Evidence of meeting #82 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 internet.
A recording is available from Parliament.
3:40 p.m.
Conservative
The Chair Conservative Bob Zimmer
I call to order meeting 82 of the Standing Committee on Access to Information, Privacy and Ethics.
Pursuant to Standing Orders 110 and 111, we are examining the certificate of nomination of Nancy Bélanger, whom we've met before, to the position of Commissioner of Lobbying, referred to the committee on Thursday, November 30, 2017.
Welcome, again, to the committee, you have 10 minutes.
3:40 p.m.
Nancy Bélanger Nominee for the position of Commissioner of Lobbying, As an Individual
Thank you.
Mr. Chair and members of the committee, I'm truly honoured to be here today and humbled to be nominated for the position of Commissioner of Lobbying. I have often appeared before committees, including this one, but certainly not in this chair.
I am pleased to have this opportunity to discuss my candidacy for this position. The role of the Commissioner of Lobbying is an important one. It is defined by statute, the Lobbying Act. Its ultimate goal is to increase the confidence of Canadians in the integrity of decision-making by public office holders. It does so by recognizing that lobbying is a legitimate activity, but it must also be transparent.
First, let me briefly introduce myself and outline how my career has helped me to prepare for this role.
I was born and raised in New Brunswick. Most of my education was at the University of Ottawa. I wanted to study in both official languages and pursue a career in public law. That is why I completed a Bachelor of Social Science degree, with a major in political science and criminology, and a Bachelor of Laws and Master of Laws. I have been a member in good standing of the Law Society of Upper Canada since 1995.
Ottawa is also where I met my partner. We have outstanding young teenagers who keep me grounded.
I have had the privilege of working in the public service for over 20 years, and have met and worked with countless highly skilled and dedicated professionals. As you will observe from my curriculum vitae, I started my career as a lawyer with the Department of Justice. I moved on to work at the Federal Court, the Immigration and Refugee Board, and for the last 10 years, with two agents of Parliament: the Conflict of Interest and Ethics Commissioner and the Information Commissioner.
The positions I held with these organizations increased in responsibility. Very early on in my career I became a manager, my first real passion. I lead by example, and strongly believe that communication is paramount. I motivate and engage employees so they feel valued and supported in their daily work while achieving their career aspirations. In turn, I am very thankful for the dedication and support that my colleagues and employees have given me over the years.
Having served almost exclusively with institutions that are independent from government, I profoundly understand the need to live by and perform my duties with the highest standard of integrity and impartiality. I also understand the important role of agents of Parliament vis-à-vis Parliament and Canadians.
The Office of the Commissioner of Lobbying supports the integrity of public officials’ decision-making by ensuring that those who lobby them are behaving in an ethical and transparent manner.
This mandate is threefold
First, maintaining a registry that contains and makes public the registration information disclosed by lobbyists. In this respect, the registry is an essential tool for ensuring that lobbying activities are transparent. It therefore needs to be technologically up to date, effective and accessible.
Second, the commissioner must develop and implement educational programs to foster public awareness of the requirements of the act. I welcome this responsibility. I have had many opportunities to give presentations to a variety of stakeholders. Awareness activities play an important part in ensuring that all stakeholders, in this case lobbyists, their clients, and public office holders, understand their obligations and requirements under the act.
And lastly, the commissioner must ensure compliance with the Lobbying Act and the Lobbyists' Code of Conduct by conducting thorough reviews and investigations. As a jurist, I have extensive experience in interpreting legislation and codes. I am also very familiar with investigation processes that are subject to the rules of natural justice and procedural fairness. I believe that it is always appropriate to examine and re-evaluate practices in order to ensure that the act is understood and implemented effectively.
Ultimately, my experience working with agents of Parliament in the areas of transparency, conflict of interest, and ethics would enable me to bring this acquired knowledge and expertise together under one mandate. I want to acknowledge the outstanding work of Commissioner Shepherd during her tenure, and that of the dedicated professionals in her office. Should I have the privilege to be appointed as Canada's next Commissioner of Lobbying, I would build on her accomplishments with the continued support of this team.
My plan would be to enhance the profile of the office through maximized awareness and outreach initiatives with stakeholders including the Canadian public. Not only should lobbyists or future potential lobbyists instinctively have a good command of their obligations, but Canadians should also be aware of the role of the office in supporting the integrity of decision-making by public office holders.
I believe that I have the experience and the ability to carry out the significant responsibilities of the Commissioner of Lobbying. I am ready to meet this challenge.
Should the committee and Parliament entrust me with the honour of being the next Commissioner of Lobbying, I will continue to abide by the highest level of integrity and professionalism, perform my mandate to the best of my abilities, and provide my unwavering commitment to service that you, our Parliamentarians, and all Canadians deserve.
I thank you, Mr. Chair, and members of the committee for considering my nomination.
I will be pleased to answer your questions.
3:45 p.m.
Conservative
3:45 p.m.
Liberal
Mona Fortier Liberal Ottawa—Vanier, ON
Thank you very much, Mr. Chair.
Ms. Bélanger, thank you for being here today and answering our questions.
As the new commissioner, if everything goes according to plan, how will you make your mark? In what way will you be different from previous commissioners? What will you bring to the role of Commissioner of Lobbying?
3:45 p.m.
Nominee for the position of Commissioner of Lobbying, As an Individual
I take this role very seriously. I had the opportunity and the privilege of working with two commissioners, the Information Commissioner and the Conflict of Interest and Ethics Commissioner.
Personally, I think that I could leave my mark in the context of the three existing mandates, but particularly in connection with the one that relates to fostering awareness. I believe that Canadians are not quite familiar with the work of the Commissioner of Lobbying, and this will give me an opportunity to improve their knowledge of the role of the commissioner, to bring out the importance of lobbying, and to increase their trust in those who make the decisions, that is to say public office holders.
If I become the new Commissioner of Lobbying, I believe that at the end of seven years, I will have broadened the mandate of the Office of the Commissioner and increased the knowledge of Canadians about the office.
3:45 p.m.
Liberal
Mona Fortier Liberal Ottawa—Vanier, ON
What will your priorities be during the first year of your mandate? Could you name two or three priorities?
3:45 p.m.
Nominee for the position of Commissioner of Lobbying, As an Individual
Upon my arrival, one of my priorities will certainly be to become more familiar with the current priorities of the Office of the Commissioner. My purpose is not to disrupt everything.
Another priority will be to establish my credibility, since the people who currently work at the Office of the Commissioner of Lobbying do not know me very well. In fact, they only know me by reputation. The lobbyists do not know me, and so I must establish a relationship with them.
Then I will have to get to know the high-profile files, that is to say the files the media talk about, before dealing with them.
During the first year of my mandate, I will make sure I understand the team and the requirements well, in addition to continuing to discharge the mandate well.
3:50 p.m.
Liberal
Mona Fortier Liberal Ottawa—Vanier, ON
As you probably know, the next parliamentary review of the Lobbying Act will take place during your mandate. Do you have suggestions or ideas you could share with us today, in this regard?
3:50 p.m.
Nominee for the position of Commissioner of Lobbying, As an Individual
I read the report of the committee and I am also very familiar with the recommendations of the current commissioner. I believe it would be quite irresponsible of me to put forward recommendations. That said, one of my priorities will certainly be to see what has been done and what was recommended, in addition to bringing a new perspective on the requirements of the act and seeing what could be improved. I may also consult the team, the lobbyists and public office holders to understand what works and what does not.
So that will be one of my priorities, since that process will begin momentarily.
3:50 p.m.
Liberal
Mona Fortier Liberal Ottawa—Vanier, ON
You mentioned earlier that your experience at the Office of the Information Commissioner of Canada would help you play your new role. What skills do you think you acquired in that office that will serve you in your role as Commissioner of Lobbying?
3:50 p.m.
Nominee for the position of Commissioner of Lobbying, As an Individual
That is a good question.
Since I have worked with two officers of Parliament, I am very much aware of the need to be impartial, to be fair and to have very high ethical standards.
I am also very conscious of the need to be very precise in the analyses we perform, because people's reputations are at stake. We have to pay close attention to that.
Over the years, I understood that one does not do this kind of work alone. You absolutely have to work with a team and have your employees' support. That is something I learned over the years, and not only at the Office of the Information Commissioner.
3:50 p.m.
Liberal
Mona Fortier Liberal Ottawa—Vanier, ON
I have one last question.
You may already have some idea of the exemplary practices, here or elsewhere, that you will want to implement in this new position. Have you already identified one or two of these practices?
3:50 p.m.
Nominee for the position of Commissioner of Lobbying, As an Individual
Do you mean exemplary practices in my work?
3:50 p.m.
Liberal
Mona Fortier Liberal Ottawa—Vanier, ON
I mean exemplary practices in your role of Commissioner of Lobbying and in the context of the Lobbying Act. Have you seen exemplary practices in other provinces or elsewhere in the world that you would like to implement in your new role?
3:50 p.m.
Nominee for the position of Commissioner of Lobbying, As an Individual
Certainly. I am not an expert on lobbying since I am not yet in the position, but I certainly know that as an officer of Parliament, you have to create a network of people who do the same kind of work in order to be well informed and have all of the necessary information to do the job well.
Personally, I am very open to advice, and I listen a great deal. I will continue to do what has taken me this far. If I become Commissioner of Lobbying, I will continue in the same vein.
3:50 p.m.
Liberal
Mona Fortier Liberal Ottawa—Vanier, ON
I thank you very much for answering my questions. I am sure my colleagues will have other questions for you.
3:50 p.m.
Nominee for the position of Commissioner of Lobbying, As an Individual
Thank you.
3:50 p.m.
Conservative
3:50 p.m.
Conservative
Peter Kent Conservative Thornhill, ON
Thank you very much, Chair.
Thank you for attending so soon after your most recent visit.
3:50 p.m.
Nominee for the position of Commissioner of Lobbying, As an Individual
Thank you.
3:50 p.m.
Conservative
Peter Kent Conservative Thornhill, ON
Congratulations on the appointment.
I'm sure you read the minutes of your predecessor's last visit with us, on the day before your nomination was made. You are very early in the reading-in to the operations and the realities of the department.
3:55 p.m.
Nominee for the position of Commissioner of Lobbying, As an Individual
Yes.
3:55 p.m.
Conservative
Peter Kent Conservative Thornhill, ON
I asked Ms. Shepherd about a recommendation made by Ethics Commissioner Mary Dawson—the other side of your portfolio, as it is. She thought that the two offices should somehow be merged at some point in the future.
I wonder if it's too early to ask whether you have any thoughts on that, regulating the lobbied and the lobbyers.
3:55 p.m.
Nominee for the position of Commissioner of Lobbying, As an Individual
It is likely too early, but I will tell you that I am very much aware of Commissioner Dawson's recommendation. I am also aware of Commissioner Shepherd's not necessarily being in agreement with that. Here I am, being nominated for Commissioner of Lobbying and not Conflict of Interest and Ethics Commissioner, and it is still two offices.
What I will say about that, though, is that it would be unreasonable for me to do so, but it is Parliament's will to decide what they want to do and how they want to address the issue. If Parliament wants me to look into the matter, I will. I will certainly look at the pros and cons, and the benefits.
Having worked at the Conflict of Interest and Ethics Commissioner's office, and now having this possible opportunity—and I will have said this in my interview—I think there are opportunities for the two offices to possibly work together with respect to awareness and outreach activities so that everybody is on the same page as to what is acceptable and what is not, and what lobbying can or cannot do. I think there are opportunities there to work together, but currently still under two different mandates.
3:55 p.m.
Conservative
Peter Kent Conservative Thornhill, ON
In the same way from the commissioner's office that you're leaving, there were issues of co-operation or disagreement between privacy and access to information.