History and Evolution

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Office of the Commissioner of Lobbying of Canada
Commissariat au lobbying du Canada
The Lobbying ActandIn-House Lobbyists
(Corporations)Revised June 2009

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Why 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.

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Federal 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).
• Previous amendments to enhance transparency 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.

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The 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.

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What 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.

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Public 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.

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In-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 constitutes 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.

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The 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.

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Registration 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.

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Whats 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

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Commissioner 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

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Designated 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.

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Additional 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

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Criteria for Designation of Comparable Rank

• Criteria
• For a position to be considered of comparable
  rank to an associate or assistant deputy minister
  (ADM), it must meet the following criteria
• 1) The position is classified at the EX-04 level
  or higher
• or
• 2) The positions salary is at the EX-04 or
  higher
• and
• 3) The position reports directly to a DPOH.
• Please see Treasury Board of Canada
  Secretariats Web site for the most current
  Executive pay levels.

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Acting Appointments in DPOH Positions

• An individual in an acting appointment will be
  designated as a DPOH if both of the following
  conditions are met
• The acting position is a DPOH position as defined
  in the Lobbying Act, designated by regulation or
  a position of comparable rank and
• The duration of the acting appointment is longer
  than four months - over a twelve month period.
• If both of these conditions are present, the
  incumbent will be designated a DPOH, effective
  the day after the 4-month threshold is reached.
  The incumbent will be designated a DPOH for the
  duration of their acting appointment.

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On-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

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Changes 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.

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Reporting 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.

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Monthly 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.

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Monthly 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.

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Communications 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.

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Corrections and Proper Disclosure of Returns

• 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.
• The LA allows the Commissioner to request
  clarification to any return, which must be
  submitted by the registrant within 30 days of the
  request.

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5-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).

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Exemptions 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.

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Penalties (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.

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Lobbyists Code of Conduct

• Principles
• Integrity and Honesty
• Openness
• Professionalism
• Rules
• Transparency
• Confidentiality
• Conflict of Interest

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Sanctions (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.

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The 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

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OCL 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

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For More Information .
Office of the Commissioner of Lobbying 255
Albert Street10th FloorOttawa, Ontario K1A
0R5613-957-2760 www.ocl-cal.gc.ca