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.
NDP
Bill Siksay NDP Burnaby—Douglas, BC
Do you participate in international forums with other folks who do similar kinds of jobs to the one you're doing?
Proposed appointee for the position of Commissioner of Lobbying, As an Individual
Yes, I do. Since 2004 I have been part of an organization called the Council on Government Ethics and Law, or COGEL, and each year I sit with my counterpart from the Senate and provide an update on Canadian lobbying.
NDP
Bill Siksay NDP Burnaby—Douglas, BC
Coming out of those kinds of meetings, is there any mechanism for you to recommend changes or suggest updates to the law? Would you do that through an annual report, or is that even part of your mandate under the act?
Proposed appointee for the position of Commissioner of Lobbying, As an Individual
In terms of whenever the report comes up for renewal, I would welcome the opportunity to come before Parliament and talk about the potential. At this point it's only been ten months with this current legislation, but I would welcome the opportunity to do so.
Conservative
Kelly Block Conservative Saskatoon—Rosetown—Biggar, SK
Thank you, Mr. Chair.
Welcome, Ms. Shepherd, and thank you for your opening remarks.
Over the weekend I had an opportunity to review your CV and learn a little about your current role as the acting commissioner of lobbying. I think the Prime Minister showed excellent judgment in nominating you to this position. Do you agree?
Proposed appointee for the position of Commissioner of Lobbying, As an Individual
I think so.
[Laughter]
Conservative
Kelly Block Conservative Saskatoon—Rosetown—Biggar, SK
I also want to follow up on Madame Thi Lac's comments.
You indicated that being interim did not have an impact on your ability to explore and/or initiate projects. I have had the opportunity to serve in some interim positions and felt somewhat hamstrung, or had to grapple with the status quo nature of such an appointment. Do you think the fact that you didn't feel hindered may have been due to the fact that this was a newly created office?
Proposed appointee for the position of Commissioner of Lobbying, As an Individual
No, I don't think I felt hampered in terms of administering the legislation because of the knowledge of the act and the code and having been with the particular organization since 2004. I felt confident with what I had put in place in terms of processes, and the reports that I was able to use to make decisions were well documented and comprehensive. During that first six-month period I engaged legal counsel to help with providing advice. When I made decisions I felt they were independent, impartial, and well-founded. Now with the seven-year mandate—if you want to look at constraints—I know I can move ahead and look at planning resources and better integrating human resources and business planning.
Conservative
Kelly Block Conservative Saskatoon—Rosetown—Biggar, SK
Do you think Canadians are well served by the Lobbying Act?
Proposed appointee for the position of Commissioner of Lobbying, As an Individual
Yes, I do. I have looked at the legislation over time. I've been particularly involved with the legislation since 2004. I find that each amendment Parliament chose to make has strengthened the act with improved transparency and government decision-making through improved disclosure requirements, improved compliance measures, and the lobbyists' code of conduct.
Conservative
Kelly Block Conservative Saskatoon—Rosetown—Biggar, SK
What do you think Canadians should know about the Lobbying Act, both in theory and in practice?
Proposed appointee for the position of Commissioner of Lobbying, As an Individual
I would defer to the four principles: lobbyists should have open access to government officials; lobbying is a legitimate activity; Canadians and public office holders should know who is lobbying them and on what issues; and the measures and so on that are put in place should not be so restrictive that they prohibit this legitimate activity from occurring.
Conservative
Kelly Block Conservative Saskatoon—Rosetown—Biggar, SK
I have one final question. We've heard from other commissioners about their desire to have an implicit mandate for education. Do you feel you have that mandate built into your job description and the description of your office?
Proposed appointee for the position of Commissioner of Lobbying, As an Individual
Yes. In fact, since I've been involved with the organization, we've always realized the importance of education in terms of ensuring compliance. And one of the things I was quite pleased about with the Lobbying Act, when it came in, is that it actually gives the commissioner the mandate. There is an education and research mandate specifically in the legislation now.
Liberal
The Chair Liberal Paul Szabo
Thank you very much.
Madam Thi Lac was asking about investigations. Could you give generically the kinds of things you would be investigating? How complex? I think she worded it that way—“complex investigations”. I'd like to understand how complex an investigation might be if someone has breached some provision of the Lobbying Act.
Proposed appointee for the position of Commissioner of Lobbying, As an Individual
The majority of administrative reviews or fact-finding cases are issues of individuals who have not registered. There are some cases we look at in terms of improper reporting or they may not have disclosed everything they should have. That tends to be the type of genre of cases. And then there are a few cases of those who have breached the code of conduct in terms of not behaving in an ethical manner. There are three principles and eight rules.
Liberal
Borys Wrzesnewskyj Liberal Etobicoke Centre, ON
Thank you, Chair.
Ms. Shepherd, who approached you? You mentioned that someone approached you. Who was it who approached you?
Proposed appointee for the position of Commissioner of Lobbying, As an Individual
It was Dave Penner, from the Prime Minister's Office.
Liberal
Borys Wrzesnewskyj Liberal Etobicoke Centre, ON
Are you a member or have you been a member of any political party?
Proposed appointee for the position of Commissioner of Lobbying, As an Individual
I have never been a member at any level of any political party.
Liberal
Borys Wrzesnewskyj Liberal Etobicoke Centre, ON
Do you believe it's important for officers of Parliament, commissioners, in their particular role not to have been members of political parties?