On April 11, a provincial byelection will be held in the electoral division of Marie-Victorin for the Quebec National Assembly.

The election will be held to fill the vacant seat of former Member of the National Assembly Catherine Fournier, who resigned in November of last year after becoming elected the mayor of Longueuil.

The election was announced by Premier François Legault on March 8.

On March 15, a by-election will be held to elect a member to the Legislative Assembly of Alberta for the electoral division of Fort McMurray-Lac La Biche.

After a six-month wait, and on the last possible day authorized by law, Alberta Chief Electoral Officer Glen Resler confirmed a writ was issued on February 15 to administer the election. MLA Laila Goodridge resigned in August 2021, to run for federal office. On September 20, 2021, she was elected as a Member of the Parliament in the House of Commons for Fort McMurray—Cold Lake.

Candidate nominations are now open and will end on February 25, 2022.

The Lobbyist Registry for the city of Burlington, Ontario, Canada has officially gone live on the city’s website this month.

A new lobbying law, passed on October 19, 2021, requires consultant lobbyists, in-house lobbyists, and voluntary unpaid lobbyists to file a registration with the City Clerk within 10 days after entering into an undertaking to lobby. Only one registration needs to be filed for each undertaking even though a lobbyist may, in connection with the undertaking, communicate or arrange meetings with more than one public office holder on more than one occasion.

The new legislation defines lobbying as meaning any communication with a public office holder by an individual who represents a business or financial interest with the goal of trying to influence legislative action. In turn, the law defines legislative action as the development, introduction, passage, defeat, amendment or repeal of a bylaw, motion, resolution, or the outcome of a decision on any matter before the City Council or a Committee of the Council. A lobbyist is required to file a return updating any change in their registration within 10 business days of the change taking place. The subject matter registration will be closed once lobbying is complete or within 12 months of the lobbying commencing, whichever is sooner.

The new Lobbyist Registry is available at https://www.burlington.ca/en/your-city/lobbyist-registry.asp.

Elections Canada has published the federal contribution limits for the 2022 calendar year.

In 2022, individuals may contribute up to $1,675 to independent candidates, leadership candidates, registered parties, and to, in total, all of the registered associations, nomination contestants and candidates of each registered party. The limits also apply to any unpaid balance of loans made during a contribution period and the amount of any loan guarantees made during a contribution period.

The limits increase annually by $25 on January 1.

Sometime in January of 2022, the city of Burlington, Ontario, Canada expects to have its new electronic Lobbyist Registry webpage available to the public.

The city’s new lobbying law, passed on October 19, 2021, requires consultant lobbyists, in-house lobbyists, and voluntary unpaid lobbyists to file a registration with the City Clerk within 10 days after entering into an undertaking to lobby. Only one registration needs to be filed for each undertaking even though a lobbyist may, in connection with the undertaking, communicate or arrange meetings with more than one public office holder on more than one occasion.

The new legislation defines lobbying as meaning any communication with a public office holder by an individual who represents a business or financial interest with the goal of trying to influence legislative action. In turn, the law defines legislative action as the development, introduction, passage, defeat, amendment or repeal of a bylaw, motion, resolution, or the outcome of a decision on any matter before the City Council or a Committee of the Council.

A lobbyist is required to file a return updating any change in their registration within 10 business days of the change taking place. The subject matter registration will be closed once lobbying is complete or within 12 months of the lobbying commencing, whichever is sooner.

The public has until February 18, 2022, to share input on a proposed draft update of Canada’s Federal Lobbyists’ Code of Conduct.

On December 15, the Office of the Commissioner of Lobbying began receiving all views, suggestions, and perspectives from stakeholders concerning the mandatory standards lobbyists must respect when engaging in lobbying activities at the federal level in Canada.

The non-statutory Code of Conduct, last updated in 2015, applies to registered consultants and in-house lobbyists.

Comments may be made through email sent to engagement@lobbycanada.gc.ca or at the commissioner’s website hosting the proposed draft at https://lobbycanada.gc.ca/en/rules/the-lobbyists-code-of-conduct/lobbyists-code-of-conduct/consultation-on-future-changes-to-the-lobbyists-code-of-conduct.

All submissions will be published on the commissioner’s website after the consultation period ends.

A new online Lobbyists Registry for Quebec, whose original deadline for implementation was set by law as of December 19, 2021, has been postponed until 2022.

On December 9, the National Assembly of Québec passed legislation allowing the government more time to optimally deploy the platform by providing for implementation phases, according to Lobbyists Commissioner Jean-Francois Routhie. The commissioner believes the additional time will allow his office “to finalize the data migration of the current register, the tutorials, the online assistance, and the subscription and publication functions” in a brand-new web application in cloud computing.

Routhie had formally requested the postponement in October, citing several unexpected hurdles causing the delay, including disruptions caused by the COVID-19 pandemic, the difficulty in such a context of reaching the rate of development of the IT teams, and a shortage of manpower. In the works since the summer of 2019, the updated web platform aims to replace the “technological obsolescence” of the current site with a modern system, to improve the user experience, and to be in line with Quebec’s 2019-2023 digital transformation strategy.

The updates to the registry are expected to be up and running in the spring of 2022.

A lawsuit alleging the Ontario Integrity Commissioner failed to properly penalize offenders of the Lobbyist Registration Act (LRA) was dismissed by a Divisional Court in November.

Sometime after March 20, 2022, a hearing for an appeal of this decision filed by the plaintiffs, Democracy Watch, should be heard.

Nine lobbyists found to violate the LRA were not penalized and did not challenge the rulings. Hence, their identities were never made public. Six of those lobbyists lobbied for over a year before registering. Three other lobbyists were found to have lobbied Ontario Premier Doug Ford and his cabinet in violation of a section of the LRA prohibiting the creation of a real or potential conflict of interest through lobbying.

The Divisional Court found insufficient serious legal issues were alleged to create standing to make the judicial application. Additionally, the Court found Democracy Watch’s application for judicial review conflicted with the privacy of the nine lobbyists.

On August 15, Prime Minister Justin Trudeau called for an early election to be held on September 20.

The election is being called in the hopes voters will approve of his government’s post-pandemic recovery plan.

Previously, the next state fixed-date election was set for 2023.

The campaign is to last 36 days.

The provincial general election for Nova Scotia will be held on Tuesday, August 17.

This 41st provincial general election will be held to elect a member in each of the 55 electoral districts to serve in the House of Assembly.

On July 17, the Chief Electoral Officer Richard Temporale received an order from the Governor in Council for the election. Upon this notice, Temporale issued writs of election for all 55 electoral districts.

The province’s last general election was held on May 30, 2017.

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.

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.

The Office of the Commissioner of Lobbying of Canada has released information concerning COVID-19 emergency funding and registration requirements online.

Several key points are emphasized by the Office: communications with public office holders about the making, developing or amending of a government-funding program linked to COVID-19 are registrable activities; disclosure of any non-repayable portion of COVID-19 relief funding received¸ from any level of government entity, foreign or domestic, must be disclosed in a lobbyist’s registration; and updates to registrations are required no later than 15 days after the end of the month in which the funding was provided.

Examples of COVID-19-related funding programs include the Canada Emergency Wage Subsidy, the Canada Emergency Business Account, and the Canada Emergency Commercial Rent Assistance.

The disclosure of funding by lobbyists is not limited to COVID-19 relief or to lobbying the federal government. Other reportable government funding includes all grants, non-repayable contributions, forgiven portions of government loans, and any other non-repayable funding.

Disclosure is still not required for repayable contributions, repayable portions of government loans, tax credits, refunds, exemptions, rebates, remissions of taxes, and payment of goods or services contracts.

Applying to a federal government funding program linked to COVID-19 alone is not a registrable activity.

On February 13, voters in the Canadian province of Newfoundland and Labrador will go to the polls to vote for candidates for the House of Assembly. The original fixed election date was October 10, 2023.

However, because Premier Andrew Furey was sworn in August 19, 2020, an election then became required to be held within one year of the swearing-in. Furey replaces former Premier Dwight Ball, who resigned in 2020 after questions arose about various government-awarded contracts.

This is the first time in the province elections have been held on a Saturday.