Frequently Asked Questions: Federal Lobbying Act & Registry of Lobbyists
- Am I registered as a Lobbyist?
- Do I have to report every public office holder that I talk to?
- Do I have to register every time I communicate with a public office holder?
- What is meant by communication “made orally and arranged in advance”?
- Who is a Designated Public Office Holder (DPOH)?
- What specific information does the monthly return require?
- How do I submit my monthly return on my lobbying communications with a DPOH?
- How long do I need to maintain meeting information?
- Is the information we report ever verified?
- What are the penalties for failure to comply with the Act?
- Can you give me some examples of scenarios where I may or may not have to disclose communications?
Am I registered as a Lobbyist?
If you or a member of your faculty or staff has lobbied since the month of July 2008, is currently lobbying or intends to lobby during the year, please check that your name appears on the List of U of G Faculty and Staff Currently Registered under Federal Lobbyist Registry.
The University of Guelph Lobbyist Registration is also available online through the Office of the Registrar of Lobbyists website.
If your name or names of your faculty or staff are not listed, add a name to the list by filling out the Lobbyist Registration Template.
If you, your faculty or staff member no longer intend to lobby, or if a faculty or staff member is no longer employed at UBC, please fill in the same template to remove a name.
Do I have to report every public office holder that I talk to?
No. In monthly returns, the names of each "designated public office holder" with whom you have oral and arranged communication must be listed as well as the names of the departments or other government institutions must be listed. If you have a casual conversation with an MP or DM/ADM at an event, this may not necessarily need to be reported.
Do I have to register every time I communicate with a public office holder?
No. A registration may cover a series of separate communications with public office holders on the same issue or subject matter. A monthly return, however, must be filed within 15 days after the end of the month in which an oral and arranged communication occurs with a designated public office holder.
What is meant by communication “made orally and arranged in advance”?
This is reportable communication that the Office of the Registrar of Lobbying has described as “pre-arranged verbal communications between a lobbyist and a DPOH”. The meeting is not reportable if the lobbyist does not actually attend the meeting.
Who is a Designated Public Office Holder (DPOH)?
The Lobbying Act defines designated public office holder (DPOH) as including:
- a minister of the Crown or a minister of state and any person in his or her office
- go to the Parliament of Canada website for a list of current ministers and ministers of state
- a public office holder who:
- occupies the senior executive position, whether titled deputy minister, chief executive officer or by some other title; or
- is an associate deputy minister or an assistant deputy minister or occupies a position of comparable rank
- Chief of Defence Staff, Vice Chief of Defence Staff, Chief of Maritime Staff, Chief of Land Staff, Chief of Air Staff, Chief of Military Personnel, Judge Advocate General
- any position of Senior Advisor to the Privy Council to which the office holder is appointed by the Governor-in-Council
- Deputy Minister (Intergovernmental Affairs) Privy Council Office
- Comptroller General of Canada
- any position to which the office holder is appointed pursuant to para. 127.1(1)(a) or (b) of the Public Service Employment Act , namely: deputy minister, associate deputy minister and positions of equivalent ranks, in addition to deputy head, associate deputy head and positions of equivalent ranks
- any person identified by the Prime Minister as having had the task of providing advice and support to him or her during the transition period leading up to the swearing in of the Prime Minister and his or her ministry
- NEW (Sept 2010) - Members of Parliament
- NEW (Sept 2010) - Members of the Senate
- NEW (Sept 2010) - Any staff working in the offices of the Leader of the Opposition in the House of Commons or in the Senate, appointed pursuant to subsection 128(1) of the Public Service Employment Act.
If you are uncertain about whether an official is a DPOH, please ask him / her. It is important to note that at this time there is not central list/database of DPOH’s. If it is unclear from an individual’s title / place of work if they are a DPOH for the purposes of the Act, the onus is on the lobbyist to ask if the government official with whom they are meeting / speaking is a DPOH. If you are uncertain please contact the University Secretariat for clarification.
What specific information does the monthly return require?
A monthly return is required after every month in which lobbying took place. The monthly return is to report all lobbying of oral or previously arranged communications and must list:
- the date of the communication with a "Designated Public Office Holder'' (DPOH)
- the DPOH’s:
- first name and last name
- position title
- the branch or unit
- the government institution
- the subject matter(s) of the communication
How do I submit my monthly return on my lobbying communications with a DPOH?
Download and complete the Communications Reporting Template from this website. If you have any difficulties completing the form, please contact Genevieve Gundy in the University Secretariat at g.gundy@exec.uoguelph.ca or x.53438.
How long do I need to maintain meeting information?
The Lobbying Act does not specify that DPOHs or lobbyists must keep records of meetings; only that lobbyists file accurate reports and that DPOHs confirm the information provided by a lobbyist, when asked to do so by the Commissioner. However, it is expected that some means of keeping track of arranged meetings or telephone calls will be maintained by the Faculty or office of the lobbyist. In case of an audit it will be particularly important to have an adequate and accurate report available should the DPOH recall/record information about the meeting that is at odds with the Monthly Return. The records should be maintained for 10 years from the date of the meeting.
Is the information we report ever verified?
Under this new regime, the Commissioner may verify the content of monthly returns directly with the DPOH involved. DPOH’s will have 30 days to respond to a verification request and either confirm or correct the information submitted by the lobbyist. Should the Commissioner find the information submitted to be incorrect or incomplete, the matter will be pursued with the lobbyist.
What are the penalties for failure to comply with the Act?
The penalties are up to $50,000.00 or six months in jail on summary conviction or both; and up to $200,000.00 or two years in jail on indictment or both. The Act sets a 5-year limitation period for summary conviction from the date the Commissioner became aware of the offence and 10 years after the day the alleged offence occurred. Further, the Commissioner may prohibit a person convicted of an offence under the Act from lobbying for up to 2 years. Additionally if an employee of the University has been successful at arranging funding but is found to be an unregistered Lobbyist, that funding will be lost to the University.
Can you give me some examples of scenarios where I may or may not have to disclose communications?
Example #1: The University of Guelph is registered to lobby Health Canada on a specific policy issue. A VP calls the office of the Minister of Health and arranges for a meeting on the policy with the Minister’s Chief of Staff the following week. The VP and the Minister’s Chief of Staff had met at a sporting event months ago. The meeting between the VP and the Minister’s Chief of Staff takes place as scheduled.
Outcome:
- A return containing details about the meeting with the Chief of Staff must be filed no later than the 15th day of the month following the meeting
Example #2: The University of Guelph is registered to lobby Environment Canada with respect to proposed legislation that is of interest to a faculty. The Chair of the department, who is having lunch at a restaurant, notices an Assistant Deputy Minister from Environment Canada in the coat check. The Chair introduces himself, briefly states his faculty member's interest in the proposed legislation, and arranges to meet the ADM over lunch the following week at the same restaurant. The lunch meeting takes place as scheduled. They discuss the proposed legislation as well as a journal article that a faculty member plans to publish on the topic.
Outcome:
- No monthly return would be required with respect to the meeting in the coat check.
- A return containing certain details about the meeting must be filed no later than the 15th day of the month following the arranged lunch meeting.
Example #3: The University of Guelph is registered to lobby several departments with respect to changes in tax policy and legislation. An Assistant Deputy Minister at the Department of Finance contacts a faculty member to obtain her views on a proposed tax measure. The faculty member notifies her Chair who is also interested in the tax area. The meeting takes place and is attended by the Dean of the College, who is listed as a lobbyist in The University of Guelph's registration.
• No return regarding communication with a DPOH would be required for this meeting.