Federal Commissioner of Lobbying Clarifies Rule Regarding Political Activities by Lobbyists
23 August 2010 | Lobbying
The Commissioner of Lobbying of Canada (the “Commissioner”) has clarified how Rule 8 of the Lobbyist Code of Conduct (Canada) (the “Code”) will be applied to the political activities of lobbyists. The clarification is available on the Commissioner's website here.
According to Rule 8 of the Code, “Lobbyists shall not place public office holders in a conflict of interest by proposing or undertaking any action that would constitute an improper influence on a public office holder.”
The Commissioner previously provided guidance on Rule 8 last November. This guidance stated that a lobbyist may be in breach of Rule 8 if the lobbyists’ actions create a real conflict of interest or the appearance of a conflict of interest for a public office holder. In addition, the Commissioner provided specific advice on the application of Rule 8 to the political activities of Lobbyists, advising lobbyists to ensure that their participation in political activities does not cause a tension between the public office holder's duty to serve or protect the public good and his or her private interest or obligation.
In response to requests from lobbyists for more clarity and specifics on how this guidance and advice would be applied, the Commissioner issued a further clarification and also gave examples of conduct that would not, would potentially, and would likely breach Rule 8.
The Commissioner has clarified that the risk of creating the appearance of a conflict of interest is proportionate to the degree to which a lobbyist's actions advance the private interest of a public office holder and the degree to which that lobbyist interacts with the public office holder or their department.
A lobbyist who interacts closely with a public office holder or their department when lobbying, and participates in political activities which advance the private interest of the public office holder to a low degree such as purchasing a ticket to a fundraising event or donating money to an election campaign, would not be in breach of Rule 8.
A lobbyist who interacts closely with a public office holder or their department when lobbying, and participates in political activities which advance the private interest of that public office holder to a higher degree than simply participating in a fundraiser, such as being a member of a public office holder's constituency association or participating in a campaign for the election of the public office holder in a limited capacity is at a greater risk of creating an appearance of a conflict of interest, and would increase the potential for a breach of Rule 8.
A lobbyist who interacts closely with a public office holder or their department when lobbying, and participates in political activities which advance the private interest of that public office holder to a high degree, such as being a member of the board of directors of a public office holder's constituency association, or organizing a fundraising activity for the benefit of the public office holder or their constituency association, or chairing a campaign for the election of the public office holder is likely in breach of Rule 8.
As always, the determination of what constitutes a conflict of interest depends on the facts in each case. If you have any questions regarding how the Code applies to the political activities of lobbyists, please contact me.