Elections Canada recently 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, 2021, to March 31, 2022, a third party is prohibited from incurring overall election advertising expenses of a total amount of more than $525,700 during a general election. The previous limit was $521,850. For the same period of April 1, 2021, to March 31, 2022, a third party is prohibited from incurring election advertising expenses in a given electoral district of a total amount of more than $4,506 during a general election. The previous limit was $4,473.

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

The British Columbia Office of the Registrar of Lobbyists released new guidance documents this month outlining key considerations for lobbyists when declaring government funding in the Lobbyists Registry and guidance on the term “provincial entity” as it is used in the Lobbyists Transparency Act (LTA).

The LTA requires lobbyists provide information in their Registration Return about government funding, whether received or requested by their organization or client, from any government, government agency, or provincial entity in the preceding 12-month period. This is not limited to funding related to lobbying in British Columbia. Government funding includes those of any level of government, including foreign, federal, provincial, or municipal governmental entities. Non-refundable funding given in response to the COVID-19 pandemic is reportable. Now that the online Registry has been updated to permit lobbyists to declare funding, the guidance provides instructions on how to enter, remove and modify the information on a lobbyist’s report.

Similar government funding disclosure obligations are also required by federal lobbyists and lobbyists in Alberta.

The document providing guidance on the term “provincial entity” is intended to help lobbyists understand which persons working for a provincial entity are covered individuals for purposes of disclosure in lobbying reports. “Provincial entity” is specifically defined by regulation and generally refers to provincial government bodies or corporations outside core government. Provincial entities include crown corporations, school districts, public sector post-secondary institutions, such as colleges and universities, and health authorities.

The Office of the Commissioner of Lobbying of Canada has released information concerning COVID-19 emergency funding and registration requirements online.

Several key points are emphasized by the Office: communications with public office holders about the making, developing or amending of a government-funding program linked to COVID-19 are registrable activities; disclosure of any non-repayable portion of COVID-19 relief funding received¸ from any level of government entity, foreign or domestic, must be disclosed in a lobbyist’s registration; and updates to registrations are required no later than 15 days after the end of the month in which the funding was provided.

Examples of COVID-19-related funding programs include the Canada Emergency Wage Subsidy, the Canada Emergency Business Account, and the Canada Emergency Commercial Rent Assistance.

The disclosure of funding by lobbyists is not limited to COVID-19 relief or to lobbying the federal government. Other reportable government funding includes all grants, non-repayable contributions, forgiven portions of government loans, and any other non-repayable funding.

Disclosure is still not required for repayable contributions, repayable portions of government loans, tax credits, refunds, exemptions, rebates, remissions of taxes, and payment of goods or services contracts.

Applying to a federal government funding program linked to COVID-19 alone is not a registrable activity.

On February 25, a bill was introduced in the Legislative Assembly of Ontario to increase the province’s contribution limits and make other changes to its election laws.

Bill 254, Protecting Ontario Elections Act, 2021, as introduced by Attorney General Doug Downey, proposes to amend the Election Act, the Election Finances Act, the Members’ Integrity Act, 1994, and the Municipal Elections Act, 1996.

Some of the changes in the bill include increasing contribution limits made to individual registered parties, party and non-party candidates, leadership candidates, constituency associations and nomination contestants of any one party or to the constituency association of any independent member. That amount increases from $1,650 to $3,300 per calendar year, with an increase of $25 for each calendar beginning on January 1, 2022.

Additionally, when selling a ticket for a fund-raising event, all, or any portion of its cost up to a maximum of $30, may be considered not to be a political contribution.

The time period on limiting third party advertisers’ spending would increase from six months to 12 months before an election. The proposed legislation also includes penalties for violations, allows members of the Assembly to endorse constituency associations, establishes the allowance of certain candidate electronic filings for municipalities, directs the Chief Electoral Officer (CEO) to establish an advisory committee on voting equipment and vote counting equipment, and expands powers of the CEO with respect to designating advance polls.

The bill also allows members of the Assembly to explicitly use social media for any matters a member wishes to bring to the attention of the public, including partisan matters.

On February 13, voters in the Canadian province of Newfoundland and Labrador will go to the polls to vote for candidates for the House of Assembly. The original fixed election date was October 10, 2023.

However, because Premier Andrew Furey was sworn in August 19, 2020, an election then became required to be held within one year of the swearing-in. Furey replaces former Premier Dwight Ball, who resigned in 2020 after questions arose about various government-awarded contracts.

This is the first time in the province elections have been held on a Saturday.

A one-time grace period for lobbyists to register in the Canadian territory of Yukon ended on January 13.

On October 15, the Canadian territory of Yukon’s new and first lobbying law came into force with the online Yukon Lobbyist Registry becoming live. All lobbyists were given a one-time only grace period of 90 days to understand their requirements and to register. Both consultant lobbyists and in-house lobbyists are required to register under Yukon’s lobbying law. As of January 12, four consultants and five in-house lobbyists have registered, according to the Yukon News.

Registration is required for individuals communicating with a public office holder, directly or through grassroots communications, in attempts to lobby. Additionally, a consultant lobbyist is required to register when arranging a meeting between a public office holder and any other person for the purposes covered by the Act.

Now, in-house lobbyists must register no later than 60 days after meeting the law’s threshold for registration. Consultant lobbyists must register no later than 15 days after starting an undertaking on behalf of a client.

Penalties for violations of the Lobbyist Registration Act include fines up to $25,000 for the first violation and up to $100,000 for each subsequent violation.

Elections Canada has published the federal contribution limits for the 2021 calendar year.

In 2021, individuals may contribute up to $1,650 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.

The Commissioner of Lobbying is concluding a public input period to determine whether changes to the Lobbyists’ Code of Conduct are necessary.

From November 2 to December 11, 2020, Commissioner Nancy Belanger sought input from the public about its views and perspectives on the standards of behavior federal lobbyists should follow.

The Lobbyists Code of Conduct, which is a mandatory set of rules all registered consultant and in-house federal lobbyists must follow, was last amended in 2015.

The rules, while general in scope, include a focus on transparency, professionalism, and conflicts of interest. After input is received, the commissioner intends to create a summary of the responses and draft any amendments to the Code of Conduct. Any updated code will be referred to the House of Commons Standing Committee on Access to Information, Privacy and Ethics.

Depending on the degree of change contemplated by the commissioner, a further round of consultation may be initiated in 2021.

On October 15, the Canadian territory of Yukon’s new and first lobbying law came into force with the online Yukon Lobbyist Registry becoming live. Bill No. 23, the Lobbyists Registration Act, received Royal Assent on November 22, 2018, but only came into effect this year.

Consultant lobbyists and in-house lobbyists are required to register. Registration is required for individuals communicating with a public office holder, directly or through grassroots communications, in attempts to lobby. Additionally, a consultant lobbyist is required to register when arranging a meeting between a public office holder and any other person for the purposes covered by the Act.

There are two revolving door provisions in the Act. For the six-month period after ceasing to be in office, a former public office-holder is prohibited from lobbying as a consultant lobbyist, but he or she is not prohibited from immediately lobbying as an in-house lobbyist. Additionally, a consultant lobbyist is prohibited from becoming an employee of Yukon’s public service for six months after terminating her or her lobbyist registration. Penalties for violations of the Lobbyists Registration Act include fines up to $25,000 for the first violation and up to $100,000 for each subsequent violation.

As of October 16, the lobbyist registry does not have any registered lobbyists.

On October 26, federal by-elections in Canada will be held for the electoral district of York Centre (Ontario) and Toronto Centre (Ontario) to fill two vacancies in the House of Commons.

On August 24, Perrault had received official notice from the Speaker of the House of Commons that the seat for Toronto Centre (Ontario) became vacant following the resignation of Bill Morneau. Morneau resigned amid controversies dealing with his involvement with the WE Charity scandal.

On September 1, the Chief Electoral Officer of Canada, Stéphane Perrault, had received official notice from the Speaker of the House of Commons that the seat for York Centre (Ontario) became vacant following the resignation of Michael Levitt, who left his seat to become the CEO of the Canadian Friends of Simon Wiesenthal Centre for Holocaust Studies.

The Elections Canada offices in York Centre and Toronto Centre are expected to open soon, according to its press release. As a safety measure because of the COVID-19 pandemic, Elections Canada plans to implement physical distancing at polling places and Elections Canada offices.

The threshold for being required to register as an in-house lobbyist will soon be lower. Bill 195, The Lobbyists Amendment Act, 2019, which received Royal Assent this summer, will come into force once the order of the Lieutenant Governor in Council is given.

The bill reduces the threshold for registration as an in-house lobbyist from 100 to 30 hours; prohibits gifts to public office holders from lobbyists, except for gifts valued at less than $200 and that are given as an incident of the protocol or social obligations normally accompanying the duties or responsibilities of office of the public office holder; and grants power to the Lieutenant Governor in Council to make regulations concerning gifts and personal benefits.

The bill outlines a gift or personal benefit to include: an amount of money, if there is no obligation to repay it; a service, hospitality or property, including the use of property, that is provided without charge or for a charge that is less than its commercial value; and any other prescribed gift or personal benefit.

Additionally, Bill 195 directs the Lobbying Act not apply when persons are acting in their official capacity as officers, directors or employees of a non-profit organization, association, society, coalition or interest group, any of which has both a charitable purpose and fewer than five employees, if the lobbying activity performed by the officers, directors and employees combined is less than 30 hours annually.

Sometime before February 28, 2021, a by-election will be announced for the seat in the House of Commons representing York Centre in the province of Ontario.

On September 1, the Chief Electoral Officer of Canada, Stéphane Perrault, received official notice from the Speaker of the House of Commons that the seat for York Centre (Ontario) became vacant following the resignation of Michael Levitt, who left his seat to become the CEO of the Canadian Friends of Simon Wiesenthal Centre for Holocaust Studies.

Under the law, the by-election date must be announced between September 12, 2020, and February 28, 2021, and will signal the start of the by-election period. According to Elections Canada, the earliest date the by-election can be held is October 19, 2020.

Sometime before February 20, 2021, a federal by-election will be announced for the seat in the House of Commons representing Toronto Centre in the province of Ontario.

On August 24, the Chief Electoral Officer of Canada, Stéphane Perrault, received official notice from the Speaker of the House of Commons that the seat for Toronto Centre (Ontario) became vacant following the resignation of Bill Morneau.

On August 17, amid controversies dealing with his involvement with the WE Charity scandal, Morneau resigned from his seat in the House of Commons and as Prime Minister Justin Trudeau’s finance minister. Morneau intends to seek the position of secretary general of the Organisation for Economic Co-operation and Development, according to CBC.ca.

Under the law, the by-election date must be announced between September 4, 2020, and February 20, 2021, and will signal the start of the by-election period. According to Elections Canada, the earliest date the by-election can be held is October 12, 2020.

On October 5, the city of Ottawa will hold a byelection to fill the municipal council seat left vacant by Stephen Blais.

The vacant Cumberland ward seat held by Blais, who left to serve as the Member of the Provincial Parliament (MPP) for Orléans, could have been filled by an appointment made by the council itself.

While Blais was elected as MPP in February, the council held off deciding about whether to have an election or make an appointment because of the COVID-19 pandemic. In July, the Ottawa Council agreed to allow voters the choice to fill the seat.

For the first time, electors will be allowed to apply to vote by special mail-in ballot should they feel uncomfortable about voting in person or be unable to make it to a voting location.