Report to: From: Chair & Members of the Administration & Planning Standing Committee Troy McHarg, Town Clerk Date: September 19, 2011 Report No. ES-033-11 Subject: Halton Region Lobbyist Registry RECOMMENDATION: THAT the Town Clerk be directed to inform Halton Region that the Town of Milton does not support the establishment of a lobbyist registry that encompasses local issues at this time; EXECUTIVE SUMMARY AND FURTHER THAT, should Halton Region resolve to establish a lobbyist registry for Regional issues, that local municipalities to permitted to opt in anytime in the future as determined necessary by the local municipality; AND FURTHER THAT a copy of this report and Council s decision be sent to Halton Region, the City of Burlington, and the Towns of Oakville and Halton Hills. The purpose of this report is to respond to the Region s request for the Town of Milton s position with respect to participating in a lobbyist registry that encompasses Local and/or Regional issues. Staff do not recommend participation at this time. REPORT Background Changes in the Municipal Act effective January 1, 2007 provided municipalities with jurisdiction to establish a lobbyist registry and to appoint a lobbyist registrar (s. 223.9-.12). The Town Clerk reported to committee in May 2007 regarding these changes through report ES-037-07. There was no interest by Council in implementing a lobbyist registry at that time. On August 6, 2009, the Halton Region Lobbyist Registry Review Sub-Committee was established in order to assist Regional Council in determining whether a lobbyist registry
Report No.ES-033-11 Page No. 2 is appropriate for Halton Region. Mayor Krantz is a member of this regional subcommittee. At the meeting of September 9, 2009, Regional Council approved a motion requesting that staff develop a terms of reference for a Sub-Committee of Councillors to investigate and report back to Council on lobbyist registry options and to develop guidelines to provide public transparency and accountability by lobbyists with Councillors and Regional Officials in Halton. The Terms of Reference for the Halton Region Lobbyist Registry Sub-Committee are included as Appendix A to this report. The Registry sub-committee approved the following motion at their meeting on March 23, 2011: Discussion That staff be requested to consult with the City of Burlington, Town of Halton Hills, Town of Milton and Town of Oakville regarding the operation of a lobbyist registry in Halton Region and to report back to the Lobbyist Registry Review Sub- Committee within six months. 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. The intent of a lobbyist registry is to provide citizens with a tool that further enhances open, accountable and transparent government. Lobbyist registries currently exist at the provincial and federal levels of government (provincial Lobbyists Registry Act) and are not intended to exclude lobbying nor to regulate the conduct of elected officials. The Broader Public Sector Accountability Act includes hospitals, local health integration networks, long term care homes, school boards, children s aid societies, community care access corporations and others and defines lobbyist and lobbyist services in the context of the Lobbyists Registration Act. The City of Hamilton has had a volunteer registry since 2004. In December 2010, the City of Ottawa voted in favour of beginning the process to establish a Lobbyist Registry. The City of Toronto is the only municipality in Ontario to have established a formal lobbyist registry to date and they have also established a position of lobbyist registrar to handle the administrative and enforcement responsibilities required to maintain the registry. Each of these communities is significantly larger than Milton. Toronto and Ottawa are centres for provincial and federal governments respectively.
Report No.ES-033-11 Page No. 3 Legislative Requirements The provisions pertaining to lobbyist registries in the Act are permissive in that a municipality may, rather than shall, establish them and they also allow a municipality to tailor its registry to suit its needs as long as it is compliant with the Act s general requirements, if a registry is being implemented. There are basic requirements outlined in the legislation that must be considered when developing a lobbyist registry: Determine the mandate of the lobbyist registry; Define the activities considered as lobbying and which activities are deemed exempt from the obligation to report to the registry; and Decide who is considered a lobbyist and establish which activities and persons are exempt from the requirement to provide information to the registry. In addition, the Act also sets out a number of options municipalities may consider when establishing a lobbyist registry, including: The development of a lobbyist code of conduct to govern interaction with lobbyists; The appointment of a lobbyist registrar to perform in an independent manner the functions assigned by the municipality with respect to the registry; Development of conditions for registration, renewals of registration, and prohibiting or restricting certain persons from registering as lobbyists; and Prohibiting persons from receiving payment which is contingent upon successful lobbying activities. Milton s Experience Milton Council has a record of ethically sound behaviour, as evidenced through compliance with the members Declarations of Office, relevant Town of Milton policies such as the Council Code of Conduct, the Accountability and Transparency policy and the Purchasing By-Law. The Council Code of Conduct and the Purchasing By-Law provide guidelines that govern Council behaviour related to third parties. These policies can provide comfort to the public that municipal council members act in an appropriate manner in their dealings with third parties. In addition, elected officials are subject to the provisions of the Municipal Conflict of Interest Act which outlines how members of council must deal with direct and indirect pecuniary interests. At this time staff is not recommending that Council pursue the establishment of a lobbyist registry at the local level. There are other mechanisms in place to ensure open and transparent local government and there have not been any significant issues in
Report No.ES-033-11 Page No. 4 Milton related to lobbyists. The establishment of a registry would require a significant investment in an Office of a Lobbyist Registrar in order to make implementation successful. Consideration would be needed given potential staffing costs, and other associated fees such as registration and renewals, information technology, etc. The Lobbyist Registry provision in the Act can be a useful tool for municipalities who have a significant amount of lobbyist activity and require additional regulation in this area. At this time staff believe that Milton s experience with lobbyist activity does not warrant a registry. Relationship to the Strategic Plan The staff recommendation serves to meet the goal of a responsible, cost effective and accountable local government by recommending coordination with the Region in the provision of services, should the Town of Milton decide to opt in at some point of time in the future. Financial Impact None associated with the recommendation in this report. Respectfully submitted, Troy McHarg Town Clerk If you have any questions on the content of this report: Troy McHarg, x 2132 Attachments: Appendix A - Terms of Reference - Halton Region Lobbyist Registry Sub-Committee CAO Approval: