{"id":28314,"date":"2019-05-02T12:26:05","date_gmt":"2019-05-02T16:26:05","guid":{"rendered":"https:\/\/www.cccc.org\/news_blogs\/?p=28314"},"modified":"2020-04-06T13:03:02","modified_gmt":"2020-04-06T17:03:02","slug":"updated-lobbying-guidance","status":"publish","type":"post","link":"https:\/\/cccc.org\/news_blogs\/legal\/2019\/05\/02\/updated-lobbying-guidance\/","title":{"rendered":"Updated Lobbying Guidance"},"content":{"rendered":"\n

The Office of the Commissioner of Lobbying of Canada<\/a> recently released updated guidance on how to mitigate conflicts of interest regarding preferential access<\/a>, political activities<\/a> and gifts<\/a>. <\/p>\n\n\n\n

Rules 7 and 8 of the\nCode relate to preferential access and prohibit lobbyists from activities that\nwould create a sense of obligation for a public office holder because of the\nrelationship they share. If the relationship can reasonably be seen to provide\npreferential access to the lobbyist, it could be a perceived conflict of\ninterest to lobby or arrange meetings. In that case the lobbyist should not\nlobby or arrange meetings. <\/p>\n\n\n\n

Where the relationship between lobbyist and public office\nholder involves \u201cfamily, close friends, business partnerships, or other\npersonal or professional bonds\u201d they are seen to have a \u201chigh risk\u201d of creating\npreferential access and must be treated with an abundance of caution.<\/p>\n\n\n\n

Rule 9 relates to political activities and imposes\ntime-limited prohibitions on lobbying where the lobbyist has engaged in\npolitical activities on behalf of a person who becomes a public office holder. <\/p>\n\n\n\n

The guidance distinguishes between high- and low-risk\npolitical activities. Examples of high-risk\npolitical activity<\/strong> include serving as a campaign chair or other strategic\ncampaign role, being in a named position for a registered Canadian political\nparty, organizing political fundraisers, working in a party\u2019s \u201cwar room\u201d,\npreparing candidates for debates, etc. Where there are strategic activities or\nthere is significant interaction with candidates, this results in a high risk\nfor creating a sense of obligation and there should be no lobbying for a period\nequivalent to a full election cycle.<\/p>\n\n\n\n

Examples of low-risk\npolitical activity<\/strong> include volunteering, canvassing or scrutineering for a\nregistered party or riding association without significant interaction with\ncandidates, attending fundraising events or expressing personal political views\nin a strictly individual capacity. Occasional involvement in these lower risk\nactivities does not restrict lobbying; however, the Guidance issues a word of\nwarning where there is frequent involvement or multiple activities. If the\nactivity is frequent, it increases the risk of creating a sense of obligation\nand caution should be exercised before lobbying the public office holder or\nstaff. <\/p>\n\n\n\n

Examples of no-risk\npolitical activity<\/strong> include displaying campaign signs or posters or making\npersonal donations as permitted by the Canada\nElections Act<\/em>. <\/p>\n\n\n\n

Rule 10 prohibits giving gifts to public office holders\nunless an exception applies. A gift is anything of value given for free or at a\nreduced rate. The Guidance recognizes that gifts given \u201cas a normal expression\nof courtesy or within the customary standards that normally accompany the\npublic office holder\u2019s position\u201d won\u2019t create a sense of obligation. What are\nthose gifts? The Guidance identifies the following as exceptions:<\/p>\n\n\n\n