THE CANADIAN COMMISSIONER OF LOBBYING: A MODEL FOR THE EU

The Office of the Commissioner of Lobbying of Canada is an officer of the Parliament of Canada established in July 2008 by the Lobbying Act. The Commissioner is appointed by both Houses of Parliament for a term of seven years.

Mandate

The Commissioner of Lobbying's mandate is to ensure transparency of the lobbying of federal public officer holders. This contributes to increasing the confidence Canadians have in the integrity of decision making.

The Commissioner's mandate is threefold:

1. Maintaining the Registry of Lobbyists, which contains and makes public the registration of information disclosed by lobbyists;
2. Developing and implementing educational programmes to foster public awareness for the requirements of the Act on the part of lobbyists, their clients and public office holders. The Commissioner develops outreach tools to better understand the rational and requirements of the Act;
3. Conducting reviews and investigations to ensure compliance with the Act and the Lobbyists' Code of Conduct. Administrative reviews and investigations are undertaken to examine alleged breaches of the Act or the Code. When the Commissioner concludes an investigation, she must table a Report on Investigation in both Houses of Parliament with her findings, conclusions and reasons for these. The Commissioner also reviews requests for exemptions from the five-year prohibition on lobbying from former designated public office holders. The Commissioner may grant an exemption only if doing so will not be contrary to the purposes of the Act. The Office has developed service standards for the exemption review process.

Governance Structure

The Commissioner reports annually to both Houses of Parliament. An Audit and Evaluation Committee provides objective advice and recommendations to the Commissioner. The Committee is comprised of three external members and the Commissioner.

The Office, when fully staffed has 28 full-time employes and an overall budget of about $ 4 million. It is divided into four groups:

1. The Office of the Commissioner includes the Commissioner, Legal Counsel, a Senior Advisor and an Executive Assistant. The Commisioner has the rank and powers of a Deputy Head of a federal department.
2. The Office of the Deputy Commissioner and Chief Financial Officer is responsible for all corporate services, including: integrated strategic and operational planning; financial and human resource management; information technology; strategic policy; internal and external communications advice; audit and evaluation, security; facilities management; and workplace safety. The Deputy Commissioner and Chief Financial Officer is also responsible for the coordination and delivery of all outreach activities.
3. The Registration and Client Services Directorate is responsible for developing and maintaining the Lobbyists Registration System (LRS). The LRS allows lobbyists to register their lobbying activities and perform transactions such as amendments, renewals and terminations. This group provides assistance to registrants, public office holders and the general public in using the LRS and in searching the Registry.
4. The Investigations Directorate is responsible for supporting the Commissioner in her mandate to ensure compliance with the Lobbying Act and the Lobbyists' Code of Conduct. The directorate monitors lobbying activities, veifies the accuracy of monthly communication reports submitted by lobbyists, and reviews and investigates allegations of non-compliance. It also reviews applications for exemptions to the five-year prohibition on lobbying for former designated public office holders.

Credentials of Current Commissioner

Commissioner Karen E. Shepherd holds a Master's degree in Public Administration (MPA) from Carleton University and a Baccalaureate of Arts (B.A.) from Concordia University. She has more than twenty years experience in the federal public service, where she has gained extensive administrative, policy and leadership experience. Prior to working in the area of lobbying, Commissioner Shepherd held a number of positions in the Industry Sector of Industry Canada, a sector primarily responsible for the development of programmes, policies, strategies and services aimed at helping Canadian businesses and industries expand, compete, create and retain highly qualified jobs. One of the key positions she held was Director of Aerospace where she led a team tasked with the promotion of international competitiveness and sustainable growth in the Canadian aerospace sector. Before joining Industry Canada in 1996, Commissioner Shepherd served in several positions with Revenue Canada, the Office of the Auditor General, the Department of Energy, Mines and Resources, and with Employment and Immigration Canada, gaining significant experience in human resources, policy and programme management.