On January 19, 2026, a substantially lower threshold for registering as an "in-house lobbyist" will take effect. New guidance establishes an 8-hour threshold that can be met in a rolling 4-week period (the "8-in-4 Rule") slashing the current standard of 32 hours in a month (the "20% Rule") fourfold.
As a result, for-profit and non-profit corporations, trade unions, and industry associations that communicate with federal public office holders (elected officials, political staff, and public servants, among others) could become subject to registration and reporting requirements even for infrequent and relatively brief engagement with government.
The "20% Rule" becomes the "8-in-4 Rule"
Canada's Lobbying Act requires corporations and organizations to register with the Office of the Commissioner of Lobbying of Canada ("OCLC") if lobbying constitutes a "significant part" of an employee's duties.<1
Through an interpretation bulletin, the Commissioner of Lobbying of Canada has previously provided the guidance that the meaning of "significant part of duties" is 20% or more of one's overall duties in a one month period, with specific guidance on the type of activities that are captured.2 The "20% Rule" required businesses and organizations to register if one or more of their employees engaged in lobbying activities around one day per week, or about 32 hours per month.3
However, in a much-anticipated new interpretation bulletin published on July 16, 2025, that will take effect on January 19, 2026,4 the Commissioner has provided new guidance that the "significant part of duties" threshold will be met when the total volume of communications that one or more employees of an organization or corporation have with public office holders on registrable subject matter amounts to 8 or more hours in any given consecutive 4-week period.
Whether the 8-hour threshold is reached is computed by including time spent preparing to communicate with public office holders (research, drafting, planning, compiling, etc.) as well as time spent communicating with public office holders. The calculation is also cumulative, meaning a 30-minute meeting with public office holders attended by four employees would count for 2 hours toward the 8-hour threshold.
What This Means for "In-House Lobbyists"
The new lower threshold means that in-house lobbyists not yet registered and reporting to the OCLC will either need to significantly cut back on lobbying activities or their employer will need to file a registration return in the Registry of Lobbyists within two months of reaching the "significant part of duties" threshold, and begin reporting communications with designated public office holders in monthly communication reports, which are due by the 15th day of the month after the communication occurred.
McMillan is here to help companies and organizations understand their lobbying compliance obligations and to prepare for the lowering of the registration and reporting threshold.
Footnotes
1. Lobbying Act, RSC 1985, c. 44 (4th Supp.) ats. 7(1)(b).
2. Office of the Commissioner of Lobbying of Canada, "A significant part of duties ("The 20% Rule")" (modified 11 May 2022) A significant part of duties ("The 20% rule"); | Office of the Commissioner of Lobbying of Canada.
3. Office of the Commissioner of Lobbying of Canada, "A significant part of duties ("The 20% Rule")"; Evidence – ETHI (44-1) – No. 138 – House of Commons of Canadapara 1714; Office of the Commissioner of Lobbying of Canada, "Improving the Lobbying Act: Preliminary recommendations" (Last modified 13 February 2024) Improving the Lobbying Act: Preliminary recommendations; | Office of the Commissioner of Lobbying of Canada.
4. Office of the Commissioner of Lobbying of Canada, "Significant part of duties registration threshold for organizations and corporations" (modified 16 July 2025)Significant part of duties registration threshold for organizations and corporations ; | Office of the Commissioner of Lobbying of Canada.
With thanks to Nicole Davidson for her initial draft during her articling term.
The foregoing provides only an overview and does not constitute legal advice. Readers are cautioned against making any decisions based on this material alone. Rather, specific legal advice should be obtained.
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