Interpretation bulletins

Purpose

This interpretation bulletin is intended to provide information regarding the obligations imposed on specific public office holders following the conclusion of their employment with the City of Ottawa.

Definitions

Lobbying

Lobbying occurs when an individual, seeking to substantively advance a financial or business interest, attempts to influence a matter before a public office holder outside of the City’s normal business processes.

In the Lobbyist Registry By-Law, lobbying is defined as:

“any communication with a public office holder by an individual who is paid or who represents a business or financial interest with the goal of trying to influence any legislative action including development, introduction, passage, defeat, amendment or repeal of a by-law, motion, resolution or the outcome of a decision on any matter before Council, a Committee of Council, or a Ward Councillor or staff member acting under delegated authority.”

Public office holder

Under the Lobbyist Registry By-law, public office holders of the City include the City’s elected officials and their staff, senior managers, employees with delegated authority and employees in direct contact with Members of Council. A full list of public office holders is included in the By-law.

Named Public Office Holder

For the purposes of the Lobbyist Registry By-law, a Named Public Office Holder (NPOH) is a public office holder named under Section 7. These public office holders include:

• The City Treasurer, the City Clerk, the City’s Auditor General, the City’s Integrity Commissioner, the City’s Chief Building Official, the City Manager
• The City’s Extended Senior Leadership Team, comprising all General Managers and their direct reports
• Elected officials of the City and their staff members

Background

In 2021, Council directed the Integrity Commissioner to consider and introduce a post-employment prohibition on lobbying under Motion 56/6.

The Municipal Act, 2001 provides the City with the authority to impose post-employment prohibitions on lobbying under Section 223.9(2), paragraph 7:

Requirement to file returns, etc.

(2) Without limiting sections 9, 10 and 11, those sections authorize the municipality to provide for a system of registration of persons who lobby public office holders and to do the following things:

7.  Prohibit former public office holders from lobbying current public office holders for the period of time specified in the by-law.

Following research into best practices in other jurisdictions, the Integrity Commissioner introduced a post-employment prohibition on lobbying as part of the 2022-2026 Governance Report, alongside several amendments to the Lobbyist Registry By-law.

The new section under Part III of the By-law reads:

Section 7 - Post-employment Lobbying Restrictions

No person who is a former public office holder of the City shall lobby the City for a period of one year after the date the person ceased to be:

1. 1. 1. A Statutory Officer of the City, including:
         1. The City Treasurer;
         2. The City Clerk;
         3. The City’s Auditor General;
         4. The City’s Integrity Commissioner; and
         5. The City’s Chief Building Official;
      2. The City Manager;
      3. A member of the City’s Extended Senior Leadership Team, including directors and managers;
      4. An elected official; and
      5. A staff member of an elected official.

Interpretation

If I am currently a public office holder captured under the post-employment prohibition on lobbying, what does this mean for me?

When you leave the City, you will be prohibited from lobbying the City for a period of one year. This includes lobbying for payment as an in-house or consultant lobbyist, as well as lobbying without payment as a voluntary, unpaid lobbyist.

When does the post-employment period begin?

The post-employment period begins the day after your employment with the City has officially ended.

What if I am terminated without cause and receive severance pay?

If you are terminated without cause and are entitled to severance pay, the post-employment period begins the day after your employment with the City has officially ended.

Am I subject to the post-employment prohibition on lobbying if I am acting in an NPOH position?

If your acting appointment exceeds six consecutive months over a twelve month period, then you will be determined to be an NPOH and the prohibition will apply to you as well. 

The post-employment period begins the day after an acting appointment has officially ended, whether you return to your former position or leave the City.

What if I incur more than one acting appointment as an NPOH?

Post-employment periods are not cumulative. The one-year prohibition is applied only to the most recent departure from an acting appointment.

Is the new restriction retroactive?

No. The post-employment prohibition came into effect on December 14, 2022. Public office holders who left the City before this date are not captured by the prohibition.

Contact information

For questions about the post-employment prohibition on lobbying, please contact the Lobbyist Registrar at lobbyist@ottawa.ca.

Approved by the Integrity Commissioner 

Last reviewed on October 31, 2023

Purpose

This interpretation bulletin is intended to provide guidance regarding the potential conflicts of interest that may result from lobbyists’ political activities during a municipal election campaign period.

The right of individuals to participate in political activities is a cornerstone of democracy—one which neither the Lobbyist Registry By-law (“the By-law”) nor the Lobbyists’ Code of Conduct override.

As such, this bulletin does not seek to prohibit lobbyists from engaging in political activity in support of one or more candidates for municipal office. Rather, it encourages lobbyists to be mindful of how their political activities may affect their future lobbying activity.

Interpretation

Lobbying, political activities and conflicts of interest

Lobbyists, like other members of the public, can engage in political activities to support a candidate’s campaign. A lobbyist’s engagement in political activities for a campaign, however, has the potential to create a sense of obligation on the part of the candidate towards the lobbyist. Should that candidate subsequently be elected to public office, concerns under the By-law and the Lobbyists’ Code of Conduct arise.

The risk of creating a sense of obligation—and a subsequent conflict of interest—increases with the frequency, quantity, and strategic importance of the political activities, as well as proximity between the lobbyist and the candidate. Section 6 of the Lobbyists’ Code of Conduct (“the Code”) prohibits lobbyists from knowingly placing public office holders in a conflict of interest.

Political activities that carry a higher risk of creating a sense of obligation

A lobbyist who provides significant or strategic support to an election campaign may find themselves in a position of influence in relation to the relevant candidate, and thus may pose a higher risk of creating a sense of obligation if that person benefitting from the activities is sworn into office.

These high-risk political activities include, but are not limited to:

• Serving as campaign chair, treasurer or fundraising manager for a campaign
• Organizing political fundraising events or soliciting donations for a campaign
• Acting as a designated spokesperson for a candidate

Political activities that carry a lower risk of creating a sense of obligation

Support that is not strategic and does not require significant interaction with candidates poses a lower risk of creating a sense of obligation.

These low-risk political activities include, but are not limited to:

• Volunteering, canvassing or scrutineering without significant interaction with a candidate
• Donating to a political campaign
• Placing a candidate’s sign on your lawn
• Purchasing a ticket to and attending a fundraising event when that expenditure is within the limits established by the Municipal Elections Act, 1996

Mitigating conflicts of interest

High-risk activities may be reasonably seen by members of the public to create a sense of obligation between Members and lobbyists. Whether apparent or real, the conflicts of interest that arise from these relationships may result in the erosion of public trust.

Currently, the City of Ottawa has not established a probationary period for lobbyists who have supported a Member’s campaign. However, given the potential risk of creating a conflict of interest, lobbyists should be mindful that their political activity can impact their future lobbying activity. Correspondingly, lobbyists are strongly encouraged to be cautious about the level and nature of political support they provide for the election campaigns of individuals whom they intend to lobby, should those individuals be elected to City Council.

Lobbyists who engage in high-risk political activities should refrain from lobbying public office holders who benefited from those activities and are encouraged to seek advice from my Office regarding these relationships.

Lobbyists who knowingly place public office holders in a conflict of interest, or in contravention of the Code of Conduct for Members of Council could face penalties for non-compliance with the Lobbyist Registry By-law. Penalties for non-compliance range from educational interventions to outright bans on lobbying, as outlined in the Interpretation Bulletin on Compliance Tools.

Contact information

I encourage you to contact my Office for advice and guidance about this Interpretation Bulletin. If you intend to participate in a political campaign, particularly in one or more of those activities with high risk, I can provide guidance respecting your specific situation.

Requests for interpretation of political activities, lobbying and conflicts of interest should be directed to lobbyist@ottawa.ca.

Approved by the Integrity Commissioner 

Last reviewed on October 31, 2023 

Purpose

The purpose of this Interpretation Bulletin is to guide stakeholders on the application of the Lobbyist Registry By-law on grassroots campaigns.

Definitions

Lobbying

In the Lobbyist Registry By-Law, lobbying is specifically defined as:

“any communication with a public office holder by an individual who is paid or who represents a business or financial interest with the goal of trying to influence any legislative action including development, introduction, passage, defeat, amendment or repeal of a by-law, motion, resolution or the outcome of a decision on any matter before Council, a Committee of Council, or a Ward Councillor or staff member acting under delegated authority.”

The Lobbyist Registry was designed to capture instances of communication that aim to influence a matter before public office holders, where the goal of the communication is to substantively advance a business and/or financial interest outside of the City’s normal business processes.

Grassroots campaigns

A grassroots campaign is a type of movement that seeks to organize members of the public around specific, often political, issues. Grassroots campaigns use collective action to influence a decision before public office holders by appealing to public support and political pressure.

Interpretation

An active civil society is indicative of a healthy democracy. Just as businesses may approach public office holders to advance a financial interest, members of the public may approach public office holders to advance a public interest.

While the By-law does not formally define or recognize grassroots campaigns, their actions can directly or indirectly influence decisions before public office holders. The result of lobbying of public office holders by grassroots campaigns can also have a significant impact on the financial interest of businesses. Like other groups that attempt to sway public office holders outside of the normal business process, the activities of grassroots campaigns may require registration when an exemption to the By-law does not apply.

The following list is a non-exhaustive, generalized set of examples to help guide grassroots campaign organizers and public office holders in understanding the relevant registration requirements and exemptions.

Not-for-profit organizations without paid staff

Grassroots campaigns by not-for-profit organizations without paid staff that advocate for the general public interest or for funding are usually exempt under Section 4(3) and 4(11) of the By-law:

Section 4 - Restriction of Application for Certain Activities

This by-law does not apply to the following activities:

3. Advocacy communication for or against a policy or program that state a position where the primary focus is a broad community benefit or detriment, whether city-wide or local, and where that position would have no direct, indirect or perceived benefit to the business or for-profit organization on whose behalf the communication is undertaken;

12. Communication regarding a financial interest by not-for-profit groups or organizations where such group or organization has no paid staff.

Not-for-profit organizations with paid staff

In-house representatives of not-for-profit organizations with paid staff engaging in a grassroots campaign must register their activities in cases where the aim is to obtain a financial return for their organization or organizations operating in the same sector of activity. (e.g. funding or grants).

Representation by consultant lobbyist

Activities of grassroots campaigns represented by a consultant or voluntary unpaid lobbyist must be registered under the lobbyist’s profile.

Members of the public

In cases where a grassroots campaign is required to register their activities, the responsibility for registration falls on organizing members of the campaign. Unaffiliated members of the public lending their support to grassroots campaigns do not need to register as lobbyists.

Contact information

Questions about this Interpretation Bulletin or requests for the interpretation of activities of grassroots campaigns should be directed to lobbyist@ottawa.ca.

Approved by the Integrity Commissioner 

Last reviewed on October 31, 2023 

Purpose

The purpose of this Interpretation Bulletin is to provide guidance on the application of the Lobbyist Registry By-law to lobbying communications on social media platforms.

Definitions

Lobbying

In the Lobbyist Registry By-Law, lobbying is specifically defined as:

“any communication with a public office holder by an individual who is paid or who represents a business or financial interest with the goal of trying to influence any legislative action including development, introduction, passage, defeat, amendment or repeal of a by-law, motion, resolution or the outcome of a decision on any matter before Council, a Committee of Council, or a Ward Councillor or staff member acting under delegated authority.”

The Lobbyist Registry was designed to capture instances of communication that aim to influence a matter before public office holders, where the goal of the communication is to substantively advance a business and/or financial interest outside of the City’s normal business processes.

Social media

“Social media” refers to Internet-based applications that allow users to post, share and engage with information.

Examples of popular social media platforms include Facebook, Twitter, Instagram, YouTube and LinkedIn. Comments posted on interactive websites and blogs are also a form of social media communication.

Interpretation

The task of ensuring the legitimacy of lobbying relies on the vigilance of all stakeholders. This is especially true online, as social media interactions have the potential to be seen not only by the public office holder, but other users on social media as well.

Because the Lobbyist Registry By-law does not exempt any specific method of communication from registration, any direct interactions with public office holders that fall under the definition of lobbying above must be registered—including those that take place through social media platforms.

These social media communications can include, but are not limited to:

• Posts on a public office holder’s profile that advance a lobbying interest;
• Mentions, tweets or tags that link a public office holder to a lobbying interest;
• Private messages to public office holders that advance a lobbying interest.

When registering a new activity, social media communications should be entered into the Lobbyist Registry using the new “social media” label.

Contact information

Questions about this interpretation bulletin or specific inquiries regarding a potential lobbying communication over social media should be directed to lobbyist@ottawa.ca.

Approved by the Integrity Commissioner 

Last reviewed on October 31, 2023  

This interpretation bulletin is intended to provide information regarding the requirements imposed on lobbyists by the Lobbyist Registry By-law and the Lobbyists' Code of Conduct, as well as the compliance tools used by the Office of the Lobbyist Registrar.

Under the Lobbyist Registry By-law, the Integrity Commissioner, acting as Lobbyist Registrar, is responsible for “the enforcement of this by-law”. (Section 10(5), Responsibilities)

Compliance and the Lobbyist Registry

Upon registration, lobbyists are provided with documentation regarding their responsibilities under the Lobbyist Registry By-law and the Lobbyists' Code of Conduct.

Broadly, those responsibilities can be separated into two categories: reporting requirements under the Lobbyist Registry By-law and conduct requirements under the Lobbyists' Code of Conduct. Non-compliance occurs when lobbyists fail to observe these requirements.

Reporting requirements

Lobbyists are required to “file a return regarding a specific lobbying communication within fifteen (15) business days of the communication occurring.” A complete return must include one lobbying file and one lobbying activity.

Furthermore, consultant lobbyists must “identify in the return the client for which the lobbying has been undertaken.”

Conduct requirements

Lobbyists are required to “adhere to the Code of Conduct during the conduct of lobbying activities with public office holders.” The Lobbyists' Code of Conduct sets out a minimum standard of behaviour when lobbying.

Lobbyists are expected to be honest and open with their clients and public office holders regarding their activities. Lobbyists and their registered clients are also required to refrain from the improper use of influence by offering gifts, benefits or hospitality to Members of Council or their staff.

Enforcement tools

The Lobbyist Registrar uses different tools to address breaches of the Lobbyist Registry By-law and the Lobbyists' Code of Conduct according to their severity.

Administrative fixes

The Lobbyist Registry acts as a public database for lobbying communications that take place with City of Ottawa public office holders.

Lobbyist Registry staff conduct regular reviews of the Registry to ensure that the information being reported is accurate and clear. If staff note minor discrepancies in the information indicated on a profile, they may contact that lobbyist directly to report the error and provide steps to bring the item into compliance.

Example: Unclear lobbying file

The “issue” field of a lobbying file should provide a concise description of the issue on which a person is lobbying.

Lobbying file descriptions that are vague (“lobbying on parking”) or too short (“zoning”) do not provide enough information to people searching the Registry.

Upon discovering these kinds of errors, Lobbyist Registry staff may contact a lobbyist and request them add more details to their lobbying files.

Example: Missing files or activities 

Lobbyist profiles may appear to be missing files and/or activities. These errors may be the result of pre-registration or difficulty in using the Registry.

Upon discovering these kinds of errors, Lobbyist Registry staff may contact a lobbyist to remind them of their responsibility to report their lobbying communications and offer assistance if needed.

Letter of Direction

The Letter of Direction acts as a first step in an escalating compliance scheme and addresses cases where a compliance agreement may not be suitable. The Letter is used:

• as an enforcement tool designed to address apparent or inadvertent breaches of the Lobbyists' Code of Conduct that come to my attention but where the Lobbyist Registrar’s authority does not fully extend;
• as an education tool, where a formal explanation can reinforce the provisions of the Lobbyist Registry By-law and help a company or lobbyist meet their compliance requirements moving forward; and
• as documentation to inform action to be taken in the case of a future breach.

These instances tend to involve companies with active in-house lobbyists or clients of consultant lobbyists who may not be fully aware of the restrictions placed on individuals and companies associated with active lobbying files.

Employees of large companies may not be aware that their company is represented in the Lobbyist Registry, and as such are required to abide by certain provisions in the Lobbyists' Code of Conduct. While the Lobbyist Registry By-law and the Lobbyists' Code of Conduct impose some obligations on companies and clients of lobbyists, the Lobbyist Registrar’s authority is largely restricted to enforcing compliance for registered lobbyists, however, the Lobbyist Registry By-law applies to any person who lobbies as defined by the By-law [Section 8(7)].

In these cases, the Lobbyist Registrar may choose to meet with a lobbyist or their client and issue a Letter of Direction. The Letter of Direction focuses on remedying the error through education, and usually includes:

• Information regarding the breach
• Which section of the Code was contravened
• Immediate actions to be taken to remedy the breach
• Long-term instructions moving forward

Compliance agreements

The compliance agreement was created to address apparent unintentional or unpremeditated contraventions of the Lobbyist Registry By-law by a registered lobbyist. The Lobbyist Registrar may choose to enter into a compliance agreement with a lobbyist while reserving the ability to impose formal sanctions for more egregious breaches.

The compliance agreement is a voluntary agreement between the Lobbyist Registrar and a lobbyist who has found to have inadvertently contravened the Lobbyist Registry By-law or the Lobbyists’ Code of Conduct. The agreement includes an agreed-upon statement of facts regarding the specific violation and outlines the steps to be taken to address the breach, including a commitment from the lobbyist to adhere to the By-law and the Code of Conduct in the future. In response to the acknowledgment of the transgression and the commitment to compliant behaviour, the Lobbyist Registrar commits to refrain from conducting a formal investigation with respect to the matter and applying additional sanctions. Compliance agreements are posted online and notice is circulated to Members of Council and senior staff.

Bans

Bans are the only formal sanction listed in the Lobbyist Registry By-law. In cases where a lobbyist has egregiously breached their reporting or conduct requirements and other recourse has failed to bring the lobbyist into compliance, the Lobbyist Registrar may choose to ban the lobbyist from lobbying public office holders for a specific period.

The prescribed ban periods are listed under Part V of the Lobbyist Registry By-law:

Sanctions and Penalties

Refusal to Accept or Suspend Registration or Return

11. 

2. The Integrity Commissioner may impose a temporary ban on communication in accordance with the following scheme if the Integrity Commissioner finds that the requirements of this by-law have not been met:

1. First breach: the lobbyist is banned from communicating with public office holders for one month;
2. Second breach: the lobbyist is banned from communication with public office holders for three months; and
3. Third breach: The Integrity Commissioner to determine an appropriate sanction.

The Lobbyist Registrar is always available to answer questions or provide advice, and can be reached at lobbyist@ottawa.ca.

proved by the Integrity Commissioner 

Last reviewed on October 31, 2023 

This interpretation bulletin is intended to provide an overview of the registration process for lobbying communications.

Why should I register?

Lobbying is a legitimate activity that benefits not only lobbyists, but public office holders and members of the public as well. The benefits of lobbying conversations are lost, however, when they take place exclusively behind closed doors.

As such, the Lobbyist Registry was adopted to enhance accountability and transparency in local government by providing public access to the elements of the business conducted at City Hall. One of the roles of the Office of the Lobbyist Registrar is to ensure that accurate details of lobbying in the City of Ottawa is available to the public, external stakeholders and public office holders. 

What should I register?

In the Lobbyist Registry By-Law, lobbying is specifically defined as:

“any communication with a public office holder by an individual who is paid or who represents a business or financial interest with the goal of trying to influence any legislative action including development, introduction, passage, defeat, amendment or repeal of a by-law, motion, resolution or the outcome of a decision on any matter before Council, a Committee of Council, or a Ward Councillor or staff member acting under delegated authority.”

Essentially, the Lobbyist Registry was designed to capture instances of communication to influence a matter before public office holders, where the goal of the communication is to substantively advance a business and/or financial interest outside of the City’s normal business processes.

Any attempt to engage in lobbying as defined above must be disclosed in the Lobbyist Registry. A complete disclosure includes at least one lobbying file and one lobbying activity. Both lobbyists and public office holders should assess conversations and communications on their content and intent.

The Lobbyist Registry By-law exempts certain activities from registration under Section 4. These activities include simple exchanges of information (e.g. meeting requests), advocacy communication and communications within an established application process (e.g. application for a business licence). 

Who should register?

Anyone who engages in lobbying as defined above must register. City of Ottawa recognizes three types of lobbyists:

• Individuals who are paid employees, partners or sole proprietors of an organization and who lobby on its behalf are categorized as “In-house” lobbyists
• Individuals who lobby for payment on behalf of a client (another individual, company, partnership or organization) are categorized as “Consultant” lobbyists
• Individuals who lobby without payment on behalf of a business or for-profit organization for the benefit of the interests of the for-profit entity or organization are classified as “Voluntary, Unpaid” lobbyists

Lobbyist Registry profiles are meant for individual use only and cannot be used to represent an entire organization. If multiple representatives from an organization engage in lobbying, each representative is required to create a profile.

Should two or more representatives from an organization speak to a public office holder at the same time, one person should be designated as the principal lobbyist responsible for recording that instance of communication. Separate lobbying communications by representatives of an organization must be recorded separately.

The Lobbyist Registry By-law exempts certain persons from registration under Section 3.

When should I register?

The Lobbyist Registry By-law requires that lobbyists record lobbying communications within 15 business days after they take place.

The Lobbyist Registry was designed to track all lobbying communications that have already occurred. Planned lobbying is not captured by the Lobbyist Registry By-law, and the system prevents users from entering activities with dates in the future. Lobbyists should only create profiles, lobbying files or activities after lobbying communication has taken place.

Pre-registration is not a requirement to speak with public office holders, and does not guarantee compliance with the requirements of the Lobbyist Registry By-law. Pre-registration of profiles or lobbying files may result in the appearance of a late registration or a failure to disclose, which affects the accuracy of the information presented to the public and to public office holders.

How do I register?

For a complete walkthrough on registration, consult the Lobbyist Registry User Guide.

I need more information

For any further concerns, including:

• “Does this conversation constitute lobbying?”
• “How do I create a profile and register my lobbying?”
• “Could you please help me retrieve my username and password?”

Please contact the Lobbyist Registrar’s office with as much relevant information as possible at lobbyist@ottawa.ca.

Approved by the Integrity Commissioner 

Last reviewed on October 31, 2023 

This interpretation bulletin is intended to provide information regarding certain organizations that operate in partnership with, but independently of, the City of Ottawa.

“Creatures of the City”

A “creature of the city” is an organization whose purpose is aligned with the economic and policy objectives of the City. While these organizations act independently of the City, City representatives sit on their Boards of Directors, and most of their business is conducted with the City as a partner.

Exemption from registration

In considering the nature of these organizations in relation to the City, lobbying conversations with the creatures of the City do not need to be registered.

Examples

The following organizations are creatures of the City and are not required to register their lobbying communications with the City.

Ottawa Film Office

The Ottawa Film Office “focuses on the continued development, retention, competitiveness, and enhancement of the City’s film and television industry.” A Member of Council sits on its Board of Directors.

Invest Ottawa

Invest Ottawa “is the lead economic development agency for knowledge-based industries in Canada’s Capital, facilitating economic growth and job creation in the City of Ottawa.” The Mayor sits on its Board of Directors.

Hydro Ottawa Holding Inc.

Hydro Ottawa Holding Inc. is a “private company, incorporated under the Business Corporations Act (Ontario). At the same time, the company is wholly owned by the City of Ottawa and fulfills a public mandate, and is therefore mindful of its responsibility to be accountable both to its shareholder and the public.” Several Members of Council sit on its Board of Directors.

Ottawa Tourism and Convention Authority

Ottawa Tourism “is a committed tourism industry player that strives to promote the city on the regional, national and international stages to increase visitation and enhance economic impact for the industry and its membership.” A City Staff member sits on its Board of Directors.
 

Please note that this list is non-exhaustive. The Lobbyist Registrar is always available to answer questions or provide advice regarding the registration requirements for communications initiated by creatures of the City and can be reached at lobbyist@ottawa.ca.

pproved by the Integrity Commissioner 

Last reviewed on October 31, 2023 

Inquiry:

Many professionals, such as planners, engineers, architects and lawyers have standards of ethics or practice that emphasize the responsibility to provide objective and professional advice or opinions. By registering as lobbyists and logging activity in the City of Ottawa Lobbyist Registry, do such individuals act in contravention of their professional standards for objectivity?

Interpretation:

1. Professional Standards and the Obligation to Register as a Lobbyist

Certain professional codes of practice hold their members to standards of objectivity and independent opinion. For example, the Professional Code of Practice (Ontario Professional Planners Institute) requires that members impart independent professional opinion to clients, employers, the public, and tribunals, and that they work with integrity and professionalism.¹ When acting as an advocate, a lawyer is required by the Rules of Professional Conduct (Law Society of Upper Canada) to refrain from expressing their personal opinion on the merits of a client’s case.²

The City of Ottawa’s Lobbyist Registry was established to provide accountability and transparency to lobbying activities by giving the public access to information about who is communicating with Members of Council and City Staff. To that end, when providing professional advice or opinions to a public office holder, professionals may be required to register with the Lobbyist Registry when the provision of such advice or opinions promotes the merits of an application or advocates a specific decision on a matter.

The City acknowledges that registering with the Lobbyist Registry does not imply that such a professional is not providing objective and professional advice consistent with the standards of their profession.  Professionals’ duty to uphold their standards of practice does not, therefore, stand in opposition to their requirement to comply with the Lobbyists' Code of Conduct.

2. Confidentiality and Solicitor/Client Privilege

Lobbying occurs when an individual who represents a business or financial interest communicates with a Member of Council or City Staff with the intent of influencing a decision on governmental matters outside of normal processes, including the development, introduction, passage, amendment or repeal of a by-law, motion, resolution or the outcome of a decision on any matter before Council, a Committee of Council, or a Ward Councillor or staff member acting under delegated authority.

The City of Ottawa’s Lobbyist Registry requires any lobbyist who engages in such activity to register their communication. When creating a profile in the City of Ottawa Lobbyist Registry, a lobbyist must identify their name and business address. Consultant lobbyists (those working on behalf of a client) must also identify in the return the client for which the lobbying has been undertaken. The City of Ottawa’s Lobbyists' Code of Conduct, Sec. 4 (1) requires lobbyists to inform their client, employer or organization of the obligations under the Lobbyist Registry By-law.  There is no exemption in the Lobbyist Registry By-law or Lobbyists' Code of Conduct under the claim of solicitor/client privilege or confidentiality. In this respect, the Lobbyist Registry By-law echoes legislation governing lobbying at the provincial and federal levels.³

The City acknowledges that lawyers are required to comply with their Rules of Professional Conduct; however, the Rules are not in conflict with the disclosure requirements set out in the City’s Lobbyist Registry By-law and Lobbyists' Code of Conduct. In fact, the requirement for disclosure of client name is in agreement with the Law Society of Upper Canada Rules of Professional Conduct. Rule 5.6-2 requires that lawyers, when seeking legislative or administrative changes, disclose the interest being advanced. Lawyers cannot, therefore, claim exemption from registering as lobbyists on the basis of solicitor/client privilege.

It is important to note that each inquiry is accompanied by its own specific context and facts. The preceding summarized interpretations should not be relied upon as rulings nor be considered a substitute for calling or writing the Office of the Lobbyist Registrar when in doubt or to request an interpretation for a specific case.

Approved by the Integrity Commissioner 

Last reviewed on October 31, 2023

[1] Ontario Professional Planners Institute Professional Code of Practice, section 2.1 and 2.2

[2] Law Society of Upper Canada Rules of Professional Conduct, Commentary to section 5.1

[3] Lobbyists Registration Act, 1998, section 4(4), “Contents of return”; Federal Lobbying Act, section 5(2b), “Contents of return”

This interpretation bulletin is provided to clarify the obligations of Members of Council or their staff (acting on the Member’s behalf) when they receive unsolicited written or electronic communications.

The Lobbyist Registry By-law defines “communication” as follows,

any substantive form of communication including a formal meeting, email, letter, phone call or meaningful dialogue or exchange that materially advances a matter that is defined as lobbying, whether in a formal or in an informal setting.

 The definition of lobbying means,

any communication with a public office holder by an individual who is paid or who represents a business or financial interest with the goal of trying to influence any legislative action including development, introduction, passage, defeat, amendment or repeal of a by-law, motion, resolution or the outcome of a decision on any matter before Council, a Committee of Council, or a Ward Councillor or staff member acting under delegated authority.

Under Section 12 (Conduct Respecting Lobbying) of the Code of Conduct for Members of Council, Members have certain obligations with respect to the Lobbyist Registry [emphasis added]:

Members of Council, as public office holders, are routinely approached by various individuals attempting to influence decisions before Council or under the delegated authority of the Ward Councillor. While lobbying is an acceptable practice, disclosure of lobbying activities enhances the transparency and integrity of City business.

In accordance with the City’s Lobbyist Registry, Members of Council shall review the Lobbyist Registry on a monthly basis to confirm that instances where they have been lobbied on a particular matter, including the specific matter and date, have been registered. Where lobbying activity has not been disclosed, the Member shall first remind the lobbyist of the requirement to disclose and, should the activity remain undisclosed, advise the Integrity Commissioner of the failure to disclose.

Further, Members of Council should ensure that individuals who are lobbying them are aware of their requirement to register as required under the requirements of the Lobbyist Registry. Members of Council should not knowingly communicate with a lobbyist who is acting in violation of the requirements of the Registry. If a Member of Council is or at any time becomes aware that a person is in violation of the rules related to lobbying, the Member should either refuse to deal with the lobbyist or, where appropriate, either terminate the communication with the lobbyist at once or, if in the Member’s judgment it is appropriate to continue the communication, at the end of the communication, draw that person’s attention to the obligations imposed by the Registry and report the communication to the City Clerk and to the Integrity Commissioner.

Based on the definitions of communication and lobbying provided by the Lobbyist Registry By-law, a Member of Council has no obligation under Section IX (Conduct Respecting Lobbying) when the Member or the Member’s staff (acting on their behalf), simply receives and acknowledges an unsolicited written or electronic communication which does not constitute a meaningful dialogue or exchange that seeks to materially advance a matter that is defined as lobbying.  

Approved by the Integrity Commissioner 

Last reviewed on October 31, 2023 

This interpretation bulletin is provided to clarify the obligations of lobbyists with regard to closing a lobbying file.

The Lobbyist Registry By-law defines “lobbying” as follows:

any communication with a public office holder by an individual who is paid or who represents a business or financial interest with the goal of trying to influence any legislative action including development, introduction, passage, defeat, amendment or repeal of a by-law, motion, resolution or the outcome of a decision on any matter before Council, a Committee of Council, or a Ward Council or staff member acting under delegated authority.

What is a Lobbying File?

Lobbying files are created to disclose the subject matter on which registered lobbyists are lobbying. Under each lobbying file, lobbying activities are registered to capture the relevant lobbying communications, i.e. the date, method and person(s) lobbied.

“Active” versus “Closed” Lobbying Files

When a lobbying file is created, its status is marked “active” from the outset. A lobbying file remains active as long as lobbyists continue to lobby public office holders and register their lobbying activities against said file.

When all substantive communications have concluded and no further lobbying is anticipated or required on a lobbying file, lobbyists are required to mark it as “closed”. By way of example, if a lobbyist has a lobbying file directly related to a specific planning application and the application has received all of the necessary approvals, the relevant file should be closed. Lobbying on a file is no longer permitted once it has been closed.

Closing a Lobbying File

It is at the discretion of the lobbyist to determine if a lobbying file can be closed. However, marking a lobbying file “closed” better informs users of the Registry and adds to the transparency of lobbying activities. Closing a file can also ensure lobbyists and public office holders avoid potential situations of perceived improper influence.

Pursuant to Section 6 (Improper Influence) of the Lobbyists' Code of Conduct, lobbyists have certain obligations:

1. Lobbyists shall avoid both the deed and the appearance of impropriety.
2. Lobbyists shall not knowingly place public office holders in a conflict of interest or in breach of public office holders’ codes of conduct or standards of behaviour.
3. Lobbyists with active lobbying registrations, their registered clients or their employees shall not, directly or indirectly, offer or provide any gift, benefit or hospitality to Members of Council of their staff.

It is in the interest of the lobbyists and the public office holders to avoid situations in which the violation of such provisions could occur. By marking lobbying files as “closed”, lobbyists officially disclose that they do not seek to further influence on specific matters, thus avoiding potential situations of impropriety.

This having been said, lobbyists are encouraged to be continually mindful of the provisions regarding improper influence that comprise Section 6 of the Lobbyists' Code of Conduct. Lobbyists are heretofore required to highlight the status of their lobbying files, whether “active” or “closed”.

Frequently Asked Questions for Lobbyists

What is a lobbying file?

Lobbying files disclose the subject matter on which lobbyists are lobbying. Lobbying activities are registered to capture the relevant lobbying communications against each relevant file, i.e. the date, method and person(s) lobbied. For example, an individual is lobbying public office holders about an exemption from a particular by-law (lobbying file) and that person sends an e-mail to all Members of Council (lobbying activity).

What is the difference between an “active” lobbying file and a “closed” lobbying file?

A lobbying file is active from the outset and remains active as long as you continue to lobby public office holders on said file. When no further lobbying is anticipated on a lobbying file, said lobbying file should be marked “closed”. Lobbying on a file is no longer permitted once it has been closed.

How do I close a lobbying file?

When no further lobbying will occur on a lobbying file, it should be closed. Under the “Lobbying File” section of your profile page, click on the lobbying file you wish to close. Once on the relevant Lobbying File page, you will check the “Close Lobbying File” box and click the “Save” button. Once saved, the “status” on your lobbying file should appear “closed” on your main profile page.

What if I close a lobbying file by accident?

Once a lobbying file is closed, it will not be possible to re-open the Lobbying File without first contacting the Office at lobbyist@ottawa.ca.

What measures are in place should a Lobbyist continue to lobby on a closed file?

Continued lobbying on a closed file is a breach of the spirit of the By-law and is similar to not registering a lobbying activity. Part V (Sanctions and Penalties) of the Lobbyist Registry By-law outlines actions that the Integrity Commissioner may take, should he find that the requirements of the By-law have not been met. Sanctions follow an incremental scheme based on the number of breaches that have occurred, and include temporary bans on communication with public office holders.

It is important to note that each inquiry is accompanied by its own specific context and facts. The preceding summarized interpretations should not be relied upon as rulings nor be considered a substitute for calling or writing the Office of the Lobbyist Registrar when in doubt or to request an interpretation for a specific case.

Approved by the Integrity Commissioner 

Last reviewed on October 31, 2023 

This interpretation bulletin is provided to clarify the obligations of lobbyists with respect to lobbying individuals who have been newly elected to office, but who have not taken office. The Term of Office for these individuals officially begins on November 15th in a municipal election year. For the period between when their election to office has been confirmed and November 15th, these individuals are known as Members-elect. This bulletin provides guidance on lobbying both elected incumbents (those who held office for the previous Term of Council) and those newly elected to office. 

For the purposes of this interpretation bulletin, the term “transition period” will be used to describe the period of time between Voting Day and before the Term of Office.

Lobbying and the Lobbyist Registry

The Lobbyist Registry By-law defines “lobbying” as follows:

any communication with a public office holder by an individual who is paid or who represents a business or financial interest with the goal of trying to influence any legislative action including development, introduction, passage, defeat, amendment or repeal of a by-law, motion, resolution or the outcome of a decision on any matter before Council, a Committee of Council, or a Ward Council or staff member acting under delegated authority.

Lobbying is a legitimate activity that is part of an individual’s, group’s or company’s right to communicate with public office holders, defined by the Lobbyist Registry By-law (“the By-law”) as Members of Council and municipal staff. Essentially, the purpose of the Lobbyist Registry is to provide accountability and transparency around lobbying activities.

Lobbying Elected Incumbents

Members of Council who are defeated on Voting Day remain public office holders until the Term of Office ends on November 14th in a municipal election year. During the transition period, all regular rules governing the lobbying of public office holders still apply to registered lobbyists’ substantive communications with defeated Members.

Similarly, incumbents who were re-elected for the upcoming Term of Office also remain public office holders during the transition period. Substantive communications with these elected incumbents for the purposes of lobbying would, therefore, also be governed by the Lobbyist Registry’s disclosure requirements.

With that said, if an individual lobbies defeated and/or re-elected Members of Council during the transition period, these lobbying activities must be disclosed with the Lobbyist Registry within fifteen business days of the communication occurring, as per the Lobbyist Registry By-law.

Lobbying Members-elect

Following Voting Day, Members-elect have no formal role and no decision-making power until the new Term of Office. Members-elect are not public office holders until the new Term of Office begins; therefore lobbying of these individuals during the transition period is not captured by the Lobbyist Registry By-law and does not require disclosure. It is not possible to publicly disclose any such lobbying activity as the names of Members-elect will not appear in the electronic Registry until November 15th in a municipal election year.

Lobbyists, however, are bound by their Code of Conduct at all times. In accordance with the Lobbyists’ Code of Conduct, lobbyists are expected to comply with the standards of behaviour for lobbyists and conduct of lobbying activities set out in the Code. Just as City Council as a whole must ensure the accountability and transparency of City business, registered lobbyists must ensure their activities are open and transparent, and that their business with the City are conducted in an ethical and accountable manner.

Lobbying a Member-elect during the transition period may result in a negative perception of undue influence, therefore it is strongly recommended lobbyists should take all necessary measures to avoid creating any apparent impropriety.

With that said, as a matter of practice, it is my recommendation that lobbyists should refrain from lobbying Members-elect until their term of office commences. Such a "best practice" will ensure City business does not occur outside of the public eye, thus strengthening registered lobbyists’ commitment to their honest, accountable and transparent standards of behaviour and conduct of lobbying activities.

Approved by the Integrity Commissioner 

Last reviewed on October 31, 2023 

This interpretation bulletin is intended to address concerns and myths about the registration process for lobbying activities in the City of Ottawa. The Lobbyist Registry was implemented in 2012, in response to the City of Ottawa’s Accountability Framework initiative, and adopted to enhance accountability and transparency in local government.

Any attempt to influence legislative action or major decisions in the City of Ottawa, by individuals, groups or organizations outside of normal processes, must be disclosed in the Lobbyist Registry. The Office of the Lobbyist Registrar regularly receives inquiries related to the definition of lobbying, substantive communication and registration requirements for lobbying activities with the City.

The objective of this interpretation bulletin is to promote greater understanding of the requirements of the Lobbyist Registry and to assist all users in complying with the Lobbyist Registry By-Law 2012-309. By monitoring user compliance, the Office of the Lobbyist Registrar will ensure the most accurate details of lobbying in the City of Ottawa will be available to constituents, external stakeholders and any other interested party.

The Lobbyist Registry is a tool that records all substantive communication between lobbyists, City staff and public office holders that is aimed at influencing a decision before Council. The Lobbyist Registry is intended to provide public access to the elements of the business conducted at City Hall, in an open and transparent manner.

Top misconceptions about the Lobbyist Registry

1. All individuals, groups and organizations must create profiles in anticipation of potential future lobbying activities: False

• Lobbyists are not required to and should not create profiles in the Lobbyist Registry unless they have had lobbying communications with City staff that require registration
• The Lobbyist Registry is designed to track all lobbying activities that have occurred as opposed to planned lobbying activity or general inquiries etc.
• Creating lobbyist profiles in anticipation of future activities distorts registry data and creates a false representation of communication between city staff and the public
• Creating a lobbyist profile does not guarantee that one is in compliance with the By-law
• In order to be in compliance with the By-law, each instance of lobbying must be disclosed by creating a new lobbying file attached to a particular client, and the client name, company name and business address must also be included
• Three negative consequences can ensue when lobbyist profiles are created in anticipation of potential lobbying:

1. The data in the Registry is incorrect and compromises the accuracy of the City’s public records
2. Lobbying files and activity are not recorded (as no formal lobbying has occurred) and the profiles remain active and incomplete in the database
3. The public, public office holders and other lobbyists are misled to believe that lobbying is occurring and not disclosed

2. All communication between City staff, elected officials, and lobbyists is defined as “lobbying”: False

In the Lobbyist Registry By-Law, Lobbying is specifically defined as:

“any communication with a public office holder by an individual who is paid or who represents a business or financial interest with the goal of trying to influence any legislative action including development, introduction, passage, defeat, amendment or repeal of a by-law, motion, resolution or the outcome of a decision on any matter before Council, a Committee of Council, or a Ward Councillor or staff member acting under delegated authority.”

The City of Ottawa recognizes three types of lobbyists:

1. Individuals who are paid employees, partners or sole proprietors of an organization and who lobby on its behalf are categorized as “In-house” lobbyists
2. Individuals who lobby for payment on behalf of a client (another individual, company, partnership or organization) are categorized as “Consultant” lobbyists
3. Individuals who lobby without payment on behalf of a business or for-profit organization for the benefit of the interests of the for-profit entity or organization are classified as “Voluntary, Unpaid” lobbyists

• Trade unions, labour associations and not-for-profit organizations with paid staff are required to register any communications that are classified as lobbying
• The ability of City staff and Members of Council to recognize instances where they are being lobbied is important to ensure that all activity is disclosed accordingly
• It is equally important for public office holders to recognize conversations that are not categorized as lobbying 

In Summary:

• Not all communication between Members of Council, City staff and lobbyists constitutes lobbying
• Informal conversations that do not aim to influence legislative action would not be categorized as lobbying, even though they might occur in a formal setting
• In contrast, conversations in informal or social settings could constitute lobbying if they are engineered with the intent to influence a decision before Council
• Lobbying communication includes all efforts to achieve a financial or business interest including formal meetings, e-mails, letters, or phone calls between lobbyists, City staff and Members of Council
• Requesting a meeting or making an appointment does not constitute lobbying
• Registration of a profile is not a pre-requisite for a meeting to take place

3. All individuals who are present during lobbying communications must report the communication in the Lobbyist Registry: False

• If several individuals from the same organization engage in lobbying activities only one person must register the communication in the system
• All individuals actively involved in the lobbying must create a profile, while those only providing administrative support do not
• To clarify, if individuals from the same organization participate in the same lobbying activities only one person is required to input an active lobbying file
• However, if two individuals from the same organization participate in different lobbying communications they both require individual profiles and lobbying files in the system
• It is also important to note that profiles in the Lobbyist Registry are username and email specific
• This implies that individuals cannot share profiles even though they might work for the same organization and participate in similar lobbying activities

***While the preceding guidelines should serve as reference, it is important to note that each individual inquiry is accompanied by its own specific context and facts. The information summarized above should not be considered a substitute for contacting the Office of the Lobbyist Registrar to request an interpretation for a specific case.***

Approved by the Integrity Commissioner 

Last reviewed on October 31, 2023 

This interpretation bulletin is provided to clarify your responsibilities if you lobby members of a local board who are also Members of Ottawa City Council.  

Local boards and the Lobbyist Registry By-law

The City of Ottawa’s Lobbyist Registry By-law does not apply to the City's local boards.  As such, there is no requirement for a lobbyist to register communications with members of a local board, including those with Members of Ottawa City Council who are also on the local board.

With that said, lobbying a local board member who is also a Member of Ottawa City Council raises the potential for perceived conflict of interest and undue influence for that Board Member/Member of Council. There are, therefore, certain situations when lobbyists should register their communications with the local board members who are also Members of Ottawa City Council.

Responsibilities of Lobbyists

If you are lobbying a local board member who is also a member of Council, and the subject of that discussion is something that will come to a vote before Ottawa City Council, the lobbying communication should be entered in the City of Ottawa’s Lobbyist Registry.

In such a situation, all of the requirements of the Lobbyist Registry By-law apply. It is, therefore, your responsibility to register the communication within 15 business days of the communication occurring. 

Finally, as a lobbyist, you continue to be bound by the Lobbyists’ Code of Conduct (which is appended to the Lobbyist Registry By-law). As such, you are prohibited from, directly or indirectly, offering or providing any gift, benefit or hospitality to Members of Council or their staff. The prohibition remains in effect when Members of Council are operating in their capacity as members of a local board.

Approved by the Integrity Commissioner 

Last reviewed on October 31, 2023