Major changes to key guidance from Canada’s Lobbying Commissioner will significantly increase the number of companies subject to registration requirements under Canadian lobbying law. The principal net effect of these interpretive changes is that many parties who do not currently consider themselves “lobbyists” will now be subject to Canada’s strict federal lobbying registration and reporting system. Remarkably, these changes have come about without a change in legislation.
Overview
The Office of the Commissioner of Lobbying of Canada (OCL) has released a new interpretation that will require businesses to register in-house lobbyists when the time that all employees spend lobbying, in the aggregate, is eight hours or more in any four-week period (New Significant Duties Interpretation). Related guidance will prohibit former “designated public office holders” (Former DPOHs) from engaging in lobbying for eight or more hours in any four-week period (New Former DPOH Interpretation). Both interpretations come into effect on January 19, 2026 (Effective Date).
These new interpretations will dramatically change the federal lobbying regime, reducing the de minimus threshold below which no registration is required from 28 hours to 8 hours over a four-week period. Going forward, nearly all in-house interactions with federal officials will require registration, other than truly de minimus one-off meetings. Additionally, these new interpretations will materially limit the ability of former senior public office holders employed by businesses to rely on the threshold exemption in engaging in post-employment lobbying.
The Registration Threshold
The federal Lobbying Act provides that an organization or corporation must only register if the time its employees spend lobbying would, had it been done by a single employee, represent a “significant part of the duties” of that employee.
Under its historical interpretation, the OCL considers “significant part of the duties” to mean 20% or more of an average employee’s work hours in any given month. In practice, based on a 35-hour work week and a four-week month, this amounts to 28 hours per month.
The New Significant Duties Interpretation will materially lower this registration threshold. As of January 19, 2026, registration will be required if all employees, in the aggregate, spend eight or more hours lobbying in any four-week period.
Furthermore, in determining whether their activities reach the eight-hour threshold, businesses must take into account all of the following:
- Time spent directly communicating with public office holders
- Time preparing for such communications (e.g., research, travel and preparing visual aids)
- Time engaging in grassroots lobbying (i.e., appealing to the public to communicate with a public office holder)
Former Public Office Holders
A related interpretation was also released, which restricts the ability of Former DPOHs to engage in lobbying. These are individuals who, in the preceding five years, were cabinet ministers, deputy ministers, assistant/associate deputy ministers, chief executive officers and other senior government officials.
Under the Lobbying Act, Former DPOHs employed by corporations can engage in minimal lobbying activities, provided that lobbying work does not constitute a “significant part of the duties” of such Former DPOH. Lobbying that constitutes a “significant part of the duties” of Former DPOH is prohibited.
Under the New Former DPOH Interpretation, the OCL has decided to apply the same “significant part of the duties” eight-hour threshold. Accordingly, Former DPOHs will be prohibited from spending eight or more hours lobbying (including preparation time) in any four-week period.
Importantly, the reduced threshold will not apply to Former DPOHs hired before the New Former DPOH Interpretation was published on July 16, 2025 (Publishing Date). Provided that these Former DPOHs remain employed by the same corporation, they may continue to engage in up to 32 hours of lobbying activity, even after the New Former DPOH Interpretation comes into effect. Any Former DPOH hired between the Publishing Date and the Effective Date will be subject to the 32-hour threshold until the Publishing Date and the new 8-hour threshold thereafter.
Lists of Lobbyists
Finally, the new guidance will also impact which individuals a company lists on the federal registry. Historically, only senior officers who lobbied and individuals who individually exceeded the “significant part” threshold needed to be registered. This second group will now mean that many in-house lobbyists who are not senior officers and who spend between 8 and 28 hours a month lobbying will now be caught by the registration obligation.
Next Steps
Businesses and other entities with employees who may be engaged in lobbying should implement practices to track the time spent lobbying (including preparation time) by all employees and consider whether they will be required to register under the new interpretation.
Failure to comply can lead to significant statutory consequences (ranging from prohibitions on lobbying to six-figure fines to, theoretically, prison time for senior executives) and non-legal consequences (notably, reputational harm).
Similarly, corporations that employ Former DPOHs, and especially those that are seeking to hire Former DPOHs, must consider the restrictions on these individuals’ lobbying activities for the five years after they leave office.
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