Transition to the 2023 Code – What to know

The 2023 Code is designed with rules that reinforce transparent and ethical lobbying which in turn contributes to public confidence in government institutions and officials. Definitions of key terms explain technical or legal meaning, and some include examples.

New Code takes effect July 1, 2023

The 2023 edition of the Lobbyists’ Code of Conduct was published in the Canada Gazette on May 27, 2023 and will come into force on July 1, 2023.

If you are a registered lobbyist:

• you must continue to follow the 2015 Code's rules until June 30, 2023 (end of day)
• you must comply 2023 Code's rules starting on July 1, 2023

If you are a registered lobbyist, it is important that you read the 2023 Code, including the definitions.

If you are the registrant for an employer, you have a crucial role to ensure that the employees who lobby on the employer’s behalf are informed of their obligations under the 2023 Code.

Transition from the 2015 to 2023 rules

Any concerns of non-compliance will be assessed under the set of rules in effect at the time of the lobbying or interaction.

New rules and limits on gifts and hospitality

Only very specific gifts and hospitality can be provided under the 2023 Code, and they are subject to spending limits. Be sure to read all related definitions carefully.

The 2023 Code sets limits on gifts and hospitality that a lobbyist can provide to an official within a calendar year. No allowed gift or instance of hospitality can exceed $40, and the combined value of all such gifts and hospitality provided to the same official in a year cannot exceed $200.

To help with transition and adjustment to the new annual spending limit, you are allowed to use the 2023 Code's full annual limit ($200 per official) between July 1, 2023 and December 31, 2023 — even if you provided gifts and hospitality to the official prior to July 2023.

Senses of obligation related to close relationships, political work and other circumstances

The 2023 Code has rules requiring that you never lobby an official that could reasonably be seen to have a sense of obligation towards you because:

• you have a close relationship with the official
• you are doing or have done political work for the benefit of the official
• of circumstances beyond the scope of the Code’s other rules

Where a sense of obligation may reasonably be seen to exist in relation to an official that you have been lobbying or expect to lobby – including but not limited to the circumstances below – it is recommended that you reach out to your registration advisor:

• to clarify whether you have a close relationship with the official, if your relationship is similar in nature but not clearly within the related definition and examples
• to confirm if you are subject to a cooling-off period, should you currently be doing or have previously done political work for the benefit of the official anytime since July 1, 2021
• to seek advice on the appropriateness of lobbying where significant gifts and/or hospitality have previously been provided to the official in 2023, in light of the general sense of obligation rule (4.3)

Background

To learn why the Code was updated, please see the information referred to parliamentary committee in November 2022: Renewing the Lobbyists’ Code of Conduct: updated standards for ethical and transparent lobbying.

In early 2023, the House of Commons Standing Committee on Access to Information, Privacy and Ethics studied the Code updates. After considering recommendations made by the Committee, the Commissioner finalized the 2023 Code before publication in the Canada Gazette in May 2023.