Province may tighten lobbyist rules
The provincial government is open to introducing new legislation this fall that would close a loophole through which corporate executives can lobby officials without leaving a paper trial.
Forcing all lobbyists to register and report would fulfil a recommendation made last year, and mark a reversal for the government, which said previously it had no plans to make lobbying more transparent.
Lobbyist registrar Ron Barclay said recent talks with Justice Minister Don Morgan and deputy premier Gord Wyant left him “cautiously optimistic” about his recommendation being implemented in the next legislative session.
“I can’t give you any assessment why (the government) changed their mind; I’m just very pleased that they did,” said Barclay, a former judge who also serves as the province’s conflict of interest commissioner.
Morgan acknowledged the government’s previous position on the recommendation, but said the idea resurfaced earlier this year, when Barclay approached him, Wyant and newly elected Premier Scott Moe.
While no formal decisions have been made, discussions with groups that would be affected suggest “there does not appear to be a lot of opposition” and the proposal seems “workable,” Morgan said.
“I think I’d want to have the maximum amount of transparency … I think we want to be accountable to the public.
“The public has a right to ask those questions and we should be prepared to answer them,” he continued.
Under the Lobbyists Act, thirdparty consultants hired to lobby must register and disclose their activities, but in-house lobbyists — typically executives — can spend up to 100 hours lobbying with no disclosure.
“In my view this undermines transparency and is confusing to the public,” Barclay wrote in his latest annual report, which was published last July and recommended the 100-hour loophole for in-house lobbyists be closed.
“A great number of in-house lobbyists will not require 100 hours to achieve their company or employers’ interests and therefore will never reach the 100 hour requirement (for disclosure).”
That disclosure — which some companies provide proactively — typically includes a list of in-house lobbyists, and a list of which government officials and elected representative are being lobbied, and on which topics.
Last month, Alberta’s NDP government introduced a new bill that, if passed, would lower that province’s lobbying disclosure requirement to 50 hours per year from the current 100 hours, and include preparation time in that total.
If Saskatchewan eliminates the 100-hour threshold, it will be the first province to heed the advice of lobbyist registrars across the country, according to an Ottawabased lawyer specializing in public accountability.
The threshold “doesn’t make sense from a transparency perspective” and recording hours may be a bigger drain on businesses than simply registering, but not even the federal government has axed it yet, Guy Giorno said.
“The officials who are enforcing these laws and upholding the registries are consistently calling for this move because it makes so much sense,” said Giorno, a former chief of staff to Prime Minister Stephen Harper.
Barclay agreed, noting that eliminating the 100-hour threshold — which he has said previously was designed for the pre-internet age when registration was a cumbersome process — would make Saskatchewan a leader.
“I’m very pleased,” he added.