‘Frustrated’ commissioner says loopholes allow ex-officials to lobby for corporations

OTTAWA — Lobbying commissioner Nancy Bélanger says the law needs to be changed to ban former public office holders from lobbying on behalf of corporations.

The commissioner,who appeared visibly frustrated, testifiedbefore MPs on the House of Commons ethics committee Tuesday about the appointment of former Liberal industry minister Navdeep Bains to a position at Rogers.

“I am frustrated,” she said. “This Lobbying Act has to be amended … There are gaps and there are loopholes.”

According to the act,an elected official is not permitted to engage in lobbying activities for five years after leaving public office, but Bélanger said that rule applies differently if they go to work for a corporation.

The commissioner said elected officials who go on to work for a corporation can lobby so long as that activity does not make up more than 20 per cent of their job.

“The issue here is not Mr. Bains, and he has said publicly that he will not communicate with federal officials. But the act would allow him to, up to twenty per cent of his time,” she said.

“So one day a week … that’s a lot of phone calls. And that’s a problem.”

Bélanger said there are other loopholes to address in the law as well, including that a corporation or organization only has to register if it engages in 30 or more hours of lobbying a month.

Bains, who served in Prime Minister Justin Trudeau’s cabinet from 2015 until early 2021, was appointed as the company’s new chief corporate affairs officer in April.

His appointment led to critics raising concerns about a perceived politics-to-industry pipeline that sees former public office holders go on to take lucrative jobs in the private sector.

Although Bains’srole involves overseeing government affairs, a Rogers spokesperson confirmed in April that he would not communicate with the government on behalf of the company, so as to remain complaint with the Lobbying Act.

Both Bélanger and a representative from the Office of the Conflict of Interest and Ethics Commissioner said that if Bains keeps his commitment not to engage in direct lobbying, he will be in compliance with the rules.

Lyne Robinson-Dalpé, who testified on behalf of ethics commissioner’s office, said a two-year “cooling off” period applies to former ministers, during which they are not allowed to accept employment offers.

Robinson-Dalpé said the two-year period had passed for Bains, which allowed him to take the Rogers job.

However, she noted there are some rules that still apply. For example, a former public office holder is no allowed to give advice that’s based on information they obtained while in office that is not public, she said.

This report by The Canadian Press was first published June 20, 2023.

Nojoud Al Mallees, The Canadian Press