Lobbyists’ Code of Conduct published in the Canada Gazette, takes effect July 1, 2023

News release

May 29, 2023 – Ottawa, ON

After three rounds of public consultation and a parliamentary study, the new edition of the Lobbyists’ Code of Conduct has been published in the Canada Gazette, Part 1 (volume 157, number 21). The updated standards for transparent and ethical lobbying of federal officials will come into force on July 1, 2023.

The updated Code is clear and comprehensive, making it easier to understand and apply. Expectations and rules related to disclosure, trustworthiness, gifts and hospitality, and sense of obligation are described in plain language and key terms are defined, sometimes with examples. Separate guidance documents are no longer required.

The new edition of the Lobbyists’ Code of Conduct introduces a low-value limit of $40 for gifts and hospitality to avoid the creation of a sense of obligation on the part of the official they lobby or expect to lobby. Provided that each gift or instance of hospitality complies with the low-value limit, a lobbyist may provide any combination of gifts or hospitality to a given official up to an annual maximum amount of $200.

Given the significant costs of sponsored travel, providing such travel to an official that they lobby or expect to lobby could reasonably be seen to create a sense of obligation on the part of that official, even where such sponsored travel would otherwise serve a legitimate purpose.

The gift rule does not prevent lobbyists from providing sponsored travel to officials they do not lobby or expect to lobby, nor does it prevent parliamentarians from accepting sponsored travel.

Lobbyists who engage in political work may now be subject to a 24- or 12-month cooling-off period.

Leadership or senior political roles, when performed for the official or their political party, are subject to a cooling-off period of 24 months, unless a reduction is granted by the Commissioner. Examples include serving as a designated spokesperson or campaign manager, serving in a senior position on a leadership or election campaign or serving on the executive of an electoral district association.

Lobbyists who engage in political roles, functions or tasks that involve defined interactions with the official or that are performed on a near to or full-time basis are subject to a cooling-off period of 12 months unless a reduction is granted by the Commissioner.

Lobbyists who engage in fundraising “that could reasonably be seen to be significant to the official” are subject to a cooling-off period up to 12 months determined by the Commissioner.

In finalizing the Code, Commissioner Bélanger carefully reviewed and considered the Standing Committee on Access to Information, Privacy and Ethics’s (ETHI) recommendations related to the rules on gifts, hospitality and senses of obligation following political work.

Commissioner Bélanger has written to ETHI to follow up on the Committee’s recommendations.

Registered lobbyists must continue to abide by the rules of the 2015 Code until June 30, 2023. Any concerns of non-compliance will be assessed under the set of rules in effect at the time of the lobbying or interaction.

The Code complements the Lobbying Act’s registration requirements and fosters transparent and ethical lobbying of federal officials. It is a non-statutory instrument that works alongside the ethical regimes applicable to federal officials.

Quotes

After several rounds of consultation and recommendations from ETHI, I am confident that this new edition of the Code will meet its objective of fostering transparent and ethical lobbying. I believe that we've struck the right balance.

I believe that our Code is at the forefront of ethical regimes for lobbyists and that we are raising the bar by adding clarity and making it easier to enforce.

The lobbying regime recognizes that free and open access to government is in the public interest. The low-value limit for gifts and hospitality will promote equitable access for all lobbyists and avoid creating a sense of obligation on the part of the official.

It would be inconsistent to prohibit a lobbyist from providing a token of appreciation or promotional item to an official valued at more than $40, but to allow them to provide sponsored travel worth thousands of dollars.

Quick facts

• Over 90 stakeholders provided submissions during three rounds of public consultation, held between 2020 and 2023
• Nearly 7,000 lobbyists listed in active registrations are subject to the Lobbyists’ Code of Conduct
• Canada is at the international forefront with a code of conduct for lobbying of government officials
  
  

Related information

• Lobbyists’ Code of Conduct
• Renewing the Lobbyists’ Code of Conduct – Updated standards for ethical and transparent lobbying
• ETHI – Third edition of the Lobbyists’ Code of Conduct (study)
• Preliminary recommendations for improving the Lobbying Act
• Comments received on draft updates to the Lobbyists’ Code of Conduct (2021 and 2022)

Contacts

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Email: media@lobbycanada.gc.ca

For general enquiries, please contact:

Email: info@lobbycanada.gc.ca