Evidence of meeting #7 for Bill C-2 (39th Parliament, 1st Session) in the 39th Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was public.

On the agenda

MPs speaking

Also speaking

Leo Duguay  President, Government Relations Institute of Canada
Michael Nelson  Registrar of Lobbyists, Office of the Registrar of Lobbyists
George Weber  Chairman of the Board, Canadian Society of Association Executives
Michael Anderson  President and Chief Executive Officer, Canadian Society of Association Executives
Michèle Demers  President, Professional Institute of the Public Service of Canada
John Gordon  President, Public Service Alliance of Canada
Jamie Dunn  Negotiator, Professional Institute of the Public Service of Canada
Edith Bramwell  Legal advisor, Public Service Alliance of Canada
Jean-Pierre Kingsley  Chief Electoral Officer, Office of the Chief Electoral Officer
Diane Davidson  Deputy Chief Electoral Officer and Chief Legal Counsel, Office of the Chief Electoral Officer

9:30 a.m.

President, Government Relations Institute of Canada

Leo Duguay

It seems to me that any reasonable complaint should be addressed to the commissioner. That is quite clear. Under the current system, when a case is brought to us, we submit it to the commissioner, who is responsible for dealing with it. That is the approach I would take if I were a member of Parliament.

9:30 a.m.

Bloc

Monique Guay Bloc Rivière-du-Nord, QC

We are being asked to analyze the complaints, but that is a responsibility that members of Parliament do not necessarily want to have. A given complaint may not be justified. But it is not our role to make that decision.

9:30 a.m.

President, Government Relations Institute of Canada

Leo Duguay

If it were me, I would simply send all the complaints along to the commissioner.

9:30 a.m.

Bloc

Monique Guay Bloc Rivière-du-Nord, QC

But we could correct this problem before the process is finished. That way, we could ensure that the legislation is credible and transparent.

On another topic, you currently submit a report every six months. They are now talking about monthly reports. I would like to have an idea of the extra workload that that would create for you. My question is for all the witnesses.

9:30 a.m.

Conservative

The Chair Conservative David Tilson

Mr. Nelson, go ahead, please.

May 16th, 2006 / 9:30 a.m.

Registrar of Lobbyists, Office of the Registrar of Lobbyists

Michael Nelson

We would have to create a new data base. The one that we have is obsolete. We would have to create a new system for that purpose.

9:35 a.m.

President, Government Relations Institute of Canada

Leo Duguay

I would simply add that there are 5,000 lobbyists reporting every month right now, for a total of 30,000. If they reported every month, the total would be 180,000. If the number of people reporting continues to increase, there will be an overwhelming amount of data.

9:35 a.m.

Bloc

Monique Guay Bloc Rivière-du-Nord, QC

Five thousand lobbyists is certainly a lot of people.

9:35 a.m.

President, Government Relations Institute of Canada

Leo Duguay

The workload is not actually a problem for us. It is not reporting that creates the problem, but the question of whether we will have to report on confidential files.

9:35 a.m.

Bloc

Monique Guay Bloc Rivière-du-Nord, QC

Confidentiality is an extremely important issue for you. You have all talked about it. Perhaps you could give us a little more information on that, since it is not very clear.

I also hope that you have proposed amendments in your documents, since it is important to protect confidentiality. You gave the example of the pharmaceutical industry. That is extremely important. There are other areas where the same thing goes. Some information is legitimately confidential and does not need to be known. Can you give me more details on that?

9:35 a.m.

President, Government Relations Institute of Canada

Leo Duguay

We have given a few examples, but there are a hundred others that we could give as well. I will try to find some and send them to you. I will give you a list.

9:35 a.m.

Bloc

Monique Guay Bloc Rivière-du-Nord, QC

I would appreciate that, if it is possible.

9:35 a.m.

President, Government Relations Institute of Canada

Leo Duguay

I will contact the committee clerk about sending the text of an amendment and some other examples that could help you.

9:35 a.m.

Bloc

Monique Guay Bloc Rivière-du-Nord, QC

That could help us improve the bill. If you could also send us information about the costs involved in implementing this legislation, it would be helpful to us. You could send us the figures, since when you have to apply the provisions of the act, you will end up having to assume certain costs. We have been asking all of our witnesses if they could send us that information. Thank you.

9:35 a.m.

Chairman of the Board, Canadian Society of Association Executives

George Weber

We are prepared... [Editor's Note: Inaudible]

9:35 a.m.

Conservative

The Chair Conservative David Tilson

If that could be sent to the clerk, it would be helpful.

Mr. Martin.

9:35 a.m.

NDP

Pat Martin NDP Winnipeg Centre, MB

Thank you, Chair.

I'd like to start from the premise that a lot of us feel that the current regulations governing lobbyists are completely toothless, useless even, because we keep getting faced with examples like the David Dingwall affair, which so horrified committees when they found that he had a contingency fee to get a technology partnership loan of $450,000. When he was reminded by the commissioner or somebody that you're not allowed to take contingency fees, they restructured it so that it was a fee of the exact same dollar figure called something else. So how is that helpful?

I understand some of the points that Mr. Duguay is making, but some of us are coming from the starting position that lobbyists have bastardized democracy in the U.S. and we're not going to let that happen here. The revolving door of influence peddling is offensive to Canadians. Mr. Duguay is trying to paint it in a positive light that he's an ordinary Canadian and he has a right to talk to any politician. The fact is ordinary Canadians shouldn't have to talk to politicians through lobbyists. You aren't real estate agents. It's not like you need an agent to buy a house. We should never have a system where you need one of you guys to go and access the people who represent you.

I don't know, but I get really angry when I hear both the tone and the content of your remarks that there's nothing wrong with the system, it's just a bunch of good guys accessing their elected representatives. There was a famous case where a Liberal cabinet minister went on to work for big pharma and was lobbying big pharma at the same time that the Liberals were talking about the drug patent review and the 20-year patent period. So here you had a high-profile, famous Liberal minister lobbying the Liberal chair of the committee that was going to rule on the biggest corporate giveaway since the CNR, the 20-year patent protection for pharmaceutical drugs. That was offensive. That was influence peddling of the highest order, and people want it stopped.

So some of us feel this act doesn't go far enough. If it's too onerous for you to write down who you're talking to and when for the fees that you collect, there's something wrong with your side of the table, not ours. That tells me we're doing the right thing when you're complaining about that level of accountability.

This bill does ban contingency fees, and I would hope that the enforcement process would be such that you can't just call it something else and charge the same amount of money based on whether the deal goes through. But do you also believe that companies that are engaged in lobbying shouldn't be allowed to get any other kinds of contracts from the government while they're lobbying the government? This is a way to get at the Earnscliffe revolving door situation where it's common practice for a lobbyist firm to also be selling other services to the government that they're lobbying. Do you believe that's one of the changes we should put in place here?

9:40 a.m.

President, Government Relations Institute of Canada

Leo Duguay

Let me answer. Let me draw a couple of observations, first of all.

The United States has not had, and does not have even in the latest suggestions for registering lobbying activities, the regulations we had 15 years ago. They do not have in place the regulations we currently have.

I'm not involved and our association members are not involved in arranging meetings for people. That's not what I do. I can only make that point to you--

9:40 a.m.

NDP

Pat Martin NDP Winnipeg Centre, MB

What do you do for your clients, then?

9:40 a.m.

President, Government Relations Institute of Canada

Leo Duguay

Let me explain.

There are a lot of companies in Canada and a lot of individuals in Canada who can do their own income tax, but they hire an accountant. There are a lot of companies that can wind their way through a piece of legislation, but they hire a lawyer. There are a lot of people in Canada who can wind their way through what is a very complicated federal government, but they don't do it, because they don't have the resources or they don't have the time. They often look to someone who, by experience or practice, knows a little bit about how the government works.

What we do with our clients is to help face often difficult problems and to understand their business, to develop strategies that will allow the public interest to be served as well as the interests of our clients. We're not always successful at that, but when we approach people like you we try to make the case of a problem that needs a solution and we hope you will try to help us do it.

Let me just raise one last point.

9:40 a.m.

NDP

Pat Martin NDP Winnipeg Centre, MB

Not to interrupt you, sir, but could you answer my question?

9:40 a.m.

A voice

No, you can't interrupt him. Let him finish.

9:40 a.m.

NDP

Pat Martin NDP Winnipeg Centre, MB

I have very little time and I want my question answered. I don't want a report from Mr. Duguay about how great lobbyists are.

9:40 a.m.

President, Government Relations Institute of Canada

Leo Duguay

I'll give you ten seconds more.

On the matter of influence peddling, influence peddling in this country is a criminal offence. If you know someone in our group or any other group who is peddling influence, report them as soon as possible to the RCMP and we'll be right behind you.

9:40 a.m.

NDP

Pat Martin NDP Winnipeg Centre, MB

Okay, that leads me to my next question.