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. 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) 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.

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!

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 15 th of each month, detailing all activity for the previous month.

Monthly Reports Triggered by three conditions: ConditionExample of TriggerExample of Non-Trigger 1. Communication is oral Face –to-face meeting Telephone conversation Letter 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: 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

Sample UVic Form UVIC Government Relations Monthly Lobbying Information Official`s NameHon. Gary Lunn Official`s TitleMinister 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

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.”

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 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 5 th of each month (eventually to the Government Relations office). Reminder notices will be sent by on the 1 st of each month.

Gray Areas Consult Commissioner of Lobbying website for Interpretation Bulletins or Advisory Opinions. lobbyiste1.nsf/en/h_nx00291e.html lobbyiste1.nsf/en/h_nx00291e.html Contact Executive Director of Government Relations to discuss. When in doubt, submit a report!