Title: Office of the Commissioner of Lobbying of Canada
1Office of the Commissioner of Lobbying of Canada
The Lobbying Act and In-House Lobbyists
(Corporations)Revised September 2008
2Why Do Lobbying Laws Exist ?
- To address the concern that some have more access
than others to government decision-makers, and
consequently, more ability to influence
decisions. - To contribute to confidence in the integrity of
government decision-making.
3Federal Legislation in Canada
- From 1965 to 1985, several initiatives relating
to public service ethics were introduced in
Parliament through Private Members Bills. - In 1985, these initiatives resulted in Bill C-82,
the first Lobbyists Registration Act (LRA) which
came into force in 1989. - In 1996 an updated LRA came into force, including
a Lobbyists Code of Conduct (Code). - Most recent amendments came into force June
20, 2005. - The Federal Accountability Act, which received
Royal Assent in December 2006, includes major
amendments to the LRA. - On July 2, 2008, the Lobbying Act (LA) came into
force.
4The Lobbying Act Preamble
- Free and open access to government is an
important matter of public interest. - Lobbying public office holders is a legitimate
activity. - It is desirable that public office holders and
the public be able to know who is engaged in
lobbying activities. - The system for the registration of paid lobbyists
should not impede free and open access to
government.
5What is Lobbying ?
- Lobbying is communicating with a public office
holder, for payment in respect of - The development of any legislative proposal,
- Introduction, defeat or amendment of any Bill or
resolution, - Making or amendment of any regulation,
- Development or amendment of any policy or
program, - Awarding of any grant, contribution or other
financial benefit, - In addition, for consultant lobbyists only
- Awarding of any contract,
- Arranging a meeting between a public office
holder and any other person.
6Public Office Holders (POH)
- Means any officer or employee of Her Majesty in
right of Canada and includes - A member of the Senate or the House of Commons
and any member of their staff, - A person who is appointed to any office or body
or with the approval of the Governor in Council
or a minister of the Crown, other than a judge
receiving a salary under the Judges Act or the
lieutenant governor of a province, - An officer, director or employee of any federal
board, commission or other tribunal as defined in
the Federal Courts Act, - A member of the Canadian Armed Forces, and
- A member of the Royal Canadian Mounted Police.
7In-House Lobbyist (Corporations)
- Who
- A person who is employed by an entity that
operates for profit, such as a bank or a
manufacturer. The entity is registered by its
most senior officer as a corporation that
lobbies, if lobbying constitute a significant
part of the duties of one employee or would
constitute a significant part of the duties of
one employee if they were performed by only one
employee. - Registration Timeframes
- Registration must be filed by the senior officer
responsible not later than two months after the
day on which the requirement to file a return
first arises.
8The Other Types of Lobbyist
- Consultant Lobbyist
- A person who is hired to communicate on behalf of
a client. This individual may be a professional
lobbyist but could also be any individual who, in
the course of his or her work for a client,
communicates with or arranges meetings with a
public office holder. - In-House Lobbyist (Organizations)
- A person who works for compensation in a
non-profit entity.
9Registration Information
- Details about certain individuals who
communicate with public office holders, such as - Name and addresses of the employees, employer,
corporation or subsidiaries, - A summary of the employers activities,
- Any government funding received,
- A list of employees a significant part of whose
duties are related to lobbying activities, - A second list of employees any part of whose
duties are related to lobbying activities but
without constituting a significant part of their
duties, - Subject matters of the communications and
targeted departments, - Indications if employees were previous POH or
designated POH with details of their duties, - Communication techniques.
10Whats New in the LA for In-House Lobbyists
(Corporations)?
- A Commissioner of Lobbying
- Concept of Designated Public Office Holder (DPOH)
- Mandatory On-line registration
- Monthly Disclosure of lobbying activities
- Post-employment prohibition on lobbying for DPOH
and designated members of Prime Ministers
transition teams - Extension of the period during which possible
summary conviction infractions or violations may
be investigated and/or prosecuted - Doubling of the monetary penalties
11Commissioner of Lobbying
- Independent Agent of Parliament
- Authority to enforce the LA and the Code
- Enhanced investigative powers
- The explicit duty to provide outreach and
educational programs - Employees of the Office of the Registrar of
Lobbyists have become staff of the Commissioners
Office
12Designated Public Office Holders (DPOH)
- The LA defines DPOH as
- A minister of the Crown or a minister of state
and any person employed in his or her office who
is appointed under subsection 128(1) of the
Public Service Employment Act, - Any other public office holder who, in a
department within the meaning of paragraph (a),
(a.1) or (d) of the definition department in
section 2 of the Financial Administration Act - occupies the senior executive position, whether
by the title of deputy minister, chief executive
officer or by some other title, or - is an associate deputy minister or an assistant
deputy minister or occupies a position of
comparable rank, and - Any individual who occupies a position that has
been designated by regulation under the
provisions of the Lobbying Act.
13Additional Designated Public Office Holders (DPOH)
- Eleven additional positions or classes of
positions as per the Designated Public Office
Holder Regulations. - Chief of the Defence Staff
- Vice Chief of the Defence Staff
- Chief of Maritime Staff
- Chief of Land Staff
- Chief of Air Staff
- Chief of Military Personnel
- Judge Advocate General
- Any positions of Senior Advisor to the Privy
Council Office to which the office holder is
appointed by the Governor in Council - Deputy Minister (Intergovernmental Affairs) Privy
Council Office - Comptroller General of Canada
- Any position to which the office holder is
appointed pursuant to paragraph 127.1(1)(a) or
(b) of the Public Employment Act
14On-Line Registration
- Mandatory electronic filing through the Lobbyist
Registration System has been prescribed by
regulation for - Initial returns
- Monthly reports
- Remains free of charge
- Paper filing authorized under special
circumstances - Due to a disability
- No access to a computer that would allow
electronic filing
15Changes to Initial Returns
- Requirement to disclose two lists, if employer is
a corporation - Section 7.(3)(f.1) of the LA
- (i) A list including the name of each senior
officer or employee a significant part of whose
duties is as described in paragraph 7.(1)(a), and - (ii) A second list including the name of each
other senior officer any part of whose duties is
as described in paragraph 7.(1)(a)but without
constituting a significant part. - In addition to indicating if the lobbyist is a
former public office holder, the return must also
disclose if the lobbyist is a former DPOH, the
offices held and the date they ceased to hold
such public office, and if the lobbyist has been
granted an exempted from the 5-year prohibition
on lobbying, the exemption number issued by the
Commissioner of Lobbying. - The new Lobbyists Registration Regulations (LRR)
requires that the registrant discloses the name
and a description to provide details of the
subject matter they have identified.
16Reporting of Government Funding
- The LRR new reporting requirements include
- Whether the entity in question receives funding
from a domestic or foreign government or
government agency, - The end-date of the entitys last completed
fiscal year, - The dollar amount of funding received in the
entitys last completed fiscal year, - The name of the entity that is providing the
funding, - Whether funding is expected in the entitys
current financial year.
17Monthly Disclosures
- Required no later than 15 days after the end of
every month if - Communication with a DPOH took place during the
month being reported upon, - Information contained in an active return is no
longer correct or additional information that the
lobbyist has become aware of should be included
in an active return, - The lobbying activities have terminated or no
longer require registration, - Five months have elapsed since the end of the
last month in which a return was filed.
18Monthly Disclosures (Continued)
- The monthly returns regarding communications
with a DPOH must include - Name and position title/rank,
- Government institution of the DPOH,
- Date of the communication,
- Subject matter of the communication,
- The Commissioner may verify with DPOH the
content of the monthly return.
19Communications With a DPOH
- A communication must be disclosed in a monthly
report if - It is both oral and arranged,
- It is requested by the lobbyist,
- There is a time interval between the request and
the communication, - The arranged communication is
- A phone conversation,
- A meeting,
- Any other oral communications.
-
- It is initiated by a DPOH when the subject matter
refers to the awarding of grants, contributions
or other financial benefits and the awarding of
any contract.
20Corrections and Proper Disclosure of Returns
- The LA allows the Commissioner to request
clarification to any return, which must be
submitted by the registrant within 30 days of the
request. - As per the LRR, corrections to a return requested
by the Commissioner must be submitted within 10
days of the request. In practice, a correction
would be required if information is missing,
incomplete, or incorrect.
215-Year Prohibition on Lobbying
- The LA prohibits, for a period of 5 years,
former DPOH and designated former members of
Prime Ministers transition teams from - Acting as a consultant lobbyist for the
prescribed period - Carrying and lobbying activities on behalf of an
organization for the prescribed period, - Being employed as an in-house lobbyist
(corporation) for the prescribed period if
lobbying constitute a significant part of the
individuals duties (20 rule).
22Exemptions to the 5-Year Prohibition on Lobbying
- It does not apply to any DPOH who occupied their
position only because of participation in an
employment exchange program such as Interchange
Canada. - The Commissioner may grant exemptions to the
5-year prohibition in certain situations
described in the Lobbying Act.
23Effective Dates for the Five-Year Prohibition
- For transition team members, the prohibition has
been effective for individuals who ceased to
carry out their function after January 24, 2006. - For all DPOH except Assistant Deputy Ministers
and individuals who are of equivalent rank, the
prohibition has been effective for those who
ceased such duties on or after July 2, 2008. - For Assistant Deputy Ministers and individuals
who are of an equivalent rank, the prohibition is
effective starting January 2, 2009, for those who
cease such duties after the six-month period
following July 2, 2008.
24Penalties (Breaches of the Act)
- Up to 50,000 and/or 6 months in jail on summary
conviction - Up to 200,000 and/or 2 years in jail on
indictment - Proceedings by way of summary conviction
- may be instituted at any time within , but no
later than 5 years after which the Commissioner
became aware of the subject matter of the
proceedings, and - no later than 10 years after which the subject
matter of proceedings arose.
25Lobbyists Code of Conduct
- Principles
- Integrity and Honesty
- Openness
- Professionalism
- Rules
- Transparency
- Confidentiality
- Conflict of Interest
26Sanctions (Breaches of the Code)
- No fines or jail sentences
- The Commissioner must table investigation reports
before both Houses of Parliament. - There is no limitation period for investigating
breaches of the Code.
27The New Lobbyists Registration System
- New registration module
- Improved search system
- Registrant and representatives dashboards
- Historical links
- Built-in annotation system
- Communication log module
- New system architecture
- Online tutorial
- For further information, consult Lobbying Act
Implementation Notice 8 on the OCL website
28OCL Web Site
- Registration Process
- Interpretation Bulletins
- Registry of Lobbyists
- Acts, Regulations Other Documents
- Lobbying Act Implementation Notices
- The Lobbying Act A summary of New Requirements
Brochure - Archives
- Media Room
- PowerPoint Presentations
29For More Information .
Office of the Commissioner of Lobbying 255
Albert Street10th FloorOttawa, Ontario K1A
0R5613-957-2760 www.ocl-cal.gc.ca