Quebec’s Lobbying Commissioner calls for greater transparency

The current lobbying rules are outdated and insufficient in terms of transparency, according to the Lobbying Commissioner, who is calling for reform.

“I’m reaching the end of what I can do with the (lobbyists’) registry in terms of improvement and transparency,” Commissioner Jean-François Routhier said in an interview with The Canadian Press.

He is calling for reform because, in his opinion, the time is right and the minister responsible, Jean-François Roberge, seems open to it, but also because “all we need is a little nudge for parliamentarians to take ownership of the issue,” he added.

The original law regulating lobbying is over 20 years old, and the Commissioner had called for a “reflection” in 2019, but nothing has happened since.

“Strengthening democracy is the right time to talk about it,” he argued.

Especially, Lobbyisme Québec, the organization under the Commissioner’s authority, brandishes a Léger survey showing that 88 per cent of lobbyists themselves believe that transparency is “essential to a positive perception” of their activity by the public.

The organization advocates for more realistic, better-adapted rules and requirements.

Under the Radar

For example, currently, disclosure is mandatory if lobbying activity is “a significant part” of the activity.

And if not? It goes under the radar, and lobbyists for companies or organizations get away with it, escaping disclosure.

“So the CEO of a multinational who doesn’t lobby as a ‘significant part’ of his duties can text the Premier and fly under the radar. I think the public should know that.”

Relevance

Furthermore, communications aimed at influencing public decision-makers should be regulated based on their “relevance to citizens,” rather than based on the individuals who carry them out, according to a document obtained by The Canadian Press.

But how can we determine what is relevant or not to the citizen?

Routhier responds that the government already sets guidelines, for example, in contract awarding contexts, a threshold below which it is not necessary to comply with a set of rules, calls for tenders, publications, etc.

Currently, lobbying regulations apply to all contracts and permits.

“Is a permit to change the colour of the brick on a factory or garage in a municipality, even if it’s a business, relevant to the citizen? Probably not.”

Also, according to him, another example of possible tightening is that communication with a decision-maker is more relevant if addressed to the Premier or a minister’s office than if addressed to a public servant.

Similarly, if one wants to change laws and regulations outside the established legislative process, there is reason to disclose lobbying more than in other circumstances and contexts.

The Commissioner also believes that, in addition to reporting the intention to influence, the outcome should be reported: did the meeting or exchange take place? However, he would not require a report on the exchanges, as is the case at the federal level.

Finally, he wants to expand the scope of the law to certain non-profit organizations, such as institutes, think tanks, trusts, and foundations, “whose primary objective is to influence.”

However, community organizations, which provide direct assistance or service to citizens, would remain exempt.

Changing the Culture and the Burden of Responsibility

Finally, he wants to shift the burden of responsibility from the lobbyist who is given a mandate to the company that benefits.

This would shift from criminal sanctions to administrative sanctions in the event of non-compliance with the law, and the company would be in the spotlight.

“This means we could penalize the company for being late,” he suggested.

“We could penalize the company by requiring employee training. We could penalize the brand, meaning there will be better long-term governance in companies, because, after a few sanctions, the company’s name is in the newspaper.”

Routhier would thus like to “completely change the culture surrounding lobbying.”

As of August 2024, there were more than 5,500 registered lobbyists targeting one or more of Quebec’s 2,078 parliamentary, governmental, paragovernmental or municipal institutions.

–This report by La Presse Canadienne was translated by CityNews