Notice regarding the enforcement of the Lobbyists' Code of Conduct
(February 07, 2007)

Triggering Powers of Investigation through Alleged Breaches of a Principle or Rule

The powers of investigation under the Lobbyists' Code of Conduct (the Code) have traditionally been triggered by a breach of the rules associated with the Code. The use of rules as the sole trigger was the decision of the Ethics Counsellor. In his March 1, 1997 introductory message to the Lobbyists' Code of Conduct the Ethics Counsellor stated that:

"The Code begins with a preamble which states its purposes and places it in a broader context. Next comes a body of overriding principles which are in turn followed by specific rules. The principles set out, in positive terms, the goals and objectives to be attained without establishing precise standards. The rules then provide more detailed requirements for behaviour in certain situations. The principles therefore provide a framework for the Code as expressed in the rules. As a consequence, the powers of investigation which are provided to the Ethics Counsellor will only be triggered where there is an alleged breach of a rule."

However, more recently, the Registrar of Lobbyists has amended the Code introductory message to read:

"…The powers of investigation which are provided to the Registrar will be triggered where there is an alleged breach of either a principle or a rule of the Code."

The Registrar has, for some time, held that a breach of a principle is as feasible as a breach of a rule. In fact, he sees them as interrelated, such that breaching a rule likely breaches its related principle. For example, a lobbyist, who does not provide accurate and factual information to a public office holder, breaches Rule 2 of the Code, Accurate Information, and arguably, breaches aspects of the Principles of Integrity and Honesty and Professionalism as well.

Given the interrelationship of a rule to a principle, the Registrar of Lobbyists decided to broaden the definition of triggering to include both breaches of principles and rules. There is no legal impediment to this change, given that Section 10.4 (1) of the Lobbyists Registration Act states that "where the Registrar believes on reasonable grounds that a person has breached the Code – no mention of either a principle or a rule, nor whether one takes precedence over the other – the Registrar shall investigate to determine whether a breach has occurred." Thus, the Registrar amended the Code introductory message and empowered the Office to investigate breaches of Code principles and rules.