On May 24, 2012, the Ontario Integrity Commissioner called for a review of the Lobbyists Registration Act, 1998 (Ontario). The Integrity Commissioner concurrently serves as the Lobbyist Registrar of Ontario, and is responsible for the administration of the Act. The Commissioner first issued a call for a review one year ago in her annual report.

The Commissioner has suggested that the provincial Act is outdated and needs to be updated in order to make the existing registration system more transparent. The Commissioner has issued several recommendations in her report of May 24, 2012 Recommendations for amendments to the Lobbyists Registration Act, 1998.

Recommendations:

  • Provide the Lobbyists Registrar with the power to investigate complaints and issue penalties, including administrative monetary penalties, public reporting of contraventions, and restrictions against lobbying. At present, when the Office receives a complaint, it follows an informal process to resolve the issue. The Commissioner believes the ability to receive and review complaints, along with the penalty provisions, would serve to encourage compliance.
  • Eliminate the "significant part of duties" threshold. The Act requires that in-house lobbyists must register only if they spend 20% or more of their time on lobbying activities. The Commissioner recommends that all paid lobbyists should be required to register, regardless of the time spent lobbying.
  • Combine the two types of in-house lobbyists (persons & partnerships, and organizations). The Commissioner believes the current system is unnecessarily confusing. For example, in-house lobbyists in the first category must register individually; in-house lobbyists in the second are listed on a single form under the name of the organization's senior officer. A simplified process would increase transparency.
  • Require the same type of information from all lobbyists, and permit the Registrar to introduce new categories of information if it aligns with the spirit of the Act. This would establish a common format, and allow the Registrar to ask for more information when she considers it helpful.
  • Introduce a restriction to prevent persons who lobby from being paid to provide advice to government on the same subject matter.
  • Require former public officers who lobby to register on the Registry regardless of time spent lobbying and align the postemployment rules for ministers' staff with the Act.
  • Clarify that "grass-roots communications" (a type of indirect communication) is lobbying.
  • Clarify that in-house lobbyists include directors.

Observers should be aware that there is no requirement to change the Act. The Commissioner is simply suggesting changes with the stated goal that "Ontario must strive to achieve the highest level of transparency possible about lobbying activities."1 Any amendments to the existing legislation would necessitate a legislative review, complete with committee study, witnesses, and stakeholder input.

Footnote

1. http://oico.on.ca/web-att.nsf/vw/LRO/$FILE/LRA_Issues_Summary_2012_05_24.pdf?OpenElement

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