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.

Lobbying Commissioner Karen Shepherd has released the new Lobbyists’ Code of Conduct, providing additional regulation of those attempting to influence federal decision making.

Among other provisions, the new code creates a “sense of obligation” test, prohibiting a lobbyist from lobbying an official where they share a relationship close enough to create a sense of obligation. Additionally, the new code prohibits a lobbyist from providing gifts to a government official, regardless of whether or not the official is being lobbied.

The code’s effective date has yet to be determined; however, it is expected to take effect sometime after the summer.

Chief Electoral Officer Glen Resler confirms writs were delivered today to administer elections across Alberta. Although Alberta has a fixed election set for spring 2016, Lt. Gov. Donald Ethell agreed to dissolve the Legislative Assembly at the premier’s request.

Candidate nominations for the 29th provincial general election begin today and end at 2:00 p.m. on Friday, April 17. Polling day is scheduled for Tuesday, May 5, 2015.

The 2011 Election Amendment Act requires elections to be held in the fourth calendar year after the preceding election. However, this law does not affect the powers of the lieutenant governor to dissolve the Legislature before the four years has expired.

Political contributions from corporations and unions may soon be prohibited in Ottawa, Canada’s municipal elections if City Councillor Tobi Nussbaum can convince the city to seek provincial approval for the ban. On March 25, Nussbaum informed the city council he will ask for debate on the issue at the next meeting on April 15. According to the Ottawa Sun, Mayor Jim Watson is against a prohibition on corporate and union contributions.

Members of the Legislative Assembly (MLAs) have passed a motion requesting the government implement a lobbyist registry in the territory. The registry would identify lobbyists and each meeting with elected officials.

MLAs have also asked the government to develop an online database to allow public access to the registry.

Only New Brunswick, Prince Edward Island, and the three territories are without a lobbyist registry.

A by-election will be held on February 5 to select a representative for the Legislative Assembly of the Province of Ontario, Canada, for the Electoral District of Sudbury. The by-election was announced on January 7 by Chief Electoral Officer Greg Essensa.

The campaign period for candidates began on January 7 and will end on May 5.

Photo of the Ontario Legislative Building by Andrijko Z. on Wikimedia Commons.

Premier Brian Gallant has again questioned a long running delay in implementing a lobbyist registry in the province. The Legislative Assembly in New Brunswick passed the Lobbyists’ Registration Act in May but, in order to take effect, the cabinet must first proclaim the act and promulgate regulations for its operation.

The act is similar to the federal government and other provinces in requiring lobbyists to register publicly, disclose who they represent as well as who they meet with and what topics are discussed.

It has been seven years since Premier Shawn Graham first initiated a push for a law regulating lobbyists.

The consultation period for review of the Revised Lobbyists’ Code of Conduct has ended.

Commissioner of Lobbying Karen Shepherd drafted the revisions and invited comment on the proposed changes to be submitted by December 19, 2014. The changes focus on the relationship between lobbyists and public officials, while removing rules relating to the relationship between lobbyists and clients.

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

Once Shepherd finalizes the revisions, they will be referred to the House of Commons Standing Committee on Access to Information, Privacy, and Ethics, before being published in the Canada Gazette. The current version of the Lobbyists’ Code of Conduct remains in place until the revised code comes into effect.

Image of Canadian Flag by Djameson1983 on Wikimedia Commons.

Minister of Justice and Solicitor General Jonathan Denis recently introduced the Alberta Accountability Act to ensure high ethical standards and to enhance accountability on behalf of elected officials and public servants.

Among other changes, the legislation revises post-employment restrictions, increases consistency in conflict of interest rules, clarifies gift rules, eliminates the majority of sole-source contracts, and expands the authority for the Alberta Ethics Commissioner.

The Act passed the House and is currently awaiting Royal Assent.

On December 9, the Legislative Assembly of Ontario passed an omnibus bill that includes changes to the province’s Lobbyists Registration Act, 1998.

Schedule 8 of Bill 8, the Accountability and Transparency Act, gives the Ontario Integrity Commissioner as Lobbyist Registrar more enforcement power for violations. Individuals found in violation can be prohibited from lobbying for up to two years. Among other changes, the bill creates a 50 hour per year threshold of lobbying activity to meet the Act’s definition of in house lobbyists.

Schedule 8 comes into force on a day to be named by proclamation of the Lieutenant Governor.

Photo of the Ontario Legislative Assembly Building by Andrijko Z. on Wikimedia Commons.