Interpretation Bulletin - DISCLOSURE OF PREVIOUS PUBLIC OFFICES

This interpretation bulletin is issued by the Registrar under the authority of subsection 10.(1) of the Lobbyists Registration Act (hereafter "the Act"). It provides guidance to help users of the lobbyist registration system better understand the intent behind and necessary disclosures relating to amendments to the Act that added a requirement for lobbyists who register to disclose the nature of their past public sector work. This is found in paragraph 5.(2)(h.1) of the amended Act for consultant lobbyists and in paragraph 7.(3)(h.3) for in-house lobbyists employed by corporations or organizations. These legislative amendments to the Lobbyists Registration Act came into force on June 20, 2005 (S.C. 2003, c.10).

Background and Legislative Context

A Parliamentary Committee reviewed the Lobbyists Registration Act legislation in the development of these legislative amendments and added a provision for disclosure of previous public offices held. The underlying intent of this amendment was to require the disclosure of information necessary in understanding the relationship between what a former public office holder did in his or her previous capacity, and what that individual now brings to a particular approach in communicating with current public office holders.

The Act defines a “public office holder” as any officer or employee of the federal government including members of the Senate or House of Commons and members of their staff, Governor in Council appointees, Ministers, officers, directors or employees of any federal board, commission or tribunal, members of the Canadian Armed Forces and members of the Royal Canadian Mounted Police.

Considerations

While the job level that a former public office is held relevant, so too is the nature of the work, knowledge obtained, the contacts established, and the relationships developed. The fact that an individual occupied a technical position in the public service for a short period would not be definitive in determining the need for disclosure. If that employment were in an area such as nuclear safety, then technical knowledge gained through such work might have ongoing relevance. Similarly, an individual might have held a senior Cabinet, political staffer or public service position more than 20 years ago, but will still command attention when calling on officials today.

Parliament’s underlying intent for this provision was to ensure that the Act promoted transparency by requiring lobbyists to disclose all previous public offices held. Thus, it would be important to know when and where a former public office holder worked, whether in a political office, by appointment or within the public service. At the same
time, information requirements regarding the nature and location of previous public sector employment need not be intrusive. Administrative simplicity will be achieved by keeping the disclosure requirements in a simple format.

Registration Requirements

If a consultant lobbyist or any employee named in a return was at any time during their career a public office holder as defined above, disclosure of all such positions, in the manner and format described below, is required. This includes employment for a short duration, such as student employment, co-operative education and summer positions with the federal government.

Information should be provided in the following format: the period of employment; the unit/organization where the work was performed; and the title of the position. A “unit” means any organizational structure, such as the department, division, directorate, branch or office.

The following are some examples of acceptable disclosures:

• September 1978 to May 1983
  Department of Finance Canada
  Policy Analyst, Tax Policy Division
  
  
• 1993 - 2003
  Department of Industry Canada
  1) Senior Commerce Officer, Energy and Marine Branch, Industry Sector; and
  2) Director of Operations, Aerospace and Automotive Branch, Industry Sector
  
  
• Summer of 1985
  Office of the Minister of Finance
  Summer student
  
  
• January 1995- January 1997
  Canadian Radio-television and Telecommunications Commission (CRTC)
  President
  
  
• 2002-2004
  Minister of Fisheries and Oceans,
  and Member of Parliament for Ottawa South
  
  
• 1985-1990
  Conservative Party
  Member of Parliament for Peace River

For further information, please contact:

Office of the Registrar of Lobbyists
Industry Canada
255 Albert Street
10^th Floor
Ottawa, Ontario K1P 5G8

Tel.: (613) 957-2760
Fax: (613) 957-3078

Email: lobbyists.reg@ic.gc.ca

Michael Nelson
Registrar of Lobbyists
June 2005