Guidance for Lobbyists

Notice regarding the enforcement of the Lobbyists' Code of Conduct

Triggering Powers of Investigation through Alleged Breaches of a Principle or Rule

The introduction of the Lobbyists' Code of Conduct states that:

"The Commissioner of Lobbying has the authority to administer and enforce the Lobbyists' Code of Conduct if there is an alleged breach of either a principle or a rule of the Code"

The Commissioner holds that a breach of a principle is as feasible as a breach of a rule. In fact, she sees them as interrelated, such that breaching a rule likely breaches its related principle. For example, a lobbyist, who does not provide accurate and factual information to a public office holder, breaches Rule 2 of the Code, Accurate Information, and arguably, breaches aspects of the Principles of Integrity and Honesty, and that of Professionalism as well.

Given the interrelationship of a rule to a principle, the powers of investigation of the Commissioner of Lobbying can be triggered in the case of both breaches of principles and rules of the Code. Section 10.4 (1) of the Lobbying Act states that "the Commissioner shall conduct an investigation if he or she has reason to be believe … that an investigation is necessary to ensure compliance with the Act or the Code, as applicable."