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


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Message from the Commissioner of Lobbying

Karen E. Shepherd

I am pleased to present the 2011-12 Report on Plans and Priorities for the Office of the Commissioner of Lobbying. My primary responsibilities are to provide 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. As such, my Office strives to make the system easier to use and more dependable, both for lobbyists to report on their activities and for Canadians to search for this information.

In 2011-12, I intend to continue to reach out to key stakeholder groups, both in the National Capital Region and across the country, to ensure that lobbyists, their clients and public office holders are fully informed of the requirements of the Lobbying Act. It is my belief that the more people know about the Lobbying Act and the Lobbyists' Code of Conduct, the more likely lobbyists are to comply with the requirements set out in the Act and the Code.

I will continue to deal with alleged breaches of the Lobbying Act and the Lobbyists' Code of Conduct in a serious manner. Since becoming Commissioner of Lobbying, I have referred six files to the Royal Canadian Mounted Police. My Office's new Case Management System will help streamline and monitor the investigation process. The objective is to close as many files as we open, in order to keep pace with a growing caseload.

The Office of the Commissioner of Lobbying remains committed to fulfilling Parliament's goal of increased transparency and accountability in the lobbying of public office holders. To that end, I intend to support parliamentarians who will be responsible for reviewing the Act in 2011.

Karen E. Shepherd
Commissioner of Lobbying



Section I — Departmental Overview

Raison d'être

The mandate of the Office of the Commissioner of Lobbying is derived from the Lobbying Act (the Act). The Commissioner of Lobbying is an Agent of Parliament and is responsible for the administration of the Lobbying Act. The Act provides for the establishment of a Registry of Lobbyists that seeks to improve transparency and accountability regarding communications by lobbyists with public office holders. This 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 Act). The authority of the Commissioner, who is an independent Agent of Parliament, derives from the Act.

The Office of the Commissioner of Lobbying (OCL) is responsible for the implementation and the administration of the Act. The Act provides for the establishment of a Registry of Lobbyists that seeks to improve transparency and accountability regarding communications by lobbyists with public office holders. This contributes to increasing the public's confidence in the integrity of government decision-making.

The OCL has three primary activities. They are: to 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; to develop and implement educational programs to foster public awareness of the requirements of the Act; and to ensure compliance with the Act and the Lobbyists' Code of Conduct (the Code).

Under the Act, the Commissioner of Lobbying 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 and is required to table reports on completed investigations.

Strategic Outcome

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.

Program Activity Architecture

The Program Activity Architecture (PAA) for the OCL is its basis for reporting to Parliament. The PAA describes the relationship between the activities the OCL undertakes and the strategic outcome it is working to achieve, in order to produce results for Canadians. In addition, the PAA also provides the framework that links the expected results and the performance measures to individual program activities. The PAA clarifies why the OCL does the work it does and provides a framework to measure the results achieved. Finally, the PAA also serves as a framework to link the financial resources to each program activity, indicating how the OCL manages the resources under its control to achieve its intended outcomes.

Program Activity Architecture

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Planning Summary

The table below provides a summary of the total planned spending for the OCL for the next three fiscal years.


Financial Resources ($ thousands)
2011-12 2012-13 2013-14
4,637 4,637 4,637

The table below provides a summary of the total planned human resources for the OCL for the next three fiscal years.


Human Resources (FTEs)
2011–12 2012–13 2013–14
28 28 28

Planning Summary Table


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
The level of compliance with the Lobbying Act and the Lobbyists' Code of Conduct. 100%
Program Activity1 Forecast Spending
2010–11
($ thousands)
Planned Spending
($ thousands)
Alignment to Government of Canada Outcomes
2011–12 2012–13 2013–14
Registration of Lobbyists 1,121 1,072 1,072 1,072 An accountable, transparent, and responsive government
Education and Research 909 916 916 916 An accountable, transparent, and responsive government
Reviews and Investigations under the Lobbying Act and Lobbyists' Code of Conduct 1,092 1,137 1,137 1,137 An accountable, transparent, and responsive government
Internal Services 1,505 1,512 1,512 1,512  
Total Planned Spending 4,637 4,637 4,637  

Contribution of Priorities to Program Activities and Strategic Outcome


Operational Priorities Type Links to Program Activity Description
Maintain the Lobbyists Registration System Ongoing Registration of Lobbyists The Lobbyists Registration System (LRS) is an Internet-based software application used by lobbyists to report lobbying activity. It is also used by lobbyists, public office holders and the public to do a wide range of searches related to lobbying of the federal government. The OCL uses a combination of frontline assistance, user training and system improvements to ensure that the LRS and the registration process remain as effective and efficient as possible.
Raise awareness of the requirements of the Lobbying Act and the Lobbyists' Code of Conduct Ongoing Education and Research The OCL promotes awareness of the Lobbying Act to public office holders, designated public office holders and individuals who may be required to register their activities in order to be in compliance with the Lobbying Act. The OCL relies on a comprehensive education and awareness strategy to reach a broad range of stakeholders. Maximum use is made of partnerships and information technology in order to leverage the OCL's outreach capacity.
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 The OCL monitors media and other sources of information for indications of illegal or unethical lobbying activity. Outcomes of administrative reviews and investigations are made public in accordance with the Lobbying Act, the Privacy Act and other relevant legislation.

Management Priorities Type Links to Strategic Outcome Description
Internal Management Ongoing SO The OCL continuously strengthens its management capacity by improving its reporting instruments, such as the Performance Measurement Framework, Corporate Risk Profile, Integrated Business and Human Resources Plan, and Information Management/Information Technology Strategic Plan.
Human Resources Renewal Ongoing SO The OCL continues to increase its organizational learning capacity and improve its adaptation to change, notably changing demographics. This includes efforts to ensure that its workforce continues to reflect the diversity of the Canadian population.

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). 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 very complex system which continually requires monitoring, maintenance and improvements to ensure it remains accessible to users and the information it contains is accurate.

OCL strives to ensure that the LRS is continually accessible to registrants so that the goal of transparency of lobbying activities can be achieved. Therefore, the OCL minimizes registration delays by preventing system interruptions. To this end, the Registry has a number of built-in failsafe mechanisms. In the unlikely event that the Registry does shut down, either intentionally or otherwise, the OCL has processes and systems in place to limit the amount of downtime to a minimum.

The Act requires that registrants 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 registrants directly inputting the data. As a result, reporting errors may occur. The OCL continues to educate lobbyists and designated public office holders regularly on how to reduce reporting errors. The OCL monitors the overall accuracy of monthly communication reports through regular sampling. It also developed a system functionality that allows external users to amend incorrect monthly communication reports without the need for OCL involvement, thus freeing up resources for other priorities.

The OCL conducts administrative reviews and investigations to ensure compliance with the Act and the Code. 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. It is possible that judicial review decisions could affect the Commissioner's ability to complete investigations in a timely manner. The OCL conducts reviews and investigations that are fair, thorough and well-documented, and that will stand the test of litigation, if required.

The OCL is a small department that relies on other federal organizations for most of its corporate services, including information technology, human resources and financial services. Service agreements with providers are carefully monitored to ensure that all practices and services are consistent with OCL requirements, standards, and internal controls. With respect to departmental management generally, the Departmental Audit and Evaluation Committee (DAEC) also supports the Commissioner in her role of Deputy Head of a federal organization. DAEC is an independent advisory committee that provides objective advice and recommendations regarding the department's risk management, control and governance frameworks and processes. The Committee also exercises oversight of core areas of departmental management, control and accountability, including reporting.

Expenditure Profile

Over the next three fiscal years, the OCL plans to spend $4.6 million annually to deliver its mandate and meet the expected results of its program activities and contribute to its strategic outcome.

The figure below illustrates the spending trend for the OCL from 2007-08 to 2013-14.

Expenditure Profile - Spending Trend Graph

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Actual spending corresponds to total expenditures as published in the Public Accounts of Canada. The forecast spending reflects the expected expenditures for 2010–11. Finally, the planned spending from 2011–12 to 2013–14 reflects the resources approved through Main Estimates.

Estimates by Vote

For information on our vote and statutory expenditures, please see the 2011–12 Main Estimates publication. An electronic version of the Main Estimates is available on the http://www.tbs-sct.gc.ca/est-pre/20112012/me-bpd/toctdm-eng.asp.