Canadian Compliance Laws for Government Relations Professionals^TM, is for U.S.-based companies conducting or considering doing business in Canada; the United States’ largest trading partner.

It is critical to know the compliance rules and regulations for lobbying, making campaign contributions, and procurement lobbying in Canada.

The Canadian governments, federal, provincial, territorial, and municipal, have unique lobbying and political activities laws and regulations that can be unlike those in the U.S., and this publication details listings and summaries of each applicable law with full descriptions of registration and reporting requirements.

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On January 1, the Election Finances Statute Law Amendment Act took effect, prohibiting political contributions from corporations and labor unions and lowering the province’s contribution limits from individuals.

The new law also prohibits all provincial politicians, candidates, and senior political staffers from attending fundraising events, with certain exceptions.

Third-parties, who currently face no spending restrictions on advertising, are now limited to $100,000 per election period and $600,000 in the six months before a general election is called.

Lobbying

Florida: “Corcoran Offers Lobbyist ‘Training’ to Adjust to New Legislative Limitations” by Allison Nielson for Sunshine State News

West Virginia: “Ethics Panel Puts Question about WV House Speaker’s Job on Hold” by Phil Kabler for Charleston Gazette

Campaign Finance

Canada: “Ontario Overhauls Campaign Finance Rules with Sweeping Reforms” by Adrian Morrow for Toronto Globe and Mail

Arizona: “Burns Responds to APS Settlement Offer: No thanks” by Rachel Leingang for Arizona Capitol Times

Missouri: “Politicians Fatten Coffers before Missouri’s New Campaign-Donation Limits Kick In” by Jo Mannies for St. Louis Public Radio

New York: “Anthony Weiner Fined $65,000 for Campaign Finance Violations” by J. David Goodman for The New York Times

Ethics

“Trump’s Complex Stock Portfolio Could Create Yet More Conflicts” by Rosalind Helderman and Drew Harwell for The Washington Post

South Dakota: “Hearing Set on Move to Repeal New Anti-Corruption Measure” by Bob Mercer for Rapid City Journal

Elections

“‘Rigged’ or Not, Election Positions Trump to Shape Rules on How You Vote” by Michael Wines for The New York Times

The NDP government in Alberta introduced legislation to limit what individuals can donate to political campaigns and limit the amount each party can spend during an election. Individuals would be limited to $4,000 in the aggregate per calendar year when giving to parties, constituency associations, candidates, leadership hopefuls, and nomination contests.

The proposals would also affect third-parties; such groups are similar to political action committees in the United States. Third-parties would only be permitted to spend $150,000 on advertisements each election period, with only $3,000 of those funds earmarked to support or oppose candidates. There would be no limits on third party spending outside of elections.

The Election Finances Statute Law Amendment Act was passed by the Legislative Assembly on December 1, 2016. It was introduced after an investigation into pay-to-play fundraising and cash for access scandals.

The investigation revealed that corporations and lobbyists had spent up to $10,000 to buy time with cabinet members in seeking policy decisions and contracts. The new amendment will prohibit all provincial politicians, candidates, and senior political staffers from attending fundraising events and ban contributions from corporations and unions.

In addition to these prohibitions, donations from individuals are limited to $1,200 per political party annually, down from $9,975 under the current system. Third-parties, who currently face no spending restrictions on advertising, will be capped at $100,000 per election period and $600,000 in the six months before a general election is called. A spending cap will also be placed on political party advertising at $1 million in the six months before a general election is called.

The bill was passed despite negative feedback regarding loopholes in the legislation. It will go into effect on January 1, 2017.

Lobbying Commissioner Karen Shepherd will not seek reappointment when her current term expires at the end of December. Shepherd has been the commissioner since the creation of the position in 2008.

The Governor in Council will appoint a new commissioner after consulting with the leader of every recognized party in the Senate and House of Commons.

Following the consultation, the Senate and House of Commons must approve the appointment by resolution.

Lobbying Commissioner Karen Shepherd says her office is investigating Liberal Party fundraisers to see if they violate the Lobbying Act.

Opposition members of Parliament argue the fundraisers are “pay to play” and violate Prime Minister Justin Trudeau’s ethic guidelines.

Conflict of Interest and Ethics Commissioner Mary Dawson stated the fundraisers do not violate the Conflict of Interest Act, but she believes the practice to be unsavory and is calling for changes to Canada’s laws to restrict the practice.

On October 26, new amendments were offered to a contentious bill moving through the Legislative Assembly of Ontario banning corporate political contributions.

Bill 2, Election Finances Statute Law Amendment Act, 2016, was introduced in the Legislative Assembly of Ontario in September to amend the current campaign finance laws. The bill prohibits corporations, unions, and unincorporated groups not affiliated with political parties from making political contributions to parties, candidates, constituency associations, and nomination and leadership contestants.

According the National Post, new amendments introduced by Ontario’s Liberal government would prohibit any members of the provincial parliament, party leaders, nomination contestants, candidates, and leadership contestants from attending fundraisers, with certain exceptions. Opponents of the bill say those exceptions provide loopholes.

Other changes in the bill are disclosure requirements for political parties concerning fundraisers.

If passed, the law would come into force on January 1, 2017.

On October 7, Premier Darrell Pasloski announced Yukon’s general election to elect the 34th Yukon Legislative Assembly will be held on November 7, 2016. Pasloski also directed Yukon’s Commissioner Doug Philips to dissolve the 33rd Legislative Assembly and to issue the writs of election.

The November election period will extend from October 7, the date the writ was issued, to the return date of the writ, which will occur on Monday, November 14.

The provincial government cancelled the fall 2016 legislative session on the day it was scheduled to begin. Another session is not intended until February ahead of the May 9, 2017,  general election.

The Official Opposition is calling for the Legislature to meet in October to introduce the 2017 provincial budget and to address funding to remedy the current housing crisis and loopholes in the province’s rent control laws.

This is the third time in five years the fall session has been cancelled.

Photo of the main block of the British Columbia Parliament Buildings by Ryan Bushby on Wikimedia Commons.

On October 4, Ontario’s campaign finance bill banning corporate contributions was referred to a standing committee. Bill 2, Election Finances Statute Law Amendment Act, 2016, was introduced in the Legislative Assembly of Ontario in September to amend the current campaign finance laws.

The bill prohibits corporations, unions, and unincorporated groups not affiliated with political parties from making political contributions to parties, candidates, constituency associations, and nomination and leadership contestants.

Individuals, who may now make political contributions in the amount of up to $33,250, would be limited to maximum contributions of $3,600. Specifically, an individual could give $1,200 to a party each year, $1,200 to the candidates of a party in an election period, and $1,200 to the constituency associations and nomination contestants of a party each year. Additionally, individuals would be limited to giving a maximum of $1,200 to each leadership contestant of a party per calendar year. Among the other changes in the bill are disclosure requirements for political parties concerning fundraisers.

If passed, the law would come into force on January 1, 2017.

Opposition parties say legislative members in Alberta are attempting to rush through campaign finance changes to disproportionately benefit the New Democratic Party.

NDP members have proposed a $4,000 annual limit on political contributions to political parties, constituency associations, nominated candidates, candidates seeking nomination, and party leadership contestants. Current limits are $15,000 to a political party and $5,000 to constituency associations, with the limits increasing to $30,000 and $10,000, respectively, in a campaign year.

Currently there are no set limits on political contributions for leadership and nomination campaigns; each party sets its own rules. Opposition members agree with reduced contribution limits, but argue limits in nomination races and leadership campaigns would reduce the available resources necessary for a party to effectively fight an election. The legislative committee examining the election financing legislation must complete its work before the committee is dissolved September 28.

Photo of the Alberta Legislative Building by Tkyle on Wikimedia Commons.

On September 12, Cristina De Caprio becomes the lobbyist registrar for the city of Toronto, Ontario. De Caprio will replace Stephen Littlejohn, who served as the interim lobbyist registrar following the retirement of Linda Gehrke in the spring.

De Caprio’s duties will include implementing new additions to the lobbying law, which became effective in May. Among those newer responsibilities are the power of the registrar to impose certain conditions on new and existing registrations when a lobbyist has been found in violation of the law. The registrar also has the power to impose a temporary ban against a lobbyist found in violation of the law.

The City Council unanimously appointed Cristina De Caprio as lobbyist registrar at its July meeting.

Photo of the Toronto skyline by Christine Wagner on Wikimedia Commons.

On August 22, Government House Leader Yasir Naqvi released proposed amendments to a campaign finance reform bill the Ontario Legislative Assembly has been considering this session. The Election Finances Statute Law Amendment Act, 2016, Bill 201, was introduced on May 17.

Changes in the newly proposed amendments include lower contribution limits. However, the amendments do not address the “cash-for-access system” that allows those making large political contribution to have personal and interactive contact, such as dinners, with public officials, according to The Globe and Mail. The bill has been considered since June by the Standing Committee on General Government. This and other amendments are expected to be debated in the coming weeks.

Photo of the Ontario Legislature by Antoien Cadotte on Wikimedia Commons.