The Legislative Assembly of Alberta crept closer to approving changes to the province’s elections act last week. The bill, which is in the process of going through its second reading, will give the chief electoral officer the power to inform the public who is being fined and to better identify parties receiving cash.

This past May, Elections Alberta fined over 20 corporations for making illegal donations, but was unable to identify the corporations fined or the parties receiving the illegal contributions. The bill will allow the department to go back and reveal the fines of the past three years.

The new bill will also increase disclosure rules for people making political contributions. If the bill is approved, parties or constituency associations will have to disclose any donors who contribute $250 or more. Currently, donors can remain anonymous until they contributed at least $375.

However, many in the province do not think the bill goes far enough. Liberal MLA Laurie Blakeman said the new bill is “feeble, weak, pale, insufficient, and poor. This is not 21st century thinking and it does not address any of the recent scandals that have come up.”

Once the bill passes the second reading, which it is expected to do, it will head to the Committee of the Whole.

The federal government has announced plans to extend the reach of the Lobbying Act to senior public servants with spending decision responsibilities. Currently, more than 1,000 people are covered as designated public office holders under the act, which governs interactions between registered lobbyists and politicians, their staffs, and senior bureaucrats. The proposal could more than double the number covered.

The government continues to consider adding small monetary penalties for minor infractions, as well as a removing the exemption for in-house lobbyists whose lobbying activities constitute less than 20 percent of their duties.

Ontario Integrity Commissioner Lynn Morrison has called for changes to the province’s Lobbyists Registration Act.

Commissioner Morrison, who is also the Lobbyist Registrar, recommends eliminating the “significant part of duties” threshold for registration of lobbyists. Currently, lobbyists must register only if they spend 20 percent or more of their time on lobbying activities. Ms. Morrison recommends all paid lobbyists register regardless of the time spent lobbying.

She also recommends the Lobbyists Registrar have the power to issue administrative monetary penalties and to introduce and require new categories of information reporting for lobbyists. Additionally, the commissioner recommends the different distinctions between the two types of in-house lobbyists be eliminated.

In an Office of the Integrity Commissioner press release, Commissioner Morrison said, “The registration system has worked well since it was introduced in 1999, but times have changed. The roles of lobbyists and public officials have evolved, making it even more important that a registry provide clear, accessible information on who is lobbying whom, and about what.”

Photo of the Toronto skyline by John Vetterli on Wikipedia.

Quebec’s Lobbying Commissioner, François Casgrain, has proposed a major overhaul of the province’s law on lobbying that would expand the number of people required to register as lobbyists. Currently, only people who spend a “significant part” of their time lobbying must register. The proposed changes would require anyone seeking to influence the decision of a public official to register.

Registration would have to be completed by individual lobbyists, ending the practice of employers registering for them. Casgrain wants to expand the enforcement powers of the commission and increase fines for breaking the law. There also would be a blackout on lobbying between publication of a call for tenders on a public contract and the awarding of the contract.

The call for change follows a finding that some parties failed to register as lobbyists during negotiations of a controversial contract award for the still-unbuilt arena.

On April 30, 2012, the Lobbyists Registration Act came into force in the Canadian province of Manitoba. The act requires lobbyists to file returns using an electronic registry system. Although the act was originally passed in 2008, it came into force only this year upon proclamation, allowing the lobbyist registrar the opportunity to create the system with its online component.

The act categorizes lobbyists as either consultant lobbyists or in-house lobbyists. Consultant lobbyists are individuals who, for pay or other benefit, undertake to lobby on behalf of a client. An in-house lobbyist is defined as an employee, partner, or sole proprietor of an organization who lobbies, or has a duty to lobby, on behalf of the organization. However, to be designated as an in-house lobbyist, an individual’s lobbying or duty to lobby has to constitute a significant part of his or her activities, which the regulations define as meeting or exceeding 100 hours annually. Additionally, if an individual’s lobbying, together with lobbying by others in the organization, meets or exceeds 100 hours annually, the senior officer of the organization must file a return.

The act defines lobby to mean communicating with a public official in an attempt to influence the development of a legislative proposal; introducing a bill or resolution before the assembly; making or amending a regulation; developing, amending, or terminating a program or policy; or awarding a financial benefit. For consultant lobbyists the definition of lobby also includes arranging a meeting with a public official or communicating with a public official in an attempt to influence the award of a contract.

Consultant lobbyists already lobbying before April 30th have 30 days to begin filing. If lobbying begins after April 30th, consultant lobbyists have 10 days to file. A senior officer filing on behalf of an organization with in-house lobbyists has two months in which to file, regardless of whether lobbying begins before or after April 30th. Additionally, the officer must file returns within two months after the end of each six-month period after filing the previous return.

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.

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.

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.”

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.

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.

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.

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.