Lobbying the Government of Canada: Disclosure and Ethics

Transcription

1 Lobbying the Government of Canada: Disclosure and Ethics FM Panelists: Guy Giorno, Sean Morley Guest Panelist: Timothy Hutzul, Director, Legal Services, Aecon Group Inc. Toronto Fasken Martineau Symposium Wednesday, April 27, 2011 Overview Primary policy objectives Registration / regulation continuum Lobbyists registration systems across Canada

2 Federal Lobbying Act Consultant Lobbyists Lobbying by an individual for payment on behalf of any person or organization In-House Lobbyists Lobbying by employees of corporations or organizations 20% threshold Federal Lobbying Act Applies to communication in respect of : the development of any legislative proposal by the government of Canada or by a member of the Senate or House of Commons the introduction of any bill or resolution in either House of Parliament or the passage, defeat or amendment of any bill or resolution the making or amendment of any regulation the development or amendment of any policy or program of the government of Canada the awarding of any grant, contribution or other financial benefit by or on behalf of the Government of Canada

3 Federal Lobbying Act AND in the case of consultant lobbyists the awarding of any contract by or on behalf of Her Majesty in right of Canada Arranging a meeting between a public office holder and any other person Communication must be with a public office holder Federal Lobbying Act Communication with a public officer holder that is not caught by the Act: A request for information A submission to a parliamentary committee that is a matter of public record A submission in a proceeding that is a matter of public record the round-table exemption Communication in respect of the enforcement, application or interpretation of an Act or regulation

4 Federal Lobbying Act Reporting obligations Consultant lobbyists if ANY lobbying In-house lobbyists 20% threshold Reporting communication with Designated Public Office Holders Federal Lobbying Act Regulation of lobbying activity Ban on contingency fees 5-year ban on lobbying by former Designated Public Office Holders

5 Federal Lobbying Act Penalties for breach of the Act Up to $200,000 and/or 2 years in jail Reputational risk Federal Lobbying Act Office of the Commissioner Independent officer reporting to Parliament Broad investigative powers

6 Federal Lobbying Act Special considerations for in-house counsel Establishing a due diligence defence Corporate policies Tracking employee activity Participating in industry associations Independent directors Other Regimes British Columbia Alberta Manitoba Ontario Quebec New Brunswick Nova Scotia Newfoundland and Labrador City of Toronto

7 Ethical Issues Lobbyists Codes of Conduct Solicitor-Client Privilege Rules of Professional Conduct Codes of Conduct Federal Quebec Newfoundland and Labrador Toronto

8 Federal Code 3 principles 8 rules Principles Integrity and Honesty Openness Professionalism

9 Rules Transparency 1, 2, 3 Confidentiality 4, 5 Conflict of Interest 6, 7, 8 Federal Rule 8 Improper influence Political activity

10 Lobbying While Advising Federal rules Lobbying While Advising Provincial bans: Alberta British Columbia Manitoba Quebec

11 Codes of Conduct Enforcement Penalties Codes With Penalties Quebec Newfoundland and Labrador Toronto

12 Privilege How does solicitor-client privilege apply to the lawyer lobbyist? Professional Conduct Relationship to the Administration of Justice sub-rule 4.06(2) Disclosure

13 Professional Conduct Competence Rule 2.01 Disclosure Professional Conduct Conflicts of Interest Rule 2.04 Members of official bodies (6.05(4)) Former public officials (6.05(5))

14 Professional Conduct Communication Rule 6.06