Canada Gazette, Part I, Volume 157, Number 21: COMMISSIONS

May 27, 2023

CANADIAN INTERNATIONAL TRADE TRIBUNAL

INQUIRY

Construction services

The Canadian International Trade Tribunal has received a complaint (File PR-2023-010) from EllisDon Corporation (EllisDon) of Mississauga, Ontario, concerning a procurement (Solicitation ED001-212664/B) made by the Department of Public Works and Government Services (PWGSC). The solicitation was for the rehabilitation and optimization of the Daniel J. MacDonald Building in Charlottetown, Prince Edward Island. Pursuant to subsection 30.13(2) of the Canadian International Trade Tribunal Act and subsection 7(2) of the Canadian International Trade Tribunal Procurement Inquiry Regulations, notice is given that the Tribunal made a decision on May 16, 2023, to conduct an inquiry into the complaint.

EllisDon alleges that PWGSC breached the applicable trade agreements by failing to properly evaluate the bids in accordance with the evaluation criteria set out in the invitation to tender.

Further information may be obtained from the Registry, 613‑993‑3595 (telephone), citt-tcce@tribunal.gc.ca (email).

Ottawa, May 16, 2023

CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

NOTICE TO INTERESTED PARTIES

The Commission posts on its website original, detailed decisions, notices of consultation, regulatory policies, information bulletins and orders as they come into force. In accordance with Part 1 of the Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure, these documents may be examined at the Commission’s office, as can be documents relating to a proceeding, including the notices and applications, which are posted on the Commission’s website, under “Public proceedings & hearings.”

The following documents are abridged versions of the Commission’s original documents.

CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PART 1 APPLICATIONS

The following applications for renewal or amendment, or complaints were posted on the Commission’s website between May 12 and May 17, 2023.

Application filed by	Application number	Undertaking	City	Province	Deadline for submission of interventions, comments or replies
Corus Entertainment Inc.	2022-0946-0	N.A.	Toronto	Ontario	June 14, 2023
TVA Group Inc.	2022-0986-6	TVA	Montréal	Quebec	June 14, 2023
GX Radio Partnership	2023-0159-7	CJGX	Yorkton	Saskatchewan	June 12, 2023

ADMINISTRATIVE DECISIONS

Applicant’s name	Undertaking	City	Province	Date of decision
Cable Public Affairs Channel Inc.	Ownership	Ottawa	Ontario	May 12, 2023
Cable Public Affairs Channel Inc.	Ownership	Ottawa	Ontario	May 12, 2023

DECISIONS

Decision number	Publication date	Applicant’s name	Undertaking	City	Province
2023-142	May 15, 2023	Canadian Broadcasting Corporation	CJBR-FM	Rimouski	Quebec

ORDERS

Order number	Publication date	Licensee’s name	Undertaking	Location
2022-143	May 16, 2023	N.A.	Unsolicited Telecommunications Fees — Telemarketing regulatory costs for 2023–24 and fees paid for 2022–23	N.A.

OFFICE OF THE COMMISSIONER OF LOBBYING OF CANADA

LOBBYING ACT

Lobbyists’ Code of Conduct (2023)

Since 1989, federal legislation has required that regulated lobbying on behalf of clients or employers be reported in the Registry of Lobbyists.

Since 1997, individuals who are registered to lobby the federal government and its officials have had to comply with the Lobbyists’ Code of Conduct. The first edition took effect in March 1997 and the second edition took effect in December 2015.

The Code complements the Lobbying Act’s registration requirements and fosters transparent and ethical lobbying of federal officials.

It defines standards of ethical behaviour that lobbyists must comply with. Any individual who must be identified as a lobbyist in the Registry of Lobbyists is required to comply with the Code.

The Code works in concert with the ethical regimes applicable to federal officials.

When developing the Code, the Lobbying Act requires the Commissioner of Lobbying to consult with stakeholders and refer it to parliamentary committee.

Between late-2020 and mid-2022, three rounds of stakeholder consultation were held to support the development of the third edition of the Code. During the process, two draft updates of the Code were shared with stakeholders.

The Commissioner then referred the Code to the Standing Committee on Access to Information, Privacy and Ethics in November 2022, and it was studied by the Committee in early 2023. After considering recommendations made by the Committee, the Commissioner finalized the Code updates before publication in the Canada Gazette.

The third edition of the Code sets out easy-to-understand rules that work to enhance transparent and ethical lobbying while contributing to public confidence in government institutions and officials. The standards include expectations that are intended to guide lobbyists in complying with the Code’s rules of conduct.

The definition section of the Code defines key terms used in the rules. This allows the rules to be more focused and succinct, with the goal of making them easier to understand and apply. This approach allows the third edition of the Code to serve as a comprehensive document.

In accordance with the Lobbying Act, an investigation must be initiated when the Commissioner of Lobbying has reason to believe it is necessary to ensure compliance with the Code. After completing an investigation, a report setting out the Commissioner’s findings and conclusions is submitted to Parliament.

In accordance with section 10.2 of the Lobbying Act and effective July 1, 2023, the Commissioner of Lobbying of Canada rescinds the second edition of Lobbyists’ Code of Conduct and brings into force the following third edition:

Lobbyists’ Code of Conduct (third edition)

Standards for transparent and ethical lobbying

Objectives

The objective of this Code is to foster transparent and ethical lobbying of federal officials.

This Code works in concert with the ethical regimes that apply to federal officials.

This Code is required by and complements the Lobbying Act, which recognizes that free and open access to government is in the public interest, that transparent and ethical lobbying is a legitimate activity, that officials and the public should be able to know who is carrying out lobbying activities, and that lobbying registration should not impede access to government.

By complying with the rules of this Code, lobbyists:

• strengthen the ethical culture of lobbying
• avoid placing officials in real or apparent conflict of interest situations
• contribute to public confidence in the integrity of federal government institutions and decision making

Application

An individual must comply with this Code if the Lobbying Act requires them to do so. In this Code, such individuals are referred to as lobbyists.

This Code was published in the Canada Gazette and came into force on July 1, 2023.

Scope

This Code applies to lobbying activities and the interactions lobbyists have with officials that they lobby or expect to lobby.

Compliance

Non-compliance with any rule in this Code may result in an investigation by the Commissioner of Lobbying. This can lead to a public investigation report to Parliament.

Expectations

These expectations are intended to guide lobbyists in complying with the rules in this Code.

Transparency

Ethical lobbying requires a commitment to openness. Conducting transparent lobbying ensures that officials understand the purpose of the lobbying activities and on whose behalf they are carried out.

Respect for government institutions

Canada’s parliamentary democracy and its institutions serve Canadians. Understanding and respecting that officials have a duty to serve the public interest over private interests is vital to ethical lobbying.

It is therefore essential that lobbyists avoid placing officials in real or apparent conflict of interest situations, including where an official could reasonably be seen to have a sense of obligation towards a lobbyist.

Integrity, honesty and professionalism

Ethical lobbying is conducted with integrity, honesty and professionalism. Being trustworthy and respectful supports informed decision making by officials and, in turn, public confidence in federal government institutions.

It is therefore essential that lobbyists uphold the letter and spirit of the Lobbying Act, its regulations and this Code.

Rules

If the Lobbying Act requires you to comply with this Code, you must follow these rules:

Disclosure

• 1.1 When you lobby – including the use of grassroots appeals to persuade the public to communicate with officials – identify your client or employer and the purpose of your communication.
• 1.2 When you lobby on behalf of a client, inform your client that you have, and that they may have, obligations under the Lobbying Act, its regulations and this Code.
• 1.3 When you lobby as part of your employment, inform your employer (as represented by the registrant) about your lobbying activities in order to support accurate registration and reporting in the Registry of Lobbyists.
• 1.4 If you are the registrant for an employer, inform employees who lobby for the employer about their obligations under this Code.

Trustworthiness

• 2.1 When you lobby – including the use of grassroots appeals to persuade the public to communicate with officials – act in good faith and take reasonable steps to not mislead with any information you share.
• 2.2 Do not use or share information obtained from an official in confidence, except if you have the official’s informed consent.

Gifts and hospitality

• 3.1 Never provide any gift – directly or indirectly – to an official that you lobby or expect to lobby, other than a low-value gift that is a token of appreciation or promotional item.
• 3.2 Never provide any hospitality – directly or indirectly – to an official that you lobby or expect to lobby, other than low-value hospitality for consumption during an in-person gathering (meeting, lobby day, event, reception, etc.).
• 3.3 Do not exceed the value of the annual limit for allowed gifts and hospitality that you can provide to the same official within a calendar year.
  • Exemptions (rules 3.1, 3.2, 3.3):
  • The Commissioner may grant an exemption to the gift and hospitality rules (3.1, 3.2, 3.3) by considering any factors that the Commissioner deems relevant, including:
    • by how much the low-value and/or annual limit amounts are exceeded
    • the combined value of gifts and hospitality already provided and/or planned to be provided to the official within the same calendar year
    • local market prices
    • if the gift or hospitality is related to the exercise of a power, duty or function of the official
    • dietary requirements or restrictions for hospitality

The Commissioner may adjust the low-value and/or annual limit amounts when granting an exemption and may impose conditions, including a cooling-off period during which the lobbyist may not lobby the official.

Failure to respect the conditions of an exemption granted by the Commissioner constitutes noncompliance with the related rule (3.1, 3.2 and/or 3.3, as applicable).

Sense of obligation

• 4.1 Never lobby an official where the official could reasonably be seen to have a sense of obligation towards you because you have a close relationship with the official.
• 4.2 Never lobby an official or their associates where the official could reasonably be seen to have a sense of obligation towards you because of political work – paid or unpaid – you are doing or have done for the benefit of the official, unless the cooling-off period has expired.
  • Reduction or determination of the cooling-off period:
  • The Commissioner may reduce or, where applicable, determine a cooling-off period following political work (rule 4.2) by considering any factors that the Commissioner deems relevant, including:
    • the nature of the political work performed and/or its importance to the official
    • the degree of interaction with the official
    • the duration and/or the amount of time spent performing the political work
  • Failure to respect a cooling-off period set by the Commissioner constitutes noncompliance with rule 4.2.
• 4.3 Never lobby an official where the official could reasonably be seen to have a sense of obligation towards you in circumstances beyond the scope of other rules in this Code.

Definitions

Terms referred to in the rules are defined as follows:

General

client

Any person, group, corporation or organization that pays or promises to pay money or anything of value to a consultant lobbyist.

employer

A corporation or organization that employs one or more individuals who lobby on its behalf (in-house lobbyists).

grassroots appeal

A communication technique by which lobbying can be conducted as defined in paragraph 5(2)(j) and referred to in paragraph 7(3)(k) of the Lobbying Act.

lobby or lobbying

Communicating as described in paragraphs 5(1)(a) or 7(1)(a) of the Lobbying Act or arranging a meeting as described in paragraph 5(1)(b).

official

Any ‘public office holder’ as defined in subsection 2(1) of the Lobbying Act.

registrant for an employer

The employee holding the most senior paid office of a corporation or organization who is responsible for registering lobbying carried out by employees – defined in subsection 7(6) of the Lobbying Act as the ‘officer responsible for filing returns’.

Gifts and hospitality

annual limit

The maximum combined value of low-value gifts and low-value hospitality that can be provided to the same official within a calendar year.

The annual limit for all allowed gifts and hospitality, combined, is $200 in 2023 dollars.*

indirectly

Where:

• a person or entity provides a gift or hospitality to an official at the lobbyist’s suggestion or request
• the lobbyist provides a gift or hospitality to an official on behalf of another person or entity

gift

Anything of value provided for free, without charge, at a reduced rate, or at less than market value, with no obligation to repay.

Examples:

• door prize
• entertainment activity
• gift certificate, voucher
• money, loan, credit
• parking
• product
• promotional item
• property or use of property
• service
• ticket, pass or access to an event
• token of appreciation
• travel, including sponsored travel, an excursion, transportation

The term ‘gift’ does not include:

• hospitality as defined in this Code
• customary expressions of a lobbyist’s Indigenous cultural tradition or practice

hospitality

Food or beverage provided for consumption during an in-person gathering (meeting, lobby day, event, reception, etc.).

low-value

The maximum value of a gift or instance of hospitality that can be provided to an official, assessed using the market price without discount for anything that has been donated or subsidized.

Low-value for an allowed gift or instance of hospitality is $40 in 2023 dollars*, before taxes and any shipping costs.

Low-value for hospitality also excludes gratuities and catering, rental or service charges.

The value of an instance of hospitality is determined on a per-person basis by dividing the total cost of the food and/or beverage by the number of all individuals reasonably expected to attend the gathering.

Low-value for hospitality:

• cannot be circumvented by allocating food and beverage costs to venue rental fees, facility fees, catering or service charges, event management expenses, or similar expenses
• is not determined by the quantity of food and beverage consumed by an official, and there is no requirement to track what an official consumes while attending a gathering

promotional item

A gift that typically has corporate branding or messaging used in the marketing of a product, service or entity.

token of appreciation

A gift provided as an expression of gratitude to an official for serving in an official capacity such as a speaker, presenter, panelist, moderator or for performing a ceremonial role.

* Note about the low-value and annual limit amounts:

On a yearly basis, the Commissioner may take inflation into account in adjusting the low-value and annual limit amounts. In doing so, the amounts will be calculated relative to 2023 prices based on Statistics Canada’s consumer price index.

Sense of obligation

Close relationships

close relationship

A close bond – based on personal affection, on mutual trust or loyalty, or on professional, business or financial interdependence – that extends beyond simply being acquainted.

Examples:

• close family relationships, such as close family by blood, birth, marriage, adoption or common law, or any relative or other person permanently residing in the same household
• close personal relationships, such as close or best friends, or intimate or romantic partners (excludes people known only through broad social circles or networks)
• close working relationships, such as prominent or longstanding professional relationships developed by working closely together (having worked for the same entity, employer or client does not, on its own, qualify as having a close relationship)
• close business relationships, such as owning or closely collaborating in a business or in a consortium of businesses
• close financial relationships, such as sharing ownership in property or co-managing shared investments

Political work

associate

In relation to ministers (including ministers of state), includes:

• their staff
• any parliamentary secretary in the performance of their function of assisting that minister, as well as the staff of any such parliamentary secretary

In relation to members of the House of Commons or the Senate, includes their staff but excludes their fellow parliamentarians.

cooling-off period

The amount of time that must pass before lobbying an official or their associates when political work – paid or unpaid – has been done for the benefit of that official. This period is calculated from the day after the political work ended.

The applicable cooling-off periods are set out in the definition of ‘political work’.

political work

Paid or unpaid work of a political or partisan nature during or between election periods for the benefit of an official. This includes any role, function or task performed:

• when the official was a nomination contestant, leadership contestant or election candidate
• for the official’s political party, including any affiliated electoral district association

Political work includes:

1) leadership or senior political roles performed for the official or their political party

• Cooling-off period: 24 months, unless a reduction is granted by the Commissioner

Examples:

• serving as a designated spokesperson
• serving as a campaign manager
• serving in a senior position in a leadership or election campaign
• serving on the executive of an electoral district association
• preparing a candidate or official for an appearance, including speeches and debates
• organizing political fundraising
• organizing political or campaign events
• directing or coordinating political research or data analysis
• developing or coordinating political messaging or advertising

2) other political roles, functions or tasks

• a) involving frequent and/or extensive interaction with the official (around or more than either 3 times or 8 hours per week worked)
  – or –
• b) performed on a full-time or near-full-time basis for the official or their political party (around or more than 24 hours per week worked)
• Cooling-off period: 12 months, unless a reduction is granted by the Commissioner

Examples:

• canvassing
• fundraising, including soliciting or gathering donations
• distributing or disseminating campaign materials
• coordinating campaign office logistics
• performing political research or data analytics tasks
• carrying out political or campaign event logistics

3) engaging in fundraising that could reasonably be seen to be significant to the official

• Cooling-off period: 12 months or less, determined by the Commissioner on a case-by-case basis

Political work does not include other forms of political participation, such as:

• attending a fundraising or campaign event
• personally displaying election signs or posting digital campaign material during an election period
• expressing personal political opinions
• making a political contribution in accordance with election law
• being a member of a political party at any level of government in Canada

Sense of obligation

sense of obligation

Means a feeling of owing something (or feeling beholden) to another person.

Examples may include situations where:

• the lobbyist, or the lobbyist’s client or employer
  • employed the official before they became an official
  • employed or continues to employ a close family member of the official
  • engaged in partisan activities for the benefit of the official (beyond the scope of political work as defined in this Code)
  • provided gifts or hospitality exceeding the annual limit set in this Code to the official before they became an official
• the lobbyist’s client or employer provided gifts or hospitality exceeding the annual limit set in this Code to the official