Information & Ethics committee  I will repeat myself. Obviously, there is a gap in the Lobbying Act, and I think it needs to be fixed. I'm applying the law as stated now, and I think, if it should be broader, then it needs to be looked at.

Information & Ethics committee  It was 2008.

Information & Ethics committee  I also wasn't there in 2017. What I think would happen—our process that we would undertake—is that, when we see someone leave, we actually try to reach out. There's a lot of movement, but when we see people go, we try to reach out to give them their obligation, which is simply to not communicate with federal officials.

Information & Ethics committee  Yes, but I don't know if I'm the one who....

Information & Ethics committee  There is a form online that anyone who wants to be exempted from the five-year prohibition can use to make a request to the office. There is a non-exhaustive list in the act that would allow for someone.... For example, they were a student and they were in the ministerial office for four months as someone who did administrative duties only.

Information & Ethics committee  It's not complicated, and all that's required is a review of the act. The act has been enforced since 2008 and a review is required every five years. It has only ever been reviewed once, in 2012, so it's been 11 years now.

Information & Ethics committee  The issue of payment is another aspect of the act that needs to be looked at. In the Yukon, the "directing mind" concept was added. If the individual, whether paid or not, has a level of authority or management capacity, then that individual is covered by the act. It's another aspect that needs to be looked at, but it would require a revision of the act.

Information & Ethics committee  Yes.

Information & Ethics committee  I totally agree with you that it's impossible to cover all situations. I nevertheless think that we really can do better.

Information & Ethics committee  If Mr. Bains decides to communicate with federal officials, the senior official at Rogers is going to have to add Mr. Bains' name to the registry. If he ever communicates with federal officials, you will know, because his name will be added to the registry. At that time, he will be subject to the code.

Information & Ethics committee  I'm sorry. I don't understand the question.

Information & Ethics committee  His name in the registry will just be added on, because he will be communicating with federal officials. Only if he communicates with cabinet members will there be an “oral and arranged communication” then added on to the registry. If his name is just added to the registry as someone who communicates with federal officials, until he has an “oral and arranged”, you will only know the departments that he is communicating with.

Information & Ethics committee  As I stated in my opening remarks, It's not my role to approve where people go to work. I just have to make sure that they do not communicate with federal officials, because if they do, it's an offence and then I investigate it and send it to the RCMP. My role is to make sure that, wherever they go to work, they understand the rule that they cannot communicate.

Information & Ethics committee  I am frustrated, and I apologize to the committee if I sound frustrated. This Lobbying Act has to be amended. There are gaps and there are loopholes, and there is a lot of lobbying that can occur without people knowing. Now is the time to start fixing it. I feel like a broken record when I keep repeating these issues with the act.

Information & Ethics committee  The obvious one is the “significant part of the duties” threshold for organizations and corporations. There have to be 30 hours a month of lobbying before an organization or a corporation needs to register. That's a lot. That gap needs to be closed. It should be transparency by default.