
Association Advocacy
public disclosure
Organizations in the United States, Canada, and Mexico can advocate with their lawmakers.
Federal, State/Provincial, and some local jurisdictions require registration under some conditions.
Non-profit organizations have additional restrictions to maintain their status.
Ordinary citizens conducting everyday communications with government officials acting on their own behalf and without financial compensation are generally free and unregulated in the United States, Canada, and Mexico.
If you are speaking on behalf of your organization, you may be subject to lobbying regulations in those jurisdictions.
Find Your Elected Officials - US

Find Your Elected Officials - Canada
Encuentre a sus funcionarios electos - México
UNITED STATES
Public Gardens must register as lobbying organizations when their in-house staff activities or financial expenditures cross specific federal, state, or local thresholds. These thresholds are generally large and meant to make the process less onerous while respecting First Amendment rights.
In the United States, there are specific disclosure requirements for all organizations at the federal level, subject to minimum levels, for all contacts with legislators and government officials. 501(c)(3) organizations are subject to IRS limitations on contacts regarding specific legislation or government regulation.
ADVOCACY
A broad term covering a range of activities that includes “lobbying” but also including issue education, executive branch activities, issue organizing, and nonpartisan voter engagement.
Non-profits should always ensure that advocacy work is undertaken in support of the mission of the organization.
For almost all public gardens in North America – including all charitable and government-related institutions – this means no partisan politics.
LOBBYING
- Direct Communication with government officials
- The IRS defines this as an attempt to influence specific government policy or legislation.
- Grassroots Lobbying – mobilizing your members, visitors, and followers.
Federal - Congress
An individual or firm must register with the U.S. Senate Public Disclosure and the Office of the Clerk of the U.S. House of Representatives when they meet specific criteria:
- Organizations: Total expenses for lobbying activities exceed $16,000 in a quarterly period.
- Time Spent: An employee spends more than 20% of their total time on lobbying activities for their organization over a three-month period and makes more than one lobbying contact.
IRS - 501(c)(3) organizations
- The “Substantial Part” Test (Default): This rule is generally interpreted to mean keeping lobbying under about 5% of an organization’s overall time and effort.
- The 501(h) Election: By filing IRS Form 5768, a public charity opts into clear dollar limits based on its annual exempt-purpose expenditures with an upper limit of $1,000,000.
- Grassroots Lobbying Limit: Trying to influence the general public on legislation is capped at a separate limit of 25% of the total allowable lobbying amount.
- Federal monies received by an organization does not count towards these limits.
State/Local

CANADA
Au Canada, les activités de lobbying menées par des organismes à but non lucratif sont tout à fait légales et protégées ; toutefois, ces organismes sont tenus de respecter des règles d’enregistrement strictes si leur personnel consacre collectivement huit heures ou plus à de telles activités sur une période de quatre semaines. Les organismes de bienfaisance canadiens ne sont soumis à aucune restriction quant aux ressources totales qu’ils peuvent consacrer aux activités non partisanes de dialogue et d’élaboration de politiques publiques (PPDDA) — lesquelles englobent le plaidoyer et le lobbying — pour autant que ces activités s’inscrivent dans le cadre de leur mission caritative.
ADVOCACY
- The Canada Revenue Agency (CRA) regulates non-profits and registered charities, allowing them to engage in non-partisan public policy dialogue and development activities to support their purposes.
- Canadian non-profits cannot support or oppose specific political parties or candidates.
- Organizations engaging in direct communication with public office holders may need to register under federal or provincial lobbyist transparency acts.
LOBBYING
The legal definition applies specifically to paid or compensated lobbying; purely voluntary advocacy is generally exempt from formal registration.
Federal
- Collective Hours: This 8-hour limit combines the time of all employees, including preparation, research, emails, phone calls, and meetings with public office holders.
- Who Registers: The most senior compensated officer (such as the CEO or Executive Director) must file the in-house registration for the organization.
Provincial/Local
Federal lobbying rules do not apply to provincial officials. Organizations must look to the specific provincial registry where they intend to communicate with provincial MLAs, public servants, or provincial agency personnel.
All ten provinces have independent lobbying legislation:
- Alberta: Lobbyists Act
- British Columbia: Lobbyists Transparency Act
- Manitoba: The Lobbyists Registration Act
- New Brunswick: Lobbyists’ Registration Act
- Newfoundland and Labrador: Lobbyist Registration Act
- Nova Scotia: Lobbyists’ Registration Act
- Ontario: Lobbyists Registration Act, 1998
- Prince Edward Island: Lobbyists Registration Act
- Quebec: Lobbying Transparency and Ethics Act
- Saskatchewan: The Lobbyists Act
MÉXICO
DEFENSA
- Civil Association (Asociación Civil or A.C.): The most common structure for non-profits, formed by two or more people for non-economic, cultural, sporting, or social purposes.
- Mexican non-profits cannot support or oppose specific political parties or candidates.
- Any organizations engaging in direct communication with public office holders may need to register under federal or provincial lobbyist transparency acts.
CABILDEO
- Grupos cívicos: Las organizaciones sin fines de lucro operan bajo estructuras como las asociaciones civiles, regidas por los códigos civiles locales. Learn more at Council on Foundations.
- Reglas iguales: las organizaciones sin fines de lucro deben cumplir las mismas normas de transparencia en materia de cabildeo que los cabilderos corporativos si intentan modificar leyes.
Federal
- Lobbyist Registry: Individuals and entities—including non-profit organizations and individuals advocating for third parties—must register at the beginning of each legislative term in the official public lobbying registries.Registration requires identification, proof of address, and disclosure of congressional committees or areas of interest
Because Mexico has a federal structure and individual states maintain their own congresses, lobbying rules can vary significantly across different Mexican states
SAT Rules
To maintain tax-exempt status (“authorized donee” status) via Mexico’s tax authority (SAT), organizations must operate on a non-profit, non-political, and non-religious basis, which often blurs the line regarding how much direct policy lobbying they can undertake without risking administrative penalties.


