A Lobbyist Registry - What does it mean to you?

1. “A lack of any hidden agendas with all information being available”
2. “Required condition for an open and free exchange”

Black’s Law Dictionary

Any communication with a public office holder by an individual who represents a business or financial interest with the goal of trying to influence any legislative action, including, but not limited to, development, introduction, passage, defeat, amendment or repeal of a bylaw, motion, resolution or the outcome of a decision on any matter before Council or a Committee of Council, or staff member acting under delegated authority. 

It is an online tool that provides accountability and transparency to lobbying activities by giving the public access to information about who is communicating with Members of Council and Town Staff.

Lobbyists will be required to register with the Lobbyist Registry and disclose lobbying activities by identifying themselves, the client for which they are lobbying, the subject matter, the individual they lobbied, the method used for communication and the dates the communications occurred on.

Any form of expressive contact, including but not limited to a meeting, email, or other electronic messaging, facsimile transmission, letter, phone call, or other meaningful communication or any other meaningful dialogue or exchange that materially advances a matter that is defined as lobbying, whether in a formal or informal setting.

•   A member of Council and any person on his or her staff;
• An Officer or employee of the Town in a management position or with decision making powers;
• Employees who have direct contact with Council in the operations of Council and committees;
• Employees who work on municipal elections in a supervisory role;
• An Accountability Officer appointed under The Act,  including but not limited to the Integrity Commissioner, the Lobbyist Registrar, Ombudsman, and Closed Meeting Investigator;
• Individuals providing professional services to the Town during the course of providing such services.

Lobbying, if conducted in a transparent way, can be a positive contributor to debate and is an important part of the governing process. The lobbying of Members of Council and staff on municipal issues can enhance the deliberative process by providing the perspective of stakeholders that might otherwise be lost. Greater transparency of that process, however, will enhance the public’s perception that decisions are being made in an accountable way.

Yes.  As of Jan. 20, 2020 the Lobbyist Registry is mandatory.  Lobbyists will be required to register their activities. Penalties will not be enforced, however, until June 1, 2020 to allow for an education period. During the first six months after the implementation, Lobbyists will be expected to register their name and the reasons for their contact with the public office holder but it is understood that this period of time will be dedicated to learning how and when to use the tool.

The Lobbyist Registry is proposed to come  into effect January 20, 2020.

It is intended that the Town’s Accountability Officer will be the Lobbyist Registrar. Section 223.11(1) of the Municipal Act permits a municipality to appoint a Lobbyist Registrar. Generally, the Lobbyist Registrar will oversee the administration of the lobbyist registration system and provide advice, opinions and interpretations regarding the lobbyist registry. The Registrar will also investigate complaints and to impose sanctions if lobbying activity has not been disclosed or if an individual has contravened the Lobbyist Code of Conduct. Should the Registrar impose a sanction, it will be in the form of a temporary ban on communication. Notice of the temporary ban will be circulated to Members of Council and Town Staff and posted on the Town’s Lobbyist Registry web pages. Sanctions could be applied along the following incremental scale: For a first breach, the Lobbyist is banned from communicating with public office holders for 30 days For a second breach, the Lobbyist is banned from communicating with public office holders for 60 days In the event of a third breach, the Registrar has the discretion to determine an appropriate sanction that will be more than 60 days

Waiting to research this question

• Public officials from other levels of government and within the public sector
• Not-for-profit groups, unless the group has paid staff and the communication in question falls under the definition of lobbying
• Community groups and associations whose communications state a position for a general community benefit, either town-wide or local
• Municipal public office holders (i.e.-Members of Council and Town Staff)

If you believe lobbying activity has occurred and has not been entered into the Lobbyist Registry, or have concerns about the information contained within the Registry, please contact the Lobbyist Registrar accountability@collingwood.

The Lobbyist Registry will be a low-cost, easy-to-use tool for the public, Members of Council and Town Staff. The Registry is being implemented with a six month education period at the beginning to ensure proper adjustments are made and that any party affected by this new program will have the opportunity to learn how to utilize it effectively. Over time, adjustments may be made to ensure effectiveness and efficiency.

Most interactions with Town Staff and Members of Council will not need to be registered. These include:

• Speaking on the public record during a Council, or Committee of Council Meeting
• Any communication that occurs on the record and during a public process, such as a public meeting or an open house
• If you are participating as a stakeholder in a meeting initiated by the Town
• If you are seeking information
• If you are following a Council-approved process, such as a site application or building permit
• Providing compliments or complaints about a Town program
• Advocacy activities, which are generally carried out by community groups and associations and are communications that state a position for a general community benefit, either Town-wide or local. 

If you are an individual who represents a business or financial interest and are communicating with a Member of Council or Town Staff with the intent of influencing a decision on governmental matters outside of normal processes, including the development, introduction, passage, amendment or repeal of a by-law, motion, resolution or the outcome of a decision on any matter before Council, a Committee of Council, or staff member acting under delegated authority, then you are required to register your activity with the Lobbyist Registry.

It is important to remember that Lobbying is a legitimate activity that is part of an individual’s, group’s or company’s right to communicate with their elected officials and municipal staff.

The Registry will focus on those individuals representing a financial or business interest, as well as trade unions and labour associations. Within those groups, the registry will identify three types of lobbyists:

• A consultant lobbyist who lobbies for payment on behalf of a client
• An in-house lobbyist who is an employee, partner, or sole proprietor and who lobbies on behalf of their own employer, business, or organization
• A voluntary unpaid lobbyist who lobbies without payment on behalf of a business, for-profit organization, or not-for-profit with paid staff for the benefit of the interests of the for-profit entity, organization, or not-for-profit

Not-for-profit organizations with paid staff are also required to register any communications that fall under the definition of lobbying.

No, there is no requirement for pre-registration; although it is encouraged where possible. The requirement is that the registration occur within 15 days of the initial lobbying activity.

Steps to creating a profile will be published on this page once the tool is fully developed.

These are still in development, as the list can be adjusted according to use but in the meantime, the categories include: Budget, Building permits/inspections, By-laws/Regulations, Economic Development, Emergency (fire), Environment, Financial Services, Grants/Funding, Human Resources, Information Technology, Roads/Sewers, Licenses, Parking, Parks, Planning and Development, Procurement, Public Works, Recreation, Tax, Training, Water/Sewer.

When creating your profile, you will need to identify your name and business address as well as the category of lobbyist you fall under. If you are working on behalf of a client, you will identify the client name and address. You are also required to declare whether or not you have ever held a senior position with the Town;

When submitting your lobbying file, you will be required to identify the subject matter (e.g. zoning by-law). When disclosing your activity, you will include the person you lobbied, how you lobbied (e.g. e-mail), the date of the activity, and the ward affected by the subject matter.

In cases where the intent of the communication is unclear, the matter should be referred to the Lobbyist Registrar’s attention for direction. The Lobbyist Registrar can be contacted at accountability@collingwood.ca

The public will be able to see your name and business address, your client and their contact information, the subject matter, who you lobbied, how you lobbied and when. If you held a senior position with the Town, this information is also publicly available.

You will only be required to register the initial communication or discussion. For instance, if you have an extended e-mail exchange on the same topic, the lobbying activity should be logged as e-mail exchange on the date the exchange commenced and the projected end of the lobbying period.

However, if the topic changes during the course of the exchange, you will be required to register the new topic.

Any communication surrounding your role as a stakeholder in this situation is not considered lobbying and does not need to be registered.

If information was submitted in error, please contact the Lobbyist Registrar at accountability@collingwood.ca to explain the error and request it be changed.

No, there is no cost to registering with the Lobbyist Registry.

We are proposing 15 days because we have determined that this is the number of days that suit the purpose of our registry. The creation of the Lobbyist Registry is about transparency and building trust, we do not want to hinder communications. We researched many different jurisdictions and discovered that the delays vary significantly across the Country to suit different capabilities and needs. For instance, in Quebec, the law requires that all returns must be registered within 30 days of the activity, whereas in Hamilton, the requirement is that all Lobbyists register 1 day prior to any contact with a public office holder. After conducting our research; we determined that this number of days gives ample time to register and we expect that this process will not impact natural conversations between stakeholders and public office holders. Once the Registry is up and running, we will be monitoring the activity and if required, we will adjust the programme to suit the needs of the Town of Collingwood.

Q: if someone is a member of the yacht club which would receive both direct and indirect benefits from the Town servicing the spit with water and sewer and they are also a member of a community group suggesting that the concrete grain towers be serviced instead of being demolished to save taxpayers money, then do they have to register as a lobbyist for the yacht club when they are having discussions using the community groups name? blue bay sun rise asked.

Thank you for your question. If a person is a member of a yacht club and is acting on behalf of the yacht club to inform the Town of the perceived benefits to the yacht club of preserving the grain towers, that person would be considered a voluntary, unpaid lobbyist. If, however, that person is communicating, without payment, but on behalf of a community organization using the Council-approved processes such as during Council or Standing Committee, or if the person is speaking on public record during a public meeting or open house, then that would not be considered lobbying under the Town's proposed by-law, and it would not need to be registered. If a person is concerned that their actions might be considered lobbying, we will welcome any questions to confirm and there is no harm in filling out the submission form on the Registry's website in any case, as the Registrar will follow up with any questions and determine if the activity in question consists of lobbying.

Q: Since Lobbyists also contact Town Staff who have great input into stuff such as Staff reports and such. They hold great sway with these tools that will influence Council also. There should also be a penalty for Council members and Staff who do not report if they have been contacted by a Lobbyist. One of the questions not asked of the Lobbyist who said he was engaged to deal with Council on the Sprung deal. No one asked who was lobbied on Council ??? S\o if you are going to implement a policy it should include all possible people who could be Lobbied on Council and Staff Rick asked.

Thank you for your question. You raise the important issue of the roles of Staff and Council in the face of Lobbying. Our new Lobbying By-law will list the responsibilities of the public office holder and they will include: advising lobbyists of the requirements to register with the Lobbyist Registry at the beginning of the lobbying activity; ceasing lobbying-related communication with a lobbyist who is prohibited from lobbying and reporting in a timely manner such lobbying to the Registrar; and responding and providing information in a timely manner to the Lobbyist Registrar with regards to an inquiry conducted by the Registrar.  Council must also adhere to the Code of Conduct which requires them to serve the public interest by upholding the laws and policies adopted by the Town. Staff also have to adhere to the Code of Ethical Conduct which requires them to uphold the objectives and policies of the Town. Having these Codes in place and the Accountability Officer on hand, will help to make sure that all discussions and negotiations will be monitored and transparent to the public.

Q: It seems to me that lobbying has a negative connotation in Collingwood? Why wouldn't Collingwood ban lobbying altogether and allow presentations on matters before Council in the Committee meetings. It seems that Lobbying allows an advantage to companies that can afford to pay for privileged meetings with senior staff and/or Council. Scheduling times during committee meetings allows the conversation to be open and transparent. L1N 6Z2 asked.

Thank you for your question. A big part of this consultation will consist of education regarding lobbying activities and governments. Lobbying, when done properly, it is a legitimate, legal activity that is an important part of our democracy. Lobbying can provide decision-makers with valuable insights and data, and it gives stakeholders access to the participation in public policy development and implementation. The purpose of creating this Registry is to ensure transparency to the public regarding who is contacting decision-makers on particular matters. Lobbying legislation exists all over the world, and the goal of this legislation and the implementation of a registry is not to prevent lobbying, but to disclose it before decisions are made in order to ensure transparency. Lobbying activity is not reserved for any particular type of company. Any stakeholder, big or small, may contact a public office holder on any given matter, and if the stakeholder’s intention is to persuade decision-making and if they could benefit financially because of this communication, they will need to register.