Drs. Gaétan Barrette and Frédéric Desjardins have been accused of engaging in illegal lobbying of former Quebec Health Minister Philippe Couillard.

Barrette and Desjardins wrote a letter to Couillard regarding the ownership of private radiology clinics at a time the government was adopting legislation to regulate them. At the time they wrote the letter, neither Barrette nor Desjardins was registered with Quebec’s Registry of Lobbyists.

Prosecutors are alleging the doctors engaged in “an act of lobbying” because they could influence the legislative agenda. Barrette and Desjardins are challenging the accusation on the basis of freedom of expression. If found guilty of illegal lobbying, the doctors are subject to fines ranging from $500 to $25,000.

Today, by-elections were called in Ontario, Canada, for the provincial electoral districts of Niagara Falls and Thornhill. The election for both seats will be held on February 13.

Kim Craitor resigned from his seat as MPP for Niagara Falls in September 2013. Peter Shurman resigned his assembly seat representing Thornhill last December.

Saskatchewan Energy and Resources Minister Tim McMillan is spearheading an effort to overhaul the disadvantageous procurement practices of other Canadian provinces. Specifically, McMillan wants to see the preference for local suppliers abolished, which he believes is in violation of trade obligations between provinces. In Ontario, for example, a local company would be awarded a contract even if its bid was slightly higher than the bid of a non-Ontario company.

A preliminary legal opinion exists on the issue. A final legal opinion is needed to resolve the issue, and before taking the concern to a final resolution panel, the accusing province must inform the offending province of its alleged violation and give an opportunity to correct the practice.

McMillan, along with about two dozen Saskatchewan companies, has asked for action from the government.

The Cornwall, Ontario city government’s website has been updated with a section dedicated to the 2014 Municipal Elections.

Information on the Canadian municipality’s website includes a list of the nominated candidates, candidate nomination forms, and other resources. Additional material will be added to the website, such as include voter registration information, election employment opportunities, and key election dates. City clerk Helen Finn, as quoted the Cornwall Seaway News, said, “The website will be updated weekly, or as required.”

The next municipal election is scheduled for Monday, October 27, 2014.

If you’re planning to lobby north of the border, there are a number of changes on the horizon you should be aware of. This fall saw quite a bit of activity for Canadian lobbying legislation, with two provinces introducing laws to create a lobbyist registration framework and one making substantial changes to its existing law.

Saskatchewan’s Lobbyist Act would create a registrar of lobbyists, provide requirements for filing returns, which is the Canadian term for the filing for both registrations and reports, and establish definitions and penalties. The act also provides for online filing of returns. The legislation is based on the recommendations of the Standing Committee on Intergovernmental Affairs and Justice issued in 2012.

Similarly, New Brunswick’s Lobbyists Registration Act establishes a basic framework for filing returns and penalties for violations.  Prior attempts at creating a lobbyist registry failed in both 2007 and 2011. Saskatchewan and New Brunswick are two of the last three Canadian provinces without lobbying laws; the three Canadian territories also do not have lobbying laws. Both governments cited a desire for providing more transparency for their citizens as the impetus for the legislation.

Ontario introduced an Act to Amend the Lobbyists Registration Act, giving a new definition for grassroots lobbying, giving more specificity on what constitutes an undertaking to lobby, requiring in-house lobbyists to file monthly reports if the lobbying is directed at a high level public office holder, and adding a requirement to report campaign contributions made under the Election Finances Act. Additional changes include revolving door restrictions and changes to penalties. The bill is currently in the Standing Committee on Regulations and Private Bills.

The 2013 fall sitting of the first session of the 33rd Yukon Legislative Assembly adjourned on December 19, 2013.

During this sitting the Assembly passed the Health Information Privacy and Management Act. The act “will raise the bar on privacy and security of personal health information,” Minister of Health and Social Services Doug Graham said in a press release.

The fall sitting commenced on October 31, 2013.

The Saskatchewan government has introduced legislation requiring paid lobbyists to register with the province. The impetus for the legislation is public accountability for the actions of lobbyists.

The proposed law would cover people paid to lobby elected officials on behalf of organizations or groups. It includes a provision for electronic registration.

Saskatchewan is one of the last Canadian provinces to pass legislation for lobbyist registration.

Legislation has been introduced capping political contributions for candidates seeking the leadership of a political party or electoral district candidacy under a political party. Currently, the Political Process Financing Act only limits contributions to a party or an independent candidate.

The legislation would also require disclosure of all contributions made during campaigns for party leadership or electoral districts, rather than disclosure of only the unexpended balance.

The Ontario, Canada, Legislature’s Standing Committee on Regulations and Private Bills is considering changes to the province’s Lobbying Act. Bill 115, Lobbyists Registration Amendment Act, 2013, introduced last month, makes several amendments to the Lobbyists Registration Act, 1998. These changes include requiring consultant lobbyists to register within five business days of beginning to lobbying, requiring lobbyists to file monthly reports when lobbying high-level public officeholders, and requiring consultant lobbyists to report political contributions if the Election Finance Act applies.

This bill also provides a new definition of grassroots communication and amends the definition of in-house lobbyist. Additional requirements and changes regarding penalties, revolving-door restrictions, and protections are also a part of Bill 115.

According to a bulletin by Fasken Martineu, LLP, the Progressive Conservatives are critical of the bill and the Liberal Government “would prefer to introduce its own lobbying law reforms.”

A new Lobbyists’ Registration Act is now pending in the New Brunswick Legislative Assembly.

It would require lobbyists to register and pay a fee, and would impose fines of up to $25,000 for failing to register and up to $100,000 for repeat offenses.

Prior attempts to create a lobbyist registry failed in 2007 and 2011.

On August 21, 2013, the British Columbia Ministry of Community, Sport and Cultural Development announced the province will be making changes to the rules regarding local government elections starting in 2014. The rules apply to candidates, elector organizations, and third party advertisers in elections held for municipalities, regional districts, parks boards, the Islands Trust, and boards of education.

According to the press release, this new set of laws include requiring disclosure and registration by third-party advertisers, requiring sponsorship information be displayed on all election advertising, requiring all campaign finance disclosure statements to be filed 90 days after the election, and banning anonymous contributions. Additional changes will allow Elections BC to play a greater role in the enforcement of campaign finance rules in local elections.

The changes are based upon the recommendations of the joint Provincial and Union of BC Municipalities Local Government Elections Task Force.

In September a white paper outlining the government’s intention will be released. Public comment on the white paper will be open until October 23. Once consolidated, the rules for the November 2014 local elections will be introduced as a new campaign finance act in the spring of 2014.

Consultation with key stakeholders will begin in November to consider further legislative changes for the 2017 elections.

Coralee Oakes, Minister of Community, Sport and Cultural Development, states in the press release, “These changes are about enhancing transparency and accountability.”

The first charge and conviction for violating the Lobbying Act resulted in a $7,500 fine for a former federal staffer. Andrew Skaling worked for Tory office holders during the 2004 federal election campaign, while also being retained by the Canadian Network of Respiratory Care to arrange meetings with public officers. Skaling failed to register as a lobbyist, but assured the director of the charity he had.

While there was no evidence Skaling actually met with federal officials to lobby for the charity, the Lobbying Act requires a lobbyist to register within 10 days of being retained. The maximum penalty for failing to register under the Lobbying Act is $50,000 or six months in jail.

Elections Alberta and its Chief Electoral Officer Brian Fjeldheim have spoken on the Daryl Katz contribution scandal and they believe there was no scandal at all. Daryl Katz, chairman and CEO of The Katz Group and the National Hockey League’s Edmonton Oilers, has been under fire recently after a contribution of $430,000 was delivered to the Alberta Progressive Conservative party from his company last year.

Under Alberta laws, a corporation or individual is only allowed to contribute $30,000 to a political party during a campaign period. However, Fjeldheim ruled the contribution to be legal because the corporation simply collected contributions from individual donors and gave a bundled contribution of $430,000. Seventeen members of the company all contributed no more than the maximum $30,000 to the entire contribution and every person reimbursed the corporation.

In his ruling, Fjeldheim said, “There was no breach [of the contribution laws] because there was clear identification of the funds connected with the actual contributors and each contribution respected the $30,000 limit. Without more, a single payment of $430,000 would have exceeded the limit for a single contribution. However, the investigation revealed that this was not a single contribution of $430,000.”

There is concern within the province this ruling is a sign of things to come and Canadian elections could become similar to the money-happy American way.

However, Alberta Premier Alison Redford said she will not be looking to change the election laws. “What has been put in place is entirely appropriate.”

Not everyone agrees though. York University election financing expert Robert MacDermid said, “It would be simply a license to allow people to give money without disclosing the truth about it. When you have a system that doesn’t control disclosure adequately, when there are holes where people can give significant sums of money and not have to disclose their true identity…that absence of openness and disclosure really does make people question politicians.”

While the next Alberta election is not until 2016, this campaign finance issue is sure to be among the biggest at the time.

The government’s new bill reducing contributions to political parties became effective on Tuesday, January 1, 2013. National Assembly Bill 2 reduces the limit for private donations from $1,000 to $100, while increasing direct government funding to parties. The bill applies to provincial politics but not municipalities or school boards.

In an election year, voters will have the right to contribute an additional $100, for a maximum of $200. The bill further limits cash donations to $50, down from $100. Leadership candidates, unaffected by the bill, will still be able to collect donations of up to $1,000.