Information & Ethics committee  Again, if you're trying to capture the monthly communication with the DPOH, it does not have to be reported. But the lobbyist or the individual would still need to be filing a registration because that's still a registerable activity.

Information & Ethics committee  As I sometimes say, if you were to throw a stone down on the city of Ottawa you would probably hit a public officer holder. But I'll pull out the definition. The designated public office holder is a specific group that the government has identified. It includes ministers, ministers of state, and their staff; deputy heads and assistant deputy heads; and assistant deputy ministers and those of comparable rank, which I have defined in a bulletin.

Information & Ethics committee  I guess there are two questions. In terms of an individual who would be communicating with a public office holder--which a parliamentary secretary is--they would need to determine whether an initial registration is filed. What is not required, because the parliamentary secretary is not a designated public office holder, is the requirement to file a monthly communication report in terms of a monthly communication.

Information & Ethics committee  Thank you, Mr. Chair and members of the committee. I am pleased to be here today to provide you with an overview of my accomplishments from the past year and outline my priorities for 2010-2011. I am joined today by René Leblanc, the new Deputy Commissioner, and Bruce Bergen, Senior Legal Counsel.

Information & Ethics committee  Mr. Chair, that is a very interesting question. I do not have any examples to offer because honestly, to date, I have never refused to consider a case because too much time had elapsed. However, if it has been a long time, it may be difficult to find testimony, people who can provide evidence.

Information & Ethics committee  Yes.

Information & Ethics committee  There could perhaps be better coordination between the two, in some regards, but I do not have any further comment on that point.

Information & Ethics committee  No.

Information & Ethics committee  If I understand correctly, the situation in the Makhija case was exactly the same. The power of the registrar of lobbyists to investigate offences under the act was challenged. The Federal Court, I think it was in December 2008, made a decision holding that the registrar did in fact have that power.

Information & Ethics committee  I'll commence, and if Bruce has something to add, I'll ask him to jump in. One of the things I've actually been doing with my staff, Mr. Chair, is finalizing some guidance and so on that I'll be hoping to publish within the next week or so, which will actually talk about the court ruling and the guidance that will be out there for lobbyists.

Information & Ethics committee  It's not an attempt, with all due respect, Mr. Chair; it's the reasonable apprehension of an apparent conflict of interest. So there doesn't have to be the attempt to influence. If most reasonable people would think that particular action has created a competing private interest for the individual, that would be what I would be looking at.

Information & Ethics committee  Undue influence would have been the action, yes.

Information & Ethics committee  Which is what I feel I've done, Mr. Chair.

Information & Ethics committee  Mr. Chair, I am finding the questions...I'm not comfortable speculating as to how the source.... The one thing about a newspaper article is that they can write whatever they would like to write, in terms of comments.

Information & Ethics committee  I'm sorry, I want to make sure I'm understanding the question clearly. You're asking me if I would be investigating where the leak came from during that investigation, or...?