Kimberley Kitteringham, City Clerk & Director of Legislative Services and Communications, provided a presentation on the Lobbyist Registration and Disclosure Systems in Ontario.
The following deputations were made on the Lobbyist Registration and Disclosure Systems in Ontario.
- Ryan Eickmeier, Past President of the Public Affairs Association of Canada, and lobbyist, shared his experience with lobbyist registries. Lobbyist registries are an important part of the democratic process, and play an important role in ensuring transparency when approving public policy. The system created should not be too onerous or it may discourage lobbyists from registering. Mr. Eickmeier encouraged Markham to develop a lobbyist Registry and to be a leader in transparency.
- Ryan Chan, lobbyist, advised that a lobbyist registry increases the transparency of government, and that having a lobbyist registry is an integral part of a democratic government, as taxpayers have the right to know who is lobbying their local government.
- Raymond Lai, Markham resident, spoke in support of Markham creating a lobbyist registry, as having a lobbyist registry increases the transparency of government, as residents can see who is trying to influence government policy.
- Guy Giorno, lawyer specializing in lobbyist laws, congratulated Members of Council for considering the development of a lobbyist registry in Markham. Having a lobbyist registry makes it transparent who is trying to influence public policy. A lobbyist registry can be made voluntary if there are concerns regarding having a registry. The capital and operating costs of having a registry are reasonable, and many smaller municipalities have registries. Mr. Giorno urged Markham Council to vote in favour of developing a lobbyist registry, as it is critically important to the democratic process.
- Evelin Ellison, Ward One South Thornhill Residents Inc, spoke in support of the development of a lobbyist registry in Markham.
Duff Conacher, and Marcus Kolga registered to speak, but did not speak at the meeting.
The Committee provided the following feedback on the Lobbyist Registration and Disclosure Systems in Ontario:
- Noted the important role a lobbyist registry could play in having an open, transparent, and accountable government;
- Noted that having a lobbyist registry will not stop Members of Council from meeting with lobbyists;
- Questioned the annual operating costs of a lobbyist registry and discussed the variation in operating costs of other municipal lobbyist registries;
- Questioned how the City could have a “Made in Markham” solution and keep the cost of having a lobbyist registry down;
- Suggested that lobbyists may not register if Markham creates a voluntary lobbyist registry;
- Discussed the possibility of creating a Working Group comprised of various stakeholders to develop the lobbyist registry, and whether it was appropriate for Council representatives to participate in the Working Group;
- Suggested that if Council decides to create a lobbyist registry all stakeholders should be consulted;
- Suggested having a lobbyist registry may not prevent unethical political behaviour;
- Noted that Members of Council can speak to lobbyists in many different situations (i.e. events, conferences, a formal meeting, or at lunch or dinner);
- Suggested the lobbyist registry should also apply to staff;
- Questioned what the downfalls of having a lobbyist registry may include;
- Discussed the difference between advocates and lobbyists;
- Discussed whether foreign government officials would be required to register as a lobbyist;
- Noted that the City would need to have a clear definition of a lobbyist if it were to have a lobbyist registry;
- Expressed concern that having a lobbyist registry may negatively impact charitable events, like a golf tournament held to raise money for charity;
- Questioned the difference between having a Council Code of Conduct and a Lobbyist Registrar Code of Conduct;
- Questioned what the penalty would be if a lobbyist did not register prior to meeting with a Member of Council;
- Questioned if the onus to register as a lobbyist would be on the elected official or on the lobbyist;
- Suggested appointments with other municipalities to learn about best practices or a municipal program should not be included under the registry;
- Questioned why so few municipalities in Ontario have created lobbyist registries;
- Discussed when a meeting regarding a planning application would be considered lobbying;
- Debated whether lobbyist registries improve government transparency.
Staff provided the following responses to inquiries from the Committee:
Creation of a Lobbyist Registry
Staff advised that it is a Council decision to determine if a lobbyist registry shall be created for the City of Markham. A lobbyist registry is one tool that municipalities can use to support a transparent, accountable, and ethical government. A code of conduct is another tool municipalities use to support an open and transparent municipal government.
Compliance and Penalties Associated with a Lobbyist Registry
Staff advised that if Council decides to create a lobbyist registry, the onus to register can be on the elected official or on the lobbyist, noting most municipalities place the onus on the lobbyist to register.
Staff further advised that the City would likely extend the contract of the Integrity Commissioner to investigate complaints pertaining to the lobbyist registry, and that complaints would likely be investigated in a similar manner as a code of conduct complaint. A fine would be issued if it was determined that an offence has been made. The fine could also increase with the number of offences.
Cost of Lobbyist Registry
Staff clarified that creating a lobbyist registry would include capital, operational, maintenance, and educational costs. Using existing software to support the lobbyist registry would help manage the cost of the program. The policies and regulations created to support the program would make it a “Made in Markham” solution.