Lobbyists Code of Conduct

Transcription

1 Office of the Commissioner of Lobbying of Canada Commissariat au lobbying du Canada Lobbyists Code of Conduct Presentation by the Commissioner of Lobbying of Canada November 12, 2015

2 Lobbyists Code of Conduct The Lobbying Act gives the Commissioner the mandate to develop and administer the Lobbyists Code of Conduct, which regulates the behaviour of lobbyists. Together the Lobbying Act and Lobbyists Code of Conduct ensure lobbying activities are transparent, ethical, and contribute to public confidence in the integrity of government decision-making. The onus is on lobbyists to comply with the Lobbyists Code of Conduct and the Lobbying Act.

3 Code Consultation Process A public consultation in 2013 determined that revisions to the Lobbyists Code of Conduct were warranted. In late 2014, the Commissioner consulted lobbyists, public office holders, academics, and Canadian and U.S. counterparts on a revised Lobbyists Code of Conduct. Code referred to the House of Commons Standing Committee on Access to Information, Privacy and Ethics in May 2015.

4 What s New in the Lobbyists Code of Conduct Four principles and 10 rules make up the new Lobbyists Code of Conduct. 1. The rules concerning the interaction between lobbyists and clients were removed to keep the scope of the Lobbyists Code of Conduct consistent with that of the Lobbying Act. 2. A principle on respect for democratic institutions was added. 3. More explicit rules concerning conflict of interest were added: Preferential access Political activities Gifts

5 Four Principles Respect for Democratic Institutions Lobbyists should act in a manner that demonstrates respect for democratic institutions, including the duty of public office holders to serve the public interest. Integrity and Honesty Lobbyists should conduct with integrity and honesty all relations with public office holders. Openness Lobbyists should be open and frank about their lobbying activities. Professionalism Lobbyists should observe the highest professional and ethical standards. In particular, lobbyists should conform fully with the letter and the spirit of the Lobbyists' Code of Conduct as well as with all relevant laws, including the Lobbying Act and its regulations.

6 Rule 1 Identity and purpose A lobbyist shall, when communicating with a public office holder, disclose the identity of the person, organization or corporation on whose behalf the communication is made and the nature of their relationship with that person, organization or corporation, as well as the reasons for the approach.

7 Rule 2 Accurate Information A lobbyist shall avoid misleading public office holders by taking all reasonable measures to provide them with information that is accurate and factual.

8 Rule 3 Duty to Disclose (Consultant lobbyists) A consultant lobbyist shall inform each client of their obligations as a lobbyist under the Lobbying Act and the Lobbyists' Code of Conduct.

9 Rule 4 Duty to Disclose (In-House lobbyists) The responsible officer (the most senior paid employee) of an organization or corporation shall ensure that employees who lobby on the organization s or corporation s behalf are informed of their obligations under the Lobbying Act and the Lobbyists Code of Conduct.

10 Rule 5 Use of Information A lobbyist shall use and disclose information received from a public office holder only in the manner consistent with the purpose for which it was shared. If a lobbyist obtains a government document they should not have, they shall neither use nor disclose it.

11 Rule 6 Conflict of Interest A lobbyist shall not propose or undertake any action that would place a public office holder in a real or apparent conflict of interest. Commissioner s standard: Would an informed person, viewing the matter realistically and practically and having thought the matter through, think that an action taken by a lobbyist has created a sense of obligation on the part of the public office holder, or a tension between the public office holder s private interests and the duty of the public office holder to serve the public interest?

12 Rules 7 and 8 Preferential Access 7. A lobbyist shall not arrange for another person a meeting with a public office holder when the lobbyist and public office holder share a relationship that could reasonably be seen to create a sense of obligation. 8. A lobbyist shall not lobby a public office holder with whom they share a relationship that could reasonably be seen to create a sense of obligation.

13 Avoiding the appearance of preferential access Relationships highlighted in guidance for lobbyists Friends: relationships where a lobbyist and a public office holder share a close bond of friendship, a feeling of affection, or a special kinship that extends beyond simple association. To be clear, this would not include members of a lobbyist s broad social or business circle, where there is little emotional attachment. Family: a lobbyist s immediate family, by blood or by marriage. This would include parents, siblings, children of the lobbyist, and those of their spouse/partner. Business or financial: a public office holder with whom a lobbyist is a business partner or with whom a lobbyist shares a financial interest.

14 Rule 9 Political Activities When a lobbyist undertakes political activities on behalf of a person which could reasonably be seen to create a sense of obligation, they may not lobby that person for a specified period if that person is or becomes a public office holder. If that person is an elected official, the lobbyist shall also not lobby staff in their Office(s).

15 Political Activities Voting No Risk Displaying a lawn sign Scrutineering Attending a fundraising event Expressing personal views on a political panel Donating money to an election campaign within the limits established in the Canada Elections Act Risk Board of Directors of an EDA Serving as a campaign chair or in another strategic role on a campaign team Serving in a named position on behalf of a candidate or electoral district association as set out in the Canada Elections Act Leading debate prep or providing strategic advice in the context of debate prep Organizing a fundraising event

16 Rule 10 Gifts To avoid the creation of a sense of obligation, a lobbyist shall not provide or promise a gift, favour, or other benefit to a public office holder, whom they are lobbying or will lobby, which the public office holder is not allowed to accept.

17 When is a gift allowed? Exceptions are when a gift is a normal expression of courtesy or protocol, such as: Refreshments/meals served at event where the public office holder has a role to play. Tickets given to MPs for events in their riding or region. A gift given following an appearance, speech or presentation as a token of thanks or appreciation. Otherwise, if a lobbyist is actively lobbying or will lobby a POH, gifts, including meals or tickets to events, are most likely unacceptable.

18 Things to remember Purpose of the Lobbyists Code of Conduct is to assure Canadians that lobbying is being conducted according to the highest ethical standards. Onus is on lobbyists to comply. Code is in force on December 1, There are tools and resources that can help: Annotated Code, Reports on Investigation Commissioner s Guidance on Conflict of Interest, Preferential Access, Political Activities, Gifts OCL staff: Telephone: Facsimile: Website: QuestionsLobbying@ocl-cal.gc.ca 18