward the threshold, as do appeals to the public to lobby public office holders (grassroots communications).  In the case of grassroots communications, included in the calculation of “significant part of the duties” are activities such as directing a campaign, making decisions about the message of the campaign, and making decisions about the techniques to be used in the campaign—as opposed to administrative work such as photocopying or website maintenance.

For example, the threshold for registration would be met if, within a single, consecutive four-week period, one employee spends three hours preparing a letter addressed to a public office holder, while another employee spends two hours to drafting an information package, followed by a second employee spending one hour reviewing and finalizing it before it is shared with the public office holder. Additionally, four employees each participate in a 30-minute face-to-face meeting with the public office holder, resulting in a total of two hours spent on the meeting. The cumulative total of these employees’ activities meets the eight hours threshold for filing a registration.

Once the eight-hour threshold is reached within a four-week span, the most senior paid officer has two months to file an in-house registration in the Registry. This time requirement remains the same.

The new interpretation of the registration threshold takes effect on January 19, 2026.  It is essential for companies and organizations to be mindful of this significant change to avoid a breach of these rules.

Lobbying restrictions for former designated public office holders

In a separate bulletin, the OCL has clarified the five-year lobbying prohibition that applies to all former designated public office holders, as established under subsection 10.11(1) of the Lobbying Act. This restriction begins on the day the individual ceases to serve in their designated role and is intended to prevent undue influence by those with recent experience in government.

The Act imposes a complete ban on consultant lobbying during this five-year period, meaning former designated public office holders are not allowed to communicate with federal public office holders or arrange meetings on behalf of clients in exchange for payment. This continues to apply.

The OCL confirms that the five-year lobbying restriction also continues to fully apply to former designated public office holders employed by organizations, such as non-profits or advocacy groups. In these cases, they are prohibited from engaging in in-house lobbying activities on behalf of their employer. This includes any communication with federal public office holders concerning matters such as legislation, regulations, federal programs or policies, or grants and contributions, as outlined in paragraph 7(1)(a) of the Act. The restriction is absolute in this context, and there are no exceptions based on the volume or nature of lobbying activity for former officials working in organizations.

However, a limited exception that flows from paragraph 10.11.(1)(c) of the Lobbying Act applies to former designated public office holders who are employed by corporations. While they are generally restricted from lobbying, they may engage in communications with public office holders if it does not make up a “significant part” of their work. This interpretation aligns with the updated interpretation of “significant part of duties” described above and takes effect on January 19, 2026.

What this means for you

The two bulletins issued by the OCL have meaningful implications for corporations and organizations that are lobbying at the federal level, particularly with respect to how they manage compliance and monitor the activities of their employees. Clarifications offered by the OCL reinforce the need for precise internal tracking and risk management related to lobbying activities under the Lobbying Act.

First, the revised interpretation of the “significant part of duties” threshold directly affects how corporations calculate when registration obligations are triggered. Even if a corporation is already registered, it must ensure that it continuously monitors the cumulative lobbying time of all employees. Time spent preparing for or participating in meetings with public office holders, drafting communications, or engaging in grassroots campaigns all contribute to the eight-hour threshold in any four-week period.

Second, the updated guidance on the five-year lobbying ban for former designated public office holders introduces compliance considerations around hiring practices and role design. Corporations employing former designated public office holders must ensure that such individuals do not engage in lobbying activities that exceed the eight-hour threshold within a four-week window during the five years post-employment. Even occasional or incidental involvement in lobbying could become problematic if it accumulates to meet that threshold. It may be necessary to reassess the duties assigned to former designated public office holders and restructure their responsibilities to avoid regulatory breaches, particularly in roles that might otherwise require engagement with government stakeholders.

In short, the bulletins underscore the need for compliance protocols to track lobbying activity and evaluate the roles of both current employees and newly hired former designated public office holders through the lens of the Act’s clarified thresholds and restrictions.

Further changes are possible

The Commissioner of Lobbying has long expressed a desire to clarify and strengthen the enforcement of the Lobbying Act, and these new interpretation bulletins reflect that commitment. The updated guidance on the “significant part of duties” threshold and the five-year lobbying ban for former designated public office holders signals a renewed enforcement approach. Registrants should expect that these rules will be enforced, and the OCL will be monitoring for compliance. It must be recognized that the penalties for non-compliance are severe. They can include imprisonment of up to two years and a fine of up $200,000, not to mention reputational damage. 

In addition to these interpretive updates, the Commissioner has consistently called for a full legislative review of the Lobbying Act and has signaled interest in broader regulatory and legislative reform. As such, it is likely that further interpretation bulletins or guidance documents will follow as part of an ongoing modernization effort. While no specific timelines have been announced, the OCL’s current direction suggests a sustained push for reform. We will continue to monitor developments closely and advise on any new obligations or changes as they arise.

Our Government Affairs team provides guidance and advice on lobbying compliance and ethical obligations at the federal level (or provincial or municipal) and has collectively dealt with all the facets of lobbying requirements.  We are well-positioned to help you navigate the issues or questions arising from within your organization or with respect to OCL verification and investigations.