The Regulation of Lobbying in Quebec, Canada

Annex A. Statement of Principles of the Québec Commissioner of Lobbying (2019)

PREAMBLE

The proposed lobbying regime should recognise:

A. Everyone must have access to pubic institutions

It is in the public interest for everyone to have access to public institutions in order to participate in their policies and decisions.

B. Submissions of interest contribute to the policies and decisions of public institutions

The submissions made to elected officials, officers and employees of public institutions generally contribute to bringing useful elements of information and understanding into reflection and decision making.

C. Lobbying activities relevant to the public must be transparent

In order to encourage the exercise of citizens’ fundamental rights and to maintain their trust in public institutions, the State and public institutions must ensure the transparency of submissions of interest relevant to the public that aim to exercise an influence on the policies or decisions of the institutions and constitute lobbying activities.

D. Transparency and sound practice ensure legitimacy

Transparency and sound practice in lobbying render it legitimate.

E. Transparency is a shared responsibility between all stakeholders

All stakeholders in lobbying activities, including entities and their interest representatives, beneficiaries of the activities and public institutions have the shared responsibility of ensuring transparency for the public’s benefit.

F. The regulatory framework must be mandatory and complied with

In order to ensure the transparency of lobbying activities, the State must maintain a mandatory regulatory framework that includes disclosure rules and an ethics framework as well as the powers necessary to ensure compliance.

G. The regulatory framework must be founded on the disclosure of relevant information in a timely manner

The regulatory framework must be founded on the relevance of disclosing lobbying activities so that everyone may be adequately informed in a timely manner.

H. The plan must be adapted to the reality of both activities and institutions

The regulatory framework must be adapted to the reality of lobbying different levels of public institutions and be in accordance with the nature of those lobbying activities.

I. The regulatory framework must be simple, clear and consistent with its environment

In the spirit of simplicity, clarity, relevance and efficiency, the framework must be consistent with others dealing with transparency and integrity put in place by public institutions.

J. The State must ensure a space for open and fair dialogue with its citizens

The State must maintain a space for fair and accessible dialogue with its citizens and, to this end, the lobbying framework must not wrongfully restrict access to public institutions.

Scope of the Act

1. Activities are clearly defined and target policies or decisions relevant to the public

Define the following as lobbying activities relevant to the public and require their disclosure:

• Any intervention, either direct or through an intermediary, with a public institution, whose goal is

• To suggest or change the development, content, drafting or implementation of any type of legislative, regulatory, strategic or administrative policy; or

• To influence the decision-making process of a public institution concerning any financial investment, contract, permit or other authorization determined by the Act or by regulation, or the appointment of any person holding a key position within the State.

2. The Act regulates grassroots lobbying

Regulate grassroots lobbying activities.

3. The framework must be adjusted by regulation according to the institutions and activities covered

By regulation, establish specific, adapted rules concerning the regulation and disclosure of certain lobbying activities towards different levels of public institutions, especially concerning any form of financial investment, contract, permit or other form of authorization that it is relevant to regulate.

4. The Act covers all relevant interest representatives

Regulate lobbying activities exercised by all interest representatives acting on behalf of an individual or entity, regardless of its nature, including a grouping of entities.

5. No minimum threshold of activity is required, nor do interest representatives need to be remunerated for the Act to apply

No minimum threshold of activity is required, nor do interest representatives need to be remunerated for the Act to apply.

6. All public institutions and their representatives are covered by the Act

Cover all public institutions and the elected officials, officers and employees of those institutions that lobbying activities may be directed towards, including the legislative, executive and administrative systems at the provincial and municipal levels.

7. The Act ensures a space for dialogue with public institutions

Exclude submissions of interest made without an intermediary:

• by an individual or group of individuals to promote their own rights or interests as citizens or taxpayers of the State.

• by an entity, in its role as citizen or taxpayer of the State, to promote its own rights or interests if its intervention is specifically provided for or required by law and carried out in accordance with specific processes.

• by a community organization primarily offering support services directly to the public.

Responsibilities and obligations in lobbying activities

8. An individual or entity must be registered in order to carry out an activity

Require all individuals and entities to register in the disclosure system established by the Act if they wish to carry out lobbying activities with or without an intermediary.

9. Entities are responsible for authorizing intermediaries to undertake lobbying activities on their behalf

Assign the represented entities the responsibility of authorizing any interest representative to carry out lobbying activities on its behalf and of ensuring the disclosure, truthfulness, reliability and follow-up of lobbying activities performed by their in-house interest representatives.

10. Entities can delegate responsibilities to external representatives

Assign external interest representatives the responsibility of ensuring the disclosure, truthfulness, reliability and follow-up of lobbying activities made on behalf of their clients.

11. Lobbying activities must be subject to ethical principles and obligations of conduct

Establish an ethical framework applicable to entities and interest representatives for the disclosure, carrying out and follow-up of lobbying activities in a way that maintains the highest standards of integrity and professionalism and promotes citizens’ trust in public institutions.

12. Entities and their representatives are jointly responsible for compliance with the Act

Assign the interest representative and the entity for which they are an administrator, associate, officer, employee or member the joint responsibility of ensuring compliance with the ethical framework for the interest representative in carrying out lobbying activities.

13. Regulations prescribe requirements on keeping information relevant to the activities

By regulation, prescribe the requirements for keeping information on lobbying activities for verification and inquiry purposes.

14. All public institutions must designate a reference person for the application of the Act

Designate the primary officer of any public institution or any person within that institution to whom the officer will delegate the responsibility as reference person for the application of and compliance with the Act within the institution.

15. The framework establishes ethical principles and obligations of conduct during and after the terms of office of elected officials and certain officers from public institutions

Establish disclosure and confidentiality obligations, an ethical framework and specific prohibitions applicable to lobbying activities undertaken by elected officials or officers designated by public institutions during and after the end of their term or duties for the public institutions with which they had or maintained connections or official relations. The framework must also allow the Commissioner of lobbying to grant a full or partial exemption from such obligations, rules or prohibitions when doing so is not contrary to the spirit of the Act.

Disclosure regime

16. The disclosure system is efficient and open, providing access to the relevant information in a timely manner

Establish a mandatory, public disclosure system for lobbying activities based on open data and providing free access, at all times, to relevant and verifiable information allowing anyone to be aware of and understand the lobbying activities and respond to them in a timely manner.

17. All relevant information must be disclosed

Require all relevant information to be disclosed, including the identity of interest representatives and entities undertaking or benefiting from lobbying activities, public institutions targeted and all information, financial or otherwise, that is deemed relevant for understanding the goals of a lobbying activity and the means used to carry it out.

18. The Act confers the responsibility for the plan on the Commissioner of lobbying

Confer the responsibility and administration of the disclosure system on the Commissioner of lobbying.

19. The Act must require disclosure of intent and follow-up for lobbying activities

Require the disclosure of any intention to undertake lobbying activities and the follow-up of any activity undertaken, especially if an elected official or an officer designated by a public institution is being lobbied.

20. Organizations may disclose the entirety of the activities carried out by their members

Allow an entity to disclose, for a specific mandate, the entirety of the lobbying activities undertaken by the individuals or entities that are its members, by assuming, on their behalf, the responsibility for and conformity of the lobbying activities.

Legislative compliance, responsibilities, powers and duties

21. The lobbying framework is under the jurisdiction of the National Assembly

Confirm that the framework for lobbying public institutions is under the authority of the National Assembly and maintain the Commissioner of lobbying’s responsibilities as the person designated to perform the functions provided for in the Act.

22. The Commissioner of lobbying acts independently in accordance with his or her powers and duties

Set out the Commissioner of lobbying’s duties in a way that ensures impartiality, independence of action and fairness of decisions, and set out the establishment by the National Assembly of the Commissioner’s powers, the appointment, replacement and remuneration procedure as well as the method of financing and accountability for activities.

23. The Commissioner of lobbying’s powers and duties are consistent with those of other designated persons

Set out the powers and duties for the Commissioner of lobbying that are adapted to the position and consistent with those of other persons designated by the National Assembly.

24. The Act provides for a range of powers necessary for the plan’s application

For the Commissioner of lobbying and the persons the Commissioner designates, maintain the powers and protection for commissioners appointed under the Act respecting public inquiry commissions as well as the powers of inquiry, verification and inspection, and introduce the power to make formal demands to provide information as well as the power to publish certain reports and recommendations or penalties when deemed relevant for the purposes of the Act.

25. Penalties imposed are proportional and adapted to the offences

Maintain penal and disciplinary penalties and introduce monetary administrative penalties that are proportional and adapted to the nature and seriousness of the offences, allowing for a sliding scale of penalties and their publication if deemed relevant for the purposes of the Act.

26. Mandatory training can be imposed as a disciplinary penalty

Grant the Commissioner, as part of disciplinary powers, the capacity to impose mandatory training on any interest representative.

27. Prescription periods must be consistent

Establish a prescription regime adapted to the nature of the offences provided for by the Act and consistent with similar existing regimes in Québec.

28. The Commissioner may issue notices, orders or exemptions

Set out the Commissioner’s power to issue guidelines, orders and interpretive notices covering interpretation, application and compliance with the Act, as well as the power to exempt the publication of information related to lobbying activities if its disclosure may be prejudicial to an individual, entity or public institution.

29. The Act allows recommendations to be issued

Grant the Commissioner the power to issue recommendations to a public institution, interest representative or any other individual or entity in order to ensure that the Act and its ethical principles and obligations of conduct are respected.

30. The Commissioner’s mission includes an educational portion

Introduce an educational mission specifically for the Commissioner of lobbying and the obligation to offer public institutions, interest representatives and citizens a program and tools for training and education on the regulatory framework established by the Act.

31. A training program is introduced for all stakeholders

Introduce a training program for elected officials and officers designated by public institutions, continuing education for external interest representatives and the responsibility for all registered entities to offer such training to their in-house interest representatives.

32. A regulatory power, subject to the National Assembly’s approval, allows the Act to be adapted as needed

Set out a regulatory power, subject to the National Assembly’s approval, for efficiently adapting and developing the legislative framework according to societal expectations and best practices concerning the lobbying activities’ framework.

33. The National Assembly may assign other powers and duties to the Commissioner of lobbying

Set out, for the Commissioner of lobbying, any other duty, power or function that the National Assembly deems necessary to ensure the Act is complied with.

34. A revision and consultation process allows the framework to evolve

Establish a regular, mandatory process for the Act’s revision as well as a submission and consultation mechanism allowing the Commissioner to formulate, in a timely manner, recommendations to a committee or any other appropriate authority under the jurisdiction of the National Assembly.