On January 18, a lawsuit was filed challenging Prime Minister Justin Trudeau’s recent appointments to head the ethics and lobbying sections of the Canadian government.

The lawsuit, filed by Democracy Watch, a non-profit Canadian organization concerned with government accountability, alleges the Cabinet failed to consult with the opposition party, as required by law, before making the appointments. The lawsuit also asserts the Cabinet has a conflict of interest because of ongoing ethics investigations, which prevent it from legally allowing the appointments.

On January 9, Mario Dion was selected to replace Mary Dawson, whose term had expired, as Conflict of Interest and Ethics Commissioner. On November 30, Trudeau nominated Nancy Bélanger as the next Commissioner of Lobbying. Bélanger replaced Karen Shepherd, who occupied the position through term extensions following the expiration of Shepard’s seven-year term in June 2016.

Democracy Watch’s press release is available here.

On November 30, Prime Minister Justin Trudeau announced the nomination of Nancy Bélanger as the next Commissioner of Lobbying.

Bélanger, if approved by the House of Commons and the Senate, will replace Karen Shepherd as the head of The Office of the Commissioner of Lobbying. Shepard currently occupies the position through term extensions following the expiration of Shepard’s seven-year term in June 2016.

Bélanger’s has previously held the position of General Counsel for the Office of the Conflict of Interest and Ethics Commissioner.

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.

Lobbying Commissioner Karen Shepherd found former Quebec premier Jean Charest did not breach federal lobbying rules when he contacted the Prime Minister’s Office earlier this year to discuss an oil pipeline project.

Shepherd stated Charest was not acting as an unregistered lobbyist because he was not paid by the pipeline company at the time of the call. Shepherd did not elaborate any further as the Lobbying Act requires all reviews and investigations be conducted in private.

Democracy Watch, a political accountability group, has filed an ethics complaint with Federal Commissioner of Lobbying Karen Shepherd questioning the permissibility of gifts of paid travel from various lobbying groups to senators and members of Parliament.

The group claims such gifts violate a rule prohibiting lobbyists from creating the appearance of a conflict of interest for public officials.

The complaint also requests an official other than Shepherd decide the issue because she has expressed interest in members of Parliament reappointing her to the position when her term ends in July.

Lobbying Commissioner Karen Shepherd has released the new Lobbyists’ Code of Conduct, providing additional regulation of those attempting to influence federal decision making.

Among other provisions, the new code creates a “sense of obligation” test, prohibiting a lobbyist from lobbying an official where they share a relationship close enough to create a sense of obligation. Additionally, the new code prohibits a lobbyist from providing gifts to a government official, regardless of whether or not the official is being lobbied.

The code’s effective date has yet to be determined; however, it is expected to take effect sometime after the summer.

The consultation period for review of the Revised Lobbyists’ Code of Conduct has ended.

Commissioner of Lobbying Karen Shepherd drafted the revisions and invited comment on the proposed changes to be submitted by December 19, 2014. The changes focus on the relationship between lobbyists and public officials, while removing rules relating to the relationship between lobbyists and clients.

New rules prohibit a lobbyist from lobbying a public official if the lobbyist has campaigned for or has business interests with the public official. New gift regulations hold a lobbyist responsible for giving a gift the public official is not allowed to accept.

Once Shepherd finalizes the revisions, they will be referred to the House of Commons Standing Committee on Access to Information, Privacy, and Ethics, before being published in the Canada Gazette. The current version of the Lobbyists’ Code of Conduct remains in place until the revised code comes into effect.

Image of Canadian Flag by Djameson1983 on Wikimedia Commons.

Commissioner of Lobbying Karen Shepherd has drafted a revised Code of Conduct and invited written submissions on the proposed revisions. The changes focus on the relationship between lobbyists and public officials, while removing rules relating to the relationship between lobbyists and clients.

New rules would prohibit a lobbyist from lobbying a public official if the lobbyist has campaigned for or has business interests with the public official. New gift regulations would hold a lobbyist responsible for giving a gift the public official is not allowed to accept.

Once Shepherd finalizes the revisions, they will be referred to the House of Commons Standing Committee on Access to Information, Privacy, and Ethics, before being published in the Canada Gazette.

Commissioner of Lobbying Karen Shepherd intends to revise the Lobbyists’ Code of Conduct following a period of public consultation launched in September 2013.

The consultation offered participants the chance to submit suggestions for improvement by writing and by roundtable discussion. Suggestions included deregulation of lobbyist-client interactions and more clarity in the gift law.

Shepherd has produced a report on the consultation available here.