Lobbying Act, 1985 | |
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Parliament of Canada | |
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Citation | R.S.C., 1985, c. 44 (4th Supp.) |
Enacted by | Parliament of Canada |
Enacted | 1985 |
Assented to | September 13, 1988 [1] |
Legislative history | |
First reading | House: / Senate: |
Second reading | House: / Senate: |
Third reading | House: / Senate: |
Committee report | House: / Senate: |
Amended by | |
Federal Accountability Act | |
Status: Amended |
The Lobbying Act (French : Loi sur le lobbying) is an Act of the Parliament of Canada which regulates lobbying of public office holders. [1] The Act has been amended many times over Canada's history.
The office of the Commissioner of Lobbying of Canada is an independent Agent of Parliament responsible for administering the Lobbying Act and the Lobbyists' Code of Conduct (the Code) to ensure that the process is both transparent and ethical. [2] On July 2, 2008 the Lobbyists' Code of Conduct (the Code) requirement that all lobbyists register under the Lobbying Act, came into force. [3] The Office maintains a searchable, self-reported lobbyists' registry, provides education, and verifies compliance. [2] Each fiscal year the Commissioner submits an annual report to the Parliament of Canada on the administration of the Act. [4]
The Lobbying Act gives the Commissioner of Lobbying the authority to develop, administer, and update the Code. [3] The first version of the Code, which came into effect on March 1, 1997, was updated in 2015 following consultation with the public. [3] On November 7, 2015, the Code was published in the Canada Gazette after it was reviewed by the House of Commons Standing Committee on Access to Information, Privacy and Ethics in the spring of 2015. This revised version came into force on December 1, 2015. [3]
The Office of the Commissioner replaced the Office of the Registrar of Lobbyists. [5]
Under section 11 of the Lobbying Act, the Commissioner must prepare and submit an annual report on the administration of the Act within three months after the end of each fiscal year and submit it to the Speaker of the Senate and the Speaker of the House of Commons. [4] [6]
Sections 5 and 7 provide details on requirements of individual lobbyists to register or be listed. [3]
Under the Lobbying Act public office holders include members, staff and employees of various bodies, agencies, and departments, such as the House of Commons, the Canadian Armed Forces, the Royal Canadian Mounted Police, federal ministers, and Governor in Council appointees. [3]
In Canada, the Lobbyists registrars and commissioners network (LRCN) includes the federal Office of the Commissioner of Lobbying as well as some provincial and municipal offices and agencies. [7] As of 2020, participating provinces, territories and municipalities included Alberta's Lobbyist Registry, Office of the Ethics Commissioner, British Columbia's Office of the Registrar of Lobbyists. Manitoba's Office of the Lobbyist Registrar, New Brunswick's Office of the Integrity Commissioner, Newfoundland and Labrador's Commissioner of Lobbyists, Nova Scotia's Registry of Lobbyists, Ontario's Office of the Integrity Commissioner, Prince Edward Island's Lobbyists Registry, Saskatchewan's Office of the Registrar of Lobbyists, Québec's Commissioner of Lobbying, the Yukon's Registry of lobby and the Conflict of Interest Commissioner, the Municipal City of Ottawa's Lobbyist Registry, and the City of Toronto's Office of the Lobbyist Registrar. [7] Their 2021 conference as hosted by the Canadian Intergovernmental Conference Secretariat (CICS). [8] Issues discussed included elections, jurisdictional and legislative changes related to lobbying. [8]
Lobbying is a form of advocacy, which lawfully attempts to directly influence legislators or government officials, such as regulatory agencies or judiciary. Lobbying involves direct, face-to-face contact and is carried out by various entities, including individuals acting as voters, constituents, or private citizens, corporations pursuing their business interests, nonprofits and NGOs through advocacy groups to achieve their missions, and legislators or government officials influencing each other in legislative affairs.
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The Federal Accountability Act is a statute introduced as Bill C-2 in the first session of the 39th Canadian Parliament on April 11, 2006, by the President of the Treasury Board, John Baird. The aim was to reduce the opportunity to exert influence with money by banning corporate, union, and large personal political donations; five-year lobbying ban on former ministers, their aides, and senior public servants; providing protection for whistleblowers; and enhancing the power of the Auditor General to follow the money spent by the government.
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The Honest Leadership and Open Government Act of 2007 is a law of the United States federal government that amended parts of the Lobbying Disclosure Act of 1995. It strengthens public disclosure requirements concerning lobbying activity and funding, places more restrictions on gifts for members of Congress and their staff, and provides for mandatory disclosure of earmarks in expenditure bills. The bill was signed into law by President George W. Bush on September 14, 2007.
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The Office of the Public Sector Integrity Commissioner of Canada is one of the Independent Oversight Offices created as part of the Canadian Federal Accountability Act. The Office investigates wrongdoing in the federal public sector and helps protect whistleblowers, and those who participate in investigations, from reprisal. Harriet Solloway is the current Commissioner, named on September 27, 2023.
The Office of the Commissioner of Lobbying of Canada is an officer of Parliament of Canada who is responsible for achieving the objectives of the Lobbying Act that came into force in 2008. The office replaced the Office of the Registrar of Lobbyists.
A Lobby Registry, also named Lobbyist Registry, Register for Lobby Transparency or Registry of Lobbyists is a public database, in which information about lobbying actors and key data about their actions can be accessed.
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Lobbying in Canada involves external entities seeking to influence government decision-making at various levels. Over time, lobbying has transitioned from a practice associated with elites to a tool used by diverse civil society organizations. As of 2024, around 9,000 registered lobbyists operate at the federal level across approximately 3,500 organizations. Government intervention in the late 20th century aimed to enhance transparency and establish ethical standards for lobbyists and officials.