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.

On the agenda

MPs speaking

Also speaking

Nancy Bélanger  Nominee for the position of Commissioner of Lobbying, As an Individual
Michael Geist  Canada Research Chair in Internet and E-commerce Law, Faculty of Law, University of Ottawa, As an Individual

4 p.m.

NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

Both are becoming vacant.

4 p.m.

Nominee for the position of Commissioner of Lobbying, As an Individual

Nancy Bélanger

I was asked whether or not I was going to consider applying to those two. I was advised by the person who called me that work was being done, and that based on my reputation, my name came up as someone who could be eligible to do either position.

4 p.m.

NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

That was July of this year.

4 p.m.

Nominee for the position of Commissioner of Lobbying, As an Individual

Nancy Bélanger

It was July 2017, yes. The deadline to apply for the position was July 14. I applied July 12.

4:05 p.m.

NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

Just in time.

4:05 p.m.

Nominee for the position of Commissioner of Lobbying, As an Individual

Nancy Bélanger

I actually thought about this seriously. I understand the importance of this role, and I would not have applied if I didn't think I could do it. When I applied on July 14, I only applied for the position of Information Commissioner.

I have my dates in front of me here, because I expected you were going to ask. On August 10, I was invited for an interview to be held on August 16 for the position of Information Commissioner. I went through the interview on August 16. At the end of the interview, I was asked and was told by Janine Sherman, who is deputy secretary to the cabinet—

4:05 p.m.

NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

Did she conduct the interview?

4:05 p.m.

Nominee for the position of Commissioner of Lobbying, As an Individual

Nancy Bélanger

No, there was a committee of four, and she was the chair of the selection committee. She asked me at the end whether or not I would consider putting my name forward for the Commissioner of Lobbying. This is August 16, and I was told that this was asked of all candidates that were being interviewed. The next day, August 17, I got a call to say that my interview had gone extremely well, and that the committee wanted my references.

4:05 p.m.

NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

Were you told for which position?

4:05 p.m.

Nominee for the position of Commissioner of Lobbying, As an Individual

Nancy Bélanger

Yes, for Information Commissioner, because I had not done an interview for the Lobbying Commissioner yet.

4:05 p.m.

NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

We're still on that track. Okay.

4:05 p.m.

Nominee for the position of Commissioner of Lobbying, As an Individual

Nancy Bélanger

On August 17, on the same call, I was asked to attend an interview on August 28 for the Lobbying Commissioner position, which I attended. I went through two interviews within 12 days.

4:05 p.m.

NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

For two different positions....

4:05 p.m.

Nominee for the position of Commissioner of Lobbying, As an Individual

Nancy Bélanger

I can explain to you why as well, if you're interested, I only applied for one.

4:05 p.m.

NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

No, that's okay.

4:05 p.m.

Nominee for the position of Commissioner of Lobbying, As an Individual

Nancy Bélanger

On September 5, I did the psychometric test by Dr. Gilmour, and then I received a call on November 14 from the chief of staff from the President of Treasury Board. It was a 25-second call to see if I was still interested in the Lobbying Commissioner position, because my name would likely be put forward. I did not know if it was just my name or other names, because it was that quick. The following week, on November 22, I was advised that my name would be on the letter. Again, I did not know if it was just me or if other names—

4:05 p.m.

NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

It was just yours.

4:05 p.m.

Nominee for the position of Commissioner of Lobbying, As an Individual

Nancy Bélanger

—would be sent for consultation, and things flew from there.

4:05 p.m.

NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

Thank you.

4:05 p.m.

Nominee for the position of Commissioner of Lobbying, As an Individual

Nancy Bélanger

You're welcome.

4:05 p.m.

NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

I've learned more in the last two minutes than I have in two years as to how the process actually works in nominating officers of Parliament. That was very illuminating.

4:05 p.m.

Nominee for the position of Commissioner of Lobbying, As an Individual

Nancy Bélanger

When I applied, I applied online to the PCO, the same....

4:05 p.m.

NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

One thing we know, from your time with ethics, and according to Ms. Dawson, is that under that act there is no obligation to continue investigations from one commissioner to the next. Is that your understanding under the Lobbying Act as well? There are ongoing investigations right now. Are you by law required to continue those investigations, or is it up to your discretion, from your understanding?

4:05 p.m.

Nominee for the position of Commissioner of Lobbying, As an Individual

Nancy Bélanger

From my understanding, I don't think it would be at my discretion.

If an investigation has begun, in my opinion, it should continue. What it will likely mean—and this is putting on my lawyer's hat—is that if there are findings of credibility in relation to the investigation, some interviews might have to be held again in light of the fact that the commissioner making those findings would at least have to have met the individuals at issue.

Stopping an investigation and having to start from the beginning, I doubt it.

4:05 p.m.

NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

Or stopping it altogether...?