THE REGIONAL MUNICIPALITY OF PEEL LOBBY REGISTRY AND INTEGRITY COMMISSIONER COMMITTEE AGENDA LRICC - 1/2016 DATE: February 18, 2016 TIME: LOCATION: 9:00 AM 11:00 AM Regional Council Chamber, 5th Floor 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 3.1. John Capobianco, President, Public Affairs Association of Canada, and Stephen Andrews, GR Consultant, Borden Ladner Gervais LLP, Regarding the Establishment of a Lobby and Gift Registry 3.2. Wendi Hunter, Manager, Administrative Services, and Elections and Nupur Kotecha, Legal Counsel, City of Brampton, Presenting the Establishment of the City of Brampton s Lobby and Gift Registry 4. REPORTS 4.1. Peel Regional Council Code of Conduct - Integrity Commissioner (Referred from the September 24, 2015 Regional Council meeting) 4.2. Follow-up - Region of Peel Integrity Commissioner (For information) (Referred from the September 24, 2015 Regional Council meeting) 4.3. Establishment of a Lobby and Gift Registry (Referred from the September 24, 2015 Regional Council meeting)
LRICC-1/2016-2- February 18, 2016 5. COMMUNICATIONS 6. IN CAMERA MATTERS 7. OTHER BUSINESS 8. NEXT MEETING Thursday, April 21, 2016, 9:00 a.m. 11:00 a.m. Council Chamber, 5th Floor Regional Administrative Headquarters 10 Peel Centre Drive, Suite A Brampton, Ontario 9. ADJOURNMENT
3.1
3.2-1
3.2-2 Lobbyist Registry and Gift Registry What you Need to Know
3.2-3 Items for Discussion Training Outcomes Overview Why Now? Part 1 Lobbyist Registry Part 2 Gift Registry Questions Contact Information 2
3.2-4 Training Outcomes By the end of this session you will: Understand the purpose of the Lobbyist and Gift Registries Understand the definition of a lobbyist Understand the process of registering as a lobbyist and subject matter registrations Understand your role and responsibilities in dealing with lobbyists and in using the Gift Registry Have basic knowledge of the lobbyist registry tool and how to use the search function Be able to coach stakeholders on when it s appropriate to use the Lobbyist Registry 3
3.2-5 Overview Why Now? This is part of your continued commitment to enhance accountability and transparency On July 8, 2015, the Lobbyist Registry By-law 149-2015 was passed. The By-law establishes the parameters for acceptable lobbying activity at the City and the process for lobbyists to engage with the City The Lobbyist Registry and the Gift Registry were live as of Jan 1, 2016 4
3.2-6 Part 1 Lobbyist Registry 5
3.2-7 Part 1 Items for Discussion What is Lobbying? What is a Lobbyist? Who is Exempt? What is the Lobbyist Registry? How Does this Affect Me? How do I know if I m Being Lobbied? Examples of Lobbying Who Enforces the Registry? What Are my Responsibilities? How Can I Search the Registry? 6
3.2-8 What is Lobbying? Lobbying is any communication with a public office holder by a person who represents a business or financial interest. The goal of lobbying is to try and influence any legislative action, including but not limited to the: Development, introduction, passage, defeat, amendment or repeal of a by-law, motion or resolution; Development, approval, amendment, application or termination of a City policy, program, directive, guideline; or Outcome of a decision on any matter before Council, a Committee of Council or a Councillor or staff member acting under delegated authority. 7
3.2-9 What is a Lobbyist? There are three types of lobbyists: Consultant Lobbyist: a person who lobbies for payment on behalf of a client (another person, company, partnership or organization). If the consultant arranges for a meeting between a Council member or City employee and a third party, this is considered lobbying In-house Lobbyist: a person who is an employee, partner, sole proprietor and who lobbies on behalf of their own employer, business or organization Voluntary Unpaid Lobbyist: a person who lobbies without payment on behalf of a person, business, or other organization for the benefit of the interests of the person, business or other organization 8
3.2-10 Who is Exempt? The Lobbyist Registry process will not apply to the following: Government or public sector, other than the City Officials and employees of the City, the City of Mississauga, Town of Caledon, Region of Peel and other municipal bodies Members, directors, officers, employees or consultants retained by the following publicly-funded school boards and educational institutions o Peel District School Board; o Dufferin-Peel Catholic District School Board; o Ontario French Public School Board; o Ontario French Catholic School Board; and o Universities, colleges, and other publicly-funded educational institutions. 9
3.2-11 Who is Exempt? (cont.) The Lobbyist Registry process will not apply to the following: Members, directors, officers, employees or consultants retained by the following publicly-funded healthcare institutions o Brampton Civic Hospital o Peel Memorial Centre for Integrated Health and Wellness Members, directors, officers, employees or consultants retained by the following municipal associations o Association of Municipalities of Ontario o Federation of Canadian Municipalities 10
3.2-12 What is the Lobbyist Registry? An online tool (available for public viewing) where lobbyists register their lobbying activity All lobbyists must register. Registration may be completed before lobbying takes place. Registration must be completed within 5 business days of lobbying commencing Registration is a three-step process: o Step 1: Registration as a Lobbyist registration may remain valid for the term of Council o Step 2: Registration of subject matter a registration item must be created for each issue or topic being lobbied o Step 3: Closure of subject matter registration once lobbying is complete, the registration item should be closed. If registration exceeds one year, it may be automatically closed 11
3.2-13 Lobbyist Registry Categories Here is the list of subject matter categories: Agriculture/Rural Affairs Arts/Culture Attractions/Tourism Budget Building Permits/Inspection By-laws/Regulation Economic Development Emergency Planning and Services (incl. Fire) Environment Financial Services Grants/Funding Information Technology Infrastructure Licences Parking Parks and Recreation Planning and Development Procurement Public Sector Union Real Estate/Property Signs Tax Policy Transit Transportation Water/Sewer 12
3.2-14 How Does this Affect Me? Most Council members are lobbied from time to time When lobbying, a lobbyist must register the subject matter they are lobbying as well as who they are lobbying the lobbyist is required to enter the name of any Council members and the position/title of any staff members they are lobbying Council and staff members are not required to register under the Lobbyist Registry. Lobbyists are responsible for registering their activity. 13
3.2-15 How do I know If I m Being Lobbied? You deal with members of the public and/or stakeholders on a regular basis Some of your day-to-day interactions may not be considered lobbying as they may be part of the normal routine The following are examples that are not considered as lobbying: o o o o Communication that is a matter of public record or occurs during a meeting of Council or a Committee of Council Communication that occurs during a public process such as a public meeting, hearing, consultation, open house or media event held or sponsored by the City or a public office holder or related to an application Communication to a Member of Council by a constituent, or an individual on behalf of a constituent on a general neighbourhood or public policy issue Communication restricted to compliments and complaints about a service or program 14
3.2-16 Examples of Lobbying The following examples could be seen as lobbying activity: A vendor invites staff or Council members to a learning session where the vendor promotes their software solution over a solution currently being used at the City. A developer by-passes the regular development application process and seeks approval from the Director to expedite a development application. A local business owner meets with a Council member to request potential changes to a Licensing By-law. A developer meets with Council members and a Manager in Economic Development to discuss the benefits of building a casino in Brampton. A local business meets with a Council member to request funding for a new film studio being built in Brampton. 15
3.2-17 Who Enforces the Registry? The Lobbyist Registrar is responsible for managing and enforcing the registry The Lobbyist Registrar reviews and approves/denies all lobbying registrations If a lobbyist is found violating the requirements of the Lobbyist Registry By-law, the Lobbyist Registrar may impose certain penalties: o First contravention a lobbyist may be prohibited from lobbying public office holders for 30 days; o Second contravention a lobbyist may be prohibited from lobbying public office holders for a period of 90 days; and o Third or subsequent contravention the Lobbyist Registrar will determine an appropriate penalty that is greater than a penalty for a second contravention. 16
3.2-18 What Are My Responsibilities? If you feel you are being lobbied, remind the lobbyist that lobbying activity must be registered in the Lobbyist Registry Check the Lobbyist Registry from time to time to ensure that the lobbyist has registered him/herself, has registered the subject matter, and identified you as being lobbied. If you have concerns that lobbying activity has not been registered, speak to the Lobbyist Registrar If a lobbyist has been prohibited from lobbying, you must stop lobbyingrelated communication with them, and inform the Lobbyist Registrar 17
3.2-19 How Can I Search the Registry? The registry will be available at www.brampton.ca/registry From this website, you ll be able to access the Lobbyist Registry 18
3.2-20 Search Layout 19
3.2-21 Search Entering Search Criteria 20
3.2-22 Search Results 21
3.2-23 Search Expanded Results 22
3.2-24 Part 2 Gift Registry 23
3.2-25 Part 2 Items for Discussion What is the Gift Registry? How Does this Affect Me? What Are my Responsibilities? How do I Complete a Gift Disclosure Statement? 24
3.2-26 What is the Gift Registry? The Gift Registry is a public record of gifts, benefits and hospitality received by Council and staff members All gifts, benefits or hospitality with a value of $50 or more must be recorded Council and staff members are required to complete Gift Disclosure Statements Summaries of gifts and/or Gift Disclosure Statements will be posted to the public website on a quarterly basis 25
3.2-27 All of the following are examples of a gift, benefit or hospitality: Free lunch with a developer Tickets to a sporting event Christmas gift basket from a vendor Tickets to a charity golf tournament 26
3.2-28 How Does this Affect Me? The Gift Registry applies to all Council members and staff members Starting Jan 1, 2016, you will be required to keep track of any gifts, benefits or hospitality received, that have an individual value of $50 CAD or more Council and staff Codes of Conduct will be updated to include the new guidelines for disclosing gifts in the Gift Registry. 27
3.2-29 What Are My Responsibilities? While disclosure of all gifts, benefits and hospitality is encouraged, anything with an individual value of $50 or more must be disclosed The Council member is responsible for completing a Gift Disclosure Statement Once completed, the Lobbyist Registrar will review the Gift Disclosure Statement the Lobbyist Registrar enforces the Gift Registry, as well as the Lobbyist Registry Summaries of gifts and/or Gift Disclosure Statements are uploaded to the public website on a quarterly basis. All information entered into the Gift Disclosure Statement will be visible to the public 28
3.2-30 How do I Complete a Gift Disclosure Statement? The Gift Disclosure Statement will include the following: o Name of recipient (you) o Description of gift/benefit received (the type of gift/benefit) o Source of gift/benefit (who gave it to you) o Date you received the gift/benefit o Circumstances under which the gift/benefit was given and received o Estimated value of gift/benefit o Intended use of gift/benefit (e.g. donated elsewhere or you used it) 29
3.2-31 Portal Registries Information 30
3.2-32 Gift Registry Portal 31
3.2-33 Submitting a Statement Complete all fields in the Gift Disclosure Statement and click OK 32
3.2-34 Viewing Your Submitted Statements Once you submit the statement, the Registrar will be alerted and will review the statement You can review all of your submitted statements on the portal 33
3.2-35 Gift Registry Demo http://ourbrampton.brampton.ca/sites/125/125/pages/default.aspx 34
3.2-36 Questions? 35
3.2-37 Contact Information www.brampton.ca/registry http://ourbrampton.brampton.ca/sites/125/125/pages/default.aspx Lobbyist Registrar Registry@brampton.ca Peter Fay City Clerk and Executive Director of Council & Administrative Services Peter.Fay@brampton.ca 905.874.2172 Wendi Hunter Manager, Administrative Services & Elections Wendi.Hunter@brampton.ca 905.874.2139 36
3.2-38 Thank you for attending! 37
4.1-1 Region of Peel APPROVED AT REGIONAL COUNCIL September 24, 2015 9.2. Peel Regional Council Code of Conduct - Integrity Commissioner Referred to the Integrity Commissioner/Lobbyist and Gift Registries Committee 2015-686
4.1-2 REPORT Meeting Date: 2015-09-24 Regional Council DATE: July 2, 2015 REPORT TITLE: FROM: PEEL REGIONAL COUNCIL CODE OF CONDUCT - INTEGRITY COMMISSIONER David Szwarc, Chief Administrative Officer RECOMMENDATION That a Request for Proposal be developed for the retention of an Integrity Commissioner for the Region of Peel. REPORT HIGHLIGHTS The Peel Regional Council Code of Conduct was adopted on June 26, 2014 and came into effect at the inaugural meeting on December 4, 2014. Peel Regional staff was directed to report back with a Code of Conduct implementation plan. Since adoption of the Code, the provincial government has passed Bill 8, Public Sector and MPP Accountability and Transparency Act, 2014, which provides authority to the Ontario Ombudsman to oversee municipal activity. Staff recommends the development of a Request for Proposal for the purpose of retaining a Region of Peel Integrity Commissioner. Financial implications related to the retention of a Regional Integrity Commissioner will be considered as part the 2016 Budget process. DISCUSSION 1. Background To demonstrate its commitment to strengthening the Region of Peel s accountability and transparency framework, on June 26, 2014, Regional Council approved the report of the Chair, Peel Regional Council Code of Conduct Committee, titled Peel Regional Council Code of Conduct (Resolution 2014-572). The key recommendation in the aforementioned report was the adoption of the Peel Regional Council Code of Conduct (the Code) which came into effect on December 4, 2014 at the Region of Peel Inaugural meeting. In addition, the final recommendation was that staff report back with a Code of Conduct implementation plan.
4.1-3 PEEL REGIONAL COUNCIL CODE OF CONDUCT INTEGRITY COMMISSIONER a) Changes to the Accountability and Transparency Environment Since the adoption of the Code, the accountability and transparency environment in which the Region of Peel operates has changed. These changes represent greater provincial oversight in municipal activity as well as a gap that existed in the Region of Peel s existing accountability and transparency framework. i) Bill 8, Public Sector and MPP Accountability and Transparency Act, 2014 The Government of Ontario has passed Bill 8, Public Sector and MPP Accountability and Transparency Act, 2014 and related regulations affecting municipal governments which are to be proclaimed and come into effect on January 1, 2016. Once these regulations are proclaimed the Ontario Ombudsman will become the default ombudsman for municipal governments that do not appoint a municipal ombudsman. In addition where a municipal ombudsman has been appointed, the Ontario Ombudsman will also have a final opportunity to investigate, recommend and report concerning individual complaints. This legislation also permits the Ontario Ombudsman to undertake an investigation on his or her own motion (i.e. not in response to a complaint) including a more universal maladministration issue than in just one municipality. In regard to closed meeting investigations, there is no change to the appointment of an investigator. In other words, the current default model continues such that if no one is appointed by the Council then the provincial Ombudsman has jurisdiction. The Region of Peel has appointed Local Authority Services Ltd. LAS (a subsidiary of the Association of Municipalities of Ontario) as the investigator of complaints surrounding closed Regional Council and Committee meetings on December 13, 2007 (Resolution 2007-1541). ii) Area Municipal Integrity Commissioners As part of the June 2014 direction from Regional Council, the Chief Administrative Officer was to investigate the use of resources currently in existence at the area municipal level for the purposes of the Code implementation. Below is the current status of integrity commissioner agreements with Brampton, Caledon and Mississauga: City of Brampton appointed Robert J. Swayze for 4 years beginning July 16, 2014. The City budgeted $187,300 over 4 years for the role. Town of Caledon appointed John E. Fleming on March 22, 2011, until the end of Term of Council in 2014. The Town of Caledon has extended the contract for John E. Fleming to December 31, 2015. $10,000 annual retainer budgeted by the Town for the role. The City of Mississauga appointed Robert J. Swayze for five years beginning July 1, 2012. City has budgeted $100,000 per year for the role. Given the current status of contracts at the area municipal level, it would be challenging to bring alignment between the area municipalities and the Region for Code implementation, at least in the immediate term. Staff is also of the view that sharing resources with the area municipalities would result in minimal cost savings. - 2 -
4.1-4 PEEL REGIONAL COUNCIL CODE OF CONDUCT INTEGRITY COMMISSIONER iii) June, 2013 Mississauga Integrity Commissioner Report Further supporting the need for Regional Council to decide upon the appointment of an integrity commissioner is the June 25, 2013 report by Robert Swayze, City of Mississauga Integrity Commissioner. In a decision rendered by Mr. Swayze, he recognized the accountability gap in existence between the area municipalities and the Region due to the fact that the Region did not have a Council Code of Conduct (now in place) or an Integrity Commissioner. b) Current Council Code of Conduct Implementation Process As the Code is an appendix to the Peel Regional Council Procedure By-law 100-2012, as amended, the Office of the Regional Clerk is responsible for fielding general Code related inquiries. Since Council adoption, the Regional Clerk has received one formal Code related inquiry with it being resolved amongst the inquiring parties. If the Code issues had not been resolved, the Regional Clerk would have been required to bring the issue to Regional Council for further direction. 2. Proposed Direction Based on the information provided in the background section of this report, staff recommends the development of a Request for Proposal for the purpose of retaining a Region of Peel Integrity Commissioner. The goal will be to work with the successful candidate to develop processes and procedures to be used in the implementation (education, inquiry and investigation) of the Code. FINANCIAL IMPLICATIONS The current financial implications related to the retention of an Integrity Commissioner are unknown at this time and would be revealed during the RFP process. Associated costs will be considered as part the 2016 Budget process. CONCLUSION As directed by Regional Council, this report provides recommendations in moving forward with an implementation plan for the Code. By appointing an independent Integrity Commissioner for the enforcement of the Code, the Region can further demonstrate its commitment to ensuring that it is accountable to the public for its actions and that its actions are also transparent to the public D. Szwarc, Chief Administrative Officer For further information regarding this report, please contact David Arbuckle, Manager, Strategic Public Policy and External Relations at extension 4777 or at david.arbuckle@peelregion.ca. - 3 -
4.2-1 Region of Peel APPROVED AT REGIONAL COUNCIL September 24, 2015 9.3. Follow-up - Region of Peel Integrity Commissioner Referred to the Integrity Commissioner/Lobbyist and Gift Registries Committee 2015-687
4.2-2 REPORT Meeting Date: 2015-09-24 Regional Council For Information DATE: August 28, 2015 REPORT TITLE: FROM: FOLLOW-UP - REGION OF PEEL INTEGRITY COMMISSIONER David Szwarc, Chief Administrative Officer OBJECTIVE To provide Regional Council with additional information related to the retention of an Integrity Commissioner for the Region of Peel. REPORT HIGHLIGHTS At the July 9, 2015 Regional Council meeting, Council deferred a report recommending the development of a Request For Proposal to retain a Regional Integrity Commissioner. Additional information was requested by Regional Council related to potential costs, full/part-time roles and options related to area/regional municipal integrity commissioners. This report also aligns to recommendations being brought forward in the Establishment of a Lobby and Gift Registry report. DISCUSSION 1. Background On July 9, 2015, a report titled Peel Regional Council Code of Conduct Integrity Commissioner was presented to Regional Council. The report recommended that a Request for Proposal be developed for the retention of an Integrity Commissioner for the Region of Peel. Upon presentation of the report to Regional Council, a number of points of clarification were requested by Regional Council, including: Cost of appointing an Integrity Commissioner for the Region of Peel; Proposed appointment status (full or part-time) Options related to the roles of the area municipal Integrity Commissioners and a Region of Peel Integrity Commissioner In order to facilitate the gathering of this information, the July 9, 2015 report was deferred.
4.2-3 FOLLOW-UP - REGION OF PEEL INTEGRITY COMMISSIONER 2. Findings a) Cost As outlined in the July 9, 2015 report, the current financial implications related to the retention of a Regional Integrity Commissioner are unknown at this time and would be revealed during the Request for Proposal (RFP) process. While the structure of an integrity commissioner RFP is in the development stages, Regional staff envisions a potential RFP being in two distinct stages, each with a different payment structure. Process and Procedure Development To effectively execute the role of Integrity Commissioner for the Region of Peel, processes and procedures are necessary. Upon selection, the successful respondent will work with Regional staff to develop appropriate processes, procedures and service standards. Included in this work will be how to deliver integrity commissioner services (education, inquiry and investigation) to key Regional stakeholders including Regional Council, individual Regional Councillors, Regional staff, area municipal integrity commissioners and the public. It is anticipated that the integrity commissioner RFP will request an individual cost and timeline for the delivery of these processes. This would be a one-time cost. Integrity Commissioner Services The second part of the RFP will provide for the delivery of integrity commissioner services, as outlined by the established processes and procedures. In responding to the proposal, individual respondents will be expected to provide a cost structure to fulfill the integrity commissioner role. As outlined in the July 9th report, timing challenges exist in relation to the opportunity to integrate the integrity commissioner function between the Region and area municipalities at this time. Should the area municipalities wish, at a future date, to share an integrity commissioner with the Region, staff will ensure the language within the RFP and contract with the Regional Integrity Commissioner prescribes processes to permit the addition of an area municipal integrity commissioner function. b) Appointment Status (Full-time/Part-time) The determination of a full or part time Regional integrity commissioner will depend somewhat upon the processes and procedures developed for the role and the demand for service. However, staff anticipates that integrity commissioner services would be required on a part-time basis only. - 2 -
4.2-4 FOLLOW-UP - REGION OF PEEL INTEGRITY COMMISSIONER c) Area Municipal/Regional Integrity Commissioner As highlighted in the July 9, 2015 report, given the timing related to existing integrity commissioner contracts with the area municipalities, it would be challenging to align integrity commissioner services with the Region of Peel, at least in the immediate term. As area municipal integrity commissioner contracts approach their expiration date, further discussion can be had between the Region and the area municipality to explore the benefits of joint integrity commissioner retention. Cooperation between Regional integrity commissioner and those retained by the area municipalities will be important should Regional Council choose to move forward. A key task of the new Region integrity commissioner will be to identify processes and procedure for working with key Regional stakeholders like the area municipal integrity commissioners, especially in circumstances where an issue spans jurisdictions. d) Integrity Commissioner/Lobby Registrar As identified by the report entitled Establishment of a Lobby and Gift Registry, staff recommends that Regional Integrity Commissioner also serve as the Lobby Registrar for the Region of Peel. This dual role would be identified through the RFP process. Approved for Submission: D. Szwarc, Chief Administrative Officer For further information regarding this report, please contact David Arbuckle, Manager, Strategic Public Policy and External Relations, Office of the CAO at X4777 or david.arbuckle@peelregion.ca Authored By: David Arbuckle Reviewed in workflow by: Purchasing - 3 -
4.3-1 Region of Peel APPROVED AT REGIONAL COUNCIL September 24, 2015 9.4. Establishment of a Lobby and Gift Registry Referred to the Integrity Commissioner/Lobbyist and Gift Registries Committee 2015-688
4.3-2 REPORT Meeting Date: 2015-09-24 Regional Council DATE: August 25, 2015 REPORT TITLE: FROM: ESTABLISHMENT OF A LOBBY AND GIFT REGISTRY Lorraine Graham-Watson, Commissioner of Corporate Services RECOMMENDATION That a Lobby Registry be developed under the authority of section 223.9 of the Municipal Act, 2001, as amended, as an online tool for Lobbyists to register and report activity in a manner accessible to the public and stakeholders; And further, that the Regional Clerk develop a system of registration of lobbying including processes and procedures to implement and maintain the Lobby Registry; And further, that a Lobby Registry and Registration System By-law be presented to a future Regional Council meeting to provide for the implementation, maintenance, monitoring and enforcement of the Lobby Registry; And further, that the Peel Regional Council Code of Conduct and the Regional Employee Code of Conduct be amended, as required, to be consistent with the Lobby Registry and system of registration; And further, that Council direct and endorse the registration by Members of Council, through their respective area municipality, of all gifts, benefits or hospitality received whether in conjunction with Regional or City/Town business in accordance with their respective area municipality policies and procedures; And further, that the Regional Chair disclose in writing all gifts, benefits or hospitality having an individual value of $500.00 or more, or if the total value from any one source during the course of a calendar year exceeds $500.00 received from individuals, firms or associations, with their estimated values to the Regional Clerk and include in such disclosure 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.
4.3-3 ESTABLISHMENT OF A LOBBY AND GIFT REGISTRY REPORT HIGHLIGHTS On July 9, 2015 Regional Council passed Resolution 2015-596 which gave direction to staff to report back in September 2015 on the details of establishing a lobby and gift registry and the staffing, oversight and financial implications. The Municipal Act, 2001, as amended, provides that a municipality may establish and maintain a registry of returns filed by persons who lobby public office holders and a system of registration of such persons. The City of Brampton, City of Mississauga and Town of Caledon have existing policies and procedures relating to gifts, benefits and hospitality received by Members of Council. DISCUSSION 1. Background On July 9, 2015 Regional Council passed Resolution 2015-596 which directed staff to establish a Lobby and Gift Registry in accordance with the Municipal Act, 2001, as amended, to keep registrations and returns filed by persons, groups or companies who lobby the Region of Peel public office holders, both elected and non-elected and report back to Council in September, 2015 with a framework to administer the Lobby and Gift Registry. Furthermore, the report is to include recommendations on staffing, oversight and appointment of a Registrar and the financial implications. 2. Lobby Registry Lobbying is a legitimate and legal activity that is part of an individual s, group s or company s right to communicate with public office holders. A Lobby Registry may be established pursuant to Section 223.9 of Part V.1 of the Municipal Act, 2001, as amended. The purpose of a Lobby Registry is to enhance transparency and integrity of business conducted at the Region of Peel by providing an accessible record of persons who lobby public office holders outside of a public forum and of information related to such lobbying activities. a) Lobby Registry Framework Information to be registered by a lobbyist would be the lobbyist s name, the organization being represented (if applicable), the subject matter, who will be or has been lobbied, when and how lobbying takes place and when lobbying on that particular subject matter ceases. Lobbyists would be required to register with the Lobby Registry and thereafter to disclose any and all lobbying activities within five (5) business days of the communication taking place. The system of registration, including definitions, would be incorporated into a by-law. The recommended method of delivery is an online tool that is easy to access and search by the public and which documents instances of substantive communications, such as telephone calls, meetings or e-mails between those who lobby and Members of Regional Council, their staff and/or senior Regional staff. - 2 -
4.3-4 ESTABLISHMENT OF A LOBBY AND GIFT REGISTRY An administrative structure around the Lobby Registry is required. includes, but is not limited to: Administration a Lobby Registrar to oversee the Registry; creation and implementation of the Registry; communication about the Registry; training for Members of Council, staff, lobbyists and the public once the Registry has been established; and, annual reporting to Council. The Peel Regional Council Code of Conduct is sufficiently flexible to allow for a Lobby Registry, but for clarity should be amended to provide specifically for the Lobby Registry and Lobby Registrar and the system of registration. The Code of Conduct for Regional employees should be updated to reflect the implementation of the Lobby Registry and employee obligations to comply with the Lobby Registry by-law, policies and procedures. b) Lobby Registrar The Municipal Act, 2001, as amended, authorizes a municipality to appoint a Registrar who is responsible for performing in an independent manner the functions assigned by the municipality with respect to the registry and the system of registration. The Registrar is not required to be a municipal employee. A Lobby Registrar is responsible for the enforcement and oversight of a Lobby Registry. The Lobby Registrar would review the Lobby Registry and its operation and processes annually and report to Council on activity and any recommendations for change. As well, they would undertake inquiries about compliance with the system of registration. The Lobby Registrar role could be fulfilled by an Integrity Commissioner and it is recommended that the identified responsibilities be added to the requirements of the Integrity Commissioner role. The Registrar is to conduct inquiries in respect of requests made by Council, a member of Council, or a member of the public about compliance with the Lobby Registry and system of registration or with a code of conduct established for persons who lobby public office holders. 3. Gift Registry The Gift registry would further enhance accountability and transparency by requiring members of Regional Council to disclose gifts, benefits and hospitality they have received in a public registry system. A Gift Registry requires elected officials to list all gifts, benefits and hospitality received which exceeds an identified amount from one source in a calendar year. The Gift Registry should include a description of the gift, benefit or hospitality, the source, estimated value and what is to be done with the gift. Each of the City of Mississauga, City of Brampton and the Town of Caledon have policies and procedures relating to gifts, benefits and hospitality. In order to avoid duplication, any gift, benefit or hospitality received by any Regional Councillor whether in the performance of their duties as an Area Councillor or as a Regional Councillor would be reported in - 3 -
4.3-5 ESTABLISHMENT OF A LOBBY AND GIFT REGISTRY accordance with the respective Councillor s area municipal policies and procedures to the area municipality such that all gifts, benefits or hospitality received by a Councillor would be recorded appropriately and only in one location. With respect to the Regional Chair, he/she would disclose all gifts, benefits and hospitality with an individual value of $500.00 or more, or if the total value from any one source during the course of a calendar year exceeds $500.00 received from individuals, firms or associations, along with estimated values to the Regional Clerk and such disclosure include the nature of the gift, benefit or hospitality, the source of the gift, benefit or hospitality and the date of receipt. Revisions to the Peel Regional Council Code of Conduct are required to implement this approach. FINANCIAL IMPLICATIONS The current financial implications related to the retention of a Lobby Registrar are unknown at this time and would be revealed during the Request for Proposal (RFP). It is recommended that the Regional Integrity Commissioner also serve as the Lobby Registrar as identified in the July 9, 2015 report titled Peel Regional Council Code of Conduct Integrity Commissioner and the September 24, 2015 report titled Follow-Up Region of Peel Integrity Commissioner. The dual role would be identified through the RFP and the associated costs will be considered as part of the 2016 Budget process. CONCLUSION A Lobby Registry and system of registration has been determined by Regional Council to be a component of its commitment to transparent and accountable governance. A system of registration is required to establish a Lobby Registry and a Lobby Registrar is required to monitor and enforce the system. A Gift Registry has also been determined by Regional Council to be a component of its commitment to transparent and accountable governance. Due to existing frameworks at the Area Municipal level, a Regional Gift Registry is only required for the Regional Chair. For Regional Councillors, all gifts, benefits and hospitality whether from local business or Regional business are to be recorded in accordance with area municipal policies and procedures. Lorraine Graham-Watson, Commissioner of Corporate Services - 4 -
4.3-6 ESTABLISHMENT OF A LOBBY AND GIFT REGISTRY Approved for Submission: D. Szwarc, Chief Administrative Officer For further information regarding this report, please contact Kathryn Lockyer, Regional Clerk and Director of Clerk's, ext. 4325, kathryn.lockyer@peelregion.ca. Authored By: Kathryn Lockyer - 5 -