With the Liberal Party taking office in Canada, a new process for appointing unelected Senate position is taking effect. Under the new process, an independent advisory board will use merit-based criteria to present a list of five potential candidates for each vacancy to Prime Minister Trudeau.

This new measure was motivated by the desire to have a more independent and non-partisan Senate.

Senators from the Liberal Party caucus were expelled last year after accusations of expense account abuse.

An updated Lobbyists’ Code of Conduct, which had not been revised since 1997, goes into effect today.

The new Code prohibits lobbyists from lobbying a public official if the lobbyist has campaigned for or has a business interest with the public official. Lobbyists will now be held responsible for giving prohibited gifts to public officials.

The revised rules are aimed at increasing transparency and public trust in officeholders.

On December 1, 2015, new revisions to Canada’s Lobbyists’ Code of Conduct will take effect.  The updates to the Code of Conduct, which has not been updated since 1997, are designed to clarify the rules and restrictions on lobbying in the country.

New rules will prohibit a lobbyist from lobbying a public official if the lobbyist has campaigned for or has business interests with the public official.  New regulations addressing gifts will hold a lobbyist responsible for giving a gift the public official is not allowed to accept.

A territorial general election will be held on Monday, November 23.

The Commissioner of the Northwest Territories issued the Writs of Election for the 2015 Territorial General Election following the dissolution of the 17th Legislative Assembly on October 25.

The Liberal Party, led by Justin Trudeau, won the October 19 general election in Canada by a landslide, taking 184 seats. Only 170 seats are needed to form a majority government. Stephen Harper, the Conservative Prime Minister, was unseated after three terms and almost 10 years in office.

Trudeau has stated plans to reduce greenhouse emissions, legalize marijuana, and improve infrastructure.

Photo of Justin Trudeau by Alex Guibord on Wikimedia Commons.

A by-election for the riding of Calgary-Foothills will be held on September 3, 2015.

Former Progressive Conservative Leader Jim Prentice vacated the seat when the New Democratic Party gained control of the Legislative Assembly in the May 5 provincial election.

There are six candidates competing in the election.

Prime Minister Stephen Harper has called for federal elections to take place on October 19, 2015.

Calling for an election during the summer is an unusual move in Canadian politics, creating the longest campaign period since 1874. Some view it as a move to ensure Harper’s Conservative Party stays in power as it will likely be the only party to have raised enough money to spend the maximum amount allowed by law.

The Conservative Party has been in power since 2006, winning two elections thereafter and gaining a majority in the House of Commons in 2011.

On August 1, the city of Hamilton, Ontario, Canada’s lobbyist registry came into effect. The new bylaw requires lobbyists to register at least one day before lobbying a member of council and any person on his or her staff or an employee of the city who is a member of the city’s senior management team. The law includes exemptions to registrations, as well enforcement powers and responsibilities of the lobbyist registrar.

Happy Canada Day!

On this date in 1867, the four provinces of Quebec, Ontario, New Brunswick, and Nova Scotia united together under the British North America Act to form the Dominion of Canada. Over the years, Canada expanded as more former British territories and holdings joined the Dominion. In 1999, the last territory to join Canada was Nunavut, which was carved out of the eastern Northwest Territories.

While most of us think of Canada as a great vacation spot or the birthplace of hockey, it is important to know how important Canada is to us.

Canada is the United States’ top trading partner. Every year, the U.S. takes in about three-quarters of Canadian merchandise exports. Canada is only behind Saudi Arabia and Venezuela when it comes to having proved oil reserves, and currently it ranks as the fifth-largest oil producer in the world.

Canada is important to the United States and U.S. businesses. This is why State and Federal Communications has an Executive Source Guide for Canadian Compliance for U.S. businesses. We want to ensure our clients are able to say “I Comply” (in English and French) when they do business in Canada.

Now, in honor of our neighbors to the north on Canada Day, here are 13 Random Facts about Canada:

1. In 1988, Canada and the U.S. signed the Canada-U.S. free trade agreement. The more famous NAFTA wasn’t signed until the 90s and took effect in 1994.
2. Quebec was originally called Lower Canada and Ontario was called Upper Canada. They were given these designations by Britain’s Canada Act. The designations of “Upper” and “Lower” were based on elevation and geographical features, not on which one appeared above the other on a map.
3. Geographically, Canada is immense. It is the second largest nation in the world, has the longest coastline of any nation in the world, and is the largest nation to share a border with only one other country. However, most of the population lives within 100 miles of the U.S. border.
4. The first transoceanic broadcast of a radio signal was received on Signal Hill, St. John’s, Newfoundland in 1901.
5. Canada is a constitutional monarchy, ruled by Queen Elizabeth II. Her representative in Canada is the Governor General. Since 1947, the governor general has had full authority to exercise the duties of the head of state, both in Canada and when abroad.
6. Canada is home to the oldest company in North America. The Hudson’s Bay Company, founded in 1670, controlled a huge area of land in Canada called Rupert’s Land and started as a fur trading company. Today, the Hudson’s Bay Company (HBC) holdings include the stores Hudson’s Bay, Lord & Taylor, Saks Fifth Avenue, and Saks Fifth Avenue OFF 5^th.
7. Canada introduced the $1 coin in 1987. With a loon on one side, it was soon nicknamed the “loonie.” Two dollar coins, or “toonies,” were introduced in 1996.
8. Newfoundland was the last province to join Canada. It was a British colony until 1949.
9. In 1918 Canadian women were granted the right to vote in federal elections.
10. Prime Minister Pierre Trudeau introduced the Official Languages Act in 1968, which declared French and English as the official languages of Canada.
11. During World War I, the Centre Block building of Parliament burned down, except for the library. A quick-thinking employee closed the doors separating the library from the rest of Centre Block, thus saving it from the fire. Centre Block was rebuilt after the war, with the addition of the Peace Tower being added to the original design. At the tower’s base is the Memorial Chamber. This chamber is dedicated to all Canadians who have served and died for their country.
12. Canada’s first official stamp cost three cents and featured a beaver.
13. In 1962, Saskatchewan became the first province to offer a public health care system in Canada.

A special thank you to George Ticoras and Becky Campbell for their help with this post.

Sources:

The World Factbook (https://www.cia.gov/library/publications/the-world-factbook)

Parks Canada – Signal Hill National Historic Site of Canada (http://www.pc.gc.ca/eng/lhn-nhs/nl/signalhill/index.aspx)

Global News (http://globalnews.ca/news/1420149/timeline-notable-dates-in-the-history-of-canada/)

Public Works and Government Sevices Canada (http://www.tpsgc-pwgsc.gc.ca/collineduparlement-parliamenthill/batir-building/centre/tour-tower/tour-tower-eng.html)

The Hudson’s Bay Company – http://www3.hbc.com/

A Brief History of Canada by Roger Riendeau, 2000

The National Assembly in Quebec has introduced new legislation proposing to strengthen and expand lobbying activities. Bill 56, titled the Lobbying Transparency Act, expands the scope of the definition of lobbyists to include shareholders lobbying for an entity as well as directors and officers of a non-profit. The bill also expands the types of activity considered to be lobbying.

Under Bill 56, all lobbying engaged in by enterprise or organization lobbyists triggers registration, not just those activities which represent a significant portion of his or her job, as is the threshold under current law. Making an appointment or setting up a meeting with a public office holder is considered lobbying under the proposed legislation.

Bill 56 requires each lobbyist to file a return before engaging in lobbying activity. This provision makes Quebec the only Canadian province to require registration prior to lobbying.

Finally, the bill imposes stricter penalties and higher fines on violators of the law.

Corporations and labor unions will no longer be permitted to donate to political parties in Alberta. Bill 1 passed its third reading on Monday, June 22, and when signed into law, will be retroactively effective to June 15, the day the bill was introduced in the house.

Proponents of the bill agree it puts power back in the hands of citizens rather than the entities with the deepest pockets. Critics, however, argue the bill has serious loopholes as it does not address the abilities of companies and unions to guarantee loans to parties or to donate services.

Premier Stephen McNeil has announced by-elections will take place on July 14, 2015.

The by-elections will fill vacancies in the House of Assembly for the electoral districts of Dartmouth South, Cape Breton Centre, and Sydney-Whitney Pier.

The Cape Breton Centre and Sydney-Whitney Pier seats are open due to retirements while the Dartmouth South is vacant due to the death of Allan Rowe in March.

On June 4, the Ontario, Canada Legislature adjourned the first session of the 41st Parliament.

The body is scheduled to reconvene its second session on September 14, 2015.

Photo of the Ontario Legislature by Antoien Cadotte on Wikimedia Commons.

Q. The Canadian branch of our company would like to set up some meetings with the federal government.  Does Canada have lobbying laws too?

A. Canada does have lobbying laws at the federal, provincial, and even municipal levels of government.

For the federal government, in-house lobbyists must register when the collective time devoted to lobbying activities by all of its employees reaches or exceeds 20 percent of the duties of a single equivalent-paid employee of the corporation or organization during a calendar month. Lobbying is communicating with public officeholders on behalf of another person or entity.

If the above threshold is reached, the senior most paid person of the company is required to file a registration and become the registrant. This registration will contain a list of all the names of the employees whose job duties include lobbying in some fashion.

Once registered, the registrant is required to file monthly returns. A return is the Canadian form of a report. The returns are due on the 15th day of the month. On this return, the registrant simply reports any communications that were had with public officeholders and the date and content of those meetings. The monthly return does not need to be filed if: (1) no communications with public officeholders took place that month; (2) no information on the registration needs to be amended; and (3) the undertaking has not been performed or terminated.

It isn’t just lobbying the federal government that you have to worry about, either. Almost all of the provinces have a separate lobbying law, and the major cities throughout the country are starting to pass lobbying laws as well. If you have specific questions related to your company’s activities in Canada, we will be more than happy to help you.

You can directly submit questions for this feature, and we will select those most appropriate and answer them here. Send your questions to: marketing@stateandfed.com.

(We are always available to answer questions from clients that are specific to your needs, and we encourage you to continue to call or e-mail us with questions about your particular company or organization. As always, we will confidentially and directly provide answers or information you need.) Our replies to your questions are not legal advice. Instead, these replies represent our analysis of laws, rules, and regulations.