| Background |
York University, including all Vice-Presidents and Faculty Deans, has been registered under the federal Lobbyists Registration Act (now the Lobbying Act) since 2006. On July 2, 2008, certain regulations to the Lobbying Act will come into force. These regulations include a new monthly filing requirement disclosing any communication with designated public office holders, as explained below.
Please be aware that these regulations and compliance standards are new, and there may be further amendments or further clarification details released as the legislation evolves. Our website will be updated regularly to reflect any of the changes that may be issued by the Office of the Commissioner.
| What you need to know: |
York’s Registration
York University is registered under the Lobbying Act by its most senior officer- Dr. Mamdouh Shoukri, President and Vice-Chancellor- who must register and list personnel within the organization who lobby. VPs and Deans are listed as a part of York’s registration
Other Faculty/staff members who are responsible for securing grant funding (excluding research grants provided by organizations with peer review processes), are required to be registered
Only those listed on York’s registration are authorized to lobby on behalf of the institution
Compliance
York's
Government Relations Office is responsible for ensuring compliance with this law
within York University and will file all the official disclosures. Full
compliance is an important matter to York University.
The Government Relations Office has created a Communications Reporting Template for you to use in order to assist us in filing the required disclosures. Each month you must file a Monthly Return reporting any communication with designated public office holders, including any oral communication and any planned communication, for inclusion in our monthly return.
On the first of the month please send your communications reporting template to the Government Relations Office at maria@yorku.ca
Definition of “Lobbying”
Lobbying as defined by the Act is communicating, any oral and arranged communications (excluding e-mail, letter and fax communications), with a designated public officer holder with respect to the following matters:
- the development of a legislative proposal;
- the introduction or amendment of a Bill or resolution;
- making or amending any regulation, policy or program; or
- the awarding of a tax credit or any other financial benefit; or
- the awarding of a non-peer reviewed grant or contribution by the federal government.
Designated Public Office Holders
The Act creates a new class of public office holder known as Designated Public Office Holders (DPOH). These are certain officials responsible for high-level decision-making in government including, among others,
- A Minister of the Crown and members of their staff
- Ministers of State and members of their staff
- Members of the House of Commons or Senate
- Deputy Ministers
- Associate and Assistant Deputy Ministers
- Chief Executives of Departments and Agencies, and officials in those organizations
- Any other public office holder who occupies the senior executive position, or a position of comparable rank (classified at the federal government designation of EX-04 level or higher)
It is important to note that at this time there is not central list/database of DPOH’s. If it is unclear from an individual’s title / place of work if they are a DPOH for the purposes of the Act, the onus is on the registered lobbyist to ask if the government official with whom they are meeting / speaking is a DPOH. If you are uncertain please contact our office for clarification.
Reporting of Communications: Monthly Returns
Universities are subject to the Lobbying Act as an In-House Lobbyist and must register those engaged in all types of communication with designated public office holders.
Communications must be disclosed in a monthly report if:
- It is
both oral and arranged:
- phone conversations and in person meeting
- excludes emails, faxes, correspondence
- doesn't apply to chance encounters
- Formal or informal communications- all considered
- Who was involved and what was discussed is key- venue is not important
- Government trying to capture non-traceable communications
York’s Government Relations Officer will file a monthly disclosure by way of a return no later than 15 days after the end of every month,
- if any communication, oral and arranged, (excluding e-mail, letter and fax communications) with a designated public office holder took place during the month being reported upon,:
- information contained in an active return is no longer correct or additional information that the lobbyist has become aware of should be included in an active return,
- the lobbying activities have terminated or no longer require registration, or
- five months have elapsed since the end of the last month in which a return was filed.
The monthly return must include: (please see Communications Reporting Template)
- the name(s) of the public office holder,
- position and name of the branch, unit or department,
- date and particulars of the communication including subject matter(s) and description.
The Commissioner may verify with the DPOH the content of the monthly return. Once filed, the return will be added to the public searchable database. There is a penalty for failure to file a required return or for submission of a false or misleading statement to the Commissioner of Lobbying.
Exceptions
A disclosure is not required if:
- the communication takes place in an open forum in which the subject matters, the names of participants and the name of the government organizations represented are a matter of public record; or
- the communication is restricted to a simple request for information, enforcement, interpretation or application of a federal regulation or piece of legislation
- the DPOH initiates a discussion requesting an individual’s comment or expertise relating to the development, policy, programs or legislation.
However, a disclosure is required if communication is necessary to determine what additional information is required in having an application or project approved. If funding is discussed in a DPOH initiated meeting you must report.
Dealing with a Consultant Lobbyist
When utilizing a consultant as a lobbyist, the consultant is required to register as a consultant lobbyist under the Lobbying Act.
The Act prohibits consultant lobbyists from charging and accepting contingency fees- fees payable upon a favourable result- and prohibits clients form paying contingency fees (even partial fees).
Subject to certain exceptions made by the Commissioner, the Act restricts a former DPOH and Prime Minister’s transition team member from lobbying the federal government- as a consultant or in-house lobbyist- for a period of 5 years after leaving their former position. The lobbyist is required to confirm this information when registering and is subject to review by the Commissioner.
Penalties
The penalties are up to $50,000.00 or six months in jail on summary conviction or both; and up to $200,000.00 or two years in jail on indictment or both. The Act sets a 5-year limitation period for summary conviction from the date the Commissioner became aware of the offence and 10 years after the day the alleged offence occurred. Further, the Commissioner may prohibit a person convicted of an offence under the Act from lobbying for up to 2 years. Additionally if an employee of the University has been successful at arranging funding but is found to be an unregistered Lobbyist, that funding will be lost to the University.
