December 6, 2011 •
Advocacy v. Lobbying in Ottawa
Refinements Wanted for Ottawa Lobbying Code
The Ottawa City Council Governance Renewal Sub-Committee has directed the city clerk to refine a proposed lobbyist code of conduct.
The councillors explicitly want the differences between advocacy and lobbying to be delineated in order to exempt advocacy activities from registration. The subcommittee differentiated advocacy activities, “communications that state a position for the purpose of a general community benefit, either city-wide or local,” from lobbying activities, “communications that seek to influence a decision for the direct benefit of an individual or the group they represent.”
The clerk’s office is also directed to develop options for a definition of a community association.
Also unsure of the best manner for the city to handle lobbyist activity disclosure, an additional demand was made of the clerk’s staff to “provide a high level overview of options for disclosure, including pros and cons of disclosure by Public Officials only, disclosure by lobbyists only, and dual disclosure.”
A response to the sub-committee is during sometime in the first quarter of 2012. The Governance Renew Sub-Committee is a sub-committee of the Finance and Economic Development standing committee.
Photo of Ottawa in January by SimonP on Wikipedia.
November 3, 2011 •
Canada to Consider Campaign Finance Restrictions
Loan Prohibition Proposed
Tim Uppal, Canada’s Minister of State for Democratic Reform has proposed a law which would limit loans available to candidates and political parties.
Under the proposed legislation, loans, loan guarantees, and contributions from individuals would be prohibited from exceeding $1,100 in the aggregate per calendar year. Presently, loans are not treated as part of the annual aggregate limit.
The proposal would also ban loans by unions as well as corporations when the loans are not made in the regular course of business by a financial institution.
October 20, 2011 •
Court Upholds Ruling Allowing Pre-Campaign Election Spending in British Columbia
60 days
A court in British Columbia has ruled the province cannot restrict election spending in the 60 days leading up to an official election call.
In British Columbia Teachers’ Federation v. British Columbia (Attorney General), the British Columbia Court of Appeal panel upheld a lower court ruling finding portions of Election Act sections 235.1 and 228 are unconstitutional, and are of no force and effect insofar as they relate to the pre-campaign period as defined in the Act. Therefore, the court affirmed the British Columbia Attorney General cannot restrict election spending in the pre-campaign period 60 days before the election period begins.
Election advertising preceding a 28-day campaign period is considered a “pre-campaign” period. In the decision Justice Catherine Anne Ryan wrote, “[R]estricting third-party advertising during the pre-campaign period would unjustifiably interfere with third parties’ issue advocacy, lobbying activity, and other advertising endeavours unrelated to the election.”
June 7, 2011 •
Lobbyists’ Registration Act Introduced in New Brunswick
New Brunswick to Debate Lobbying Law in Legislative Assembly
Legislation has been introduced in the New Brunswick Legislative Assembly providing for lobbyist registration and regulation.
Government House leader Paul Robichaud introduced Bill No. 43, the Lobbyists’ Registration Act, in response to a push by members of the Tory party for such a law following the discovery that Liberal party insiders were being hired to arrange meetings for energy companies bidding on provincial contracts.
Under the proposed legislation, lobbyists would be required to register, as well as name any companies they work for and the name of the ministers and departments met with. Lobbyists failing to register or making false or misleading statements would be fined up to $25,000 for a first offense and up to $100,000 for any subsequent offense.
The coat of arms for New Brunswick by Civvì on Wikipeida.
January 17, 2011 •
First Item of 2010 Campaign Finance Reform Measure Now Law in Quebec
Quebec Turns Calendar to 2011 to Roll Out Recent Campaign Finance Reform
The first of numerous recent changes to Quebec’s campaign finance law has gone into effect with the turn of the calendar into 2011. Touted as the first major reform in financing Quebec’s political parties since 1977, Assembly Bill 113 effectively lowered the contribution limit a voter may contribute to a party or candidate from $3,000 to $1,000 effective on January 1, 2011. Additional changes are set to take effect on May 1, 2011.
Included in these changes is a requirement for all contributions to first pass through the province’s Chief Electoral Officer, who will then distribute the contribution as directed. Further, in an effort to prevent companies from making contributions in the names of employees, all persons making a contribution will now be required to declare the contribution is made out of the person’s own property and voluntarily.
Finally, additional penalties have been created, including a prohibition for three years on the ability of any natural or legal person convicted of a campaign finance offense to acquire a public contract.
Photo of Québec City by Martin St-Amant on Wikipedia.
November 29, 2010 •
Campaign Finance News from Canada
Quebec Government Seeking to Alter Campaign Finance Law
The province of Quebec is seeking to make alterations to campaign finance law in an effort to reduce fraud and restore the confidence of the public in how political parties are financed. Quebec’s government will follow the recommendations of the province’s Chief Electoral Officer and will make amendments to Assembly Bill 113.
In present form, Bill 113 seeks to prevent companies from making contributions to political parties in the names of employees. However, the bill will be amended to permit voters to make annual contributions of a maximum $1,000, reduced from $3,000, to political parties and candidates, and require all contribution checks to first pass through the province’s Chief Electoral Officer, who will then distribute the money to the designated political party or candidate. Further, names of all donors would be made public, a break from current law which requires only the names of those contributing in excess of $200 be publicly available.
Supporters of the measure are touting this as the first major reform in financing Quebec’s political parties since 1977. The provisions of the bill are expected to be adopted prior to the end of the Assembly’s Fall session.
Image of the coat of arms of the Province of Quebec by Jérôme BLUM on Wikipedia.
September 24, 2010 •
Canada Expands Lobbyist Reporting Requirements
The Registry of Lobbyists approved changes to the Lobbyist Registration Act significantly expanding the scope of reportable activities.
Under the new rules, lobbyists are required to report contact with Members of Parliament, Senators and certain staff members affiliated with the Official Opposition.
Additionally, these officials are now subject to Canada’s five-year “revolving door” restrictions forbidding certain officials from becoming lobbyists.
State and Federal Communications, Inc. provides research and consulting services for government relations professionals on lobbying laws, procurement lobbying laws, political contribution laws in the United States and Canada. Learn more by visiting stateandfed.com.