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Regulatory Impact Analysis Statement
Department of Industry
Lobbyists Registration Regulations
This document is reproduced in its entirety from the Canada Gazette Part II, Vol.129, No.26. This Regulatory Impact Analysis Statement accompanies, but is not part of, the new Lobbyists Registration Regulations made by Order in Council P.C. 1995-2056 of December 7, 1995 as published in the Canada Gazette Part II, Vol.129, No.26, December 27, 1995.
Description
These Regulations are made under the authority of an Act to amend the Lobbyists Registration Act and to make related amendments to other Acts, Statutes of Canada 1995, c.12, which received Royal Assent on June 15, 1995. This Act provides for amendments to the Lobbyists Registration Act, Revised Statutes of Canada 1985, c.44 (4th suppl.) and authorizes the Governor in Council to make regulations respecting the form and manner of the returns to be filed.
These Regulations set out the format of the returns which lobbyists must use to disclose the required information, as well as the manner in which these returns must be submitted. Returns may be filed in electronic or other form as specified by the registrar. Registration fees for different forms of filing are dealt with pursuant to the Department of Industry Act.
The Lobbyists Registration Act (hereafter "the Act") requires individuals who are paid to make representations to federal public office holders in an attempt to influence - i.e. lobby - to register and disclose certain information. This information will be available to the public through a computerized registry system.
The Act distinguishes among three types of lobbyists. Individuals who lobby on behalf of clients must register as Consultant Lobbyists. Employees of corporations whose job involves a significant amount of lobbying for their employer must register as In-House Lobbyists (Corporate). Senior officers of organizations which pursue non-profit objectives must register as In-House Lobbyists (Organizations) when one or more employees lobby and where the total duties of all such employees would constitute a significant part of the duties of one employee.
The Act requires that lobbyists submit certain information in returns and notify the registrar of any changes to information previously submitted, including termination of lobbying activity. This information must be submitted in the form and manner prescribed by regulation and these regulations are, therefore, an integral part of the implementation of the Act.
The Act requires significant additional information to be provided by lobbyists. Several techniques, such as checklists and narrative statements, were used to facilitate the collection of information.
The Act requires the senior officer of organizations, such as associations, to complete only one form listing all employees who lobby. A consulting firm or a corporation may also complete a consolidated form in cases where the same government departments or agencies are lobbied for the same subject-matters, and where the only difference in the forms would be the names of the individual lobbyists.
The Act and Regulations will come into force on January 3l, l996.
Alternatives
The Act provides explicitly for lobbyists to file their returns in electronic or other formats. The Regulation gives those lobbyists who file hard copy the option of sending their returns by mail or by hand. Lobbyists may also file their returns electronically without the need to send paper copy. The Regulation, therefore, supports the Act by providing a variety of methods and means of filing without rejecting specific alternatives.
Benefits and Costs
The new Act focuses on making more timely and comprehensive information available to Canadians about lobbyists and what they do. It also permits lobbyists to file their returns electronically with any personal computer, modem and communications software; costs of a simple system are estimated at less than $500.
It is estimated that 2,000 forms or returns will be filed annually by l,000 Consultant Lobbyists for undertakings on behalf of their clients. Some l,200 in-house corporate employee lobbyists are expected to register annually, and 500 associations semi-annually. It is also estimated that 4,000 notices will be filed annually advising of either changes to information previously submitted in returns or termination of lobbying activity.
Enhanced use of computer technology will be key in maintaining current resource levels while absorbing the extra volume and increased frequency of information disclosed by lobbyists. Electronic filing, while not a mandatory requirement, is however the major administrative enhancement intended to reduce the burden of paper handling and filing costs for everyone. As well, information which is filed electronically can be processed and made available more quickly to the general public.
Consultation
Bill C-43, an Act to Amend the Lobbyists Registration Act and to make related amendments to other acts, was tabled in June 1994. At that time proposed draft forms, based on the requirements of the Bill as it was tabled, were sent for comment to the 2,800 registered lobbyists, as well as to selected academics and media representatives. These forms were subsequently redrafted to reflect comments received during the Bill's consideration by Parliament. Further consultations were then held with several consulting firms, companies and trade associations, and some improvements were incorporated into the forms.
Early notice was provided through the 1995 Federal Regulatory Plan as proposal number IC/95-39-L. Copies of the Canada Gazette Part I for September 23, l995, which contained the draft regulation and forms, were sent for comment to all registered lobbyists. In addition, a pilot test of the on-line electronic filing application was conducted.
During this consultative process, several issues were raised, including the level of detail of information required and registration procedures. In response to the concerns, a guide to the Act and several interpretation bulletins will be issued to clarify the registration and information reporting requirements. As well, additional improvements were made to the forms, and some modifications were made to the on-line electronic filing system.
Compliance and Enforcement
The onus for complying with the Act and Regulations rests on the consultant lobbyist, the in-house corporate lobbyist or the senior officer of organizations. Under the Act, the registrar may verify and demand clarification of information submitted by lobbyists. The Act provides for penalties for not registering or for submitting false or misleading information. Responsibility for enforcement rests with the Royal Canadian Mounted Police.
Information will be provided to all registered lobbyists prior to proclamation of the Act and Regulations.
For further information, contact:
Corinne MacLaurin
Director
Office of the Registrar of Lobbyists
Office of the Ethics Counsellor
255 Albert Street, 10th Floor
Ottawa, Ontario K1A 0R5
Telephone: 613-957-2760
Fax: 613-957-3078
