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ARCHIVED - Office of the Commissioner of Lobbying of Canada
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Section II – Analysis of Program Activities by Strategic Outcome
Strategic Outcome
Transparency and accountability in the lobbying of public office holders contribute to confidence in the integrity of government decision-making.
Registration of Lobbyists
| 2008-09 Financial Resources ($ thousands) |
2008-09 Human Resources (FTEs) |
||||
|---|---|---|---|---|---|
| Planned Spending |
Total Authorities |
Actual Spending |
Planned | Actual | Difference |
| 1,900 | 2,251 | 2,064 | 10 | 10 | - |
| Expected Results |
Performance Indicators |
Targets | Performance Status |
Performance Summary |
|---|---|---|---|---|
| All lobbying activity is carried out by individuals, organizations and corporations that are properly registered in the Lobbyists Registration System. | Number of active registrations processed in the Lobbyists Registration System. | 100% | Successfully met | The OCL analyzed and approved lobbyists' registrations and made them available for reference in an electronic registry publicly accessible on the Internet. The new registration requirements, i.e., monthly reporting, generated a significant increase in registration activity. |
| Canadians have access to information about lobbying and lobbyists. | Online availability of the Registry of Lobbyists | 95%-98% | Successfully met | The on-line availability of the Registry remained high throughout the reporting period. |
Benefits for Canadians
The registration of lobbyists contributed to the increased transparency of federal lobbying activities and this increased transparency helped bolster the confidence of Canadians in their federal institutions.
Performance Analysis
OCL deployed an online registration system that accommodates the new lobbyist registration requirements. The system permitted lobbyists to register their lobbying activities and perform amendments, renewals and terminations. Public office holders and members of the public could search the registry, thus increasing transparency. The OCL adapted and enhanced the registry for more efficiency and effectiveness.
The OCL implemented functions that help representatives better manage multiple lobbyists and lobbying activities. The registry has an improved search functionality that simplifies and enhances a user's experience and supports investigation activities.
The registry improvements were completed as planned, except for the final delivery date which had to be changed to accommodate the delays brought about by the coming into force of the Lobbying Act. Although there were costs associated with these delays, they had been anticipated within the project contingency margin.
In 2008-09, the number of active registrations processed increased from 7,500 to 11,220. This was largely due to the changes brought to the registration process by the Lobbying Act, i.e., monthly reporting, and, consequently, to the Lobbyists Registration System. Prior to the Lobbying Act all processed active registrations were tracked but, with the addition of monthly reporting, tracking necessitated including the monthly reporting activity into a combined total. At this point, it is difficult to forecast whether this level of activity will stabilize or continue to increase and what percentages will be attributable to active registration versus monthly reporting. We plan to establish and refine registration indicators that will give us clearer registration numbers for both active registration and monthly reports.
Lessons Learned
The registration changes brought about by the Lobbying Act have put additional demands on registrants to comply with the new disclosure requirements, as well as pressure on OCL staff to provide timely advice and processing of registrations. We expect that, as registrants become increasingly familiar with the reporting requirements of the Act, difficulties in filing initial returns and the number of incorrect monthly reports should diminish. In order to improve the amendment of incorrect monthly reports in the future, the OCL began the development of a new Registry function that will permit registrants to modify incorrect monthly communications reports themselves. This new functionality should be operational in the first half of fiscal year 2009-10.
Strategic Outcome
Transparency and accountability in the lobbying of public office holders contribute to confidence in the integrity of government decision-making.
Education and Research
| 2008-09 Financial Resources ($ thousands) |
2008-09 Human Resources (FTEs) |
||||
|---|---|---|---|---|---|
| Planned Spending |
Total Authorities |
Actual Spending |
Planned | Actual | Difference |
| 987 | 1,214 | 1,126 | 6 | 5 | (1) |
| Expected Results |
Performance Indicators |
Targets | Performance Status |
Performance Summary |
|---|---|---|---|---|
| Lobbyists, their clients, public office holders and the public are aware of the scope and requirements of the Lobbying Act. | Survey conducted in the third quarter of every year. | 80% say that their awareness has increased | Successfully met | The OCL developed an educational and outreach strategy to ensure that lobbyists, their clients, public office holders, and the public better understand the registration requirements of the Lobbying Act (Act). |
| Number of presentations. | 30 outreach activities | Successfully met | There were 39 OCL outreach activities in 2008-09 which included presentations to conferences, professional lobbying groups, government workshops, international, provincial and municipal government groups. | |
| Number of advisory letters that result in a response. | 50% | Successfully met | Twenty advisory letters were issued with six resulting in new registrations. The remaining 14 letter recipients determined that there was no need to register. |
Benefits for Canadians
Education and Research contributed to increased awareness of the requirements of the Lobbying Act and the Lobbyists' Code of Conduct. It is expected that this increased awareness will translate into enhanced accountability and transparency in the lobbying of public office holders and, subsequently, the confidence of Canadians in their federal institutions.
Performance Analysis
The OCL developed a comprehensive education and outreach strategy that set the framework for the OCL's outreach efforts. This strategy will unfold progressively over the coming fiscal year. It comprises new information technology tools; direct communications with lobbyists, media, public office holders and the public; advisory letters to lobbyists who may have conducted lobbying activities for which they should have registered but did not; information sessions; media relations; conferences; learning events; briefings for government institutions; and continued dialogue with other jurisdictions and stakeholders.
Lessons Learned
The OCL successfully implemented the first step of its education and outreach strategy by developing and distributing targeted communications and information products. In subsequent fiscal years, the OCL will further implement its education and outreach strategy by working with various parties in addressing their specific issues and needs. It is OCL's belief that greater compliance will be achieved through enhanced educational material and activities.
Strategic Outcome
Transparency and accountability in the lobbying of public office holders contribute to confidence in the integrity of government decision-making.
Reviews and Investigations under the Lobbying Act and the Lobbyists' Code of Conduct
| 2008-09 Financial Resources ($ thousands) |
2008-09 Human Resources (FTEs) |
||||
|---|---|---|---|---|---|
| Planned Spending |
Total Authorities |
Actual Spending |
Planned | Actual | Difference |
| 1,626 | 1,429 | 1,276 | 12 | 10 | (2) |
| Expected Results |
Performance Indicators |
Targets | Performance Status |
Performance Summary |
|---|---|---|---|---|
| Alleged breaches of the Lobbying Act and the Lobbyists' Code of Conduct are determined to be either unfounded or true so that they may be subjected to the appropriate sanctions. | Number of alleged breaches of the Lobbying Act and the Lobbyists' Code of Conduct which result in decisions. | 100% | Successfully met | The OCL verified that registrable activities by lobbyists were properly reported, monitored lobbying activity through the media, confirmed information contained in monthly communication returns, reviewed applications for exemption from the five-year prohibition on lobbying, and investigated allegations of non-compliance with the Lobbying Act or the Lobbyists' Code of Conduct. |
Benefits for Canadians
Reviews and Investigations contributed to public confidence in decisions made by federal institutions by ensuring that lobbying activity was conducted in accordance with the requirements of the Act, and that lobbyists adhered to the principles and rules set out in the Lobbyists' Code of Conduct. Increased conformity with the lobbying registration regime helped ensure accountability and transparency in the lobbying of public office holders.
Performance Analysis
The OCL initiated 13 administrative reviews on matters brought to our attention. Eight recommendation reports were prepared and sent to the Commissioner. OCL monitored media and other publicly available sources of information for evidence of lobbying, verified that registrable activity was properly reported, advised groups and individuals about the requirement to register certain activity, and made recommendations to the Commissioner regarding the appropriate means of ensuring conformity with the Act and Code. The OCL also began a process of confirming the accuracy and completeness of monthly communication returns submitted by lobbyists and took steps to ensure the integrity of information contained in the registry. The OCL reviewed applications for exemption from the newly-implemented five-year prohibition on lobbying and provided timely and informative recommendation reports. Alleged contraventions of the Act and Code were investigated, appropriate compliance measures recommended, Reports to Parliament prepared, and results communicated.
Lessons Learned
Decisions made in the Federal Court and Federal Court of Appeal over the last year have resulted in the OCL reexamining its processes with a view to modifying them where required. For example, Rule 8, in the Lobbyists Code of Conduct states that "Lobbyists shall not place public office holders in a conflict of interest by proposing or undertaking any action that would constitute an improper influence on a public office holder." A Federal Court of Appeal decision found that the previous guidance for Rule 8 was unreasonable. This decision will assist the OCL in providing revised guidance regarding conflict of interest and Rule 8.
