חומר רקע
Canada’s Lobbying Act
Joe Wild
Assistant Secretary to the Cabinet for
Machinery of Government
Privy Council Office
Government of Canada
Core principles
As stated in preamble to the Lobbying Act:
– 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
– a system for the registration of paid lobbyists
should not impede free and open access to
government
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Evolution of lobbying legislation
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1989
2012
Registration only required where
“intent to influence”
Registration required for any
communication on prescribed
subjects
Limited information required from
lobbyists (e.g. names, addresses)
Full identification of lobbyists, clients,
employers, controlling interests,
targets and subject matter
No information required on specific
communications
Monthly disclosure of specific
communications
Administered by registrar within
government with no investigative
powers
Administered by Commissioner
independent from government with
full investigative powers
No rules for how lobbying conducted
Lobbyists must comply with
Lobbyists’ Code of Conduct
What is lobbying?
Lobbying = communication with a
public office holder*
about …
– legislative proposals
– changes to regulations, policies and
programs
– awarding of contracts, grants and
other financial benefits
– arranging meetings with public office
holders
… in a professional capacity (paid,
not volunteer or on own behalf)
*public office holders =
virtually all public officials,
including all Members of
the House of Commons
and Senate, Ministers,
political staff, government
employees, and members
of armed forces and
federal police
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Scope of Act defined by type of activity, not
who is conducting it
What is not lobbying?
• Communication from other governments
(provincial, municipal, First Nations,
international)
• Submissions to parliamentary committees
and other public proceedings
• Requests for information
• Representations on behalf of a party with
respect to the application or enforcement
of a law
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Consultant and in-house lobbying
• Consultants who lobby on behalf of clients
must file individual registrations
– e.g., members of government relations or
legal firms
• Corporations and organizations must file
registrations if they use their own “in-
house” employees or officers to lobby
– Includes for-profit corporations, industry
associations, unions, non-profit organizations,
interest groups, charities, etc.
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The lobbying industry
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Source: Commissioner of Lobbying
Type of
lobbyists
2006
2007
2008
2009
2010
2011
Consultant
lobbyists
732
860
867
873
753
814
Individuals
within
organizations
2,306
2,539
2,439
2,936
2,725
2,507
Individuals
within
corporations
1,809
1,882
1,754
1,817
1,791
1,808
Total
4,847
5,281
5,060
5,626
5,269
5,129
Providing transparency
• Registrations must be filed with Commissioner of
Lobbying, identifying:
– Who is engaged in lobbying, their clients and
employers, and lobbying targets
– Subject matter of lobbying, including relevant
legislative proposals, resolutions, regulations,
policies, programs, financial benefits or contracts;
– Former public offices held by lobbyists
– Communication techniques (including “grass roots”
lobbying)
• Published online by the Commissioner of
Lobbying @ www.ocl-cal.gc.ca
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Monthly communication reports
• Lobbyists must provide monthly reports on
specific meetings and telephone calls they have
initiated with officials with direct influence on
government decision-making:
– “designated public office holders” = Members of
House of Commons and Senate, Ministers, political
staff, senior public servants (assistant deputy minister
and above)
• Must also include communications initiated by
officials about contracts and financial benefits
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Commissioner of Lobbying
• Administers registry
• Verifies information filed by lobbyists
• Investigates alleged violations, and reports
directly to Parliament
• Refers possible offences to police
• Education and awareness campaigns for
lobbyists and public office holders
• Develops and administers code of conduct
for lobbyists
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Lobbyists’ Code of Conduct
Lobbyists must:
– Clearly identify themselves
– Provide accurate and factual information to public
office holders
– Disclose to clients and employers their obligations
under Lobbying Act
– Not divulge confidential information
– Not use insider information to detriment of clients and
employers
– Avoid conflicts of interest, and placing public office
holders in conflict of interest
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Prohibitions and offences
• Lobbyists may not receive “contingency fees”
• Former designated public office holders may not
lobby government for 5 years after leaving office
• Maximum penalties:
– Failing to register, or giving false information to
Commissioner: $200,000 / 2 years imprisonment
– Other breaches of Act: $50,000
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Enforcement outcomes
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closed because
allegations unfounded
closed because
information unavailable
or subject to previous
reports
founded, subject to
education and
monitoring measures
subject to full
investigation (leading to
report to Parliament)
referred to police
Outcome of administrative reviews,
2010-11
Source: Commissioner of Lobbying
Since 2005:
• 11 cases referred
to police (1
prosecution)
• 12 investigation
reports to
Parliament (10
finding breaches
of Act or Code)
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2
2
3
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2012 parliamentary review
• Issues considered by parliamentary
committee:
– Enforcement powers of Commissioner
– Interrelation with Conflict of Interest Act
– Thresholds for registration and 5-year
prohibition
– Scope of “designated public office holder”
category
• Government Response September 2012
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