Mr. Speaker, I am pleased to rise in the House today to join in the debate on the motion to refer Bill C-15, an act to amend the Lobbyists Registration Act, to committee before second reading.
In 2001, the all party industry committee reviewed the Lobbyists Registration Act and made a number of suggestions for change. I am very pleased to learn that the government wants to refer the new Lobbyists Registration Act directly to committee before second reading so that all members of the House from all parties will have an opportunity to review, to discuss and to make amendments to the bill.
Today I want to focus on some of the details of the bill. Bill C-15 is about taking a system that works well and making it work much better. It is a bill that draws on the experience of our lobbyists registration process to date in order to make an even stronger system. The bill includes the usual technical amendments, of course, but the core of the bill is the changes that it proposes in three major areas. I would like to comment on each of them now.
The first issue is about clarifying what kind of lobbying the law covers and who has to register as a lobbyist under the act. The law as it stands now makes it clear that people who are trying to influence government solely as citizens or as members of some voluntary group, and who are not getting paid to influence government, are exempt from the act. The focus is on people who are attempting to influence the government as part of their paid employment. They may be consultants who lobby on behalf of other clients. They may be government relations officers or companies or associations or some non-governmental organization. These people need to register. The question is, what triggers the requirement? What constitutes lobbying?
Right now the act states that someone needs to register if they are making an “attempt to influence” a public office holder. There are concerns that this definition is too vague to be well enforced. The Standing Committee on Industry, Science and Technology recognized this. When that committee examined this act in 2001, it recommended that the Registrar of Lobbyists, the Office of the Ethics Counsellor and the Department of Justice consult on this issue. That has happened. We have the results before us today.
The act states if there is communication with a public office holder, there is lobbying, plain and simple. Quite simply, the act of communication brings about the need to register.
Clearly not all communication is the same. The bill focuses on communication about legislation, regulations, policies, programs, grants, contributions and contracts. That is lobbying and the rules are clear.
On the other hand, if a person calls a public office holder for basic facts or information, there is no attempt to influence, so that is not lobbying and it is exempt.
The bill takes another step forward because it also cuts out something that the standing committee saw as a potential loophole in the act as it stood. This was the exemption when it is a public office holder who initiates the contact instead of a lobbyist. In essence, the concern was that if it is an attempt to influence, when all is said and done what difference does it make who made the first phone call?
The overall result is to clarify what lobbying is under the law and the requirements for registration. The bill will end confusion that may result when people who should register do not. That will be an important contribution to an even more transparent system.
I would now like to turn to the second major change. This one relates to creating a single registration system for corporations and non-profit organizations, along with simpler registration requirements and stronger de-registration requirements.
As things stand now, the act sets out two different systems. One covers people who are employed by businesses. The other covers people who are employed by non-profit organizations.
For businesses, the registration requirement kicks in if an employee spends 20% or more of his or her time lobbying, so normally only government relations staff and some other senior people may need to register. For non-profit groups, things are different.
The senior officer of a non-profit group has to register on behalf of his or her organization if the total time that staff spent on lobbying is 20% of the time of the single employee. Under Bill C-15 all organizations will follow the process now in place for non-profit groups. Whether for profit or not for profit, if the amount of time spent lobbying by all employees adds up to 20% or more of the working time of a single employee in that organization, then that organization has to register. It is a simple consistent standard for every organization, public sector or not.
To make it even more consistent, it will be the responsibility of the chief executive officer or the equivalent person to register. Under the law all persons who normally do lobbying would be listed too, but by making the CEO responsible for the organization's registration, that leader will be responsible for making sure that his or her organization is meeting its obligations under the law.
There is another element of the registration system: clear rules on how often lobbyists who are consultants need to update their registrations. Under this bill, a consultant who lobbies for clients has to register within 10 days of taking an assignment or a project. These consultant lobbyists would also be responsible to update their registrations at least every six months.
The third and final point that I want to make is a new provision in the law that relates to situations that are uncovered that may point to possible law breaking. Bill C-15 would explicitly direct the ethics counsellor to contact the police when he or she suspects that the law is being broken because of information turned up in one of his or her own investigations on lobbying activities. It could be the Criminal Code. It could be some other federal or provincial law. The result is the same: a requirement to contact the police.
These are the only major changes that would be brought about by the Lobbyists Registration Act. Of course, they are not the only changes. There are other minor technical changes here and there. Some take care of small wording problems. Others resolve inconsistencies between the English and the French versions of the law. However the key point is simple. Bill C-15 makes Canada's lobbyists registration system stronger, more transparent and more effective.
I urge all members of the House to pass the motion promptly so that these proposals can be sent to committee and discussed where all members of the House, all members from every party can make recommendations and examine the provisions under this bill.