CANADIAN LOBBYING COMMISSIONER UNDERTAKES A CONSULTATION FOR A REVISION OF THE LOBBYISTS’ CODE OF CONDUCT

Rationale and background for the changes  

The Code has been revised to cover interactions between lobbyists and federal public office holders. All rules that relate to the client/lobbyist relationship have been removed. A new principle stresses the need for lobbyists to act in a manner that does not diminish public confidence and trust in government. Other amendments are intended to clarify the notion of conflict of interest. There are additional, more specific rules about preferential access, political activities and gifts. Also the role of the responsible officer in organizations and corporations has been clarified. Finally, the introduction to the Code was revised, in part to clarify who is subject to the Code, as well as the consequences for breaches.

A consultation period is to take place  from 16 October 2014 to 19 December 2014. As is required by the Lobbying Act, the Commissioner will refer the final Code to the House of Commons Standing Committee on Access to Information, Privacy and Ethics, prior to publishing it in the Canada Gazette.

Revised Lobbyists’ Code of Conduct for consultation

Introduction

The Commissioner has the authority, under the Lobbying Act, to develop and administer a Lobbyists' Code of Conduct (the Code). The first version of the Code came into effect on March 1, 1997. Following extensive public consultations, the Commissioner of Lobbying amended the Code. The revised Code was referred to the House of Commons Standing Committee on Access to Information, Privacy and Ethics on (date tbd), before being published in the Canada Gazette. This version of the Code came into force on (date tbd).

The purpose of the Code is to assure the Canadian public that lobbying of public office holders is done ethically and with the highest standards with a view to enhancing public confidence and trust in the integrity, objectivity and impartiality of government decision-making. In this regard, the Code complements the registration requirements of the Lobbying Act, which came into force on July 2, 2008.

The term "public office holder" as defined in the Lobbying Act includes Senators and Members of the House of Commons and their staff, officers and employees of federal departments and agencies, all governor-in council appointees, and members of the Canadian Armed Forces and the Royal Canadian Mounted Police.

The Code applies when a registration is required under the Lobbying Act, whether or not a registration has actually been filed. Specifically, the Code applies to individuals who are required to register or be listed in a registration under sections 5 or 7 of the Lobbying Act.

The preamble of the Lobbyists' Code of Conduct states its purposes and situates the Code in a broader context. The preamble is followed by a body of overarching principles and a set of specific rules. The principles set out the goals and objectives to be attained, while the accompanying rules provide more detailed requirements for behaviour related to the principles in applied situations. Lobbyists, when engaging in lobbying activities, shall meet the standards set out in the principles and rules of the Code.

Under the Lobbying Act, the Commissioner shall open an investigation when the Commissioner has reason to believe one is necessary to ensure compliance with the Act or the Code. The Commissioner of Lobbying has the authority to enforce the Lobbyists' Code of Conduct if there is an alleged breach of either a principle or a rule of the Code. The Code is a non-statutory instrument, and carries no fines or jail terms. Anyone suspecting non-compliance with the Code should forward information to the Commissioner. Investigations are conducted in accordance with the Lobbying Act and respecting the principles of natural justice. At the end of the investigation, the Commissioner shall table a Report in both Houses of Parliament, detailing the findings and conclusions and reasons for these conclusions.

Preamble

The Lobbyists' Code of Conduct is founded on four concepts stated in the Lobbying Act:

• Free and open access to government is an important matter of public interest;
• Lobbying public office holders is a legitimate activity;
• It is desirable that public office holders and the public be able to know who is engaged in lobbying activities; and,
• A system for the registration of paid lobbyists should not impede free and open access to government.

 The Lobbyists' Code of Conduct is an important instrument for promoting public trust in the integrity of government decision-making. The trust that Canadians place in public office holders to make decisions in the public interest is vital to a free and democratic society.

Public office holders, when they deal with the public and with lobbyists, are required to adhere to the standards set out for them in their own codes of conduct. For their part, lobbyists communicating with public office holders must also abide by standards of conduct, which are set out below.

Together, these codes contribute to public confidence in the integrity of government decision-making.

Principles

1. Integrity and Honesty: Lobbyists should conduct with integrity and honesty all relations with public office holders.
2. Openness: Lobbyists should be open and frank about their lobbying activities.
3. Professionalism: Lobbyists should observe the highest professional and ethical standards. In particular, lobbyists should conform fully with not only the letter but the spirit of the Lobbyists' Code of Conduct as well as with all the relevant laws, including the Lobbying Act and its regulations.
4. Respect for Democratic Institutions: Lobbyists should respect democratic institutions. They should act in a manner that does not diminish public confidence and trust in government.

Rules

Transparency

 Identity and purpose

1. A lobbyist shall, when communicating with a public office holder, disclose the identity of the person, organization or corporation on whose behalf the communication is made and the nature of the relationship with that person, organization or corporation, as well as the reasons for the approach.

Accurate information

2. A lobbyist shall provide information that is accurate and factual to public office holders in order to avoid misleading public office holders.

Disclosure of obligations

3. A consultant lobbyist shall inform each client of their obligations as a lobbyist under the Lobbying Act and the Lobbyists' Code of Conduct.

4. The responsible officer (the most senior paid employee) of an organization or corporation shall inform employees who lobby on the organization’s or corporation’s behalf of the responsible officer’s obligations under the Lobbying Act and the obligations of the employees under the Lobbyists’ Code of Conduct.

Confidential information

5. A lobbyist shall neither use nor disclose confidential information received from a public office holder, without the consent of the originating authority.

Conflict of Interest

6. A lobbyist shall not place public office holders in a real or apparent conflict of interest by proposing or undertaking any action that would constitute an improper influence on a public office holder.

In particular:

Preferential access

7. A consultant lobbyist shall not arrange for another person a meeting with a public office holder who is a relative or friend of the lobbyist or has financial or business dealings with the lobbyist.

8. A lobbyist shall not lobby a public office holder who is a relative or friend of the lobbyist or has financial or business dealings with the lobbyist. A lobbyist shall also not lobby other public office holders who work within that public office holder’s area of responsibility.

Political activities

9. A lobbyist shall not lobby a public office holder if political activities undertaken by the lobbyist prior to or at the same time as the lobbying activities create a sense of obligation which might bring into question the public office holder’s primary duty to uphold the public interest. A lobbyist shall also not lobby other public office holders who work within that public office holder’s area of responsibility.

Gifts

10. A lobbyist shall not provide or promise a gift, hospitality or other benefit that a public office holder is not allowed to accept