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Lecture 7

MGSC14H3 Lecture 7: MGSC14 - Lobbying notes


Department
Management
Course Code
MGSC14H3
Professor
Prof.Constantinou
Lecture
7

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Federal Lobbying Act
WHAT IS LOBBYING under the Federal Lobbying Act?
Registration is required when one is paid to communicate or is compensated by an
employer to communicate with a public office holder, in respect of:
The development of any legislative proposal,
Introduction, defeat, or amendment of any Bill or resolution,
Making or amending any program, policy or regulation, and
Awarding of any grant, contribution or other financial benefit
In addition, consultant lobbyists must register when they communicate with a public
office holder in respect of:
Awarding of any contract,
Arranging a meeting between a POH and any other person.
WHO IS LOBBIED under the Federal Lobbying Act?
Public Office Holders & Designated Public Office Holders (DPOHs), POH include
Any employee of Her Majesty in right of Canada
Members of the Senate or House of Commons, including parliamentary staff
Persons appointed to any federal office or body with the approval of the Governor in
Council (Cabinet) or a minister of the Crown.
Any officer, director or employee of any federal board, commission or other tribunal as
defined in the Federal Court Act.
Any member of the Canadian Armed Forces or the RCMP.
Designated Public Office Holders (DPOHs):
Sub-category of POHs, includes:
the most senior level of government decision-makers - Ministers, Deputy Ministers,
Assistant Deputy Ministers & other positions designated by regulation;
Any person employed as political staff in the office of a Minister or Minister of State;
Any other POH occupying a senior executive position in a government department or
agency comparable to the rank of Assistant Deputy Minister or above;
MPs, Senators, and certain staff in the Offices of the Leader of the Opposition in the
House and Senate.
TYPES OF LOBBYISTS under the Federal Lobbying Act
1. Consultant Lobbyist
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A person who is paid to communicate with a public office holder on behalf of a
client, includes:
Professional Lobbyists;
Anyone who, in the course of working for a client, communicates with or
arranges meetings with a POH including lawyers, accountants and other
professionals; and
Members of a Board of Directors who are paid director’s fees are
considered consultant lobbyists under the Federal Lobbying Act and
under Ontario and Nova Scotia lobbying legislation, but treated as in-
house lobbyists in other jurisdictions.
2. In-House Lobbyist (Corporations)
A person who communicates with a public office holder and works for
compensation in an entity that operates for profit.
3. In-House Lobbyist (Organizations)
A person who communicates with a public office holder and works for
compensation in a non-profit entity.
Exemptions apply to certain lobbying activity and communication
Exemptions under the Federal Lobbying Act:
Individuals in Organizations and Corporations, where the cumulative activities of all
employees in the Organization or Corporation do not constitutes a “significant part of the
duties” of one person over a one-month period (20% test).
Volunteers are not required to register because they are unpaid.
Citizens may communicate with government on their own behalf without being required
to register.
Some communications do not require registration as lobbying activity:
Oral and written submissions to Parliamentary Committees, communications
concerning the enforcement, interpretation or application of federal law, and
simple requests for information.
Certain individuals are exempt from registration requirements:
Members of other levels of government, members of an Aboriginal government
or Indian band councils and diplomatic officers.
REQUIREMENT TO REGISTER under the Federal Lobbying Act
Information and Timeframes
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Consultant Lobbyists must file a return within ten days of undertaking to carry out a
lobbying activity.
Includes details regarding the lobbyist, the client, departments to be lobbied,
subject matter(s), and lobbying methods.
In-House Lobbyists: the most senior officer of a corporation or organization
employing in-house lobbyists is responsible for registering.
Registrations must be filed within two months of the day on which the
requirement to file a return first arises.
Trigger for registration: when lobbying activities constitute a “significant part of
the duties of one employee”, being 20% or more of one person’s time over a one-
month period (cumulative for all individuals in the organization or corporation).
Registration Amendments and Renewal under the Federal Lobbying Act
Both Consultant Lobbyists and In-House Lobbyists are required to file an amended
return by the 15th day after the end of every month if:
Information filed in a previous return that is no longer correct or additional
information that should have been included in an active return;
Lobbying activities have terminated or no longer require registration, or;
Five months have elapsed since the end of the last month in which a return was
filed.
Monthly Registrations under the Federal Lobbying Act: Communications with a DPOH
A communication report must be filed by the 15th day of the month following an oral or
arranged meeting with a DPOH if:
it is oral, arranged in advance and requested by the lobbyist, or
it is initiated by a DPOH when the subject matter refers to the awarding of a
grant, contribution or other financial benefit, or the awarding of any contract.
Monthly returns concerning communications with a DPOH include:
name and position title/rank of DPOH,
government institution of the DPOH,
date of the communication, and
subject matter of the communication.
DPOH CONFIRMATION OF MONTHLY RETURN CONTENT
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