Evidence of meeting #57 for Access to Information, Privacy and Ethics in the 42nd Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was investigations.
A video is available from Parliament.
Liberal
Raj Saini Liberal Kitchener Centre, ON
Let me ask one more question. This was supposed to be ready in case there was more time.
One thing I notice in the budget is that you have depreciation of tangible assets. I'm curious as to what tangible assets you have in your office to depreciate. Is it just equipment? I think there's a separate line item for computer equipment.
Commissioner of Lobbying, Office of the Commissioner of Lobbying
I may ask my CFO to get into some of the details of some of our equipment.
Director of Finance and Acting Chief Financial Officer, Office of the Commissioner of Lobbying
Mr. Chair, the tangible assets are the development of our software, LRS, which has accumulated over the years. It's coming to the end of the life cycle, and that's why it's diminishing quite considerably.
Right now we're continuing to develop the software with the application, and we're reinvesting as of 2016-17. Before, it was just more maintenance.
Does that respond to your question?
Liberal
Raj Saini Liberal Kitchener Centre, ON
That's fine.
Here is one final question. Commissioner Shepherd, you've been in this position for nine years now. You've had an opportunity to work with other regimes around the world, in other jurisdictions. Do you have any advice or can you offer any comparisons for the way you feel we're doing in Canada?
Commissioner of Lobbying, Office of the Commissioner of Lobbying
Canada continues to be one of the strong regimes, when you look at the OECD standards. We're quite high because we meet all of them, which is why countries are continuously coming to see us.
As I've mentioned in other appearances, I think the act could be improved, when I look, for example, at what some of my colleagues have in the provinces, by giving the commissioner the ability to issue administrative monetary penalties or perhaps to do compliance agreements. I have found in the nine years that it's good to have a continuum, to have the appropriate compliance measure for the alleged breach—something going from educating and monitoring to the heavier ones, such as referrals to the RCMP, which have led to convictions, or reports to Parliament, which affect the reputation of the lobbyist. It would be good to have something in between for the various breaches.
Liberal
Raj Saini Liberal Kitchener Centre, ON
I'll make this the final question.
In the European Union, do they have one structure, or are there structures all around, in each separate country?
Commissioner of Lobbying, Office of the Commissioner of Lobbying
There is an EU standard, and other countries have their own. Recently, Scotland came over to visit, because they're putting in lobbying legislation. It's my understanding that Germany is looking at doing something as well. Countries are looking at doing their own, but there is one for the EU as a whole.
Liberal
Raj Saini Liberal Kitchener Centre, ON
The reason I mention it is that with CETA there may be some differences that need to be understood, because you're dealing with two separate things, with the European Union and CETA coming on board. I think it would be beneficial if we were somewhere on the same track.
Would you agree with that point?
Commissioner of Lobbying, Office of the Commissioner of Lobbying
To be honest, when I've looked at various regimes I've always said it's what actually works for the objectives of the country in question. What works well federally here in Canada may not work even within some of the provinces. When I've given advice to other countries that have looked at the lobbying regime and the great model we have in Canada, it's that it's a question of what works.
I think, before changing the Canadian model or putting the Canadian models in common, it would be a question of what objectives were wanting to be accomplished that would mainly determine what the model should look like.
Liberal
Raj Saini Liberal Kitchener Centre, ON
The question wasn't really about changing the Canadian model. It was making sure that we're on an equal footing with Europe—
Commissioner of Lobbying, Office of the Commissioner of Lobbying
Okay; I'm sorry.
Liberal
Raj Saini Liberal Kitchener Centre, ON
—because it's coming up.
You said we already have a strong regime, so I don't want to touch that.
Thank you very much.
Conservative
The Chair Conservative Blaine Calkins
Thank you very much, Mr. Saini.
We now move to Mr. Jeneroux, please, for seven minutes.
Conservative
Matt Jeneroux Conservative Edmonton Riverbend, AB
It's nice to have you back, Commissioner. Thank you for taking the time to come before us, and to your staff for helping to prepare for today.
I want to clarify a few things.
When is your end date?
Commissioner of Lobbying, Office of the Commissioner of Lobbying
I'm scheduled to end at the end of June.
Conservative
Commissioner of Lobbying, Office of the Commissioner of Lobbying
I believe it's June 29.
Conservative
Matt Jeneroux Conservative Edmonton Riverbend, AB
Okay, and there's no transition period for you either? With the Ethics Commissioner too, we saw that there's no transition period as well. Is it in your act that there's a transition period with a new commissioner?
Commissioner of Lobbying, Office of the Commissioner of Lobbying
I'm committed to ensuring a smooth transition. I think you're asking me if I would be physically sticking around, and I don't have an answer for that.
What I'm doing is putting something in place so that when a new commissioner comes in, they're able to take over. For example, my office has been preparing a binder with a breakdown of all the committees within the organization and the key documents the new commissioner should be looking at. We have an audit committee, so there's information on the audit committee. We were joking around the other day about how the binder has gotten so big now that there is now the background binder and the information.
I'm very proud of the work I've been doing, thanks to my office. There are clear procedures and so on; they are well documented. It's a strong, dedicated team. There are strong managers in the team and experts who are getting themselves ready and prepared, and we're working to set up things so there's a smooth transition for somebody walking into the office.
Conservative
Matt Jeneroux Conservative Edmonton Riverbend, AB
That's great.
I'll come back to a bit of that, but I wanted to get to how many investigations you have ongoing right now.
Commissioner of Lobbying, Office of the Commissioner of Lobbying
I might have to come back to you, but I think there are roughly three investigations. A number of reviews and investigations are going on at the same time, so there are a number of matters that we are looking into, but I don't have the exact breakdown.
Conservative
Matt Jeneroux Conservative Edmonton Riverbend, AB
Earlier, you said “40 to 50” reviews, but those aren't necessarily investigations.
Commissioner of Lobbying, Office of the Commissioner of Lobbying
No.
As I think I've explained the process before in committee, when a matter comes to my attention, whether it's something we have found in the office through media monitoring or a complaint, we'll look into the matter first and do an assessment as to whether it actually falls within the mandate of the office. Then there's the administrative review, the fact-finding stage, which will lead into whether we have a need to do formal investigations or not. That 40 or 50 also include the exemption reviews.
Conservative
Matt Jeneroux Conservative Edmonton Riverbend, AB
Okay.
Getting back to the investigations, you have three to four investigations?
Commissioner of Lobbying, Office of the Commissioner of Lobbying
I can't remember exactly how many are open, but I can get back to you if you would like.