Information & Ethics committee  My understanding of the Lobbying Act is that the designated public office holder was brought in to capture the communications of these decision-makers with lobbyists. Also, the prohibition faced the issue of the revolving door and whether the individuals could not use any advantages or contacts they had made in performing that particular function as a designated public office holder.

Information & Ethics committee  There have been no fines or jail terms. We had one case that was referred from the Royal Canadian Mounted Police to the prosecutor's office. That's one of the things: we have our test, but in terms of being successful in court, they also look at the intent and the success of prosecution.

Information & Ethics committee  If a lobbyist is unregistered, under the act it would be referred to the Royal Canadian Mounted Police for investigation. If they lay charges because a person is found to be in breach of the act, the fines are listed in the act. I think it's $50 to a $100 for a summary conviction and up to six months in jail.

Information & Ethics committee  In response to your first question, my team and I are very proud to have a director of investigations who takes his responsibilities seriously. He has been acting in that position since the act came into force in 2008. He set up a case management system that allows us to identify files by type, see how many are the subject of administrative reviews or investigations and allocate staff appropriately.

Information & Ethics committee  Yes.

Information & Ethics committee  I think, Mr. Chair, there are a couple of points there. One, the act requires that the individual be paid, so a volunteer or someone who is not paid, as Mr. Bergen indicated, but is working in their back shed.... One of the principles of the act is free and open access—

Information & Ethics committee  If they're paid, that individual is—

Information & Ethics committee  If the individual is a public officer holder, that activity, combined with other things, is a registerable activity. For in-house organizations and corporations, they would need to determine whether they are also hitting a significant amount of time. The difference, as I've been trying to say, is that the monthly reporting is between the designated public officer holder and the lobbyist.

Information & Ethics committee  Ministers and ministers of state are public office holders. Also, under the act, ministers and ministers of state and their staff are designated public office holders as well. So communication with a political advisor and the minister's staff would be a registerable....

Information & Ethics committee  Well, as I said, in terms of media monitoring, we're looking to see whether there are references to lobbying, and we do further analysis. In terms of my administrative reviews, we have 47 active files right now, and I think roughly 25% to 26% we've initiated if I've felt that there was a reason to look into something.

Information & Ethics committee  The individual must be paid, yes.

Information & Ethics committee  That is one of the criteria. The individual must be paid in order for it to be a registerable activity.

Information & Ethics committee  Yes.

Information & Ethics committee  And that could occur, as I was indicating to the other member, after an administrative review, or it might occur during an investigation.

Information & Ethics committee  My first step is the administrative review.