Recently the Canadian government announced changes to the Lobbying Act to include “all members of Parliament, senators and senior staff in the offices of the Leader of the Opposition, both in the House of Commons and the Senate” as designated public office holders. Charities who are registered and have contact with such DPOHs will need to report such contact in their monthly returns.
Taking Action to Ensure Parliament is Accountable to Canadians
For immediate release
September 20, 2010
Ottawa – The Honourable Stockwell Day, President of the Treasury Board and Minister for the Asia-Pacific Gateway, today announced the coming into force of rules under the Lobbying Act that now apply to all members of Parliament, senators and senior staff in the offices of the Leader of the Opposition, both in the House of Commons and the Senate.
“Our government is proud to be starting off the new session with a new level of accountability that is shared by all our colleagues in the House and in the Senate,” said Minister Day. “This is good news for Canadian families, workers and small-business people, who can now be confident that their Parliament is fully accountable to them, and not to special interest groups.”
Under the regulations, which come into force today, these parliamentarians and senior staff personnel are now included on the list of designated public office holders and are subject to the prohibitions on lobbying and requirements for reporting by lobbyists:
?Designated public office holders are prohibited from registering and lobbying the Government of Canada for five years after leaving office; and
?Lobbyists must disclose their lobbying activities to the Office of the Commissioner of Lobbying, including contact with designated public office holders for the purposes of lobbying. This information is publicly available on the website of the Office of the Commissioner of Lobbying.
Under the Lobbying Act, lobbying is communication by an individual who is paid to communicate with a designated public office holder on behalf of a person or organization in relation to:
?the development, introduction or amendment of a bill, resolution, regulation, policy or program;
?the awarding of a grant, contribution or any other financial benefit; and
?in the case of a consultant lobbyist, the awarding of any contract or the arranging of a meeting with a public office holder.
“As the House of Commons resumes today, we look forward to working together to ensure that Parliament is not only accountable to Canadians, but that it is delivering for Canadians too,” added Minister Day.
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For more information, contact:
Director of Communications
Office of the President of the Treasury Board and Minister for the Asia-Pacific Gateway
Treasury Board of Canada Secretariat
I wrote an article a couple of years ago on Canadian charities and Lobbying Act registration. https://www.globalphilanthropy.ca/images/uploads/Lobbying_and_Canadian_Charities_To_register_or_not_to_register.pdf The article is still relevant but the category of DPOHs has been broadened.
Do you require legal advice with respect to Canadian or Ontario non-profits or charities?
Mark Blumberg is a partner at the law firm of Blumberg Segal LLP in Toronto and works almost exclusively in the areas of non-profit and charity law.