Evidence of meeting #6 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 office-holders.
A recording is available from Parliament.
Conservative
Bob Dechert Conservative Mississauga—Erindale, ON
Would you say that people tend to over-report at this point, as far as what's required by the legislation?
Interim Commissioner of Lobbying, Office of the Commissioner of Lobbying
There may be some of that, but it's too early to tell.
Conservative
Bob Dechert Conservative Mississauga—Erindale, ON
How does it compare with what's done in other countries like the United States? Are there any comparisons that you can think of, as far as the accuracy of filing and reporting is concerned?
Interim Commissioner of Lobbying, Office of the Commissioner of Lobbying
I'd have to get back to you on that. I'm not aware of any.
Conservative
Bob Dechert Conservative Mississauga—Erindale, ON
Okay. Thanks very much.
You mentioned that there is a requirement for public education about what your office does and what the requirements are. How do you carry out that educational mandate? Can you give us a description of the things you've done to date?
Interim Commissioner of Lobbying, Office of the Commissioner of Lobbying
As I was saying earlier, we're quite pleased that this is now official mandate, because since I joined the organization in 2004, we've always felt education to be a priority. You reach more people through education than even compliance. So with the particular mandate, one of the things we've been currently working on is a strategy that will address the short, medium and long terms.
Prior to the act coming into force we did a series of what we called implementation notices--I think some of them are in your packet--talking about the changes that were coming forward with the act. We developed 25 tutorials, which are available in both official languages. We sent out packages to deputy heads, with notices reminding them that this category of designated public office-holder was coming up, for example, and that they should inform staff accordingly. We sent out mass mail-outs. We developed presentations, such as the one we submitted to you, that were put online. Since April we've conducted more than 33 outreach activities, where we met with universities, organizations, consultants, and even departments.
I'm proud of the fact that it's working, because there were more than 22,000 hits to the system in July and August, to either download some of these tutorials or access information.
Conservative
Bob Dechert Conservative Mississauga—Erindale, ON
So there's been a lot of interest in what you're doing.
Thank you very much.
Are we out of time?
Liberal
The Chair Liberal Paul Szabo
Yes, we're out of time for you, Mr. Dechert.
Mr. Wrzesnewskyj has a brief intervention, as well as Mr. Dreeshen, and Madam Wong. So we'll deal with those three, and I think we'll be done.
Mr. Wrzesnewskyj.
Liberal
Liberal
Borys Wrzesnewskyj Liberal Etobicoke Centre, ON
Going back to the 61 investigations, were there any multiple offenders among them? If you don't have the information handy, I guess this would be available through an access to information request. But to cut through the paperwork, perhaps you could provide this committee with a list of those 61. That would certainly help in our work toward transparency in knowing what's going on in the world of lobbying.
Interim Commissioner of Lobbying, Office of the Commissioner of Lobbying
On your question about multiple offenders, the four reports that were tabled were on the same lobbyist. As for providing the names of the cases that have been under review, the act requires that I conduct investigations in private. That has been extended to administrative reviews as well, because you don't know if there will be reason to believe they should be forwarded to the investigation stage.
Mr. Chair, I'll have to defer to you as to whether I can be excused, due to privacy under my act, from answering the details of the questions.
Liberal
The Chair Liberal Paul Szabo
Would that information be available under access to information, or would it be blacked out?
Interim Commissioner of Lobbying, Office of the Commissioner of Lobbying
Bruce is going to answer you further.
Senior Counsel, Office of the Commissioner of Lobbying
With respect to access to information, in the Federal Accountability Act there were a number of changes made, subsequent to section 16 of the Access to Information Act, to add specific provisions in relation to the work of the Conflict of Interest and Ethics Commissioner and this commissioner here as well, the Commissioner of Lobbying. So there's actually now a specific provision in the Access to Information Act that indicates that for ongoing investigations and investigative activities of the commissioner, in the event an access request is submitted, the commissioner can refuse to release information because there's an ongoing investigation.
The second subsection of that new provision indicates that when it's all finally over with—that is, the investigation is completed or in the end does not actually commence, or all litigation has ended—then the material in that investigative report would all be subject to release under the Access to Information Act.
Parliament has tried to address that, I think, in the Federal Accountability Act and to deal with the investigative provisions in the Lobbying Act. Actually, the Lobbyists Registration Act and now the Lobbying Act have been quite clear that, as Ms. Shepherd mentioned, investigations are to be conducted in private.
Then there is another provision in the part of the act that deals with code of conduct investigations, section 10.4, which indicates that material that's collected or created during the course of those activities by people in the office is also supposed to be maintained in private as well, unless it's necessary. For instance, if you find evidence of wrongdoing, then you might refer all that material to the police.
Liberal
Borys Wrzesnewskyj Liberal Etobicoke Centre, ON
So the ongoing ones, you seem to be indicating, perhaps would not be available. But there are a number that have been closed, so perhaps those could be provided.
Mr. Dechert had a question about requests for exemptions around the five-year rule, that there were seven such requests. Would it be possible to get the information on those? Those are no longer ongoing, so I think—
Interim Commissioner of Lobbying, Office of the Commissioner of Lobbying
They are ongoing. I said there have been seven exemption requests to date. I've granted one, which is posted.
Liberal
Borys Wrzesnewskyj Liberal Etobicoke Centre, ON
So that's the one, then, that you could provide us information about.
Interim Commissioner of Lobbying, Office of the Commissioner of Lobbying
It's actually available right on the website, in terms of the report.
Interim Commissioner of Lobbying, Office of the Commissioner of Lobbying
The one I've granted is Guy Bujold. He is the former interim head of the Space Agency.
Liberal
Borys Wrzesnewskyj Liberal Etobicoke Centre, ON
And I have a quick final question. You cease investigation when it appears authorities have to be called in. Are there any cases of that sort at the present time?
Interim Commissioner of Lobbying, Office of the Commissioner of Lobbying
We have referred a number of cases over to the RCMP, and it has made decisions on all the ones we have sent over.