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.

A committee of the Legislative Assembly of Alberta that is conducting a review of the province’s lobbying laws is seeking input from stakeholders.

The committee, the Standing Committee on Alberta’s Economic Future, is an all-party committee of Assembly members assigned to review the Lobbyists Act. It has invited lobbyists and organizations to make written submissions directly to the committee offering their individual experiences with the Act and any possible recommendations.

The deadline for written submissions is Thursday, December 2, 2021.

On September 9, the Office of the Registrar of Lobbyists for British Columbia (ORL) will implement a change to its online registry that will allow for streamlining the process for declaring certain coalition activities.

The change involves answering additional questions regarding whether a lobbying activity being reported was a jointly signed or endorsed letter sent on behalf of one or more of the organizations listed in the associated registration return as members of a coalition to which the organization or client belongs. Rather than being reported by each of the coalition member of a joint letter, the letter will only need to be declared once as a coalition activity and only reported once by the organization or consultant lobbyist that communicated the joint letter to senior public office holders.

According to the ORL, a change in the online lobbying activity report forms will be visible to organizations that have declared in their registration returns that the organization is a member of a coalition. The change will also be visible to consultant lobbyists when they prepare lobbying activity reports for clients, if they have declared in the associated registration return that the client belongs to a coalition.

If an organization has not declared membership in a coalition, this change does not affect them. This change also does not affect consultant lobbyists whose clients are not members of coalitions.

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 Legislative Assembly of British Columbia adjourned for the summer on June 17th.

The 2021 spring legislative session saw the Assembly primarily tackling issues relating to the ongoing coronavirus pandemic. This includes measures that would keep people safe and enable a strong economic recovery.

The Assembly is scheduled to reconvene on October 4. This does not affect lobbyist reporting.

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.

On June 8, an Ontario, Canada Superior Court judge struck down a section of the province’s Election Finances Act that mandated a 12-month pre-election period restricting third party advertising.

Ontario Superior Court Justice Edward M. Morgan’s decision, Working Families Ontario v. Ontario, explicitly holds that the period will no longer be in effect. The restricted pre-election spending period of 12 months had a $600,000 limit on third-party political advertisement expenditures.

Judge Morgan found the law was unconstitutional and a violation of the “freedom of expression” for the parties suing the province.

As noted by the judge in his decision, the next election in Ontario is scheduled to take place on June 2, 2022, already within the 12-month restricted period for political advertisements under the section being stricken. Judge Morgan wrote, “It would be unfair to the Applicants (and to other potential third-party political advertisers) for statutory provisions that have been declared unconstitutional to remain in operation during this time.” He found the burden of addressing the issue should remain on the legislature to craft an appropriate and constitutional provision.

On June 3, the Legislative Assembly of Ontario adjourned for the summer.

Bill 162, Public Accountability and Lobbyist Transparency Act, 2020, has remained in committees since March of 2020.

Changes the legislation could bring include requiring any member of the Executive Council who has been lobbied by, or otherwise met with, a consultant or in-house lobbyist to file a report about the lobbying or meeting with the registrar not later than 30 days after the lobbying or meeting took place.

This Act would come into force on the day it receives Royal Assent.

The Assembly is scheduled to reconvene on September 13.

On June 1, the Legislative Assembly of Manitoba adjourned for the summer.

Bill 222, The Lobbyists Registration Amendment Act, was introduced in March, but has not yet moved beyond the first reading.

The bill would remove the exemption for union representatives in The Lobbyists Registration Act.

If passed, the Act would come into force 90 days after the day it receives royal assent.

The Assembly is scheduled to reconvene on October 6.

On May 12, the British Columbia Office of the Registrar of Lobbyists released an updated guidance document concerning provincial entities.

The most prominent update concerns reporting when lobbying regional health authorities. The Office of the Registrar interprets health authorities to be government corporations as defined by the Financial Administration Act, and not just provincial entities. Lobbyists are required under the Lobbyists Transparency Act (LTA) to report all of their lobbying activity with health authorities because the LTA states that all officers, directors, and employees of government corporations are public office holders.

The guidance lists the provincial health authorities in British Columbia as the Northern Health Authority; the Interior Health Authority; the Fraser Health Authority; the Vancouver Coastal Health Authority; the Vancouver Island Health Authority; and the Provincial Health Services Authority.