Office of the Commissioner of Lobbying of Canada

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Office of the Commissioner of Lobbying of Canada
The Lobbying Act and In-House Lobbyists
(Corporations)Revised September 2008

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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).
• 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.

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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 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.

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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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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

• 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.

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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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Effective 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.

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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