THE REGIONAL MUNICIPALITY OF PEEL LOBBY REGISTRY AND INTEGRITY COMMISSIONER COMMITTEE AGENDA LRICC - 3/2016 DATE: Thursday, September 22, 2016 TIME: LOCATION: 8:30 AM 9:30 AM Regional Council Chamber, 5th Floor Regional Administrative Headquarters 10 Peel Centre Drive, Suite A Brampton, Ontario MEMBERS: F. Dale; J. Downey; G. Gibson; J. Innis; M. Medeiros; G. Miles; K. Ras; P. Saito Chaired by Councillor K. Ras or Vice-Chair Councillor J. Downey 1. DECLARATIONS OF CONFLICT OF INTEREST 2. APPROVAL OF AGENDA 3. DELEGATIONS 4. REPORTS 4.1. Regional Council Code of Conduct - Definition of Gifts, Benefits or Hospitality 4.2 Limitations on Previous Public Office Holders Being Permitted to Lobby 5. COMMUNICATIONS 5.1. Allison Buchan-Terrell, Media Contact, Minister s Office, Treasury Board Secretariat, Ontario Newsroom, News Release Issued May 19, 2016, Regarding the New Lobbying Rules to Increase Transparency and Oversight (Receipt recommended) 5.2. Barbara Karrandjas, Coordinator Council Committee, Town of Caledon, Email dated May 26, 2016, Regarding Recommendation 2016-087 to Investigate Establishing a Lobbyist Registry at the Town of Caledon (Receipt recommended) 6. IN CAMERA MATTERS
LRICC 3/2016-2- Thursday, September, 22, 2016 7. OTHER BUSINESS 8. NEXT MEETING To be determined. 9. ADJOURNMENT
4.1-1 REPORT Meeting Date: 2016-09-22 Lobby Registry and Integrity Commissioner Committee DATE: September 12, 2016 REPORT TITLE: FROM: REGIONAL COUNCIL CODE OF CONDUCT - DEFINITION OF GIFTS, BENEFITS OR HOSPITALITY Lorraine Graham-Watson, Commissioner of Corporate Services RECOMMENDATION That the Peel Regional Council Code of Conduct be amended to include the definition of Gifts, Benefits or Hospitality as outlined in the report from the Commissioner of Corporate Services, titled Regional Council Code of Conduct Definition of Gifts, Benefits or Hospitality; And further, that the Regional Council Code of Conduct be amended to require the Regional Chair to disclose in writing all gifts, benefits or hospitality received from individuals, firms or associations having 1) an individual value of $500.00 or more, or 2) a total value from any one source during the course of a calendar year exceeding $500.00, and include in such disclosure the estimated values, the nature of the gift, benefit or hospitality, the source of the gift, benefit or hospitality and the date of receipt; And further, that disclosure of gifts received by the Regional Chair, as aforementioned, shall be posted on the Region of Peel Website on a quarterly basis. REPORT HIGHLIGHTS Each Regional Councillor is to report any and all gifts, benefits or hospitality following their respective local municipal rules and policies. The City of Brampton has a policy that gifts, benefits or hospitality received of a value of $50.00 or more, must be disclosed; the Town of Caledon has a policy that gifts, benefits or hospitality received of any value must be disclosed; the City of Mississauga has a policy that gifts, benefits or hospitality received of a value of $500.00 or more, must be disclosed. The Regional Chair is not governed by any local municipal Code of Conduct or gift benefit or hospitality policy. A policy for the Regional Chair is required so that all members of Regional council are bound by a gift, benefit or hospitality policy. The Regional Chair recommends a policy that is consistent with the City of Mississauga and that he disclose any gifts, benefits or hospitality received of a value of $500.00 or more, or a total value from any one source during one calendar year exceeding $500.00 and include in such disclosure the estimated value, the nature of the gift, benefit or hospitality, the source of the gift, benefit or hospitality and the date of receipt.
4.1-2 DEFINITION OF GIFTS, BENEFITS OR HOSPITALITY DISCUSSION 1. Background At the April 21, 2016 Lobby Registry and Integrity Commissioner Committee (LRICC) meeting, discussion occurred regarding the reporting of a gift, benefit or hospitality received by the Regional Chair. The Committee requested that staff provide a definition for gifts, benefits and hospitality to ensure consistency in application of the terms. 2. Definitions Staff have researched various municipal Code of Conducts and the Provincial Integrity Commissioners Office for definitions related to gifts, benefits and hospitality. Most Codes do not contain actual definitions of gifts, benefits and hospitality. This lack of clarity leaves it open for individual interpretation and inconsistent application of the Code. Staff recommends including a definition to provide guidance and assistance to Council and staff in relation to gifts, benefits and hospitality. The following are recommended definitions: a) Gift Gift means any real or personal property given, including but not limited to artwork, clothing, money, gift certificates or gift cards, unless there is payment in any form, including the exchange of goods or services of equal or greater value, to the individual or entity giving the gift. b) Benefit Benefit means anything (other than a gift) given that confers an advantage, including but not limited to discounted or free services, food or beverages for immediate consumption, activities or event tickets, unless there is payment in any form, including the exchange of goods or services of equal or greater value, to the individual or entity giving the benefit. c) Hospitality Hospitality means food, beverages, entertainment and/or accommodation. 3. Value of Gifts, Benefits or Hospitality to be Disclosed Discussion occurred at the April 21, 2015 LRICC meeting regarding the value of gifts, benefits or hospitality that should be recorded by the Regional Chair. The City of Brampton has a policy that gifts, benefits or hospitality received of a value of $50.00 or more, must be disclosed; the Town of Caledon has a policy that gifts, benefits or hospitality received of any value must be disclosed; the City of Mississauga has a policy that gifts, benefits or hospitality received of a value of $500.00 or more, or a total value from any one source during one calendar year exceeding $500.00, must be disclosed. It was further discussed that there should be consistency between the amount that a Mayor and the Regional Chair is required to disclose. The City of Mississauga s policy affects half - 2 -
4.1-3 DEFINITION OF GIFTS, BENEFITS OR HOSPITALITY of Regional Council and therefore it is being recommended that the Regional Chair disclose any gifts, benefits or hospitality received of a value of $500.00 or more, or a total value from any one source during one calendar year exceeding $500.00 and include in such disclosure the estimated value, the nature of the gift, benefit or hospitality, the source of the gift, benefit or hospitality and the date of receipt. It is recommended that gifts received by the Regional Chair of a value of $500.00 or more, or a total value from any one source during one calendar be listed under the Regional Chair on the Region of Peel s website on a quarterly basis. Lorraine Graham-Watson, Commissioner of Corporate Services Approved for Submission: D. Szwarc, Chief Administrative Officer For further information regarding this report, please contact Kathryn Lockyer, Regional Clerk and Director of Clerks, ext. 4325, kathryn.lockyer@peelregion.ca. Authored By: Helena West Reviewed in workflow by: Legal Services - 3 -
Region of Peel 4.1-4 Appendix I Certified True Copy of Resolution 2016-376 APPROVED AT REGIONAL COUNCIL May 12, 2016 4.1. Follow-up - Lobby Registrar and Integrity Commissioner RECOMMENDATION LRICC-4-2016: That the following recommendations contained within the report from the Commissioner of Corporates Services titled Follow-up - Lobby Registrar and Integrity Commissioner be deferred pending a future report to provide an interpretation on the definition of a gift and the definition of hospitality : That the Regional Chair disclose in writing all gifts, benefits or hospitality received from individuals, firms or associations having 1) an individual value of $500.00 or more, or 2) a total value from any one source during the course of a calendar year exceeding $500.00, and include in such disclosure the estimated values, the nature of the gift, benefit or hospitality, the source of the gift, benefit or hospitality and the date of receipt; And further, that the Peel Regional Council Code of Conduct be amended, as required, in accordance with this resolution, to provide for disclosure of gifts, benefits or hospitality received by Members of Council and the Regional Chair. Approved 2016-376
4.2-1 REPORT Meeting Date: September 22, 2016 Lobby Registry and Integrity Commissioner Committee DATE: September 14, 2016 REPORT TITLE: FROM: LIMITATIONS ON PREVIOUS PUBLIC OFFICE HOLDERS BEING PERMITTED TO LOBBY Lorraine Graham-Watson, Commissioner of Corporate Services RECOMMENDATION That Option as outlined in the report from the Commissioner of Corporate Services, titled Limitations on Previous Public Office Holders being Permitted to Lobby be approved; And further, that the option be included under section 10 in the proposed Lobby Registry By-law. REPORT HIGHLIGHTS Previous Public Officer Holders may be limited in relation to lobbying. It is anticipated that the Lobby Registry By-law will be presented at the October 13, 2016 Regional Council meeting for enactment. DISCUSSION 1. Background At the April 21, 2016 LRICC meeting, direction was required regarding who should be considered to be a Public Office Holder. Members of the Committee directed staff to use the same definition as is used in the City of Brampton Lobby Registry By-law with necessary modifications to reflect the Regional context. Public Office Holders in the draft by-law include: a. The Regional Chair and any member of Regional Council and any person on his or her staff; b. The Chief Administrative Officer or a Commissioner employed by the Regional Municipality of Peel; c. An officer or employee of the Regional Municipality of Peel; d. A Member of a local board or committee established by Council and any person on his or her staff; and e. Any accountability officer appointed under the Municipal Act, 2001 including but not limited to Integrity Commissioner, Lobbyist Registrar and Closed Meeting Investigator.
4.2-2 LIMITATIONS ON PREVIOUS PUBLIC OFFICE HOLDERS BEING PERMITTED TO LOBBY Currently, Section 10 of the draft Region of Peel Lobby Registry By-law states: Lobbyists shall disclose if they were in a previous public office holder position at the Region and the date the individual ceased to hold the position. By requiring that a previous public office holder must disclose this information when filing a return, there is transparency provided to the public and the Integrity Commissioner about who the Lobbyist is and their past position as a Public Office Holder. Currently, under Section 10 of the proposed Region of Peel Lobby Registry By-law, there is no period of prohibition of lobbying by former public office holders. This differs from that of the City of Brampton By-law. The City of Brampton By-law 149-2015 states: No former public office holder shall engage in lobbying activities for a period of twelve (12) months after ceasing to be a public office holder at the City. By providing a 12 month prohibition, there is a cooling off period where former Public Office Holders will not be able to lobby and presumably use information or influence that they may have as a former Public Office Holder. 2. Findings The following information depicts limitations (if any) regarding previous public office holders in other jurisdictions and agencies: a) City of Ottawa By-law 2012-39 Lobbyists shall disclose if they have held a senior public office holder position at the City and the date the individual ceased to hold the position. b) City of Hamilton By-law 14-244 The By-law is silent on the subject matter. c) Lobbyists Registration Act, 1998 In summary, Ministers, an employee in the Office of the Minister, Deputy Ministers, Associate Ministers, Assistant Ministers, CEO s and senior employees of an agency, board or commission of the Crown, shall set out their past position when filing a lobbyist return. d) Lobbying Act Canada In summary, with some exemptions, no individual shall, during a 5 year period after the individual ceases to be a designated public office holder, file a lobbyist return. 3. Proposed Direction Staff is seeking direction from Members of the Committee regarding limitations for previous Public Officer Holders being able to lobby. The following are options to consider: - 2 -
4.2-3 LIMITATIONS ON PREVIOUS PUBLIC OFFICE HOLDERS BEING PERMITTED TO LOBBY Option A: Lobbyists shall disclose if they have held a public office holder position at the Region of Peel and the date the individual ceased to hold the position. Option B: No former Public Office Holder shall engage in lobbying activities for a period of twelve (12) months after ceasing to be a Public Office Holder at the Region of Peel. Council has discretion as to the period of time it may wish to enact under Option B. Lorraine Graham-Watson, Commissioner of Corporate Services Approved for Submission: D. Szwarc, Chief Administrative Officer For further information regarding this report, please contact Kathryn Lockyer, Regional Clerk and Director of Clerks, ext. 4325 or kathryn.lockyer@peelregion.ca. Authored By: Helena West Reviewed in workflow by: Legal Services - 3 -
5.1-1 News Release New Lobbying Rules to Increase Transparency and Oversight May 16, 2016 May 19, 2016 REGION OF PEEL CLERKS DEPT. Changes Include New Powers for Lobbyist Registrar, Stiffer Penalties for Violations Ontario is building on its commitment to openness and accountability by strengthening oversight over lobbying activities and enhancing transparency of the Lobbyists' Registry. In 2014, Ontario passed the Public Sector and MPP Accountability and Transparency Act, 2014, which included the modernization of the Lobbyist Registration Act, 1998. The changes to the Lobbyist Registration Act reflect many of the recommendations made by Ontario's Integrity Commissioner. They will give the Integrity Commissioner, as Lobbyist Registrar, the authority to investigate alleged violations of the Act, the ability to prohibit lobbying for up to two years and the ability to provide guidance and direction on lobbyist conduct. The amendments will also strengthen enforcement provisions, including stiffer fines upon a conviction under the Act--up to $25,000 for a first-time offence, and up to $100,000 for subsequent offences. Lobbyists will also be subject to new rules, including: A lower threshold for the mandatory registration of lobbying activity, requiring businesses and organizations to register when lobbying activity by their paid staff totals 50 hours per year or more A conflict-of-interest provision that prohibits lobbyists from lobbying and providing paid advice on the same subject matter at the same time A ban on "contingency fees," where lobbyists accept fees contingent on a particular lobbying outcome A single set of rules that apply to in-house lobbyists at both for-profit and non-profit organizations. The amendments to the Lobbyist Registration Act will take effect on July 1, 2016. Creating a more transparent and accountable government is part of the government's economic plan to build Ontario up and deliver on its number-one priority to grow the economy and create jobs. The fourpart plan includes investing in talent and skills, including helping more people get and create the jobs of the future by expanding access to high-quality college and university education. The plan is making the largest investment in public infrastructure in Ontario's history and investing in a low-carbon economy driven by innovative, high-growth, export-oriented businesses. The plan is also helping working Ontarians achieve a more secure retirement. REFERRAL TO RECOMMENDED DIRECTION REQUIRED P RECEIPT RECOMMENDED
5.1-2 QUICK FACTS Amendments to the Lobbyists Registration Act, 1998 are Schedule 8 of the Public Sector and MPP Accountability and Transparency Act, 2014, which aims to strengthen accountability, oversight and transparency across government and the broader public sector, and supports Ontario s Open Government Initiative. The Public Sector and MPP Accountability and Transparency Act, 2014 received Royal Assent on December 11, 2014. The Act has 11 schedules. Each schedule of the Act comes into force on a day to be named by proclamation of the Lieutenant Governor. The Integrity Commissioner is an independent Officer of the Legislative Assembly. As Lobbyist Registrar, the Integrity Commissioner is responsible for the implementation of the amendments to the Lobbyist Registration Act. BACKGROUND INFORMATION Public Sector and MPP Accountablility and Transparency Act, 2014 ADDITIONAL RESOURCES Office of the Integrity Commissioner home page Information on Lobbyists Registration Lobbyists Registration Act, 1998 The Public Sector and MPP Accountability and Transparency Act, 2014 QUOTES "Lobbying is part of democracy, but, at the same time, we need to ensure these activities remain transparent and accountable, because the people of Ontario have a right to know who is communicating with their government and for what purpose. That s why we modernized the Lobbyist Registration Act to strengthen oversight and enforcement, and enhance transparency." Deb Matthews, President of the Treasury Board
5.1-3 CONTACTS Allison Buchan-Terrell Minister s Office 416-326-3839 Alan Cairns Communications Branch 416-327-2805 Questions about your subscription? Contact us. Edit your subscription preferences. Unsubscribe from News on Demand. Follow Us On Twitter. Visit the Newsroom. Disponible en français. Queen's Printer for Ontario, 2008-2016 99 Wellesley Street West 4th floor, Room 4620 Toronto ON M7A 1A1
5.2-1 From: Barbara Karrandjas [mailto:barbara.karrandjas@caledon.ca] Sent: May 26, 2016 9:43 AM To: ZZG-RegionalClerk; crystal.greer@mississauga.ca; cityclerksoffice@brampton.ca Cc: Innis, Jennifer Subject: Lobbyist Registry May 26, 2016 REGION OF PEEL CLERKS DEPT. Good morning, At a Council Meeting on May 24, 2016, Council adopted the following recommendations with respect to Lobbyist Registry: LOBBYIST REGISTRY Whereas section 223.9 of the Municipal Act, 2001 provides municipalities with jurisdiction to establish a lobbyist registry and to appoint a lobbyist registrar to provide transparency about persons who lobby municipal public office holders; and Whereas a lobbyist registry records or regulates communications between public office holders and those who engage in lobbying activities by tracking communications between them and making this information available for public inspection; and Whereas Lobbying is a legitimate and legal activity that is part of an individual's, group's or company's right to communicate with their elected government officials and municipal staff; and Whereas the purpose of the Lobbyist Registry is to enhance the transparency and integrity of business conducted at the Town of Caledon; and Whereas the Region of Peel is investigating the implementation of a lobbyist registry; Now therefore be it resolved that staff investigate and report back regarding establishing a lobbyist registry at the Town of Caledon in accordance with section 223.9 of the Municipal Act, 2001; and Further that a copy of this resolution be provided to the Region of Peel, the City of Mississauga and the City of Brampton for information. Enclosed please find the corresponding resolution for further details and for your records. Have a great day! Barbara Karrandjas Coordinator, Council Committee Legislative Services Corporate Services Town of Caledon 6311 Old Church Road Caledon, ON L7C 1J6 REFERRAL TO RECOMMENDED DIRECTION REQUIRED P RECEIPT RECOMMENDED 905.584.2272 x. 4164 www.caledon.ca www.visitcaledon.ca This message (and any associated files) is intended only for the use of the individual or entity to which it is addressed. The content of the message is the property of the Corporation of the Town of Caledon. The message may contain information that is privileged, confidential, subject to copyright and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, you are notified that any dissemination, distribution, copying, or modification of this message is strictly prohibited. If you have received this message in error, please notify the sender immediately, advising of the error and delete this message without making a copy. (Information related to this email is automatically monitored and recorded and the content may be required to be disclosed by the Town to a third party in certain circumstances). Thank you.
5.2-2 TOWN OF CAlEDON 2016 O Date May 24 2016 Moved by Seconded by That the May 17 2016 General Committee Report recommendations regarding the following matter be adopted Lobbyist Registry RECORDED VOTE YES NO CONFLICT ABSENT Councillor Shaughnessy Councillor Mezzapelli Councillor Innis Councillor McClure Mayor Thompson Councillor Beffort Councillor Downey MAYOR Councillor deboer Councillor Groves TOTAL