I think the position we would take first and foremost is that they should be the same. So whether you pick one or the other, that is in the purview of this committee.
The second thing I would say is that common law has had more time since the creation of our country to discover through the assistance of judges what a real and apparent conflict of interest is. I think that in making these types of determinations, we should turn to common law as the best place to start.
That having been said, the Oliphant commission made several recommendations in this direction. Our comment first and foremost is that the standard for determining whether a lobbyist has placed a public office holder in a conflict of interest should be exactly the same as the standard for determining whether or not the public office holder in question was put in that conflict.
In practical terms, whether the Lobbying Act or the Conflict of Interest Act applies explicit tests for real, apparent, or potential conflict of interest, the standard has to be the same.