Elections: Reminder to lobbyists

Reminder concerning the practice of lobbying and the participation of lobbyists in political activities, September 5, 2008

In a recent decision (Democracy Watch v. Barry Campbell and the Attorney General of Canada (Office of the Registrar of Lobbyists), the Federal Court of Appeal (FCA) ruled that the September 2002 Guidelines issued by the former Ethics Counsellor regarding Rule 8 of the Lobbyists' Code of Conduct (Rule 8 — Improper Influence – Lobbyists and Leadership Campaigns) was an unreasonable interpretation of Rule 8.

While the Office of the Interim Commissioner of Lobbying (OCL) currently reviews the FCA's decision and determines its course of action, these guidelines have been archived and should be considered revoked. The OCL is also re-examining its interpretation of Rule 8 and will issue new guidelines in the near future.

In light of this FCA decision, the OCL has also removed from its website the document entitled "Reminder concerning the practice of lobbying and the participation of lobbyists in political activities", dated September 5, 2008, which suggested, among other things, that lobbyists de-register their lobbying activities if they participated in electoral or political activities. Therefore, the practice of de-registering during elections might be insufficient to avoid conflicts of interest or the appearance of conflicts of interest. The OCL is assessing this matter and will issue new guidelines as soon as possible.

In the interim, lobbyists and registrants should proceed with caution and avoid any possibility of or appearance of a conflict of interest.

The former Ethics Counsellor's advice regarding Rule 8 is available in the Archives section of this web site.

Should you wish to consult the Federal Court of Appeal's decision in the case of Democracy Watch v. Barry Campbell and the Attorney General of Canada (Office of the Registrar of Lobbyists), please consult its website.

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This reminder was prepared by the Office of the Commisioner of Lobbying to remind lobbyists of their obligations under the Lobbying Act and the Lobbyists' Code of Conduct with regard to the participation in political activities during election campaigns.

September 5, 2008

Reminder concerning the practice of lobbying and the participation of lobbyists in political activities

The Interim Commissioner of Lobbying wishes to remind lobbyists of some of the obligations which would apply to them should they simultaneously undertake lobbying activities, as they are defined by the Lobbying Act (the Act), and participate in political activities during the current election campaign.

Lobbyists who participate in political activities must ensure that they comply with the disclosure requirements of the Act in relation to any lobbying activity which could arise during or on the margins of such political activities. In addition, subsection 10.3 of the Act states that lobbyists are required to comply with the requirements of the Lobbyists' Code of Conduct. To this end, lobbyists should take all necessary measures to avoid any real or apparent conflict of interest involving themselves and their clients, as well as with public office holders whom they may meet, help or otherwise communicate with as they participate in political activities. In particular, lobbyists should ensure that they do not put public office holders in a position where they could themselves be in breach of their own code of conduct.

Consequently, lobbyists should establish to what extent their political activities and their lobbying activities are compatible and determine whether one or the other needs to be reassessed during an election campaign. In this context, should lobbyists decide to cease their lobbying activities and de-register during the campaign, this Office will ensure that such termination and subsequent registration requests are processed diligently.

Karen E. Shepherd
Interim Commissioner of Lobbying