Ex-minister Bains’ appointment to Rogers reflects problems with lobbying rules: commissioner

Lobbying commissioner Nancy Bélanger called for changes to Canada’s lobbying rules during a House of Commons ethics committee meeting discussing the appointment of ex-minister Navdeep Bains as Rogers Communication Inc.’s chief corporate affairs officer. Tuesday’s meeting featured an appearance from Bélanger and Lyne Robinson-Dalpé, Director of Advisory and Compliance from the Conflict of Interest and Ethics Commissioner’s office. The two witnesses confirmed that Bains and his new employment are in line with the law. However, Bélanger explained that although the rules of the Lobbying Act have not been broken, the act itself is flawed, with gaps and loopholes that allow lobbying to occur without people knowing. “This Lobbying Act has to be amended,” said the frustrated commissioner. “The issue here is not Mr. Bains – and he has said publicly that he will not communicate with federal officials.” She noted that the act still allows him to lobby 20 per cent of his time, which works out to about one day per week. “That’s a lot of phone calls. And that’s a problem.” The act prohibits former public officials from lobbying with current public officials on behalf of their employer for five years after they leave office, unless that employer is a corporation, in which case it is only banned if it takes up “a significant part of the individual’s work.” Since 2008, the Lobbyist’s Code of Conduct has determined that threshold to be 20 per cent or more of their work duties. “There is no clear, rational explanation as to why the five-year restriction applies differently depending on whether the former designated public office holder is employed by an organization as opposed to a corporation,” said Bélanger, demanding it be addressed. The commissioner last formally recommended amendments to fix the “20 per cent” rule back in February 2021, but has been calling for its end since 2018, shortly after she took office. Those comprehensive recommendations also included an end to the registration threshold for organizations and corporations, which states that there has to be at least 30 hours of lobbying before they have to register as a lobbyist; requiring more information to go onto registry of lobbyists; and requiring impromptu communications to be added to the communications register. “I feel like a broken record when I keep repeating the issues with the act.” Regarding the Conflict of Interest Act, Bains “has passed the two-year cooling-off period and is at liberty to accept employment,” said Robinson-Dalpé, referring to the two-year prohibition of former ministers being employed by groups they dealt with in office. She explained that the only rules he still has to abide by are those prohibiting him from taking improper advantage of his previous role for personal gain, “switch(ing) sides” on a matter he worked on by aligning with an opposing organization, and providing information obtained while in office that is not publicly available. Both witnesses agreed that the two acts still leave room for regulatory capture, something they hope to address with future legislation. – Reporting by Phalen Tynes-MacDonald at pcreed@thewirereport.ca and editing by Jenna Cocullo at jcocullo@thewirereport.ca.

Ex-minister Bains’ appointment to Rogers reflects problems with lobbying rules: commissioner

News | June 21, 2023

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Ex-minister Bains’ appointment to Rogers reflects problems with lobbying rules: commissioner

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