Exemption Review Process

Legislative Background

Subsection 10.11(1) of the Lobbying Act (Act) places a five-year prohibition on lobbying activity for designated public office holders (DPOH) after they cease to hold such a position. This prohibition applies to all individuals defined as DPOHs in the Act, including those designated by regulation and those who are identified to be of comparable rank. This prohibition also applies to members of a Prime Minister's transition team who have been identified under subsection 2(3) of the Act.

Subsection 10.11(3) of the Act permits a DPOH to apply for an exemption from this prohibition. Exemptions may be granted by the Commissioner of Lobbying (Commissioner) when the Commissioner determines that granting an exemption would not be contrary to the purposes of the Act.

Subsections 10.12(1) and 10.12(2) of the Act permit individuals who are subject to the five-year prohibition on lobbying activity by virtue of having been identified as members of a Prime Minister's transition team to apply for an exemption from this prohibition. The Commissioner, in determining whether an exemption should be granted, will examine the circumstances and factors related to that person's functions as a member of the transition team.

In every case that an exemption is granted, the Commissioner will make the exemption and the reasons for that exemption available to the public, pursuant to subsections 10.11(4) and 10.12(3) of the Act.

The Exemption Review Process is a fact-finding exercise, not a formal investigation, to assemble, analyze, and verify information in order to determine whether there are sufficient grounds for the Commissioner to grant an exemption from the five-year lobbying prohibition. All information gathered during this process is managed in accordance with government information policies and all applicable laws.

The Exemption Review Process

1. An individual may begin the Exemption Review Process by applying to the Commissioner for an exemption in writing. The application should clearly indicate the reason(s) the applicant believes he or she should be exempt from the five-year lobbying prohibition. The applicant is responsible for supplying all relevant information and documentation in order to enable the Commissioner to determine that granting an exemption would be appropriate, and not contrary to the purposes of the Act.
   • Examples of information that should be provided by the applicant include:
     • The length of time the position was held;
     • The type of position – full-time, acting or interim;
     • The reasons for leaving the position;
     • The nature and significance of information the applicant had access to;
     • A resume of the applicant's previous five years of employment;
     • The specific lobbying undertakings the individual plans to participate in, including the contact information of a prospective employer or client; and
     • A list of references who can be contacted to verify the information provided.
   • Note that providing complete, clearly organized information and clear argumentation will assist the Commissioner in coming to a prompt decision.
2. Upon receipt of an application for exemption, an acknowledgement letter will be sent to the applicant in a timely manner, usually within seven business days. In the event that the five-year prohibition does not apply, the applicant will be informed.
3. An officer from the Office of the Commissioner of Lobbying will analyze the information collected and prepare an Exemption Review Report for submission to the responsible Director. This report will address the circumstances of the five-year lobbying prohibition and whether an exemption from the prohibition should be granted. This may involve research and interviews with individuals who can provide relevant information.
4. The Director, once satisfied with the Report, will forward it to the Commissioner with recommendations for the review of the Commissioner.
5. The Report and recommendations will be analysed and reviewed by the Commissioner. The Commissioner will then make one of the following decisions:
   • Exemption granted.
     • The applicant for an exemption is permitted to lobby all departments on all subject matters.
   • Exemption with conditions granted.
     • The applicant for an exemption is permitted to participate in lobbying undertakings, but must respect the conditions placed upon that exemption. These conditions could include prohibitions upon particular subject matters, departments or agencies, public office holders, or other conditions determined by the Commissioner.
   • Exemption denied.
     • The applicant for an exemption is not permitted to participate in lobbying undertakings.
6. The Commissioner will inform the applicant in writing of the decision that the Commissioner intends to make and the reasons for the decision.
7. The applicant will be given a reasonable opportunity to present his or her views regarding the decision that the Commissioner intends to make. The applicant will be provided 30 days in which to comment on this decision. The Commissioner will consider any further information received from the applicant prior to making a final decision regarding the exemption.
8. The Commissioner will inform the applicant in writing of the decision that has been made and the associated reasons for that decision. If an exemption is granted, the Commissioner will provide a unique exemption number to the applicant which will be required when registering for any future lobbying activities.
9. If the Commissioner grants an exemption, with or without conditions, the public will be informed of the exemption and the reasons for it, in compliance with subsection 10.11(4) of the Act with respect to a DPOH, or subsection 10.12(3) of the Act with respect to an identified member of a Prime Minister’s transition team. This information will be provided by posting a notice on the website of the Office of the Commissioner of Lobbying, located at www.ocl-cal.gc.ca. No such notification is required by the Act if an exemption is denied.