Yesterday, the Government of Canada formally responded to the
May 14, 2012 Parliamentary Standing Committee on Access to
Information, Privacy and Ethics report with respect to the
Statutory Review of the Lobbying Act. Under the Act, a
review is required every five years. While "concluding the Act
is generally working well in accordance with its
objectives,"1 the Committee had issued eleven
recommendations for changes to the Lobbying Act. In
response the Government of Canada, without indicating it would
pursue any immediate legislative action to modify the Act,
addressed each of the committee's recommendations. In doing so
it emphasized its desire to "improve the transparency and
accountability aims of the legislation while maintaining balance
amongst the Act's objectives."2
1. Full Support
The Government indicated it was supportive of Committee
recommendations #5 and #9.
Recommendation 5: Ensure that monthly
communications reports contain the names of all in‐house
lobbyists who attended oral pre‐arranged meetings [in
addition to the senior reporting officer].
Recommendation 9: The five‐year ban
should be retained, and post‐employment restrictions on
public office holders should be interpreted and administered by a
2. Qualified Support
The Government offered qualified support of several
recommendations by agreeing with their intent but suggesting it
will investigate means of implementation that will "minimize
Recommendation 1: All public servants serving
in a Director General's position, or serving in a more senior
position than Director General, should now be considered Designated
Public Office Holders and held subject to all applicable laws
governing this designation.
Recommendation 3: Eliminate the distinction
between in‐house lobbyists (corporations) and in house
Recommendation 4: Require in‐house
lobbyists to file a registration, along with the senior officer of
the company or organization.
Recommendation 6: Allow board members
(corporation and association directors), partners and sole
proprietors to be included in an in‐house lobbyist's
Recommendation 7: Impose an explicit ban on the
receipt of gifts from lobbyists.
Recommendation 8: Prohibit an individual or
entity from lobbying the government on a subject matter, if they
have a contract to provide advice to a public office holder on the
same subject matter.
3. Lack of Support
The Government indicated it will "take note" of
Committee recommendations #2, # 10, and #11, which suggests it is
unlikely to address them at this time or the near
Recommendation 2: Remove the 'significant
part of duties' threshold for in‐house lobbyists.
Recommendation 10: Enshrine the administrative
review process in the Act.
Recommendation 11: Empower the Commissioner of
Lobbying to impose administrative monetary penalties. Perhaps
consider temporary bans for breaches of the law (as in the
Newfoundland and Labrador and Quebec provincial legislation).
Though the Government has indicated it will support certain
recommendations and further investigate others, it has not outlined
a legislative timeline or process for implementation. Changes to
the Act will not take place until new legislation is
FMC is one of Canada's leading business and litigation law
firms with more than 500 lawyers in six full-service offices
located in the country's key business centres. We focus on
providing outstanding service and value to our clients, and we
strive to excel as a workplace of choice for our people. Regardless
of where you choose to do business in Canada, our strong team of
professionals possess knowledge and expertise on regional, national
and cross-border matters. FMC's well-earned reputation for
consistently delivering the highest quality legal services and
counsel to our clients is complemented by an ongoing commitment to
diversity and inclusion to broaden our insight and perspective on
our clients' needs. Visit:
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
There are reports that President Trump is considering an Executive Order to require the Department of Homeland Security, and in particular USCBP, to ask foreign visitors to provide information about their social media profiles...
Yesterday we released a post addressing a recent incident with Toronto Police and an innocent bystander, who decided to record the police while they were apprehending a suspect near Ryerson University earlier in the week.
Opening against newly-elected Prime Minister Justin Trudeau's pledge of a "renewed, nation-to-nation relationship with Aboriginal peoples," 2016 was a year of great expectations for Canadian Aboriginal law.
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).