ARCHIVED - Office of the Commissioner of Lobbying of Canada - Report

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Message from the Commissioner of Lobbying

I am pleased to present the 2010-2011 Departmental Performance Report for the Office of the Commissioner of Lobbying. As the Commissioner of Lobbying, my primary responsibilities are to administer a public registry for lobbyists to disclose their activities and to ensure compliance with the Lobbying Act and the Lobbyists' Code of Conduct. My mandate also requires me to implement an education program to raise awareness of the legislation and its requirements among lobbyists, their clients and public office holders.

The Lobbying Act is based on the premise that lobbying is legitimate and must be conducted in a transparent manner. The Registry of Lobbyists continues to be the primary instrument for the public disclosure of lobbying activities at the federal level. As such, my Office continually strives to make the system easier to use and more dependable, both for lobbyists to report on their activities and for Canadians who wish to consult this information. The sooner information regarding lobbying activities is disclosed publicly through the Registry, the better transparency is served. I am pleased to report that, in 2010-2011, processing times for registrations were greatly reduced.

I believe awareness of the Lobbying Act's requirements leads to greater compliance. I am proud that my staff and I met with nearly 1,500 individuals to explain the requirements of the Lobbying Act, including lobbyists, public office holders, parliamentarians and their staff, my counterparts, academics and university students. In addition, I appeared four times before the House of Commons Standing Committee on Access to Information, Privacy and Ethics and once before the House of Commons Standing Committee on Procedure and House Affairs, in order to provide members of these committees with information about the Lobbying Act and my Office's work.

Regarding the enforcement of the Lobbying Act, I have achieved several important results. This year, I tabled my first three Reports on Investigation in both Houses of Parliament. Through these Reports, I informed parliamentarians that three lobbyists had breached the Lobbyists' Code of Conduct. Two of the Reports dealt with lobbyists who engaged in political activities that, in my view, advanced the private interest of a public office holder with whom the lobbyists interacted during the course of their lobbying activities. I believe that by exposing wrongdoing, my Reports to Parliament both deter the individual from repeating the offence and provide all lobbyists with an incentive to comply with the Lobbying Act and the Lobbyists' Code of Conduct.

This year also marked the beginning of the statutory review of the Lobbying Act. At my March 2011 appearance before the Standing Committee on Access to Information, Privacy and Ethics, I indicated that, while several aspects of the legislation are working well, I had recommendations for consideration during the review. In particular, I recommended that amendments to the Lobbying Act could be made to disclose more lobbying activities, for example by removing the "significant part of duties" registration threshold from the Act. I also recommended that Parliament consider providing me with additional instruments to enable me to better enforce the legislation, such as a system of administrative monetary penalties. I look forward to continuing to assist Parliament during its review of the legislation.

Section I — Organizational Overview

Raison d'être

The Office of the Commissioner of Lobbying (OCL) supports the Commissioner of Lobbying, an Agent of Parliament responsible for the administration of the Lobbying Act (the Act). The Act provides for the establishment of a Registry of Lobbyists that seeks to improve transparency and accountability by requiring the disclosure of communications between lobbyists and federal public office holders. Greater disclosure of lobbying activities contributes to increasing the confidence of Canadians in the integrity of government decision-making.

Responsibilities

The Commissioner of Lobbying is responsible for the administration of the Lobbying Act. The authority of the Commissioner is derived from the Act.

The mandate of the Commissioner is threefold:

1. Establish and maintain the Registry of Lobbyists, which contains and makes public the registration information disclosed by lobbyists, as well as their monthly returns regarding communications with designated public office holders;
2. Develop and implement educational programs to foster public awareness of the requirements of the Act; and
3. Undertake administrative reviews and investigations to ensure compliance with the Act and the Lobbyists' Code of Conduct (the Code).

Under the Act, the Commissioner of Lobbying also has the authority to grant exemptions to former designated public office holders who are subject to a five-year prohibition on lobbying activities.

The Commissioner reports annually to Parliament on the administration of the Act and the Code. The Commissioner is also required to table Reports on Investigations, which include her findings, conclusions and the reasons for her conclusions, to Parliament.

Strategic Outcome and Program Activity Architecture

In order to effectively pursue its mandate, the OCL aims to achieve the following strategic outcome:

Transparency and accountability in the lobbying of public office holders contribute to confidence in the integrity of government decision-making.

The Program Activity Architecture (PAA) for the OCL is its basis for reporting to Parliament. The PAA reflects how the OCL allocates and manages the resources under its control to achieve its intended outcome.

Text description of this graph is available on a separate page.

Organizational Priorities

Performance/Priority Status Legend

Priority	Type1	Program Activity
Maintain the Lobbyists Registration System	Ongoing	Registration of Lobbyists
Status: Met all.
The Lobbyists Registration System (LRS) is publicly available on the Internet at no cost, providing Canadians with access to information related to lobbying of the federal government. In 2010-2011, the Office of the Commissioner of Lobbying (OCL) further focused on enhancing its maintenance program for the LRS. In addition to addressing ongoing operational issues, particular attention was given to improving data quality assurance and delivering new system functionalities. It is through the LRS that information on lobbying of federal public office holders is made public. Improving the integrity of the data in the LRS, strengthening the quality assurance program and addressing operational issues as they arise serve to increase transparency and strengthen confidence in the information disclosed through the Registry. Improvements: Enhancements to the search functionality and reporting capabilities of the LRS will provide greater access to and a better understanding of the information contained in the Registry. The OCL recognizes the importance of making data in the Registry available to Canadians in ways that meet their information needs. In 2011-2012, the OCL will administer a client satisfaction survey to measure if those searching the Registry are able to find the information they seek.

Priority	Type	Program Activity
Promote awareness of the requirements of the Lobbying Act and the Lobbyists' Code of Conduct	Ongoing	Education and Research
Status: Met all.
In 2010-2011, the OCL focused its education and outreach activities on lobbyists, public office holders (both in and outside the National Capital Region), academics and students. Through meetings and presentations, nearly 1,500 individuals received information about the Lobbying Act. In September 2010, Members of Parliament and Senators became 'designated public office holders' (DPOHs) under the Lobbying Act. In addition to providing them with a range of information, the Commissioner met with many Members of Parliament to further explain the amendments to the Designated Public Office Holder Regulations and to answer questions. The OCL website and online tools were upgraded and were used to raise awareness of the Lobbying Act and the Lobbyists' Code of Conduct. Work has begun to revitalize our website with a view to improving the site's quality of information and navigation for users. Improvements: The launch of the survey of outreach tools was delayed due to the May 2011 general election. It will be conducted in 2011-2012. The OCL's new website will be launched in 2011-2012. Improved navigability on the site will ensure easier access to the full range of information and tools available to clients and other users.

Priority	Type	Program Activity
Pursue enforcement of the Lobbying Act and the Lobbyists' Code of Conduct and communicate the results	Ongoing	Reviews and Investigations under the Lobbying Act and the Lobbyists' Code of Conduct
Status: Met all.
The OCL monitored media and other publicly available information, verified the accuracy and completeness of communication reports submitted by registrants, conducted administrative reviews of all suspected or alleged non-compliance, provided reports of findings and recommended suitable means of ensuring compliance to the Commissioner. The OCL conducted investigations and prepared reports of findings about individuals deemed to have committed a breach of the Lobbyists' Code of Conduct. The OCL conducted reviews of applications for exemption from the five-year post-employment prohibition on lobbying for former designated public office holders. Results of monitoring and compliance activities were communicated in various ways including: advisory letters to corporations and organizations who may be engaged in registrable activity, but are not registered; correspondence to complainants and respondents at the conclusion of administrative reviews; correspondence with the subjects of an investigation when giving them an opportunity to present their views; Reports on Investigation tabled in Parliament by the Commissioner; and testimony provided by the Commissioner before Parliamentary Committees. Improvements: An internal review of all existing review and investigation files was initiated in March 2011 and will be concluded in 2011-2012. All files transferred from the former Office of the Registrar of Lobbyists to the Office of the Commissioner of Lobbying will also be subject to review. The review will cover information such as: date opened; date closed; allegation; outcome; and compliance measure taken. It will ensure that the data captured and reported with the case management system is consistent, accurate and complete.

Risk Analysis

The Office of the Commissioner of Lobbying (OCL) has established and maintains the federal registry of lobbyists and lobbying activities known as the Lobbyists Registration System (LRS). A risk exists that the information in the LRS is not accurate or timely. The OCL shares the challenges of any Office charged with maintaining a large-scale registry in terms of accuracy and timeliness of disclosure while ensuring registrant compliance and system integrity. The LRS is a complex system which requires ongoing monitoring, maintenance, documented procedures and improvements to ensure it remains accessible to users and that the information it contains is accurate.

There is a risk that the LRS may not be continuously accessible to registrants. This would reduce transparency of lobbying activities. To mitigate this risk, the OCL strives to minimize registration delays both by putting in place appropriate registration procedures and by preventing system interruptions. A number of failsafe mechanisms have also been built into the system. In the event that the Registry does shut down, these mechanisms will serve to minimize downtime.

There is a risk of errors in data reporting by lobbyists. The Lobbying Act (Act) requires that lobbyists disclose certain communications involving designated public office holders, e.g. ministers, ministerial staff, deputy ministers, Members of Parliament and Senators. This reporting requirement is satisfied online by lobbyists directly inputting the data. As a result, reporting errors may occur. The OCL continually educates lobbyists on how to reduce reporting errors. The OCL also monitors the overall accuracy of monthly communication reports through regular sampling.

There is a risk that the Commissioner's decisions may be overturned by the Federal Court. The OCL conducts administrative reviews and investigations to ensure compliance with the Act and the Lobbyists' Code of Conduct. It also reviews applications for exemption from the five-year lobbying prohibition for former designated public office holders. The Commissioner's decisions with respect to administrative reviews, investigations and applications for exemption may be subject to judicial review by the Federal Court. The OCL conducts reviews and investigations that are fair, thorough and well-documented, and that will stand the test of litigation, if required.

There is a risk that our service providers may fail to meet the needs of the OCL. The OCL is a small organization that relies on other federal government institutions for many of its corporate services, including information technology, human resources and financial services. Agreements with service providers are carefully monitored to ensure that all practices and services are consistent with OCL requirements, standards, and internal controls.

An additional measure that has been taken by the Commissioner to identify and manage risks faced by the Office is the establishment of the Audit and Evaluation Committee (AEC). The AEC supports the Commissioner in her role of Deputy Head of a federal institution. The AEC is an independent advisory committee that provides objective advice and recommendations to the Commissioner regarding the organization's corporate management and accountability. The Committee advises on audits and evaluations, risk management, control and governance frameworks and processes.

Summary of Performance

2010-2011 Financial Resources ($ thousands)

Planned Spending	Total Authorities	Actual Spending
4,625	4,815	4,686

2010-2011 Human Resources (Full-time Equivalents — FTEs)

Planned	Actual	Difference
28	27	(1)

Strategic Outcome: Transparency and accountability in the lobbying of public office holders contribute to confidence in the integrity of government decision-making.

Performance Indicator	Target	2010-2011 Performance
The level of compliance with the Lobbying Act and the Lobbyists' Code of Conduct.	100%	Through interactions with stakeholders (lobbyists, public office holders, and the public), a deeper understanding and a greater awareness of the requirements of the Lobbying Act was observed. This, in turn, results in a high level of compliance with the Lobbying Act and the Lobbyists' Code of Conduct.

Program Activity2	2009-2010 Actual Spending ($ thousands)	2010-2011 ($ thousands)				Alignment to Government of Canada Outcomes
		Main Estimates	Planned Spending	Total Authorities	Actual Spending
Registration of Lobbyists	1,256	1,530	1,530	1,099	1,082	An accountable, transparent, and responsive government
Education and Research	943	891	891	944	927	An accountable, transparent, and responsive government
Reviews and Investigations under the Lobbying Act and Lobbyists' Code of Conduct	886	1,243	1,243	999	946	An accountable, transparent, and responsive government
Total	3,085	3,664	3,664	3,042	2,955

Program Activity	2009-2010 Actual Spending ($ thousands)	2010-2011 ($ thousands)
		Main Estimates	Planned Spending	Total Authorities	Actual Spending
Internal Services	1,094	961	961	1,773	1,731

Expenditure Profile

Text description of this graph is available on a separate page.

Over the last three fiscal years, the OCL reference levels have only been adjusted for compensation due to signed collective agreements and related adjustments to employee benefits plan. Therefore, these adjustments explain fully the variances between Main Estimates to Main Estimates, as well as Main Estimates to Planned Spending.

The variances between Main Estimates and Total Authorities are explained by compensation received from Treasury Board central votes to cover the costs of newly signed collective agreements, parental leave expenditures, as well as the receipt of the operating carry forward.

The increase in 2010-2011 in actual spending in comparison to 2009-2010 is mainly related to salary increases as well as costs for the provision of internal services received from other government departments and agencies.

Estimates by Vote

For information on our organizational Vote and/or statutory expenditures, please see the 2010–2011 Public Accounts of Canada (Volume II) publication. An electronic version of the Public Accounts is available on the Public Works and Government Services Canada website.³

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