Diana Cafazzo and Simon Chester are members of the KNOWlaw Group of Toronto law firm McMillan Binch.

Contacting government officials is something that many people who work in Canada’s film and television industries do on a regular basis.

While you may not think of this as ‘lobbying,’ think again.

The federal government’s Lobbyists Registration Act contains very broad definitions of what constitutes lobbying. And if Bill C-15, which passed its first reading in October 2002, is enacted, the definition could get even broader.

If, in the eyes of the law, you are lobbying, you may be obligated to register yourself and certain details about your activities as part of a public register.

What is lobbying?

It’s certainly more than just what happens on Parliament Hill during the annual CFTPA Prime Time event, Feb. 5-7.

Under the current Act, lobbying generally means communicating with federal public office holders (including government employees), whether formally or informally, in an attempt to influence:

* the making, developing or amending of federal legislative proposals, bills or resolutions, regulations, policies or programs, or,

* the awarding of federal grants, contributions or other financial benefits.

The proposed changes to the Act would remove the requirement of ‘attempting to influence’ and would broaden the definition to capture any communications to a public office holder for these purposes.

Are you a lobbyist who’s

obligated to register?

The Act sets out three categories of lobbyists who must register or whose employers must register:

* Consultant lobbyists – Individuals who, for payment, lobby on behalf of a client (including, government relations consultants, lawyers and accountants).

* In-house lobbyists (corporate) – Employees of corporations that carry on commercial activities for financial gain for whom a significant part of their duties is spent lobbying for their employer.

* In-house lobbyists (organizations) – Employees of non-profit organizations such as associations, where the accumulated lobbying activity of all employees would constitute a significant part of the duties of one employee.

For the second and third categories, the officials who administer the Act have stated that, as a guideline, ‘significant’ means 20% or more .

Exceptions

Now, there are some exceptions to these rules.

First of all, people who lobby on an unpaid basis are not covered by the Act and do not need to register with respect to those activities.

Also, some forms of communications with the federal government are explicitly excluded:

* Public proceedings before parliamentary committees or other federal bodies.

* Submissions to an official with respect to the enforcement, interpretation or application of a federal law or regulation by that official. This may help exclude some of what lawyers and accountants do.

* Submissions in direct response to written requests from a public office holder for advice or comment. Note, though, that Bill-15 proposes to eliminate this exception.

Do I need to register if I talk to the CBC, Telefilm or the NFB?

Could it be that your ordinary day-to-day conversations with these entities make you a lobbyist? If you fit within the other rules, then yes indeed. Remember, the legislation casts a very broad net.

To know for sure, the best thing to do is to contact the Lobbyists Registration Branch of Industry Canada (lobbyists.reg@ic.gc.ca) directly. When we spoke to them, they told us that they have no formal policy in place with respect to Crown corporations and agencies and treat them on a case-by-case basis.

They did say, though, that important factors that they take into account include whether the Crown corporation or agency is performing government-like functions, and whether the specific individual that you’re contacting is actually a ‘public office holder.’ So, while Richard Stursberg, as executive director of Telefilm Canada and Jacques Bensimon, as chairperson of the National Film Board, may be public office holders, members of their staff may not be. The governing legislation for each of these public bodies can often shed some light on the issue, but if in doubt, contact the Lobbyists Registration Branch.

How to register

If you’re obligated to register, you need to fill out a form and file it with the Lobbyists Registration Branch.

Aside from your name and address, who you’re lobbying, and the form of communication you’re using, you’ll also need to provide information on the subject matter about which you’re lobbying, and the amount of government funding received by your employer or client. According to an interpretation bulletin put out by the LRB, at least tax credits and ‘repayable contributions’ received by your employer or client don’t need to be disclosed.

The registration forms are available at www.strategis.ic.gc.ca. If you file these forms electronically, there is no charge. If you want to file on paper, you’ll be required to pay a fee ranging from $75 to $150.

It’s on the public record

You should be aware that all the information you file will be publicly available for any one to browse, free of charge. But conversely, you’re curious to see what others are up to, you can search the Lobbyists Registry at www.strategis.ic.gc.ca.

Failure to register

Failure to file, or giving false information, attracts serious penalties. You can be fined or even (in theory) imprisoned.

Provinces follow suit

And if you’re also in the habit of contacting provincial government officials, then get ready to fill out even more forms. British Columbia, Nova Scotia, Ontario and Quebec have all enacted their own lobbying legislation.

(This article contains general comments only. It is not intended to be exhaustive and should not be considered as advice in any particular situation.)

-www.mcbinch.com