On July 24, a Canadian federal by-election will be held in the electoral district of Calgary Heritage (Alberta) to fill a vacancy in the House of Commons.

Calgary Heritage’s Member of Parliament, Bob Benzen, had announced in October of 2022 his desire to resign and return to private life.

On January 5 of this year, the Chief Electoral Officer of Canada, Stéphane Perrault, received official notice from the Speaker of the House of Commons that Benzen’s seat was vacant.

The date for the election was not announced until June 18, which signaled the start of the by-election period.

On July 1, the updated edition of Canada’s federal Lobbyists’ Code of Conduct will come into force.

A new gift limit for lobbyists is imposed, allowing up to $40 for gifts and hospitality for an official they lobby or expect to lobby. The intention of the limit is to avoid the creation of a sense of obligation on the part of the official. The new gift limit has an annual maximum amount of $200, per calendar year, from one lobbying source. Lobbyists may still provide sponsored travel to officials they do not lobby or expect to lobby. However, given the costs of sponsored travel, providing travel to an official by a lobbyist for an official they lobby or expect to lobby could reasonably be seen to create a sense of obligation on the part of that official and be prohibited if over $40. The commissioner, on an annual basis, has the option to take inflation into account in adjusting the individual and annual gift limit amounts.

Lobbyists engaged in certain political work, acting in certain leadership or senior political roles, or fundraising “that could reasonably be seen to be significant to the official” are subject to a cooling-off period. The cooling-off period, for which an individual cannot lobby the official benefited, ranges between 12 to 24 months.

One of the purposes of the new code is to make the rules clear and comprehensive, according to the Office of the Commissioner of Lobbying of Canada. The commissioner’s office states that lobbyists obligations are described in “plain language” and will eliminate the need for separate guidance documents.

On June 19, federal by-elections will be held in the electoral districts of Notre-Dame-de-Grâce–Westmount (Quebec), Oxford (Ontario), Winnipeg South Centre (Manitoba) and Portage–Lisgar (Manitoba) to fill vacancies in the House of Commons.

From December 2022 until March of this year, the Chief Electoral Officer of Canada, Stéphane Perrault, received four separate official notices from the Speaker of the House of Commons that the seats were vacant. However, the dates for the election were not announced until May 14, when Prime Minister Justin Trudeau announced a single election date for all four of the vacant seats in the House of Commons.

Three of the seats became vacant by retirement, and the fourth, for Winnipeg South Centre, became vacant upon the death of MP Jim Carr. The announcement date of the by-elections signals the start of the by-election period.

Elections Canada 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, 2023, to March 31, 2024, a third party is prohibited from incurring overall election advertising expenses of a total amount of more than $579,950 during a general election. The previous limit was $543,200.

For the same period of April 1, 2023, to March 31, 2024, a third party is prohibited from incurring election advertising expenses in a given electoral district of a total amount of more than $4,971 during a general election. The previous limit was $4,656.

Adjustments are made annually based on a formula of a base amount multiplied by the inflation adjustment factor in effect for the period.

On March 27, the city of Pickering, in Ontario, Canada, passed a new lobbying law and will become the 10th municipality in Ontario to have a lobbyist registry framework in place. This by-law authorizing a lobbyist registry for the city technically came into force with its passage, but all enforcement and penalties will not take effect until November 1, 2023.

All lobbyists must file a registration (a first filing of a return) regarding lobbying communication within ten business days of the initial communication occurring. A lobbyist must file a return updating any change to their registration immediately. Lobbying is defined as “any communication with a public office holder by an individual who is paid or who represents a business or financial interest with the goal of trying to influence any legislative action including development, introduction, passage, defeat, amendment or repeal of a bylaw, motion, resolution or the outcome of a decision on any matter before council, a committee of council, or a staff member acting under delegated authority.”

The list of covered public office holders includes members of the city council, officers or employees of the city in management positions, members of local boards or committees established by the city council, and individuals providing professional services to the city during the course of providing such services.

The mandatory registry applies to consultant lobbyists, in-house lobbyists, and certain voluntary lobbyists. Lobbying on a contingency basis is prohibited. Former public office holders are forbidden from lobbying for a period of 12 months after leaving office. Penalties include being barred from lobbying for various periods of time. Additionally, all lobbyists must adhere to a formal Code of Conduct for Lobbyists, which is part of the by-law, during all lobbying activities with public office holders.

On February 21, Mario Dion retired from his position running Canada’s federal ethics office.

As Conflict of Interest and Ethics Commissioner for the past five years, Dion was responsible for helping appointed and elected officials prevent and avoid conflicts between their public duties and private interests. His duties included administering the Conflict of Interest Act for public office holders and the Conflict of Interest Code for Members of the House of Commons.

Dion said he stepped down because of because of persistent health issues. For now, the seat is vacant. The Parliament of Canada Act requires the position be filled through appointment, after consultation with the leader of every recognized party in the House of Commons and approval of the appointment by resolution of that House, by the Governor in Council.

Sometime before July 2, 2023, a by-election will be announced for the seat in the House of Commons representing Calgary Heritage in the province of Alberta.

On January 3, the Chief Electoral Officer of Canada, Stéphane Perrault, received official notice from the Speaker of the House of Commons that the seat for Calgary Heritage (Alberta) became vacant following the resignation of Bob Benzen. Benzen officially resigned from his seat in the House of Commons on December 31, 2022, in order to return to private life, according to CTV news.

Under the law, the by-election date must be announced between January 14 and July 2, 2023, and will signal the start of the by-election period. According to Elections Canada, the earliest date the by-election can be held is February 20, 2023.

Campaign contribution limits have increased in the province of Ontario, Canada for 2023.

In a calendar year, a person individually may contribute $3,350 to each party, to each constituency association and nominations contestants of a party, and to each leadership contestant of a party.

Additionally, in a campaign period, a person may contribute $3,350 to each candidate of a party, and to each independent non-party candidate.

The total contribution made with respect to a single fundraising event by a contributor may not exceed $3,350 multiplied by the indexation factor.

The previous contribution limits from 2022 were $3,350.

Campaign contribution limits increased in British Columbia for 2023 to $1,401.40 for contributions to registered political parties, including their candidates, nomination contestants and registered constituency associations.

Additionally, individuals can also contribute up to $1,401.40 to independent candidates and leadership contestants, if a leadership contest is called in 2023. The previous limits from 2022 were $1,309.09.

Also increased to $400 is the limit of a fee paid to attend a leadership convention or other convention of a political party without counting toward the $1,401.40 contribution limit.

These contribution amounts are adjusted at the start of each calendar year.

Elections Canada has published the federal contribution limits for the 2023 calendar year.

In 2023, individuals may contribute up to $1,700 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.

Question:  I am the Senior Officer in Quebec for my company.  I have been receiving emails concerning a new website.  What do I need to know?

Answer:  Lobbying to design and administer a new platform to replace the current Registry of Lobbyists.  This new platform is called Carrefour Lobby Quebec.  Carrefour Lobby Quebec aims to be a modernization and update of the current registry.

On June 21, 2022, the first phase of Carrefour Lobby Quebec was deployed.  Senior officers of companies and organizations carrying out lobbying activities were invited to create their individual accounts in the new system, along with the corresponding account for their company or organization.  Authorized representatives and consultant lobbyists were also permitted to proceed with account creation in Carrefour Lobby Quebec.  Users can gain additional information on Carrefour Lobby Québec by viewing an introductory video. They can also review the methods of administration of the new system.

The second and final phase of the deployment will take place this fall.  The Commissioner of Lobbying recommended, as provided for in Bill 13, a decree be adopted fixing the final deployment of Carrefour Lobby Quebec for October 13, 2022.  The functionalities for entering lobbying activities will then be operational in the new system.   On October 13, 2022, the current Registry of Lobbyists will be officially closed and all information in the current registry will be transferred to Carrefour Lobby Quebec.  There will then be a 60-day validation period for all transferred information.

More information will be provided by the Commissioner of Lobbying as the deployment of the second phase approaches.  Until the new system is online, lobbying activities must be entered into the current registry.

The information from this response can easily be found on our website in the Lobbying Compliance section of the Canada Compliance Laws publication.  Please do not hesitate to contact us if you have questions.

Although the next provincial election in Nova Scotia isn’t scheduled until 2025, Elections Nova Scotia (ENS) has published its strategic blueprint in preparation for that election and beyond. ENS’s new four-year strategic plan, which will last until 2026, focuses on five areas for improving electoral services.

The plan concentrates on how ENS will enhance the electoral process for all Nova Scotians through inclusion, diversity, equity, and access; how ENS will build relationships and partnerships with stakeholders; and how ENS will lead in the modernization of electoral services.

Additionally, the plan focuses on fostering a team culture that sets staff up for success and supporting election workers to excel in service delivery.

The plan was created by ENS’s Senior Leadership team.

On October 14, 2022, penalties and sanctions for the Regional Municipality of Niagara’s new lobbying law come into force and effect. In the meantime, and although the Regional Council approved the Lobbyist Registry By-law 2022-24 to establish a Lobbyist Registry on April 14,  there is a six-month educational period where penalties and sanctions will not be applied.

The new law applies to lobbying public office holders, which it defines as members of the Regional Council, officers or employees of the Council, members of local boards and committees established by the Council, and any accountability officer, including the Integrity Commissioner, the Lobbyist Registrar, an Ombudsman, and Closed Meeting Investigators. The new legislation also applies when lobbying Individuals under contract with the Region who are providing consulting or other advisory services to the Region related to matters with budgetary or operational impacts during the term of their contract.

In the law, lobbying means any communication with a public office holder by an individual who is paid or who represents a business or financial interest with the goal of trying to influence any legislative action including development, introduction, passage, defeat, amendment or repeal of a by-law, motion, resolution or the outcome of a decision on any matter before the Council, a committee of Council, or a staff member acting under delegated authority.

Registration is required electronically within five days of lobbying occurring. Lobbyist must update their registrations by filing a return if there are any changes or additions to the registration. If Lobbying continues for more than one year, a lobbyist must file a new registration for each year the lobbying continues. There are three types of lobbyists requiring registration: consultant lobbyists, in-house lobbyists, and voluntary unpaid lobbyists who lobby without payment on behalf of an individual, business, or any for-profit entity for the benefit of the interests of the individual, business, or for-profit entity.

Lobbyists also have to abide by a Code of Conduct, which is part of the new law.

Submitting a bid proposal as part of the procurement process and any communication with designated employees of the Region as permitted in the procurement policies and procurement documents of the Region does not require registration as a lobbyist. Former public office holders are prohibited from engaging in lobbying activities for 12 months after leaving their position. Once enforcement of penalties begins in October, lobbyists can be prohibited from lobbying for different time periods. Criminal activity will be referred to appropriate authorities.

The Regional Municipality of Niagara, also colloquially known as the Niagara Region or Region of Niagara, is composed of 12 municipalities falling under its jurisdiction, including Niagara Falls.

On June 21, Jean-François Routhier, the Commissioner of Lobbying with Lobbyisme Québec, officially deployed the first phase of Carrefour Lobby Quebec, the new online disclosure regime of lobbying activities for the province.

The current registry of lobbyists will be replaced by Carrefour Lobby Québec, which will be administered by Lobbyisme Québec. The official and complete launch of Carrefour Lobby Québec is anticipated to take place in the fall of 2022. At that time, the current lobbyists’ registry will close.

Beginning June 21, the most senior executives of companies and organizations carrying out lobbying activities and their authorized representatives, as well as consultant lobbyists, will begin to be invited to proceed with the creation of their individual account and their businesses or organizations on the new website. Lobbyisme Québec plans to help support registered lobbyists efficiently transition to the new website during the second and final phase of the platform’s deployment.

According to the Office of Lobbyisme’s press release, the Lobbyists Commissioner has recommended that the government, as provided for in Bill 13, adopt the decree setting the entry into force of the new platform on October 13, 2022.

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.