Key Events and Evolution of the Act

Key Events in the History of the Canadian Lobbyists Registration Regime

1989

The Lobbyists Registration Act came into force on September 30, 1989. It set basic requirements for the registration of paid lobbyists, including that lobbyists were to provide information about themselves and the subject matter of their lobbying.

1993

In June, the House of Commons Standing Committee on Consumer and Corporate Affairs and Government Operations issued a report entitled "A Blueprint for Transparency: Review of the Lobbyists Registration Act". It called for amendments to the Act that would require more information to be disclosed about the activities of lobbyists.

1995–1997

The government introduced Bill C-43, An Act to amend the Lobbyists Registration Act and to make related amendments to other Acts. It proposed amendments to the Act that strengthened the disclosure requirements to make more meaningful and comprehensive information available about lobbyists and their lobbying activities. The amendments came into force on January 31, 1996. At that time, the responsibility for making decisions under the Act was assigned to the Ethics Counsellor.

The amended legislation also mandated the development of a Lobbyists' Code of Conduct. After extensive consultations, including review by the House of Commons Standing Committee on Procedure and House Affairs, the Code came into force on March 1, 1997. The Ethics Counsellor was responsible for the Lobbyists' Code of Conduct.

2002–2003

The government introduced Bill C-15, An Act to Amend the Lobbyists Registration Act in the House of Commons on October 23, 2002. This bill received Royal Assent on June 11, 2003.

2004

In January 2004, the Government introduced Bill C-4, which was passed by both houses of Parliament in March 2004. The new legislation changed the reporting structure under the Lobbyists Registration Act, so that the Registrar reported to Parliament directly through the Registrar General of Canada (the Minister of Industry), rather than through the Ethics Counsellor. The Office of the Registrar of Lobbyists became an administrative unit within Industry Canada.

2005

On June 1, 2005, the Regulations Amending the Lobbyists Registration Act (the Regulations) were published in Part II of the Canada Gazette. Both the Regulations and An Act to amend the Lobbyists Registration Act, came into force on June 20, 2005. The following major changes were made to the Act:

• A clearer definition of "lobbying" was provided.
• It was clarified that a person making simple enquiries or requests for information did not have to register as a lobbyist
• There was no longer an exemption from registration if a public office holder initiated contact with a lobbyist.
• All categories of lobbyists were required to update or renew their filings every six months.
• Former public office holders engaged in lobbying were required to provide information on previous positions held with the federal government.
• Both categories of in-house lobbyists (those who work for corporations and those who work for non-profit organizations) were obliged to meet the same requirement for filing registrations. The most senior officer of a corporation or of a non-profit organization was made accountable for registering all employees who lobby.
• While conducting an investigation, the Registrar was required to notify the police if there were reasonable grounds to believe that a criminal offence has been committed under the Act.

With the coming into force of the Act on June 20, 2005, the Lobbyists Registration System (LRS) was upgraded to reflect the above changes. Its web-based user interface was also improved to make the system more user-friendly.

2006

A further move towards greater independence of the ORL was made in February 2006, when the Office was transferred to the portfolio of the President of the Treasury Board as an independent entity, while the government worked to further revise and strengthen the Lobbyists Registration Act.

Bill C-2, the Federal Accountability Act (FedAA), was introduced in Parliament on April 11, 2006 and received Royal Assent on December 12, 2006. It makes a number of changes to federal statutes that relate to the Lobbyists Registration Act. Sections 88.1, 88.11 and 88.2 of the FedAA, which contain provisions regarding members of prime ministerial transition teams, came into force upon Royal Assent.

The FedAA includes changes to the current Lobbyists Registration Act, with the name of the act governing lobbyist registration changed to the Lobbying Act.

2008

On January 5, 2008, the proposed Designated Public Office Holder Regulations and proposed Lobbyists Registration Regulations relating to the new Lobbying Act were published for public comment in the Canada Gazette, Part I.

On April 30, 2008, the final version of the Designated Public Office Holder Regulations and of the Lobbyists Registration Regulations was published in the Canada Gazette, Part II. The regulations, which came into force on July 2, 2008, concern:

• changes to the registration system and reporting requirements for lobbyists communicating with the federal government; they include, but are not limited to the form and manner of all returns to be filed, including new monthly returns for consultant lobbyists and in-house lobbyists;
• the type of lobbying activity to be reported on in a monthly return;
• the details on the subject matter and other information that may be required in a monthly return.

The enactment of the Lobbying Act on July 2, 2008, has brought some noteworthy changes to the regime for the registration of lobbyists:

• replacement of the position of Registrar of Lobbyists with that of Commissioner of Lobbying, an independent Agent of Parliament, with expanded investigative powers and an education mandate;
• identification of a new category of public office holder within the federal government, called Designated Public Office Holder, (DPOH);
• by way of regulation, the designation of eleven positions or classes of positions as DPOHs;
• imposition of a five-year, post-employment prohibition on a Designated Public Office Holder becoming a lobbyist once that individual has left office;
• new filing requirements for lobbyists and an obligation, when requested by the Commissioner of Lobbying, for DPOHs or former DPOHs to confirm information that is provided by lobbyists about communications with DPOHs;
• a five-year prohibition on lobbying for designated former members of prime ministerial transition teams;
• a ban on making or receiving any payment or other benefit that is contingent on the outcome of any consultant lobbyist's activity;
• extension from two to ten years of the period during which possible infractions or violations under the Lobbying Act and the Lobbyists' Code of Conduct may be investigated and prosecution may be initiated;
• doubling the monetary penalties for lobbyists who are found guilty of breaching the requirements of the Lobbying Act;
• a prohibition for up to two years on all lobbying activities for people convicted of offences under the Act;
• mandatory electronic filing of all disclosures with some exceptions for handicapped individuals and persons who do not have access to a computer.

2010

The Designated Public Office Holder Regulations were amended September 20, 2010. As a result, the definition of a DPOH was expanded to include all Members of Parliament and all Senators, as well as any staff working in the offices of the Leader of the Opposition in the House of Commons and in the Senate, appointed pursuant to subsection 128(1) of the Public Service Employment Act.

Evolution and Operation of the Lobbyists Registration Act
1989–2008

The Lobbyists Registration Act, Canada's federal legislation regarding the registration of lobbyists, came into force in 1989. This paper summarises the operation of the Lobbyists Registration Act as described in the Registrar of Lobbyists' annual reports to Parliament since that time as well as in other public documents such as the Main Estimates. Although the emphasis is on recent experience, important changes made by the legislator over time are pointed out where appropriate to show how the Lobbyists Registration Act has evolved. In addition, while the most recent amendments to the Lobbyists Registration Act brought by the Federal Accountability Act are not yet in place at the time of writing this paper, they are described briefly here in order to provide a complete picture of the evolution of Canadian federal lobbying legislation.

Purpose and description of the Lobbyists Registration Act

The Lobbyists Registration Act provides for the public registration of those individuals who are paid to communicate with public office holders with regard to certain matters as described in the legislation (i.e. lobbying). Public office holders are defined in the Lobbyists Registration Act as virtually all persons occupying an elected or appointed position in the Government of Canada, including members of the House of Commons and the Senate and their staff, as well as officers and employees of federal departments and agencies, members of the Canadian Forces and members of the Royal Canadian Mounted Police.

Four basic principles are set out in the preamble to the Lobbyists Registration 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 general public be able to know who is engaged in lobbying activities.
• The system for the registration of paid lobbyists should not impede free and open access to government.

Individuals are required to register under the Lobbyists Registration Act if they communicate with federal public office holders, whether formally or informally, with regard to:

• The making, developing or amending of federal legislative proposals, bills or resolutions, regulations, policies or programs.
• The awarding of federal grants, contributions or other financial benefits.
• In the case of consultant lobbyists, the awarding of a federal government contract or arranging a meeting between their client and a public office holder.

The Lobbyists Registration Act provides for three categories of lobbyists:

• Consultant lobbyists.
• In-house lobbyists (corporations).
• In-house lobbyists (organizations).

Consultant lobbyists are individuals who, for payment, lobby on behalf of a client. Consultant lobbyists may be government-relations consultants, lawyers, accountants or other professional advisors who provide lobbying services for their clients. They must file a registration for each individual undertaking (i.e., for each lobbying contract). When they complete the undertaking, they must advise the Registrar. The registration information remains on the registry; however it is displayed as "inactive".

In-house lobbyists (corporations), are employees of corporations that carry on commercial activities for financial gain, and who lobby as a significant part of their duties. These employees are usually full-time staff who devote a significant part of their duties to public affairs or government-relations work. The most senior paid officer must register the corporation if the total lobbying activity of all employees forms a significant part (currently interpreted by the Registrar as 20 percent or more) of the duties of one equivalent full-time employee. The registration must include the names of all senior officers — the most senior officer and all his or her direct subordinates — who engage in any lobbying activity, as well as the name of all employees who devote a significant part of their duties to lobbying activities.

In-house lobbyists (organizations) are employees of not-for-profit organizations, such as associations and universities. The most senior paid officer of such an organization must register the names of all employees engaged in lobbying activity if the total lobbying activity of all such employees forms a significant part (currently interpreted by the Registrar as 20 percent or more) of the duties of one equivalent full-time employee.

All lobbyists are required to disclose certain information within time limits specified in the Lobbyists Registration Act. This information includes:

• For consultant lobbyists, the names of their clients, or, in the case of in-house lobbyists, of their corporate or organizational employers.
• The names of the parent or subsidiary companies that would benefit from the lobbying activity.
• The organizational members of coalition groups.
• The specific subject matters lobbied.
• The names of the federal departments and agencies contacted.
• The sources and amounts of any government funding received.
• The communication techniques used, such as written or oral communications, meetings,
• telephone calls, informal communications, or grassroots lobbying.

Corporations and organizations must also provide general descriptions of their business or activities.

The Lobbyists' Code of Conduct

When the Lobbyists Registration Act was amended by Parliament in 1995, provision was made for a code of conduct for lobbyists. The Lobbyists' Code of Conduct came into force on 1 March, 1997.

The purpose of the Lobbyists' Code of Conduct is to assure the Canadian public that lobbying is done ethically and with the highest standards, with a view to conserving and enhancing public confidence and trust in the integrity, objectivity and impartiality of government decision making.

The Lobbyists' Code of Conduct establishes mandatory standards of conduct for all lobbyists communicating with Government of Canada public office holders. The Lobbyists' Code of Conduct begins with a preamble that states its purpose and places it in a broader context. Next, a body of overriding Principles sets out, in positive terms, the goals and objectives to be attained, without establishing precise standards. These Principles of Integrity, Honesty, Openness and Professionalism represent goals that should be pursued, and are intended as general guidance.

The Principles are followed by Rules that set out specific obligations and requirements. The Rules are organised into three categories:

• Transparency
• Confidentiality
• Conflict of Interest

Under the Rule of Transparency, lobbyists have an obligation to provide accurate information to public office holders, and to disclose the identity of the persons or organizations on whose behalf the representation is made, as well as the purpose of the representation. They must also disclose to their clients, employers or organizations their obligations under the Lobbyists Registration Act and the Lobbyists' Code of Conduct itself. Under the Rule of Confidentiality, lobbyists can neither divulge confidential information, nor use insider information to the disadvantage of their clients, employers or organizations.

Finally, under the Rule of Conflict of Interest, lobbyists are not to use improper influence, nor to represent conflicting or competing interests without the consent of their clients.

The Lobbyists' Code of Conduct is an integral part of the disclosure and ethical requirements that apply to all lobbyists.

Lobbyists, their registrations and disclosures

The Registry of Lobbyists is the Lobbyists Registration Act's core instrument of transparency. Registry information collected under the Act and the Lobbyists Registration Regulations is a matter of public record so that information about who is being paid to communicate with federal public office holders is available. Accessible over the Internet, the Registry is well-known and well-used by lobbyists, journalists, public office holders, citizens and others. The Registry has evolved since 1989 in terms of the disclosures it contains and the means of making that data available.

The 1989 version of the Lobbyists Registration Act distinguished between two types of lobbyists rather than the three described earlier in this paper. Tier I lobbyists were essentially the same group now known as consultant lobbyists. They were required to disclose relatively few details compared to current requirements. Disclosures were limited to information about their clients and the subject-matter of the undertaking, as well as the parents and subsidiaries if the client was a corporation.

Tier II lobbyists were employees who were paid to lobby on behalf of their employer. These lobbyists were required to disclose even less information that those in Tier I. Only the name and address of the employer was required.

The Lobbyists Registration Act was amended in 1995. The amended Act strengthened the disclosure requirements to make more meaningful and comprehensive information about lobbyists, and what they do, available to all. The new registration requirements came into force on 31 January, 1996.

The changes to the Lobbyists Registration Act provided for the three categories of lobbyists that exist to this day. The former Tier I or professional lobbyists were now known as consultant lobbyists. The former Tier II or employee lobbyists were subdivided into in-house lobbyists (corporate) and in-house lobbyists (organizations). The former group included for-profit entities and the latter, not-for-profit entities such as universities, professional associations and interest groups.

For organizations, the senior officer must since 1996, register the entity as an in-house lobbyist (organizations) when one or more employees communicate with federal public office holders in an attempt to influence government decisions and where the accumulated activity of all such employees would constitute a significant part of the duties of one employee. Registration is required for the same activities as for consultant lobbyists, except for lobbying in respect of the awarding of a contract or for arranging a meeting.

All lobbyists were required to disclose certain information within time limits specified by the law. The information required under the amended legislation was much more extensive than that required prior to 31 January, 1996, and included:

• The name or description of the specific legislative proposals, bills, regulations, policies, programs, grants, contributions or contracts sought.
• The names of the federal departments or other governmental institutions lobbied.
• The source and amount of any government funding.
• The communication techniques used, including grassroots lobbying.

Corporations and organizations had also to provide a general description of their business or activities.

More legislative changes that affected the disclosures in the Registry came into force in 2005. The revised Lobbyists Registration Act broadened the scope of activities for which registration is required by removing the expression "in an attempt to influence" from the Lobbyists Registration Act as it previously read. This meant that all communications covered by the legislation now constituted lobbying and, therefore, required registration.

The new legislation strengthened and simplified the registration requirements set out in the Act. It did so by requiring all lobbyists to update or renew their filings every six months, and by implementing a single filing approach for the registration of corporations and not-for-profit organizations. Previously, accountability for registration of in-house (corporations) lobbyists rested with the individual lobbyist. The amendments switched this accountability to the most senior officer in the corporation, as was already the case for in-house (organizations) lobbyists. This single filing system was intended to provide consistent treatment for all types of lobbyists, as established under the Lobbyists Registration Act, and to ensure that responsibility for the actions of lobbyists rested at the highest corporate levels.

The amended Lobbyists Registration Act also required former public office holders engaged in lobbying to provide information about the positions they had held within the federal government. Finally, the revised Lobbyists Registration Act clarified minor discrepancies that previously existed between the French and English versions of the legislation.

The Registry of lobbyists

The original Registry of Lobbyists introduced in 1989 was a paper-based system. However, as the Government of Canada made progress throughout the 1990s with its initiatives to make government information and services available online, it became clear that the Registry of Lobbyists would be an excellent candidate.

Amendments made to the Lobbyists Registration Act in 1995 permitted lobbyists to file their returns electronically, via the Office of the Registrar's dial-up filing system. The electronic filing system was designed to enable contact from the most basic computer equipment, and to support virtually all makes of computers. Lobbyists needed only a computer, modem and communications software to access the bilingual application. To ensure that only authorised users were given access to the system, a contractual agreement was developed which identified the lobbyist's responsibility for electronic certification using a system of passwords. Organizations or companies that did not yet have the necessary equipment could file electronically using the facilities within the Office of the Registrar of Lobbyists.

To encourage lobbyists to file their registration forms electronically, the Office offered use of this technology free of charge and introduced a fee schedule to process filings made in paper format.

Currently, more than 99 percent of the transactions performed in the Registry of Lobbyists (registrations, amendments, renewals, and terminations) are carried out electronically through the Lobbyists Registration System (LRS). The LRS is now a web-based application available to lobbyists and the public through the Internet. It is used both for processing and disclosing registrations filed by lobbyists.

The interactive system validates basic data, such as names and addresses; reminds lobbyists to complete all required information; and permits lobbyists to easily edit their own disclosures. Data, once verified, are moved to the Registry database. Anyone may search this database for information and produce reports from their own computer.

Users can search and retrieve information on:

• Who lobbies for which firms, corporations, organizations or associations.
• The parent and subsidiary companies or corporations that may benefit from the lobbying.
• The organizational members of coalition groups.
• The activities that corporations and associations engage in (a general description).
• The Government of Canada departments and agencies being contacted.
• The names or descriptions of the specific legislative proposals, bills, regulations, policies, programmes, grants, contributions or contracts being sought.
• The positions former public office holders have held with the Government of Canada.

Users can also produce their own summary reports on registered lobbyists, as well as copies of individual registration information forms, online, directly from the Registry. It is also possible to access a list of recent registrations that includes all new registrations, amendments and terminations processed within the previous 30 days. Users who search and retrieve the data directly from their own computers may do so free of charge. If personnel of the ORL are asked to search and retrieve information, a service charge may be applicable.

Registration statistics

Registration statistics are reported to Parliament each year by the Registrar. These statistics include, volume and type of lobbyist registrations, subject-matter of lobbying activities, and government institutions lobbied.

The Registry of Lobbyists contained a high volume of transactions from the start of its operation in 1989. Within 10 days of the launch of the Registry, 829 Tier I registration forms had been received. Within two months, 1,709 Tier II registrations had been filed. By the end of the first fiscal year of operation, 6,221 registrations had been processed for a total of 2,828 lobbyists.

Year-over-year registration volumes fluctuated over the next several years but with one exception, the changes were not dramatic. A combination of factors contributed to a sharp rise — 847% — in the number of registered in-house corporate lobbyists during the 2005–2006 reporting period. A detailed analysis of this rise has not been carried out. However, the prominence of lobbying-related stories in the media; the implementation of new, stronger lobbying legislation in 2005; an increase in resources provided to the Registrar; and a general increase in awareness of registration requirements may have been among the contributing factors.

The following two tables show some recent volumes:

Table 1: Active Lobbyists as at March 25, 2008

Consultant lobbyists:	874
In-House Corporation lobbyists:	1729
In-House Organization lobbyists:	2432
Total lobbyists:	5035

Table 2: Active Registrations as at March 25, 2008

Consultant registrations:	2878
In-House Corporation registrations:	282
In-House Organization registrations:	439
Total active registrations:	3599

The Lobbyists Registration Act requires that lobbyists of all three types disclose the areas of concern (subject matters) of their lobbying activity. Recent statistics showing the top 20 areas of concern are included in the following table.

Table 3: Areas of concern in active registrations as at March 25, 2008

Area of Concern	Active Registrations
Industry	1813
Taxation and Finance	1381
Environment	1184
International Trade	1147
Health	1041
Science and Technology	949
Transportation	782
Consumer Issues	779
Employment and Training	740
Energy	737
Regional Development	714
Government Procurement	658
Infrastructure	582
International Relations	559
Agriculture	546
Aboriginal Affairs	530
Defence	523
Intellectual Property	493
Internal Trade	477
Financial Institutions	457

The Lobbyists Registration Act requires that lobbyists of all three types disclose the government institutions that are the subject of their lobbying activity. Recent statistics showing the top 20 institutions lobbied are included in Table 4.

Table 4: Government organizations in active registrations as at March 25, 2008

Department or Agency	Active Registrations
Industry Canada (IC)	2210
Finance Canada (FIN)	1663
Members of the House of Commons	1426
Privy Council Office (PCO)	1375
Foreign Affairs and International Trade (DFAIT)	1220
Environment Canada (EC)	1206
Health Canada (HC)	1118
Prime Minister's Office (PMO)	1044
Transport Canada (TC)	898
Treasury Board of Canada (TBS)	855
Natural Resources Canada (NRCan)	814
Revenue Canada (RC)	775
Public Works and Government Services Canada (PWGSC)	746
Agriculture and Agri-Food Canada (AAFC)	690
Human Resources Development Canada (HRDC)	664
Indian and Northern Affairs Canada (INAC)	648
National Defence (DND)	638
Canadian Heritage (PCH)	602
Senate of Canada	544
Justice Canada (JC)	504

Enforcement

The Lobbyists Registration Act provides for various types of penalties and sanctions. Contraventions of the Lobbyists Registration Act or its regulations are subject upon summary conviction, to a fine of up to twenty-five thousand Canadian dollars. Individuals who knowingly make false or misleading statements in any return or other document submitted to the Registrar are subject on summary conviction to a fine of up to twenty-five thousand Canadian dollars, imprisonment for up to six months, or both. Individuals who knowingly make false or misleading statements in any return or other document submitted to the Registrar are subject on indictment to a fine of up to one hundred thousand Canadian dollars, imprisonment for up to two years, or both. Proceedings by way of summary conviction related to these offences must be instituted not later than two years after the offence.

The first significant test of the penalties under the Lobbyists Registration Act came in 1999, and revealed an important weakness in the legislation. Allegations of unregistered lobbying were brought to the attention of the Registrar and the Ethics Counsellor. These allegations were then forwarded to the Royal Canadian Mounted Policy for further investigation. The Royal Canadian Mounted Police determined that they did not believe that they would be able to secure a conviction because it would be too difficult to prove to the court that the alleged lobbyist had acted, "with the intent to influence" a public office holder. Consequently, the Lobbyists Registration Act could not be effectively enforced. This development led to an important amendment to the Lobbyists Registration Act in 2005 that removed the phrase, "with the intent to influence" from the legislation.

The current Office of the Registrar of Lobbyists enforces the Lobbyists Registration Act in a number of ways.

The registration process is an important point of enforcement. The Office provides assistance in relation to the registration process, reminds lobbyists to renew their registrations, and verifies that disclosures are consistent and complete. Information is provided by lobbyists, such as clients, parent companies or subsidiaries of companies, is analysed by office staff and verified where necessary. Questions on the content of disclosures are sent by email to registrants and the registration is not approved until the Office is satisfied with the accuracy and transparency of the disclosure. This requires an efficient process and diligent staff because volumes are very high. For example, during fiscal year 2006–2007, 9,656 registrations were processed, of which 7,775 were consultant lobbyist registrations, 793 were in-house lobbyist (corporations) registrations and 1,088 were in-house lobbyist (organizations) registrations.

Media monitoring is carried out on a regular basis. The Office uses a sophisticated web-based monitoring system to examine the content of media publications for articles that mention lobbying activities. Follow-up is done by staff in the Investigations Directorate to determine if alleged lobbying is the subject of a valid registration.

Advisory letters are sent to individuals or organizations for which media monitoring or other information received by the Office indicates that unregistered lobbying may be taking place. These letters advise the recipients that they may have obligations under the Lobbyists Registration Act. This practice is designed to enhance the awareness of organizations and corporations regarding the Lobbyists Registration Act and to encourage them to visit the ORL website or contact the ORL directly for additional information pertaining to registration requirements.

Administrative reviews are initiated following requests or complaints received from external sources which allege a possible contravention of the Lobbyists Registration Act or the Lobbyists' Code of Conduct. Administrative reviews are also initiated as a result of in-house monitoring by the ORL. An administrative review is not a formal investigation. Its purpose is to assemble and check factual evidence, with a view to determining if a formal investigation is required. All information gathered during either an administrative review or an investigation is retained in accordance with government information management practices.

An administrative review typically involves:

• Reviewing all registration files in the custody of the ORL, available correspondence and other forms of communication between the ORL and the lobbyist.
• Confirming, by phone or in-person interviews with public office holders, whether registration activities have indeed taken place. The ORL may also decide to contact the lobbyist during the course of a review.

Some examples of allegations that have resulted in the initiation of an administrative review are:

• Allegations of unregistered lobbying activities and breaches of the Lobbyists' Code of Conduct by a number of lobbyists, acting on behalf of an organization, who were communicating with a government department to seek federal funding. The individuals in question are alleged to have breached all three principles of the Lobbyists' Code of Conduct — namely Integrity and Honesty, Openness, and Professionalism — and, additionally, are alleged to have not provided accurate information in registering.
• An allegation of improper disclosure of government funding by several organizations.
• Allegations that employees of a public broadcasting advocacy group were engaged in unregistered lobbying activities.
• An allegation that a voluntary, charitable organization, which promotes personal health across Canada and in developing countries, failed to register receipt of financial benefits from a government institution.
• An allegation that a lobbyist's registration did not contain information that he would be lobbying Members of Parliament.

At the end of March 2008, 34 administrative reviews were underway.

If a review indicates there are reasonable grounds to believe a breach of the legislation has occurred within the two-year limitation period of the Lobbyists Registration Act, the Registrar of Lobbyists is informed of the conclusions and the matter is referred to the Royal Canadian Mounted Police. Alleged breaches of the Lobbyists' Code of Conduct by registered lobbyists are dealt with by the Registrar, who will determine if an investigation pursuant to the Code of Conduct is required.

Investigations of alleged breaches of the Lobbyists' Code of Conduct are carried out by the Registrar, who has significant investigative powers, identical to those of a superior court of record. These powers include the ability to summon and enforce the attendance of persons so that they may give evidence under oath, and to compel them to produce documents. Once the Registrar has completed such an investigation, he or she must submit a copy to the Registrar General of Canada, who must cause it to be tabled in each House of Parliament. At the end of March 2008, ten investigations had been initiated and four completed. The four were successfully challenged in the federal court by the individual who was the subject of the investigations. The Registrar has launched an appeal of this decision.

Strategic Enforcement is the term used by the Registrar to describe the Office's efforts to extend its reach. The Registrar believes that by making the requirements of the Lobbyists Registration Act and the Lobbyists' Code of Conduct better known not only to lobbyists, but to public office holders and those who employ lobbyists, great leverage in enforcement of the legislation can be obtained. From an efficiency and effectiveness perspective, a dollar spent on education and awareness has more potential to contribute to enforcement than a dollar spent pursuing an investigation. As a practical example, if a public office holder is made aware of the registration requirements of the Lobbyists Registration Act and is encouraged to ask a potential lobbyist if he or she is registered, a possible infraction and the expensive costs of pursuing an investigation may be averted.

Education and awareness

The ORL believes that education and awareness are key to compliance with the Lobbyists Registration Act.

From the earliest days of the Lobbyists Registration Act's existence, successive Registrars have made public speaking appearances and the distribution of educational materials a part of their communication activities. More recently, with more staff and resources available, the Office has used several means to promote awareness of the Lobbyists Registration Act and its requirements, including:

• Direct communication.
• The ORL Website.
• Training and information sessions.
• Media relations.
• Conferences and learning events.
• Presentations to departmental management teams and staff.
• Dialogue with other jurisdictions.

Direct communications

The ORL responds to inquiries from lobbyists, the media and the public on a daily basis. Updates about the Registry are provided to registered lobbyists via email and through notices to registrants on the Office's website. In order to improve communications with registrants, the Operations Directorate organises outreach and information sessions with lobbying firms, with a view to improving the overall quality and reliability of disclosures filed in the Registry of Lobbyists.

The ORL website

ORL staff devote considerable effort to improving the ORL's website, giving it a clearer, fresher appearance, and making it a more useful information and communications tool. An updated version of the site, which is easier to navigate, was launched in 2006-2007. New sections were created for information documents, such as reports, presentations, interpretation bulletins and advisory opinions, which are updated or added on a regular basis.

Training and information sessions

While the ORL does not have resources to deliver extensive training programmes, it presents information sessions to interested groups and organizations outside the federal government including other jurisdictions and delegations from other countries.

Media relations

On a regular basis, the ORL responds to inquiries from the media about the Registry, and provides clarification about the registration process, investigations, and administrative reviews to the extent permissible under the Lobbyists Registration Act and under privacy provisions.

Conferences and learning events

Each year, the Registrar and senior ORL staff take part in conferences and panel discussions in the National Capital Region and elsewhere in Canada. In past years these have included the Access and Privacy Conference, hosted by the University of Alberta in Edmonton, the Annual University Government Relations Officers' Meeting in Winnipeg, the Public Affairs Association of Canada Conference and the Canadian Council for Public-Private Partnerships National Conference, both of which were held in Toronto.

Briefings for federal government institutions

The ORL carries out outreach efforts within the federal government through briefings to management at departments and other federal organizations. These sessions, provided at the organizations' request, are aimed at assisting public office holders in becoming familiar with the provisions of the Lobbyists Registration Act and the Lobbyists' Code of Conduct and in addressing issues faced by specific organizations regarding lobbying and interactions with lobbyists.

Dialogue with other jurisdictions

The ORL exchanges ideas and practices with counterparts from other Canadian and international jurisdictions. Meetings have been held with officials from Canadian provinces that have their own lobbying legislation, with U.S. counterparts and with officials from the Organisation for Economic Co-operation and Development (OECD) and its member countries.

Organization, resources and priorities

Organization

The structure of what is now the Office of the Registrar of Lobbyists has evolved considerably since its inception. For the first years of its existence, the Office was situated within the Department of Consumer and Corporate Affairs. Machinery changes within the government eventually led to the Office residing within the Department of Industry in an organization called the Office of the Ethics Counsellor.

Amendments to the Lobbyists Registration Act in 1995 provided the Ethics Counsellor with responsibility for, among other duties, enforcement of the new Lobbyists' Code of Conduct. The Registrar of Lobbyists retained responsibility for the Registry. Over time, the structural arrangement of the Ethics Counsellor having Lobbyists' Code of Conduct responsibilities in addition to his other duties, as well as his reporting relationship to the Prime Minister, were subject to criticism. In 2004, the Lobbyists Registration Act was amended, setting in motion the most substantial changes in structure and resources in the Lobbyists Registration Act's history.

The 2004 amendments to the Lobbyists Registration Act gave the Registrar for the first time, responsibility for both operation of the Registry and for the Lobbyists' Code of Conduct. An Assistant Deputy Minister within Industry Canada was designated as Registrar of Lobbyists — the first time that the position had been held by such a senior public servant. A new Office of the Registrar of Lobbyists was established within Industry Canada.

Further significant changes followed soon after. In September 2005, the Registrar of Lobbyists was made a full-time position. This measure was taken in response to the increased workload resulting from the coming into force in the summer of 2005 of amendments to the Lobbyists Registration Act. Immediately after his full-time appointment, the Registrar took a number of steps to transform what was known as the Lobbyists Registration Branch of Industry Canada into a more independent organization. The Registrar ceased all participation in Industry Canada's management team and, in October 2005, moved the Branch, now renamed the Office of the Registrar of Lobbyists, to new premises physically separated from those of Industry Canada.

In an effort to increase the efficiency of the registration process and to strengthen the enforcement capabilities of the Office, the Registrar undertook a restructuring of the organization by creating two directorates focused on groups of core activities. An Investigation Directorate was established, the major role of which was to enforce the Lobbyists Registration Act through conducting administrative reviews, investigations, and policy analysis related to the application of the Lobbyists Registration Act. The Registrar also decided to combine a number of responsibilities within an Operations Directorate. This new unit now performed all registration functions, including client service, advice, interpretation and informatics, as well as communications and certain corporate functions.

In February 2006, the Prime Minister announced that the Office of the Registrar of Lobbyists had been transferred from the Industry portfolio to the Treasury Board portfolio as a stand-alone office, to increase its independence while the Government was working to further revise and strengthen the Lobbyists Registration Act. Since that time, the Office of the Registrar of Lobbyists has been a separate and independent department and the Registrar of Lobbyists has had the authority of a deputy head.

Resources and priorities

The expansion of the Office of the Registrar of Lobbyists described above was made possible by a substantial budget increase approved by Parliament.

Initial resources allocated to the Office of the Registrar of Lobbyists in 1989 had included a budget of $467,000 and a staff of four. Budgets varied little over the years although the budget allocated to the new Registrar in 2004 had dwindled to $313,000 to cover all operational expenses and salaries.

The budget approved by Parliament for 2006-2007 was $3.5 million annually and a staff of 20 to operate the Office of the Registrar of Lobbyists. The approval was based on three priorities to be pursued by the Office. They were:

1. Update the Registry and enhance its transparency — When the on-line Registry was launched in 1996, it was not designed for the volumes of data it now contained, nor for the search expectations of current internet users. Improving the capacity of the Registry and preparing it for enhanced capabilities was a priority for the planning period.
2. Increase awareness of Lobbyists Registration Act and Lobbyists' Code of Conduct requirements — As mentioned elsewhere in this paper, The Registrar believed that increasing awareness of the Lobbyists Registration Act, including how it operates and who needs to register, was key to increasing compliance. Parliament was asked for resources to begin developing a comprehensive education and awareness strategy aimed at public office holders, lobbyists and those who employ them.
3. Pursue enforcement and communicate the results — The Registrar had commenced several investigations under the Lobbyists' Code of Conduct. It was seen as important not only to pursue enforcement by assigning more resources to reviews and investigations within the Office, but also to communicate the outcomes of enforcement activity.

The broad strategic outcome of these priorities was to contribute to confidence in the integrity of government decision-making through transparency and accountability in the lobbying of public office holders.

The Lobbying Act

Bill C-2, the Federal Accountability Act, received Royal Assent on December 12, 2006, as S.C. 2006 c. 9, setting the stage for amendments to the Lobbyists Registration Act. The Lobbyists Registration Act will be renamed the Lobbying Act and will include important changes. Among these are:

• The appointment of an independent Commissioner of Lobbying with a strong mandate to investigate violations of the Lobbying Act and the Lobbyists' Code of Conduct.
• A five-year ban on lobbying for ministers, ministerial staff, and senior public servants once they leave office, as well as for members of Prime Ministers' transition teams.
• A ban on the payment and receipt of success or contingency fees.
• Requirements that communications with certain designated public office holders be recorded.
• Expanded investigative powers for the Commissioner of Lobbying and a longer period under which lobbying violations may be investigated and prosecuted.

The Office of the Registrar of Lobbyists supported the work of Parliament as it considered Bill C-2 by appearing before the committees of the House of Commons and the Senate to provide testimony on the operational implications of the Bill. Subsequent to Royal Assent, the Office began preparing for implementation of the lobbying provisions of the Federal Accountability Act. Chief among these preparations were enhancements to the Lobbyists Registration System. The Lobbying Act will come into force on July 2, 2008.