Summary — Improving the Lobbying Act: preliminary recommendations
These preliminary recommendations from the Commissioner of Lobbying aim to improve the Lobbying Act and the Lobbyists Registration Regulations. Further details on each recommendation is available in the submission provided to the House of Commons Standing Committee on Access to Information, Privacy and Ethics in February 2021.
These changes would strengthen the federal lobbying regime by improving the values of:
Transparency
Information about lobbying activities is reported and available to the public
Fairness
Requirements and processes are applied equally and equitably
Clarity
Requirements and processes are simple and easy to understand and apply
Efficiency
Requirements and processes do not require more time or resources than necessary
| 1. Amend the in-house lobbyist registration threshold Amend the Lobbying Act to remove the “significant part of duties” registration threshold for in-house lobbyists and replace it with an obligation to register lobbying activities by default unless a limited exemption based on objective criteria applies. |
Act 7(1)(b) |
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| 2. Harmonize registration time limits Amend the Lobbying Act to harmonize the registration deadline for consultant and in-house lobbyists to 15 days. |
Act 5(1.1) • 7(2) |
T | F | ||
| 3. Make reporting requirements the same for all in-house lobbyist registrations Amend the Lobbying Act to make all corporations and organizations subject to the same registration requirements. |
Act 7(3) |
T | F | C | E |
| 4. Deem members of boards of directors to be employees of corporations and organizations Amend the Lobbying Act to deem paid members of boards of directors to be employees of corporations and organizations for the purposes of the Act. |
Act 7(3) • 7(6) Regulations 5(a) • 5(b) |
T | C | E | |
| 5. Expand reporting requirements for monthly communication reports Amend the Lobbyists Registration Regulations so that monthly communication reports are required for all oral communications with designated public office holders and list all those who participated in the communication. |
Act 5(3)(a) Regulations 6 • 7 • 9 • 10 |
T | F | C | |
| 6. Add reporting of additional contextual information in monthly communication reports Amend the Lobbying Act to require that registrants disclose prescribed contextual information in their monthly communication reports. |
Act 5(3) • 7(4) |
T | E | ||
| 7. Harmonize the five-year prohibition on lobbying Amend the Lobbying Act to harmonize the five-year post-employment prohibition on lobbying by making former designated public office holders subject to the same post-employment restrictions regardless of whether they are employed by a corporation or an organization. |
Act 10.11(1) |
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| 8. Introduce new compliance measures Amend the Lobbying Act to add a range of compliance measures, including training, administrative monetary penalties and temporary prohibitions, to allow for greater flexibility and proportionality in addressing contraventions of the Act. |
New | T | F | E | |
| 9. Make orders enforceable Amend the Lobbying Act to allow orders, i.e. summonses and production orders, issued by the Commissioner of Lobbying to become orders of the Federal Court. |
Act 10.4(2) |
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| 10. Allow referrals to appropriate authority Amend the Lobbying Act to allow referrals relating to alleged offences under the Lobbying Act or other federal or provincial legislation to be made not only to peace officers, but also to any other appropriate authority, including the Commissioner of Lobbying’s provincial counterparts. |
Act 10.4(6)(c) • 10.4(7) |
C | E | ||
| 11. Provide immunity against civil or criminal proceedings Amend the Lobbying Act to provide immunity against civil or criminal proceedings for the Commissioner of Lobbying and those acting on behalf or under the direction of the Commissioner. |
New | C |
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