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Federal Government Lobbying Act

Federal Government Lobbying Act. September 2008 Office of the Executive Director Government Relations. Background. Previous Act (Lobbyists Registration Act) required organizations to register if they passed a certain threshold of activity. Semi-annual updates on activity were required.

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Federal Government Lobbying Act

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  1. Federal GovernmentLobbying Act September 2008 Office of the Executive Director Government Relations

  2. Background • Previous 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.

  3. Designated Public Office Holders (DPOH) • Ministers • Political (exempt) staff, e.g. policy advisors, legislative assistants, chiefs of staff • Deputy Ministers • Assistant and Associate Deputy Ministers • Any 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.

  4. Lobbying Activity • The 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!

  5. Two Forms of Reporting • Master 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.

  6. Monthly ReportsTriggered by three conditions:

  7. Monthly Reports: Content • Name and position of Designated Public Office Holder (DPOH) • Department and Branch of DPOH • Date of the communication • Particulars to identify the subject matter of the communication

  8. Sample UVic Form

  9. Enforcement • Registrar 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.”

  10. 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.

  11. UVic Compliance • Informing 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.

  12. Gray Areas • Consult Commissioner of Lobbying website for Interpretation Bulletins or Advisory Opinions. • http://www.ocl-cal.gc.ca/epic/site/lobbyist-lobbyiste1.nsf/en/h_nx00291e.html • Contact Executive Director of Government Relations to discuss. • When in doubt, submit a report!

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