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Information & Ethics committee  The short answer is that we should eliminate the 20% rule, which would eliminate those questions. Then you simply rely on the definition of registral activity in the statute, which involves a communication between a public office holder, for compensation, and an employee or consultant, about one of an enumerated list of decisions or the arrangement of a meeting.

February 14th, 2012Committee meeting

Guy Giorno

Information & Ethics committee  No. I believe where we went further than the lobbying commissioner was in the monthly reporting. She wants to have all the lobbyists' names recorded, and we want it to go further and add not just the lobbyists' names but the names of public office holders present at the meeting who are not designated public office holders.

February 14th, 2012Committee meeting

Guy Giorno

Information & Ethics committee  In fact, Madam Chair, when we look at the registry of lobbyists—this is sort of instructive—about 85% of lobbyists on the registry are in-house lobbyists and 15% are designated as consultants. But of that 15%, roughly one third are not really consultants; they're actually directors of corporations, and, actually, I think most of them are directors of farm producer organizations, who must register as consultant lobbyists because the act doesn't permit them to be treated as in-house lobbyists for those organizations and entities.

February 14th, 2012Committee meeting

Guy Giorno

Information & Ethics committee  It's not something the CBA working group discussed. I think, speaking personally rather than for the CBA, neither of us would have a problem with that. It's quite common for regulators to have that protection to ensure they can fearlessly go about doing their job.

February 14th, 2012Committee meeting

Guy Giorno

Information & Ethics committee  That actually opens up a very large area. The reason it opens up a large area is that the Lobbyists Registration Act was the first lobbying transparency law in the country. Provincial legislatures then followed suit. Ontario and Nova Scotia have very weak acts because their acts basically reflect the way the federal law was 15 years ago.

February 14th, 2012Committee meeting

Guy Giorno

Information & Ethics committee  The short answer is, the working group couldn't come to a consensus because they are actually different arguments. The argument for consolidating under the Conflict of Interest Act and the Conflict of Interest and Ethics Commissioner is that she and that statute are responsible for most post-employment restrictions.

February 14th, 2012Committee meeting

Guy Giorno

Information & Ethics committee  I don't know. Certainly, this is something the committee is well placed to do. In fact, the committee can call them before it and talk about that. That may be something you may wish to pursue. All I know is what happened. There seemed to be a clear-cut case, and he was investigated.

February 14th, 2012Committee meeting

Guy Giorno

Information & Ethics committee  You might ask about their resources and their training. Certainly, this brings into play the advice they receive from prosecutors, and the standard applied by prosecutors, which I believe is a reasonable prospect, a substantial likelihood of conviction. Those are areas that committee members may wish to probe.

February 14th, 2012Committee meeting

Guy Giorno

Information & Ethics committee  That's an older version.

February 14th, 2012Committee meeting

Guy Giorno

Information & Ethics committee  The current recommendation is to move it from one to the other but not to specify which one.

February 14th, 2012Committee meeting

Guy Giorno

Information & Ethics committee  Sure, Madam Chair, very quickly. I was citing Alberta and B.C. only as examples. Committee members will make their recommendations. Newfoundland and Labrador, for example, has a provision that allows, as a penalty, for profits made by lobbyists to be disgorged and paid back to the crown.

February 14th, 2012Committee meeting

Guy Giorno

Information & Ethics committee  The CBA doesn't have a position on individual cases, but the CBA has made recommendations that I think will address, Madam Chair, a lot of the concerns raised by Mr. Martin. We believe that giving the commissioner the power to impose administrative monetary penalties will ensure that lobbyists who breach the code....

February 14th, 2012Committee meeting

Guy Giorno

Information & Ethics committee  Passage of this law reflected Parliament's determination that lobbyist registration and reporting were necessary to principles of democracy, the rule of law, government transparency and accountability, and confidence in the integrity of government decision-making. The CBA, being a strong proponent of the rule of law and democracy, supports the objectives of the Lobbying Act.

February 14th, 2012Committee meeting

Guy Giorno