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Information & Ethics committee  Certainly, Madam Commissioner. When the commissioner completes an investigation in relation to the Lobbyists' Code of Conduct, the reports are required under the Lobbying Act to be tabled before each house of Parliament. Then it sits with each house of Parliament. So there is no criminal sanction for breach of the code, such as a fine or imprisonment.

October 27th, 2009Committee meeting

Bruce Bergen

Information & Ethics committee  No. If I may add a few words here, I think the Lobbying Act is quite specific about lobbying activities being in relation to payment with public office-holders in relation to the enumerated types of activities—such as changing a statute, changing policy, a grant—that are set out in sections 5 and 7 of the Lobbying Act.

October 27th, 2009Committee meeting

Bruce Bergen

Information & Ethics committee  Before July 2008, in order to decide to initiate an investigation, the registrar had to suspect there had been a breach, a violation of the Lobbyists' Code of Conduct. That related only to the Lobbyists' Code of Conduct. Now, in the Lobbying Act, the commissioner has the power to initiate an investigation if she thinks it is necessary to ensure...

October 27th, 2009Committee meeting

Bruce Bergen

Information & Ethics committee  ... if she thinks an investigation is necessary to ensure compliance with the Code or the act. I have the impression that the powers are broader, not just as regards the Lobbyists' Code of Conduct. And second, it is not necessary that the commissioner think an offence has actually been committed, under the Code.

October 27th, 2009Committee meeting

Bruce Bergen

Information & Ethics committee  You're welcome.

October 27th, 2009Committee meeting

Bruce Bergen

Information & Ethics committee  For an indictable offence.

October 27th, 2009Committee meeting

Bruce Bergen

Information & Ethics committee  It's prior to June 30--within three months of the end of the fiscal year, or something like that.

March 2nd, 2009Committee meeting

Bruce Bergen

Information & Ethics committee  The act contains criminal sanctions, in essence, for breaching the act. The most common or potential violation would be a failure to register, as when one is engaged in lobbying activities for which one should register. There are also provisions for fraudulent disclosures. That might be a little more difficult to do if you were seeking to do that.

March 2nd, 2009Committee meeting

Bruce Bergen

Information & Ethics committee  With respect to access to information, in the Federal Accountability Act there were a number of changes made, subsequent to section 16 of the Access to Information Act, to add specific provisions in relation to the work of the Conflict of Interest and Ethics Commissioner and this commissioner here as well, the Commissioner of Lobbying.

March 2nd, 2009Committee meeting

Bruce Bergen

Information & Ethics committee  I don't think that has really been a problem to date. The definition of public office-holder in the Lobbying Act has not changed from the Lobbyists Registration Act. So it's a long-standing definition. The definition of a designated public office-holder is a subset of that much larger group.

March 2nd, 2009Committee meeting

Bruce Bergen