Evidence of meeting #26 for Access to Information, Privacy and Ethics in the 40th Parliament, 2nd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was terms.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

Karen Shepherd  Proposed appointee for the position of Commissioner of Lobbying, As an Individual

3:35 p.m.

Liberal

The Chair Liberal Paul Szabo

Order.

This is meeting 26 of the Standing Committee on Access to Information, Privacy and Ethics. Our order of the day, pursuant to Standing Orders 110 and 111, is a certificate of nomination of Karen E. Shepherd to the position of Commissioner of Lobbying, referred to the committee on Monday, May 11, 2009.

Our witness today is Karen E. Shepherd, proposed appointee for the position of Commissioner of Lobbying. Welcome, Ms. Shepherd. It's nice to see you again, although in a different capacity.

I understand you have a brief opening statement, something less than ten minutes, and then the committee I'm sure would like to ask you some questions about this new opportunity and the state of the union.

Please proceed.

3:35 p.m.

Karen Shepherd Proposed appointee for the position of Commissioner of Lobbying, As an Individual

Thank you.

Mr. Chair and members of the committee, it is an honour and a privilege to have been nominated for the position of Commissioner of Lobbying and to appear before you to consider my candidacy for this important position.

I would like to make some introductory remarks to highlight various aspects of my career. I would also like to share with all of you my experience to date in administering the lobbyists' registration regime, my role as Interim Commissioner, and the duties and obligations of this independent parliamentary office in serving both Parliament and Canadians.

First, let me tell you a little about myself. I was born in Montreal, Quebec. I have been married for 19 years. My husband is an assistant professor at Carleton University and teaches in the fields of program evaluation, ethics, and public administration.

In terms of my academic career, I attended Concordia University, where I obtained my baccalaureate of arts, with a major in economics and a minor in administrative studies. This degree was a cooperative program; as such, my first work term in the summer of 1985 was as an analyst with Employment and Immigration Canada. It was with this experience that I knew I wanted to move to Ottawa and start a career with the federal government. I regarded my decision as the right choice for me, as Canada's federal government provided me with several challenging and exciting opportunities. I saw great value in using my training to serve Canada and Canadians. This thinking has been unwavering on my part.

I moved to Ottawa in May of 1987 to begin my career as a federal public servant. I soon realized that my objective was to become a leader and executive in the public service, so I enrolled in the master of arts program in policy and administration at Carleton University. Not only did I learn the fundamental concepts and practices that would form the basis of my training, but I also gained practical work experience in the co-op program. The combination of theory and practice was ideal, and I consider this training pivotal to success in my career.

As you've likely learned from my résumé, I worked in a number of federal departments prior to joining the Office of the Registrar of Lobbyists in 2004. These include Industry Canada, the Office of the Auditor General, Revenue Canada Customs, Employment and Immigration, and Energy, Mines and Resources. I have performed a variety of functions at both the officer and executive levels and have gained significant experience in operations, policy, program management, and human resources. Each of these experiences has provided me with important knowledge, abilities, and experience, which has served me well in my executive function and in my role as interim commissioner of lobbying.

Since joining this office, I have gained an in-depth knowledge of the Lobbying Act, the lobbyist code of conduct, and managing the institution responsible for this important legislation. It is my view that the Lobbying Act and the role of the commissioner is to support the integrity of government decision-making by ensuring that those who are active in lobbying the federal government are behaving in an ethical and transparent manner.

Some of the key developments that I have been involved with have strengthened the integrity of the office. I have created or improved the building blocks necessary for effective lobby legislation including the Lobbyists Registration System, education and outreach function, and supporting effective compliance.

The registry is the primary tool used by this office to maintain transparency in lobbying activities conducted at the federal level. Prior to assuming the role of director of investigations I was primarily responsible for the day-to-day management of the registry and for ensuring that lobbyists were provided with efficient service to register and report on their activities. It was also necessary to ensure that lobbyists complied with both the act and its spirit in order to provide Canadians with the most reliable information.

The amendments that came into force in 2005 and in 2008 required lobbyists to disclose either additional or different information. I was involved in these implementation strategies and preparing development updates to incorporate the new legislative and registration requirements.

Regarding education and research, I believe it is important to educate people regarding the act and its requirements rather than rely exclusively on enforcement measures to achieve compliance. In this respect, I have developed a number of interpretation bulletins or advisory opinions to ensure that those subject to the act are clear about their obligations. Although these documents are not legally binding, they provide lobbyists and others interested in lobbying legislation information on how the commissioner intends to implement the act.

I have developed and delivered several training sessions and made presentations to lobbyists, public office holders, parliamentarians, and others interested in the federal lobbying regime. I have represented the office in both national and international forums to explain lobbying legislation and how it is administered.

Although education is important, maintaining an effective compliance system cannot be understated. As such, I have been involved with developing, implementing and ensuring that the necessary enforcement approaches and processes were in place in order to be consistent with the requirements of the act. Such processes have included conduct of administrative reviews and investigations, submitting initial investigative reports to Parliament, verifying monthly communication returns, and assessing applications to the five-year lobbying prohibition.

I have been a key player in establishing the office's overall governance structure. I know it well and I have worked to ensure that it has the necessary resources to effectively carry out the responsibilities bestowed upon it by Parliament. In this respect, I have laid much of the groundwork with respect to the office's human resources policy, establishing financial controls and creating the administrative systems necessary to carry out our regular reporting and monitoring functions.

Members of the committee, this is what I have done. This is the past. Now let me speak to you about how I understand our priorities and challenges for administering the act and managing the Office of the Commissioner of Lobbying.

The registry is our bread and butter. It is the office's primary tool for ensuring transparency in lobbying activities. Therefore, it will be important to continue improving its functionalities in order to make it more user-friendly and also technically capable of supporting the increasing demands being made on it.

Despite all of our efforts in the areas of education and outreach, there is still much more that can be done to ensure that lobbyists, public office holders with whom they communicate, and others interested in lobbying activities better understand the rationale and the requirements of the act.

It will be important to finalize and implement our communication strategy and develop the necessary tools and products to maximize our outreach efforts aimed at our various audiences. This will assist registrants to better understand the reporting requirements and reduce their difficulties when reporting their lobbying activities with our office.

I regard it as one of my principal responsibilities to reach out to parliamentarians, public servants, and indeed the public about this legislation and to demystify lobbying activities. Lobbying is a legitimate and democratic activity that should not be diminished by misunderstanding.

With respect to compliance, one of my key priorities will be to review and refine our case management of new and outstanding compliance files in order to be more efficient in administering the act. I will also respect new guidance by the Federal Court of Appeal regarding the application of the conflict of interest provisions of the lobbyists code of conduct. Similarly, I believe it will be a core responsibility to provide lobbyists with additional guidance on other rules contained in the code in order to enlighten potential areas of breach for purposes of clarity.

In closing, let me emphasize that I have found performing in the role of interim commissioner to be exciting and challenging. My goal has been to implement and administer the Lobbying Act in a way that builds the confidence of parliamentarians and Canadians by working always to ensure transparency and integrity in government decision-making through a well-functioning and independent office of Parliament.

Should the committee and Parliament decide to entrust me with the distinct honour of being Canada's first Commissioner of Lobbying, I can assure you that I will continue to work hard to earn your trust and to make certain that this office continues to offer professional and loyal service to Parliament and Canadians.

Thank you.

I am now pleased to take your questions.

3:40 p.m.

Liberal

The Chair Liberal Paul Szabo

Thank you very much. This is obviously a very important position as an independent officer of Parliament. We hold these positions in very high esteem.

We're going to ask for questions from the members.

Mrs. Simson, please.

3:40 p.m.

Liberal

Michelle Simson Liberal Scarborough Southwest, ON

Thank you, Chair.

Thank you, Ms. Shepherd, for appearing before the committee today.

I took a look at your résumé, which is very impressive. I was really interested in your first paragraph, under “Goals”, where it states that you look forward to utilizing your ability in changing the public sector environment, particularly with respect to how you see it changing. Could you elaborate on that statement? How do you see it changing? What is it that you think you'd bring to that change, whether it be good or bad?

3:40 p.m.

Proposed appointee for the position of Commissioner of Lobbying, As an Individual

Karen Shepherd

Thank you.

In terms of how I see things changing as the process continues to evolve and as we look at the future, I think continuing to attract young Canadians to the public service is important. As I said in my opening remarks, I think the public service provides a wide variety of challenges and opportunities to Canadians that allow them to move around. In my own experience, I have benefited from working in a number of departments, which has allowed me to gain the experience I often draw upon to assist in mentoring or coaching others.

3:45 p.m.

Liberal

Michelle Simson Liberal Scarborough Southwest, ON

That actually is a good segue into my next question. You obviously have some human resources background. In the course of this committee's work with the various commissions, there has been a common concern with respect to staffing, particularly recruiting and training staff, then also retaining that staff. Is that currently the case in your office? If so, what plans would you have to eliminate the revolving door syndrome that appears to be the case in smaller offices, like a lot of the commissions? That appears to be a systemic problem that nobody's been able to adequately address during their testimony.

3:45 p.m.

Proposed appointee for the position of Commissioner of Lobbying, As an Individual

Karen Shepherd

First of all, I think that education and training are extremely important. One of the things I actually put into place was a learning and training policy. There are four types of mandatory training that the staff have to take, such as harassment training, health and safety. In addition, as we go through the evaluation process, employees each fill out a training plan that looks at their future—the training they need within the next year or two or three years, or the long-term objectives. The priority is always to train first for the job at hand, but to look at developmental training as well.

In terms of the revolving door, it hasn't been an issue with this organization. We've had very little turnover in starting up the organization.

3:45 p.m.

Liberal

Michelle Simson Liberal Scarborough Southwest, ON

Are you running at full complement currently?

3:45 p.m.

Proposed appointee for the position of Commissioner of Lobbying, As an Individual

Karen Shepherd

We're still hiring.

3:45 p.m.

Liberal

Michelle Simson Liberal Scarborough Southwest, ON

What's your full complement and what are you currently running with?

3:45 p.m.

Proposed appointee for the position of Commissioner of Lobbying, As an Individual

Karen Shepherd

My full complement is 28, and I believe we're at 25 right now. We're in the process of finalizing the position for the CIO, chief information officer.

3:45 p.m.

Liberal

Michelle Simson Liberal Scarborough Southwest, ON

But then, in fairness, this is a relatively new office, because it was July 2, 2008.

3:45 p.m.

Proposed appointee for the position of Commissioner of Lobbying, As an Individual

Karen Shepherd

Right. Just to give you an idea, employees are very happy within the organization. On the public service survey that was done in 2008, I think in most of the things we scored either A or A+ in terms of how we're managing the organization. People feel very comfortable in terms of speaking truth to power.

That said, we have still put in place succession planning on the registry side, because we have noticed that when you're hiring good-calibre staff, others may be interested if they have to leave for promotions. So we're now putting a developmental process in place.

3:45 p.m.

Liberal

Michelle Simson Liberal Scarborough Southwest, ON

Do you have any idea, of the 25 you currently have, how many were fresh recruits from outside, as opposed to having shifted from other departments within the federal government?

3:45 p.m.

Proposed appointee for the position of Commissioner of Lobbying, As an Individual

Karen Shepherd

All of those currently on staff are not new to the public service; they have come to us from other departments because they have won competitions or were interested and were deployed.

3:45 p.m.

Liberal

Michelle Simson Liberal Scarborough Southwest, ON

Does your office have any plans to recruit from outside? For instance, you said you wanted to educate to get people interested in public service, so going out to some of the universities to recruit new people into the public sector area would make sense. Is that in your game plan?

3:45 p.m.

Proposed appointee for the position of Commissioner of Lobbying, As an Individual

Karen Shepherd

Actually it is. When we did the competition for the chief information officer, it allowed people external to and within the government to apply. So that was one method.

I also had a co-op student from Carleton University who worked with us for a while to gain experience.

3:45 p.m.

Liberal

Michelle Simson Liberal Scarborough Southwest, ON

The only issue I have is that every commission has been running well under complement--sometimes up to $1 million of their budget. When you hear about that type of thing and the backlogs that are being experienced, together with the unprecedented unemployment rate, you can see where it just doesn't make a lot of sense to continue recruiting the same way we have in the past.

3:45 p.m.

Proposed appointee for the position of Commissioner of Lobbying, As an Individual

Karen Shepherd

We have a student coming back to us this summer. I believe it's her third summer with us, and she has gained experience on the registry. In the summer people are going in and out on vacation, and we now have someone from outside the public service who keeps coming back to us year after year. I think that's one way of getting the word out.

3:50 p.m.

Liberal

Michelle Simson Liberal Scarborough Southwest, ON

So you've been the acting commissioner since July 2. Your first report is due this month. Because I'm not familiar with the process, I'm curious about the circumstances under which you would deem it necessary to provide Parliament with a special report, as opposed to a scheduled report.

3:50 p.m.

Proposed appointee for the position of Commissioner of Lobbying, As an Individual

Karen Shepherd

The report that's due this month is our annual report, as required under the legislation. The Lobbying Act now provides the commissioner with the ability to provide a special report if something is sufficiently urgent that it can't wait until the annual report.

Given that it's been only ten months, I haven't experienced anything yet that has required me to do that. If it were a matter of unethical lobbying that I thought couldn't wait, I could see that being an example.

3:50 p.m.

Liberal

Michelle Simson Liberal Scarborough Southwest, ON

Thank you.

3:50 p.m.

Liberal

The Chair Liberal Paul Szabo

Ms. Thaï Thi Lac.

3:50 p.m.

Bloc

Ève-Mary Thaï Thi Lac Bloc Saint-Hyacinthe—Bagot, QC

Thank you, Ms. Shepherd. Welcome to our committee, and congratulations on your nomination.

First of all, I would like to know whether you are bilingual.

3:50 p.m.

Proposed appointee for the position of Commissioner of Lobbying, As an Individual

Karen Shepherd

Yes, I am bilingual.