Federal GovernmentLobbying Act

September 2008

Office of theExecutive Director

Government Relations

BackgroundPrevious Act (Lobbyists Registration Act)

required organizations to register if they passed a certain threshold of activity. Semi-annual updates on activity were required.

The new Lobbying Act actually governs the activity of lobbying and increases the obligations of organizations to report on their activity.

Designated Public Office Holders (DPOH)

MinistersPolitical (exempt) staff, e.g. policy advisors,

legislative assistants, chiefs of staffDeputy MinistersAssistant and Associate Deputy MinistersAny position of Senior Advisor to the Privy

Council that is appointed by Cabinet.Anyone else appointed to a position

equivalent to DM, ADM, or Ass’t DM eg. President and VPs of granting councils.

Lobbying ActivityThe Act applies to communication “in respect

of” a decision, not only attempts to influence the decision.

ANY communication about new laws, policies, programs, or grants or changes to existing laws, policies, programs, or grants requires reporting!

Two Forms of ReportingMaster registration – filed originally and must

be updated when:New lobbying project begins (e.g. Veteran’s Affairs

funding for History project)New legislation proposed (e.g. create a new

mechanism to fund the operating costs of big science)

New person added to the list of organization’s “lobbyists”

Monthly reports – must be filed by the 15th of each month, detailing all activity for the previous month.

Monthly ReportsTriggered by three conditions:

Condition Example of Trigger Example of Non-Trigger

1. Communication is oral

•Face –to-face meeting•Telephone conversation

•Letter•Email

2. Communication is pre-arranged

•A meeting or phone call is put in the calendar.

•Chance meeting in a restaurant.

3. Communication is arranged by UVic or our representative.

*Exception: The communication relates to the awarding of a federal gov’t grant, contribution or other financial benefit.

•UVic’s GR director arranges the meeting.

•A consultant lobbyist in Ottawa arranges a meeting for a UVic employee.

•A faculty member is contacted by a Finance Minister staffer to provide expert opinion on a policy.

•President is an invited participant in a roundtable with the Minister of Industry.

Monthly Reports: ContentName and position of Designated Public

Office Holder (DPOH)Department and Branch of DPOHDate of the communicationParticulars to identify the subject matter of

the communication

Sample UVic FormUVIC Government Relations Monthly Lobbying Information

Official`s Name Hon. Gary Lunn

Official`s Title Minister of Natural Resources

Date of Communication:

Wednesday May 7, 2008

Particulars: Discussed support from the Department of Natural Resources for a Chair in Hyperspectral Remote Sensing.

Submitted by: Peter Keller, Dean of Social Sciences

Date Submitted: June 1, 2008

EnforcementRegistrar is replaced with Commissioner of

Lobbying.Commissioner is an officer of Parliament (not

an employee of the federal government) and has expanded powers to investigate.

Investigations will be reported to Parliament.Scope of investigations broadened to “…if

Commissioner has reason to believe an investigation is necessary to ensure compliance with the Act, as applicable.”

Penalties$50,000 and/or 6 months in prison for a

summary conviction.$200,000 and/or 2 years in prison for an

indictment.Commissioner’s investigations will be tabled

with Parliament.

UVic ComplianceInforming campus community.Website – information on the Lobbying Act,

on-line form to report activity.Electronic form on website, hard copy forms

given to all deans and senior administrators.Forms to be submitted to USEC office by the

5th of each month (eventually to the Government Relations office).

Reminder notices will be sent by email on the 1st of each month.

Gray AreasConsult Commissioner of Lobbying website

for Interpretation Bulletins or Advisory Opinions.http://www.ocl-cal.gc.ca/epic/site/lobbyist-lobb

yiste1.nsf/en/h_nx00291e.htmlContact Executive Director of Government

Relations to discuss.When in doubt, submit a report!