LobbyComply Blog

On December 2, a provincial by-election will be held in the Capitale-Nationale riding of Jean-Talon for the Quebec National Assembly.

The election will be held to fill the vacant seat of former Member of the National Assembly Sébastien Proulx, who resigned in August to return to private life.

The election was announced by Premier François Legault on October 27

On February 14, a bill was introduced in the National Assembly of Quebec to allow the Lobbyists Commissioner to maintain the registry of lobbyists.

Currently, paperwork filed by lobbyists is processed with the Ministry of Justice. Bill 6 amends the Lobbying Transparency and Ethics Act in order to transfer responsibility for keeping the registry of lobbyists to the Lobbyists Commissioner.

The bill also creates a three-year statute of limitations for the prosecution of lobbying violations, starting from the time a prosecutor becomes aware of a violation. A prosecution would be prohibited if the commission of the offense occurred more than seven years earlier.

Sometime before January 30, 2019, a by-election will be announced for the seat in the House of Commons representing Outremont in the province of Quebec.

On August 3, the Chief Electoral Officer of Canada, Stéphane Perrault, received official notice from the Speaker of the House of Commons that the seat for Outremont (Quebec) became vacant following the resignation of Tom Mulcair, who left office to teach at the at Universite de Montreal and to become a regularly scheduled political commentator at CJAD radio and CTV news.

Under the law, the by-election date must be announced between August 14, 2018, and January 30, 2019, and will signal the start of the by-election period. According to Elections Canada, the earliest date the by-election can be held is September 24, 2018.

On May 13, Elections Canada announced a federal by-election will be held on June 18 in the electoral district of Chicoutimi–Le Fjord (Quebec) to fill a vacancy in the House of Commons.

MP Denis Lemieux had announced his resignation in November of last year with an effective date of December 1.

Lemieux had cited family reasons for leaving office. He had been in the office since 2015.

A bill was introduced in the National Assembly of Quebec to amend the legislature’s ethics law. The amendments to the Code of Ethics and Conduct of the Members of the National Assembly (MNA) (chapter C-23.1) would provide an Ethics Commissioner inquiry report be produced within 90 days of the date on which an inquiry began, with allowances for extensions.

The bill also entitles a lawmaker who is the subject of an inquiry report to request a review committee be established to examine the report before it is tabled in the National Assembly. The review committee, which would be composed of three persons and chaired by a Court of Appeal judge designated by that court’s chief judge, could approve or revise the inquiry report.

The private bill, which was introduced on March 21 by MNA Claude Surprenant, an Independent representing the provincial electoral district of Groulx in the Laurentides region of Quebec, also mandates the committee must hear from both the investigated member and from the ethics commissioner. The bill also establishes the procedure for tabling the review report in the National Assembly.

On December 5, Elections Canada announced a by-election for the House of Commons will be held for the seat for Chicoutimi–Le Fjord (Quebec). The seat was vacated by MP Denis Lemieux, who announced his plan to resign in November for family reasons.

On December 4, Stéphane Perrault, Acting Chief Electoral Officer of Canada, received official notice from the Speaker of the House of Commons that the seat was vacant. Canadian law requires the date of this by-election be announced between December 15, 2017, and June 2, 2018, which will signal the start of the by-election period.

On October 2, a provincial byelection will be held in the Quebec City riding of Louis-Hébert for the Quebec National Assembly.

The election will be held to fill the vacant seat of former Member of the National Assembly Sam Hamad, who resigned in April to return to private life.

The election will fill the only remaining vacant seat in the National Assembly.

On June 8, Quebec’s Commissioner of Lobbying François Casgrain, scheduled to retire this month, urged lawmakers to pass lobbying law reform.

According to the Montreal Gazette, Casgrain, who is leaving the position after eight years due to health reasons, is disappointed with the lack of progress in updating the lobbying laws. Casgrain has pushed for the passage of Bill 56, the Lobbying Transparency Act, which was first introduced in 2015. The legislation would expand the scope of the definition of lobbyists to include shareholders lobbying for an entity as well as directors and officers of a nonprofit. The bill would also expand the types of activity considered to be lobbying and impose stricter penalties and higher fines on violators of the law.

Casgrain will step down as Commissioner of Lobbying on June 30.

Several Canadian legislative sessions adjourned last week:

• On June 2, the Legislative Assembly of the Northwest Territories adjourned. Legislation considered this session included infrastructure and operations expenditure bills as well as an amendment to the Tobacco Tax Act. The Legislative Assembly is scheduled to reconvene on September 19, 2017, and to adjourn on October 4, 2017. The Legislative Assembly is scheduled to then again reconvene on October 17, 2017, and to adjourn on October 20, 2017.
• On June 1, the first session of the 41st Legislature of the Quebec National adjourned until June 6. One piece of legislation still being considered is Bill 56, the Lobbying Transparency Act, introduced in 2015. The bill would expand the scope of the definition of lobbyists to include shareholders lobbying for an entity as well as directors and officers of a nonprofit. The bill would also expand the types of activity considered to be lobbying and impose stricter penalties and higher fines on violators of the law. The National Assembly is scheduled to reconvene on June 6, 2017, and to adjourn on June 16, 2017.
• On June 1, the Legislative Assembly of Ontario adjourned on June 1, 2017. In the last week of the session, Bill 138, Transparency in Government Bills Act, 2017, was introduced. The bill would require all proposed legislation to include a statement describing the problem the bill seeks to address, a description of the public policy goals the bill seeks to achieve, and a summary of the financial costs the bill would have on the government, municipalities, the public, and any affected industries or businesses. The Legislative Assembly is scheduled to reconvene on September 11, 2017, and then adjourn on December 14, 2017.
• On June 1, the Newfoundland and Labrador House of Assembly adjourned to the call of the Chair. During this latest session, amendments to the Intergovernmental Affairs Act and the House of Assembly Accountability, Integrity and Administration Act were considered. The next scheduled sitting day is Monday, November 6, 2017. The Assembly is then scheduled to adjourn on December 7.

The City Council of Côte Saint-Luc passed a formal resolution stating opposition to proposed changes to Quebec’s Lobbying Transparency and Ethics Act.

The council opposes the measure that would require nonprofit groups to register as lobbyists. The resolution is being sent to the Quebec Lobbyists Commissioner and the Minister of Quebec Intergovernmental Affairs.

Lobbying Commissioner Karen Shepherd found former Quebec premier Jean Charest did not breach federal lobbying rules when he contacted the Prime Minister’s Office earlier this year to discuss an oil pipeline project.

Shepherd stated Charest was not acting as an unregistered lobbyist because he was not paid by the pipeline company at the time of the call. Shepherd did not elaborate any further as the Lobbying Act requires all reviews and investigations be conducted in private.

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.

Lucie Fiset, the chief electoral officer of Quebec, plans to set up a searchable online registry for accused violators of the province’s election laws. The database is slated to be operational by March 2015. This initiative is part of Fiset’s broader strategic plan to promote transparency and tighten surveillance of political contributions and election spending.

Recently, the province has been examining links between public construction contracts, organized crime, and provincial and municipal political contributions after investigators testified about a political financing scheme involving straw men contributing to political parties using money from a third party, thus skirting contribution limits, residency requirements, and the ban on contributions from entities.

With the new database, the public and the media will be able to search or cross-reference charges against individuals, companies, organizations, and parties accused of violating election laws.

A special election was held in Quebec on April 7, resulting in a new majority government.

Premier Pauline Marois, leader of the Parti Quebecois, called the election hoping her party would garner a majority of seats within the National Assembly. However, the Liberals took 70 of the 125 seats, giving them a majority of seats in the legislature.

Marois lost her own seat in the Charlevoix-Cote-de-Beaupre riding, causing her to step down as the leader of the Parti Quebecois. Liberal Leader Phillipe Couillard will become the new Premier of Quebec.