Office of the Commissioner of Lobbying of Canada
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Application of the Act - Annual Report 1992-1993
For the year ended March 31, 1993.
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Table of Content
- Purpose and Description of the Act
- Registry Activity
- Statistical Review
- Compliance
- Information Requests
June 30, 1993
Registrar General of Canada
House of Commons
Ottawa, Ontario
K1AOA6
Dear Sir:
I have the honour to present to you the fourth Annual Report on the administration of the Lobbyists Registration Act in accordance with the provisions of subsection 11(1) of the Act. The report covers the fiscal year ending March 31,1993.
Yours sincerely,
Corinne MacLaurin
Registrar
This is the fourth Annual Report on the administration of the Lobbyists Registration Act (R.S.C. 1985, c. 44 (4th Supp.)). This report covers the period from April 1, 1992 to March 31, 1993.
1. Purpose and Description of the Act
The purpose of the Lobbyists Registration Act, as recited in its preamble, is to bring transparency to the activities of paid lobbyists without irripeding access to government. The Act accomplishes this purpose by requiring that individuals who, for pay, engage in certain lobbying activities, register so that the public, as well as those holding public office, can be aware of who is lobbying and on whose behalf.
The Act distinguishes between two types oflobbyists: Tier I and Tier II. A Tier I lobbyist is an individual who, for payment and on behalf of a client, undertakes to arrange a meeting with a public office holder or to communicate with a public office holder in an attempt to influence the development, making or amendment of any federal law, regulation, policy or program or the award of any federal monetary grant or the award of any federal contract. "Public officer holder" means any officer or employee of Her Majesty in right of canada and includes virtually everyone occupying a position in the federal government.
Tier I lobbyists (sometirries referred to as "professional lobbyists") must file one registration for each of their undertakings to lobby on behalf of a client. These lobbyists are required to disclose their clients, and if the client is a corporation, the parents and subsidiaries of that corporation. They are also required to disclose the subject-matter of their undertaking. Tier I lobbyists must register within 10 days of commencing their lobbying activity.
A Tier II lobbyist is an individual who, on behalf of an employer, communicates as a significant part of his or her duties with a public office holder in an attempt to influence the same type of activities as apply to Tier I lobbyists, except for the awarding of contracts.
Tier II lobbyists (sometirries referred to as "employee lobbyists") are required to register annually, providing their name and the name and address of their employer. These lobbyists must register within two months of assuming their duties and must renew their registration before the end of February each year.
The Lobbyists Registration Regulations set out the manner and form of the returns to be filed and the applicable fees for services provided by the Registry of Lobbyists.
Responsibility for the administration of the Act is assigned to a registrar who is appointed by the Registrar General of Canada and who is required to establish and maintain a public Registry of Lobbyists. Investigation and enforcement under the Act is the responsibility of the Royal Canadian Mounted Police.
The Act was proclaimed in force on September 30, 1989. There is a provision after three years for a comprehensive review of the administration and operation of the Act by a parliamentary committee. The review process, by the House of Commons Standing Committee on Consumer and Corporate Affairs and Government Operations, began on November 19, 1992.
The Budget Implementation (fiscal measures) Act 1992 received Royal Assent on April 2, 1993. It amends the Lobbyists Registration Act to give the authority to charge lobbyists fees for registration. The actual fee schedule will be established in 1993-94 through the regulatory process.
2. Registry Activity
For administrative purposes, the Registry of Lobbyists is established within Industry and Science Canada as the Lobbyists Registration Branch.
In 1992-93, the Lobbyists Registration Branch was allocated four person-years. One additional part-time person was required to provide service and to maintain a consistent approach to the interpretation of the legislation. The Branch expenditures were $439 800, including salaries and operating costs.
The Branch provides advice to potential lobbyists, public office holders, and the general public with respect to filing requirements under the Act and the Regulations. It also disseminates information by a variety of other means, including distributing information packages, corresponding with potential lobbyists, providing interviews to the media, and giving presentations to professional associations and federal government officials.
Public office holders were reminded about the registration requirements for lobbyists, and informed about the services of the Registry, in notices sent to federal cabinet ministers and other members of Parliament, deputy ministers and Governor-in-Council appointees following the tabling of the 1991-92 Annual Report.
Branch staff review the returns submitted for registration. Information is checked for completeness, and inconsistencies or obvious omissions are communicated to the lobbyist for correction or for supplementary information.
The Registry is computerized and reports by registrant, employer or client name can be produced from the database. Branch staff assist members of the general public and public office holders to obtain information from this Registry.
3. Statistical Review
Registrations
In 1992-93, a total of 6 995 registrations were processed. Table 1 provides data on the number of new returns processed. Amendments include changes to existing returns as well as notifications of termination of lobbying activity.
The number of registrations and lobbyists represent the total active population on March 31. At the end of the 1992-93 fiscal year, there were 832 active Tier I lobbyists registered, an increase of 5 percent over the previous year. There were 1 898 Tier II lobbyists, a decrease of 3 percent.
| 1991-1992 | 1992-1993 | ||
|---|---|---|---|
| Registrations Processed between April 1 and March 31 |
|||
| Tier I | 1 438 | 1 341 | |
| Tier II | 2 277 | 2 166 | |
| Amendments | 3 876 | 3 488 | |
| 7 591 | 6 995 | ||
| Registrations Active on March 31 | |||
| Tier I | 3 441 | 3 728 | |
| Tier II | 2 030 | 1 974 | |
| 5 471 | 5 702 | ||
| Lobbyists Active on March 31 | |||
| Tier I | 790 | 832 | |
| Tier II | 1 961 | 1 898 | |
| 2 751 | 2 730 | ||
Subject-Matter of Tier I Lobbying Undertakings
Tier I lobbyists are required to disclose the subject-matter of their lobbying undertakings. The registration form lists 52 general subject-matter categories. Table 2 provides a listing of the various subject areas by descending order of frequency with which each was identified in all active Tier I registrations filed through March 31, 1993. Comparative information is provided for the previous year.
| 1991-1992 | 1992-1993 | |
|---|---|---|
| Subject-Matter | Rank | Rank |
| International Trade | 1 | 1 |
| Industry | 3 | 2 |
| Regional Economic Development | 4 | 3 |
| Government Procurement | 4 | 4 |
| Science and Technology | 5 | 5 |
| Corporate Affairs | 7 | 6 |
| Investment | 6 | 7 |
| Taxation | 8 | 8 |
| Consumer Issues | 9 | 9 |
| Environment | 10 | 10 |
| Health | 12 | 11 |
| Transportation | 11 | 12 |
| Intellectual Property | 14 | 13 |
| Foreign Affairs | 13 | 14 |
| Federal-Provincial Relations | 15 | 15 |
| Fiscal and Monetary Policy | 22 | 16 |
| Communications | 18 | 17 |
| Energy | 17 | 18 |
| Defence | 16 | 19 |
| Administration of Justice | 20 | 20 |
| Public Works | 21 | 21 |
| Employment | 23 | 22 |
| Financial Institutions | 19 | 23 |
| Natural Resources | 24 | 24 |
| Small Business | 21 | 25 |
| Social Policy | 26 | 25 |
| Privatization | 27 | 26 |
| International Development | 32 | 27 |
| Small Business | 25 | 28 |
| Agriculture | 28 | 29 |
| Labour | 25 | 28 |
| Aboriginal Affairs | 30 | 31 |
| Fisheries and Oceans | 31 | 32 |
| Public Safety | 35 | 33 |
| Tourism | 36 | 34 |
| Forestry | 41 | 35 |
| Arts and Culture | 34 | 36 |
| Immigration | 33 | 37 |
| Mining | 39 | 38 |
| Postal services | 37 | 39 |
| Youth Issues | 38 | 40 |
| Housing | 43 | 41 |
| Women's Issues | 42 | 42 |
| Senior Citizen Issues | 45 | 43 |
| Post-secondary Education | 40 | 44 |
| Other | 46 | 45 |
| Criminal Law | 44 | 46 |
| Veterans Affairs | 50 | 47 |
| Amateur Sports | 49 | 49 |
| Multiculturalism | 52 | 49 |
| Citizenship | 51 | 50 |
| Parole and Penitentiaries | 52 | 51 |
| Human Rights | 47 | 52 |
Types of Tier I Lobbying Activities
Tier I lobbyists are also required to disclose the type oflobbying activity involved. Seven types of activity are identified on the registration form. Table 3 shows the listing, by descending frequency, of the lobbying activities identified in all active registrations filed through March 31, 1993. Comparative information is provided for the previous year.
| 1991-1992 | 1992-1993 | |
|---|---|---|
| Type of Activity | Rank | Rank |
| Communicating with a public office holder in an attempt to influence the development of a policy or program of the Government of Canada | 1 | 1 |
| Arranging a meeting with a public office holder | 2 | 2 |
| Communicating with a public office holder in an attempt to influence the making or amending of any regulation within the meaning of the Statutory Instruments Act | 3 | 3 |
| Communicating with a public office holder in an attempt to influence the awarding of any contract by or on behalf of Her Majesty in right of Canada | 4 | 4 |
| Communicating with a public office holder in an attempt to influence the awarding of any monetary grant or contribution or any other financial benefit by or on behalf of Her Majesty in right of canada | 6 | 5 |
| Communicating with a public office holder in an attempt to influence the development of a legislative proposal by the Government of canada or by a member of the Senate or the House of Commons | 5 | 6 |
| Communicating with a public office holder in an attempt to influence the introduction, passage, defeat or amendment of any Bill or resolution before either House of Parliament | 7 | 7 |
4. Compliance
Potential lobbyists are informed of the registration requirements of the Act through information campaigns, speeches, the issuance of guidelines and information kits, and the provision of advice. When incomplete registration returns are lied, the Lobbyists Registration Branch requests lobbyists to correct the observed deficiencies.
5. Information Requests
In 1992-93, 968 telephone calls for information on the legislation, as well as on registered lobbyists and their clients, were received from public office holders, the media, and members of the general public. There were 74 visitors to the Branch, and staff produced 475 reports from the Registry's database.
Branch revenues from copies of documents and Registry reports amounted to $6 366 for the period ending March 31, 1993.
The Registry is open to the public Monday to Friday, except holidays, between 8:30 a.m. and 4:30 p.m. It is located at:
Lobbyists Registration Branch
Industry and Science Canada
Place du Portage, Phase fl, 4th Floor
165 Hôtel-de-Ville Street
Hull, Quebec
K1A OC9
General: 819-953-7144
Legislative Enquiries: 819-953-7145
Lobbyists Registry Information: 819-953-9246
FAX: 819-953-9247
