Registration

SOR/2008-117 April 17, 2008

LOBBYING ACT

Designated Public Office Holder Regulations

P.C. 2008-770 April 17, 2008

Her Excellency the Governor General in Council, on the recommendation of the President of the Treasury Board, pursuant to subsection 2(1) (see footnote a) and paragraph 12(c.1) (see footnote b) of the Lobbying Act (see footnote c), hereby makes the annexed Designated Public Office Holder Regulations.

DESIGNATED PUBLIC OFFICE HOLDER REGULATIONS

1. For the purposes of paragraph (c) of the definition “designated public office holder” in subsection 2(1) of the Lobbying Act, the positions and classes of positions set out in the schedule are designated as positions occupied by a designated public office holder.

2. These Regulations come into force on July 2, 2008.

SCHEDULE
(Section 1)

POSITIONS AND CLASSES OF POSITIONS DESIGNATED AS OCCUPIED BY DESIGNATED PUBLIC OFFICE HOLDERS

Item	Positions and classes of positions
1.	Chief of the Defence Staff
2.	Vice Chief of the Defence Staff
3.	Chief of Maritime Staff
4.	Chief of Land Staff
5.	Chief of Air Staff
6.	Chief of Military Personnel
7.	Judge Advocate General
8.	Any position of Senior Advisor to the Privy Council to which the office holder is appointed by the Governor in Council
9.	Deputy Minister (Intergovernmental Affairs) Privy Council Office
10.	Comptroller General of Canada
11.	Any position to which the office holder is appointed pursuant to paragraph 127.1(1)(a) or (b) of the Public Service Employment Act

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Description

The Designated Public Office Holder Regulations prescribe certain high-level positions in the Canadian Forces and the Government of Canada, so that the persons occupying these positions are included as “designated public office holders” under the Lobbying Act (the Act).

The Federal Accountability Act, which received Royal Assent on December 12, 2006, includes amendments to the Lobbyists Registration Act (to be renamed the Lobbying Act after these amendments come into force) to ensure that lobbying activities involving the federal government are conducted in a transparent and ethical manner. One of these changes is to increase transparency by creating new obligations for lobbyists to provide information to the Commissioner of Lobbying about the communications they have with public office holders at the most senior levels of government. Under these provisions, the Commissioner of Lobbying may request that these public officials confirm or correct information that has been provided by a lobbyist. The amendments also seek to ensure that senior-level public office holders do not use advantages and personal connections derived from their government positions for lobbying purposes, by making these officials subject to a five-year prohibition on lobbying the federal government after leaving office.

For the purpose of these changes, the Lobbying Act creates a new statutory category of “designated public office holder” to refer to officials responsible for high-level decision-making in government. This term is defined in the Act (in subsection 2(1)) to include ministers, ministers of state, and ministerial staff, as well as deputy ministers and chief executives of departments and agencies and officials in those organizations at the ranks of associate deputy minister and assistant deputy minister.

A regulatory authority is provided in paragraph 12(c.1) of the Act whereby the Governor in Council may designate, individually or by class, additional positions as being occupied by “designated public office holders,” if doing so is necessary for the purposes of the Act. This authority allows for the scope of the “designated public office holder” category to be increased by prescribing positions associated with high-level government decision-making that are not set out in the statutory definition. The positions designated are listed in a schedule to the Regulations, and include seven positions in the Canadian Forces, the Deputy Minister (Intergovernmental Affairs) within the Privy Council Office, and the Comptroller General of Canada. Also designated are all positions to which persons are appointed by the Governor in Council as Senior Advisors to the Privy Council Office, or as deputy ministers, deputy heads, associate deputy ministers or associate deputy heads pursuant to paragraphs 127.1(1)(a) or (b) of the Public Service Employment Act. The purpose of these designations is to ensure that certain high-level officials who would not otherwise be captured by the statutory definition of “designated public office holder” are included in this category.

Alternatives

If these Regulations were not adopted, the positions prescribed therein would not be included as “designated public office holders” under the Act. That is, in this alternative the scope of the “designated public office holder” category would include only those categories of officials listed in the statutory definition, and the senior-level positions identified in the Regulations would not be subject to the Act’s new filing requirements and five-year lobbying prohibition. This alternative would not further the policy aim of ensuring that these high-level positions are included under the Act.

Benefits and costs

The main benefit of these Regulations is to further the goals of the Act in terms of providing Canadians with information about lobbying activities involving high-level decision-makers in the federal government, and ensuring that such persons do not use advantages derived from their positions for the purpose of conducting lobbying activities after they leave office.

Various costs and administrative resources are associated with the Act’s new provisions and the new Lobbyists Registration Regulations; however, the Designated Public Office Holder Regulations do not significantly add to these. By slightly increasing the number of “designated public office holders,” there could be corresponding increases in the administrative burden of compliance on the part of some government organizations and industry stakeholders, but such increases would be marginal in the context of the overall compliance requirements associated with the Act’s new provisions, which already include within their scheme hundreds of “designated public office holders” via the statutory definition of that term.

Consultation

On January 5, 2008, the proposed Regulations were pre-published in Part I of the Canada Gazette, with a period of 30 days provided for public comment. During this period, comments were received from industry stakeholders indicating that the status of officials as designated public office holders should be clearly communicated to those required to register and file returns under the Act. These comments will be taken into account in the ongoing implementation of the Act.

Following the publication of the proposed Regulations, a new appointment was made by the Governor in Council to the position of Deputy Minister of the Afghanistan Task Force. In order to ensure that this and any similar positions that may be created are included within the scope of the Act as “designated public office holders,” an additional item has been included on the Schedule to the Regulations so as to designate deputy ministers, deputy heads, and associate deputy ministers and heads who are appointed pursuant to paragraphs 127.1(1)(a) or (b) of the Public Service Employment Act.

The organizations associated with the relevant positions have been consulted and are in agreement.

Compliance and enforcement

There are no specific compliance or enforcement aspects associated with these Regulations. Overall compliance and enforcement of the Lobbying Act and its Regulations will be the responsibility of the Commissioner of Lobbying.

Contact

“Designated Public Office Holder Regulations”
Strategic Policy
Corporate Priorities, Planning and Policy Renewal Sector
Treasury Board of Canada Secretariat
140 O’Connor Street
Ottawa, Ontario
K1A 0R5
Telephone: 613-957-8485
Fax: 613-952-1010
Email: StrategicPolicy-PolitiqueStrategique@tbs-sct.gc.ca

Footnote a
S.C. 2006, c. 9, s. 67

Footnote b
S.C. 2006, c. 9, s. 79

Footnote c
R.S., c. 44 (4th Supp); S.C. 2006, c. 9, s. 66

NOTICE:
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