On June 16, the Legislative Assembly of Alberta adjourned for the summer.

Lawmakers passed Bill 68, the Election Statutes Amendment Act, 2021, which unambiguously states that a member of the Legislative Assembly, including a member of the Executive Council in his or her capacity as a member of the Legislative Assembly, is not prohibited from publicly expressing his or her views on the subject-matter of a referendum. Bill 202, the Conflicts of Interest (Protecting the Rule of Law) Amendment Act, 2020, has stalled in the Assembly. The bill would impose more stringent ethics law upon members of the Assembly.

The Assembly is tentatively scheduled to reconvene on October 25.

The Ethics Committee of the Canadian House of Commons issued a report this month making recommendations for the House and the executive branch, including recommending greater recording-keeping when meeting with lobbyists. Specifically, the committee urges the Government of Canada to implement a mandatory rule requiring, except in exceptional circumstances, that senior public office holders be accompanied by at least one member of staff, for note taking purposes, during any meeting with lobbyists.

On June 10, the Standing Committee on Access to Information, Privacy and Ethics issued a 116-page report titled “Questions of Conflict of Interest and Lobbying in Relation to Pandemic Spending,” which calls for greater transparency and accountability in procurement processes with specific recommendations.

Some of the recommendations include that the Government of Canada remove the significant part of duties threshold from the Lobbying Act for in-house lobbyists and clarify lobbying rules applicable to founders of organizations that may lobby government; introduce legislative changes to the Lobbying Act to give the Commissioner of Lobbying greater powers to investigate, issue fines and impose lobbying bans to those who disregard the Act; and ensure better compliance with the post-employment obligations of a public office holder, whether through greater sanctions or other means.

The report, a study originally started in 2020 to address general safeguards in place to prevent conflicts of interest in federal government expenditure policies, updated its focus to include pandemic spending and ways to counter the ethical concerns arising from the WE Charity scandal, in which former Finance Minister Bill Morneau was found to have violated the Conflict of Interest Act. It details events surrounding the awarding of the contribution agreement for the administration of the Canada Student Service Grant; addresses issues concerning communications by a former reporting public office holder with government officials; and the federal government’s award of a ventilator contract during the pandemic.

The committee made a total of 23 recommendations, including that the Government of Canada establish oversight and accountability mechanisms that are specifically designed to ensure rapid and transparent allocation of federal funds during emergency situations.

On June 8, an Ontario, Canada Superior Court judge struck down a section of the province’s Election Finances Act that mandated a 12-month pre-election period restricting third party advertising.

Ontario Superior Court Justice Edward M. Morgan’s decision, Working Families Ontario v. Ontario, explicitly holds that the period will no longer be in effect. The restricted pre-election spending period of 12 months had a $600,000 limit on third-party political advertisement expenditures.

Judge Morgan found the law was unconstitutional and a violation of the “freedom of expression” for the parties suing the province.

As noted by the judge in his decision, the next election in Ontario is scheduled to take place on June 2, 2022, already within the 12-month restricted period for political advertisements under the section being stricken. Judge Morgan wrote, “It would be unfair to the Applicants (and to other potential third-party political advertisers) for statutory provisions that have been declared unconstitutional to remain in operation during this time.” He found the burden of addressing the issue should remain on the legislature to craft an appropriate and constitutional provision.

On June 3, the Legislative Assembly of Ontario adjourned for the summer.

Bill 162, Public Accountability and Lobbyist Transparency Act, 2020, has remained in committees since March of 2020.

Changes the legislation could bring include requiring any member of the Executive Council who has been lobbied by, or otherwise met with, a consultant or in-house lobbyist to file a report about the lobbying or meeting with the registrar not later than 30 days after the lobbying or meeting took place.

This Act would come into force on the day it receives Royal Assent.

The Assembly is scheduled to reconvene on September 13.

On June 1, the Legislative Assembly of Manitoba adjourned for the summer.

Bill 222, The Lobbyists Registration Amendment Act, was introduced in March, but has not yet moved beyond the first reading.

The bill would remove the exemption for union representatives in The Lobbyists Registration Act.

If passed, the Act would come into force 90 days after the day it receives royal assent.

The Assembly is scheduled to reconvene on October 6.

On May 24, a bill was introduced in the U.S. Senate to prohibit political campaigns from using tactics that unwittingly enter donors into recurring contributions. The legislation, Senate Bill 1786, was created in response to a unanimous Federal Election Commission (FEC) legislative recommendation sent to Congress earlier this month.

Titled the “Rescuing Every Contributor from Unwanted Recurrences” (RECUR) Act, the bill amends the Federal Election Campaign Act of 1971 to ban political campaigns from using pre-checked recurring donation boxes, to create a new opt-in requirement for contributors to affirmatively consent to recurring charges, and to require political committees or campaigns to inform contributors about how to cancel recurring contributions and to cancel recurring contributions immediately upon request.

Sometime before November 16, 2021, a by-election will be announced for the seat in the House of Commons representing Haldimand–Norfolk in the province of Ontario.

On May 20, the Chief Electoral Officer of Canada, Stéphane Perrault, received official notice from the Speaker of the House of Commons that the seat for Haldimand–Norfolk (Ontario) became vacant following the resignation of Diane Finley. On May 11, Finley resigned from her seat in the House of Commons, explaining she was leaving on the same date of the death of her late husband, Senator Doug Finley. “It just seems fitting and symbolic that I also end my service and exit politics on the same date,” explained MP Finley in her press release.

Under the law, the by-election date must be announced between May 31 and November 16, 2021, and will signal the start of the by-election period. According to Elections Canada, the earliest date the by-election can be held is July 12, 2021.

On May 12, the British Columbia Office of the Registrar of Lobbyists released an updated guidance document concerning provincial entities.

The most prominent update concerns reporting when lobbying regional health authorities. The Office of the Registrar interprets health authorities to be government corporations as defined by the Financial Administration Act, and not just provincial entities. Lobbyists are required under the Lobbyists Transparency Act (LTA) to report all of their lobbying activity with health authorities because the LTA states that all officers, directors, and employees of government corporations are public office holders.

The guidance lists the provincial health authorities in British Columbia as the Northern Health Authority; the Interior Health Authority; the Fraser Health Authority; the Vancouver Coastal Health Authority; the Vancouver Island Health Authority; and the Provincial Health Services Authority.

On May 6, a unanimous Federal Election Commission (FEC) sent a message to the U.S. Congress: prohibit political campaigns from using tactics that unwittingly enter donors into recurring contributions.

As part of a package of legislative recommendations approved at its open meeting, the bipartisan commission asked Congress to amend current federal campaign finance law to require “affirmative consent” by donors if a political entity wants the donors enrolled in a program of recurring contributions.

As reported by the New York Times last month, campaigns involved with former President Donald J. Trump steered large numbers of their political contributors, without the contributors’ realization, into repeated periodic donations though prechecked boxes (for authorization) included on what many donors thought was a one-time payment form. The tactic has also been used by groups supporting Democratic candidates, including Actblue and the Democratic Congressional Campaign Committee.

In its legislative recommendation, the FEC stated “that many contributors are unaware of the ‘pre- checked’ boxes and are surprised by the already completed transactions appearing on account statements.”

The apportionment of seats for the U.S. House of Representatives, based on the newly released 2020 U.S. Census data, will soon be updated for the 118th Congress, which convenes in January 2023. On April 26, Secretary of Commerce Gina Raimondo delivered the U.S. Census population count results to President Joseph Biden for use in apportioning the seats in the U.S. House of Representatives.

Texas will gain two seats in the House, while Colorado, Florida, Montana, North Carolina, and Oregon will each gain one seat.

California, Illinois, Michigan, New York, Ohio, Pennsylvania, and West Virginia will each lose one seat.

The remaining states’ number of seats will remain the same.

The U.S. Census Bureau announced the resident population of the United States increased overall by 7.4%.

On April 27, President Joseph R. Biden signed an executive order requiring federal contractors to pay $15 per hour for employees working on or in connection with a federal government contract.

Beginning January 30, 2022, all federal agencies are required to incorporate a $15 minimum wage in new contract solicitations. By March 30, 2022, all agencies will need to implement the minimum wage into new contracts. Federal agencies are also directed to implement the higher wage into existing contracts when the parties exercise their option to extend such contracts.

Contractors and subcontractors must certify they will meet this condition requiring the minimum wage. This certification is a condition of payment to the contractors from the government.

The order applies, with certain exceptions, to any new contract; new contract-like instrument; new solicitation; extension or renewal of an existing contract or contract-like instrument; or exercise of an option on an existing contract or contract-like instrument. This order does not apply to grants; contracts, contract-like instruments, or certain specific type of agreements with Indian Tribes.

Starting January 1, 2023, the minimum wage will be adjusted annually, but not lowered, by the U.S. secretary of labor based on a consumer price index formula and rounded to the nearest multiple of $0.05. For tipped workers, the minimum wage mandated by the order is $10.50 per hour beginning January 30, 2022. Beginning January 1, 2023, tipped workers must receive 85% of the wage rate in effect for non-tipped employees, rounded to the nearest multiple of $0.05. Then beginning January 1, 2024, and for each subsequent year, tipped workers must receive 100% of the wage received by non-tipped worker, eliminating the difference between the type of workers. Adjustments must be considered by employers of tipped workers who do not receive a sufficient additional amount on account of tips to equal to the minimum wage of non-tipped workers.

If a state or municipality has a higher minimum wage, the Executive Order does not excuse noncompliance with the laws requiring the higher wage. The secretary of labor is ordered to issue regulations by November 24, implementing this order.

Today, the U.S. House of Representatives passed legislation to make the District of Columbia the 51st state of the United States of America.

House Bill 51, the Washington, D.C. Admission Act, would admit the District of Columbia into the union on an equal footing with the other states. If passed, the mayor of the District of Columbia would issue a proclamation for the first elections to Congress of two senators and one representative.

The state would consist of all District territory, with specified exclusions for federal buildings and monuments, including the principal federal monuments, the White House, the Capitol Building, the U.S. Supreme Court Building, and the federal executive, legislative, and judicial office buildings located adjacent to the Mall and the Capitol Building. District territory excluded from the commonwealth would be known as the Capital and be the seat of the federal government. The bill maintains the federal government’s authority over military lands and specified other property.

Additionally, the new state would be prohibited from imposing taxes on federal property except as Congress permits.

House Bill 51 refers to the new state’s name as “State of Washington, Douglass Commonwealth.” The bill also establishes the Statehood Transition Commission to advise the president, Congress, the District, and commonwealth leaders on the transition.

On April 19, a campaign finance bill in Ontario concerning contribution limits, political activities, and voting processes received Royal Assent.

Bill 254, the Protecting Ontario Elections Act, 2021, allows individuals to make contributions in an amount up to $3,300 per calendar year or campaign period to party and non-party candidates, leadership contestants, constituency associations, nomination contestants of a party or a constituency association of an independent member, and any one registered party. That amount will increase by $25 for each calendar year beginning on January 1, 2022.

Bill 254 enhances the law concerning collusion with third parties. Contributions from one third party to another third party for the purposes of political advertising are deemed as part of the expenses of the contributing third party.

Additionally, a third party is prohibited from trying to circumvent the rules and spending limits by splitting itself into two or more third parties, acting in collusion with another third party so that combined political advertising expenses exceed the applicable limit, and colluding with, including sharing information with, a registered party, registered constituency association, registered candidate, registered leadership contestant, or registered nomination contestant or any of their agents or employees for the purpose of circumventing the limit.

The Municipal Elections Act, 1996, is amended to provide that a registered third party may withdraw their registration by filing a written withdrawal in the clerk’s office during the time for filing a notice of registration.

The bill also allows independent members of the Assembly to endorse constituency associations, mandates the Chief Electoral Officer establish an advisory committee on voting equipment and vote counting equipment, and codifies certain administrative penalties.

Elections Canada recently published the updated limits on expenses for regulated activities of third parties involved in federal elections in Canada.

The Canada Elections Act imposes a limit on expenses a third party can incur for regulated political activities.

For the period of April 1, 2021, to March 31, 2022, a third party is prohibited from incurring overall election advertising expenses of a total amount of more than $525,700 during a general election. The previous limit was $521,850. For the same period of April 1, 2021, to March 31, 2022, a third party is prohibited from incurring election advertising expenses in a given electoral district of a total amount of more than $4,506 during a general election. The previous limit was $4,473.

Adjustments are made annually based on a formula of a base amount multiplied by the inflation adjustment factor in effect for the period.