On January 28, the Lieutenant Governor General of Ontario, the Honourable Edith Dumont, granted Premier Ford's request to dissolve the legislature for an early election call that officially began on Wednesday, January 29. The election date, which is set for February 27, will be held more than a year in advance of what was to be the next fixed election date of June 2026.
While Premier Ford won a majority government two and a half years ago, he now seeks a clear mandate to address the impending threat of President Trump's imposition of 25 per cent tariffs on Canadian imports to the United States. That threat has now materialized. President Trump has signed the Executive Order imposing tariffs on Canada as of Feb. 4, 2025, now with a reprieve of at least 30 days.
Lobbying never stops because of an election. Considering the exceptional circumstances, businesses will likely be more engaged in lobbying activities and must be mindful of the lobbying registration rules and ethics of lobbying in Ontario during an election campaign.
A. Guidance for lobbyists during and after an election
The Integrity Commissioner of Ontario ("Commissioner") has issued Guidance for Lobbyists During and After an Election to help in-house lobbyists and consultant lobbyists ("lobbyists") manage their registrations during and after the election. Highlights include:
Lobbyists are not required to amend their registrations because the election is underway. The Commissioner recommends lobbyists continue to register their lobbying activities in the normal course, for all types of public office holders during the election and make the necessary changes after the election. The Lobbyists Registration Act,1998 defines public office holders as:
- Any minister, officer or employee of the Crown
- A member of the Legislative Assemblyand any person on his or her staff
- A person who is appointed to any office or body by or with the approval of the Lieutenant Governor in Council or a minister of the Crown, other than a judge or a justice of the peace
- An officer, director or employee of any agency, board or commission of the Crown
- A member of the Ontario Provincial Police
- An officer, director or employee of:
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- Ontario Power Generation Inc. and each of its subsidiaries
- Independent Electricity System Operator1
It is important to note that a Member Provincial Parliament ("MPP") no longer meets the definition of public office holder when the Legislative Assembly is dissolved for an election. For that reason, it is not required for lobbyists to list MPPs as "lobbying targets" in their lobbying registrations during an election.
Cabinet ministers continue in office, throughout the election period and after if re-appointed. They continue to be public office holders until a new government is sworn-in by the Lieutenant Governor General. Lobbyists must continue to include Cabinet Ministers as lobbying targets, including ministerial staff who retain their position in a minister's office during the election.
Lobbyists must update their lobbying returns after an election to make the necessary changes in information regarding an MPP who is not re-elected, or no longer holds a parliamentary committee activity that made him/her the focus of lobbying before the election, or a Cabinet minister who is not re-elected, switches ministries, or the ministry structure/name has changed. Lobbyists must update their registrations within 30 days from the date of the ministry name is changed to remain compliant with the Act.2
B. Other compliance issues related to a provincial election
Some political activities may put the public office holder in a conflict situation or affect the lobbyists' future lobbying activities. The Members Integrity Act, 1994, defines conflict of interest as a decision that can further the MPPs private interest or improperly further another person's private interest 3. Another person's private interest applies to an organization or corporation in the case of an in-house lobbyist, and a client in the case of a consultant lobbyist.
1. Political work during a provincial election
It is a breach of the Lobbyists Registration Act,1998, to knowingly place a public office holder in a position of a real or potential conflict of interest.4 The Commissioner can investigate this type of non-compliance and issue penalties to lobbyists. If a lobbyist chooses to take part in political activity for a certain candidate seeking election or re-election, that activity may prohibit the lobbyist from lobbying that candidate in the future, if elected, or if they become "public office holders," such as a public appointee.
Political work falls along a risk spectrum with some activities being higher risk than others for putting an MPP in a real or potential conflict of interest. They include serving on a MPP's campaign team, organizing a political fundraiser or being a member of the board of directors of an MPP's constituency association. Lower risk activities include attending a political fundraiser or displaying campaign signs, for example. It would be prudent for lobbyists who engage in higher risk political activity to seek clarification from the Commissioner on the impact of their political work on future lobbying activities.
2. Gift giving during a provincial election
The gift giving prohibition of the Members Integrity Act, 1994 continue to apply to MPPs who are running for re-election during the election period.5 There are exceptions to this rule.
The prohibition does not apply to:
(a) Compensation authorized by law.
(b) A gift or personal benefit that is received as an incident of the protocol, customs or social obligations that normally accompany the responsibilities of office.
(c) A fee, gift or personal benefit that is given, directly or indirectly, by or on behalf of a political party, constituency association, candidate or leadership contestant registered under the Election Finances Act, including remuneration or financial assistance.
(d) Any other gift or personal benefit, if the Commissioner is of the opinion, it is unlikely that receipt of the gift or benefit gives rise to a reasonable presumption that the gift or benefit was given in order to influence the member in the performance of his or her duties.6
Again, it is prudent to seek the approval of the Commissioner before giving a gift or personal benefit that do not meet the criteria for exceptions to the gift giving prohibition.
If you have questions about complying with the lobbying registration rules, conflict of interest rules or ethics of lobbying during this election period, please contact one of our dedicated legal specialists who, collectively, have dealt with all the facets of lobbying compliance, to obtain the guidance and advice that you require. We would be pleased to assist you.
Footnotes
1. Lobbyists Registration Act, 1998, S.O. 1998, c. 27, Sched., at s. 1(1).
2. Ibid, at s. 6 (3.1).
3. Members' Integrity Act, 1994, S.O. 1994, c. 38 at s. 2.
4. Supra, note 2 at s. 3.4.
5. Supra, note 4 at s.1.
6. Ibid, at s. 2.
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