Toward a Tough Lobbying Control By-Law in Toronto
Remarks to Bellamy Inquiry Recommendations Steering Committee
June 12, 2006
Guy W. Giorno1
Partner
Fasken Martineau DuMoulin LLP
1. LOBBYIST REGISTRATION
As I said to the Policy and Finance Committee in November, I think the City should learn from
the laws of other jurisdictions in Canada and borrow the strongest, toughest features of each.
GOAL
Eliminate
old-fasioned,
accessbased
lobbying.
For example, the question is asked, “Should
‘lobbying’ be defined as an ‘attempt to
influence’ or as one that has ‘the appearance of
influencing.’?” I say that neither is strong
enough. We should adopt the current federal
model which is, any communication “in respect
of” a City decision, period.
This federal language was adopted in 2004
because the old language — attempt to influence
— was too vague to permit prosecution. In
other words, the language was unenforceable.
Other questions raised in the City’s consultation paper are again best answered by looking at the
example of other statutes. The distinction between consultant lobbyists and in-house lobbyists
serves other jurisdictions well and there is no reason to avoid it here, with similar treatment. A
consultant lobbyist should be required to report regardless of how brief or transitory his or her
communication. For employees, I think the 20-per-cent test — that is, total lobbying within an
organisation or company amounts to the equivalent of 20 per cent of one person’s time — should
apply.
2. CODE OF CONDUCT
My primary submissions this morning relate to the Code of Conduct. Yes, there should be one.
Yes, it should be binding. Yes, contravention of the code of conduct should be an offence.
1
These remarks are submitted in my individual capacity and do not necessarily reflect the views of the firm or its
clients.
-2Quebec has a code of conduct entrenched in the
regulations. Violation is an offence carrying a
fine of $250 to $25,000.
Enact tough
code of
conduct.
Newfoundland and Labrador has a code of
conduct. Contravention is an offence
punishable by a fine of up to $25,000 for a first
offence, $100,000 thereafter.
Contravention
should be an
offence, as in
QC, NL.
If a place almost five times smaller than
Toronto can enforce a lobbyist code of conduct
through prosecution and fines, then so can this
City.
Disgraced Lobbyist
Jack Abramoff
The federal treatment of this issue is inferior. Contravention of the federal code of conduct is not
an offence, but the commissioner can investigate and make a public report to Parliament. It
would be wrong to employ the same weak-kneed approach in this City.
Though I am a member of the Public Affairs Association of Canada, I believe that its Statement
of Ethical Principles is too weak and should not be a model for the Code. The Code should be
set by government, not set by the industry itself.
Some things to place in the Code? Again, the strongest, toughest features from across the
country. The following are from Quebec, which means they apply to every municipality in
Quebec, from the largest to the smallest.
•
Lobbyists shall ensure that the information they provide to a public office holder is, to their
knowledge, accurate, complete and kept up to date.
•
Lobbyists shall refrain from making false or deceptive representations to a public office
holder and from intentionally misleading anyone.
•
Lobbyists shall not induce a public office holder to contravene the standards of conduct
applicable to him or her.
Prohibit
advising
and
lobbying
same City
division or
office.
•
Lobbyists who are retained for
compensation to advise a public office
holder shall not lobby the parliamentary,
government or municipal institution in
which the public office holder exercises
his or her functions, in connection with
any question for which the lobbyists act as
advisors.
(As an aside, it is on this point that the Public
Affairs Association of Canada Statement of
-3Ethical Principles falls short. In my view, it does not adequately address those who seek, or
whose firms seek, to lobby the same government institution to which they are providing
advice.)
•
Lobbyists shall not, by any means whatsoever, conceal or try to conceal the identity of the
client, business or organization whose interests they are representing.
Prohibit lobbyists from
political fundraising (Bellamy
recommendation 113).
3. FUNDRAISING
My comments concerning the shortcoming of Bill 53 (on the issue of the overlap between
lobbyists and fundraising) have been sent to you already, and also appear in the Toronto section
of today’s National Post.
Among the most important recommendations of Justice Bellamy was recommendation 113,
which would prevent lobbyists from fundraising, beyond making their own contributions.
Despite the lack of clear wording in Bill 53, I urge the City to deal with this measure anyway, in
three ways:
First, by including the prohibition in the lobbyists’ code of conduct.
Second, by including in the lobbyists’ registry details of contributions.
Third, by including in the councillors’ code of conduct a prohibition against a councillor
accepting representations from someone who has worked on the councillor’s campaign or
fundraised on the councillor’s behalf.
Thank you for your attention. I would now be pleased to answer any questions.