Federal Lobbying Act
Background
The new Federal Accountability Act (FAA) includes measures that significantly increase the reporting obligation for those consultants, companies, and organizations engaged in lobbying activity, with “lobbying” taking on the broadest possible definition.
Under the previous legislation, the Lobbyist Registration Act (LRA), universities fell into the category of “In-House Lobbyist (Organization),” which required institutions to register if the total of time spent lobbying by all employees would exceed 20% of one FTE. Once that threshold was passed, the institution was required to register under the name of the CEO. Registration included naming all employees engaged in any communication with any government official that was intended to influence. Furthermore, registration required identifying federal government departments with which the organization communicated, communication methods, the particulars of any bills or legislation being discussed, and any government funding received by the organization. All information had to be updated every six months.
At UVic, responsibility for filing monthly returns rests with the Office of Government Relations. For guidance or advice please contact the Associate Director, Community and Government Relations.
The new Lobbying Act came into effect on July 2, 2008 and it goes beyond legislating registration to actually regulating the activity of lobbying in Canada. New regulations require virtually everything the previous Act did, but also imposes new obligations on those engaged in any kind of lobbying activity.
As with the LRA (after 2005), the Act applies to communication “in respect of” a decision, not only to attempts to influence the decision. The threshold for commencing an investigation changes from the belief that a breach has occurred to the belief that an investigation is necessary to ensure compliance.
Current
As with the LRA (after 2005), the Act applies to communication “in respect of” a decision, not only attempts to influence the decision. The threshold for commencing an investigation changes from the belief that a breach has occurred to the belief that an investigation is necessary to ensure compliance.
The maximum fine for making a false or misleading statement in any return will be doubled under the new Act to $200,000 and/or two years in prison. Failure to file (which includes filing inaccurately or incompletely) will now also be assessed the same penalties. Both penalties would be imposed on the CEO, as the filer of the returns.
Lobbying Act summary
Designated Public Office Holders (DPOH)
- a minister of the Crown or a minister of state and any person employed in his or her office;
- any other public office holder who occupies the senior executive position, whether by the title of deputy minister or an assistant deputy min