All ‘Oral Communication’ Between Lobbyists and Federal Officials Should be Disclosed, Watchdog Says

All ‘Oral Communication’ Between Lobbyists and Federal Officials Should be Disclosed, Watchdog Says
Commissioner of Lobbying Nancy Belanger in her office in Ottawa on June 12, 2018. Justin Tang/The Canadian Press
Peter Wilson
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Federal Lobbying Commissioner Nancy Bélanger is calling for tighter lobbying rules in Ottawa, saying that every instance of “oral communication” between lobbyists and MPs, ministers, or officials should be disclosed for transparency.

“We need to have every oral communication disclosed, irrespective of whether it’s arranged and irrespective of who arranged it,” Bélanger told the Globe and Mail in an article published on June 4.

The commissioner also said there is a “lot of lobbying occurring [in Ottawa] that we don’t know about” because not all lobbyists’ interactions with lawmakers are legally required to be disclosed.

Bélanger noted the federal government only requires that pre-scheduled meetings between officials and lobbyists be recorded in the federal Registry of Lobbyists—leaving unchecked casual or informal encounters at events or restaurants.

Bélanger added that this requirement should be updated to cover both registered and unregistered lobbying of the federal government so as to impose “transparency by default.”

Beyond requiring all interactions be disclosed, Bélanger also wants lobbyists to be legally required to give more details about what they discussed in meetings with senior civil servants, ministers, senators, MPs, or other federal officials.

The commissioner also previously said that a new federal code revising the Lobbyists’ Code of Conduct will aim to broadly restrict lobbying by public-office holders, which will include individuals who work as unpaid campaign volunteers.
The revisions, which will take effect in July, represent the first updates made to the Lobbyists’ Code of Conduct in eight years.

Loopholes

The new code will include a “sense of obligation” clause that will restrict lobbying by any public office holder deemed to be in a situation where the official they are lobbying for “could reasonably be seen to have a sense of obligation to you because of political work, paid or unpaid.”

The revised code will define “political work” in a broader sense to include a number of activities often carried out by campaign volunteers, such as “soliciting or gathering donations,” among other actions.

“The objective of this Code is to foster transparent and ethical lobbying of federal officials,” Bélanger wrote in a legal notice in May obtained by Blacklock’s Reporter.
The advocacy group Democracy Watch has raised concerns about both the incoming new rules and about ethics and lobbying loopholes that it believes will make foreign interference more likely to occur.

The group says the new rules will allow people to do important campaign work for a politician, then lobby them shortly afterward. Democracy Watch says the sense of obligation clause gives lobbyists an unfair advantage.

Duff Conacher, the group’s coordinator, also told a House of Commons committee in May that “loopholes in election donation and spending, lobbying, and ethics rules currently make secret foreign interference relatively easy.”
Noé Chartier contributed to this report.