Guidelines on Lobbyists and Crown Corporations

Letter Sent by the Clerk of the Privy Council to Crown Corporations

September 6, 1985

I have been asked by the Prime Minister to inform you that the Government will shortly introduce legislation designed to regulate lobbying activity.

In light of this development, I have also been asked to convey to you the Government's desire to ensure that its relationship with Crown corporations henceforth be conducted without benefit of paid intermediaries under contract with Crown corporations. Even though, as you know, there have been only isolated instances of such practices, you should be advised that it is considered inappropriate for legal firms and other consultants to be engaged for the purpose of acting on behalf of a Crown corporation in its dealings with the Government. The same is true of consultants being retained to advise a Crown corporation on methods of gaining access to the Government or in accomplishing its objectives in respect of the Government. It is believed that such matters are best handled by senior officers of the Crown corporation dealing directly with members of the Government and their officials.

Your co-operation in this regard is requested.

Additional Information in a Letter Sent to Crown Corporations by the Assistant Secretary, Crown Corporations Directorate of  the Department of Finance and Treasury Board Secretariat

October 17, 1989

Generally, lobbying is defined under the Lobbyists Registration Act as "communicating with a public officer holder" in an "attempt to influence" such matters as the development of legislative proposals or regulations, government policy or program development and the awarding of any monetary grant or contract by or on beh+alf of Her Majesty in right of Canada. Public office holders include, among others, all employees of government departments and all Governor-in-Council appointees to Crown corporations.

Communication with government (Ministers, departments, central agencies) on the mandate, strategies or objectives of a corporation or on the day-to-day operational or administrative conduct of the business affairs of the corporation would not appear to be an attempt to influence any of the activities enumerated in the Lobbyists Registration Act as subject to lobbying, and therefore, would not be within the scope of the Act. Also, Crown corporation employees seeking information, or providing their views or advice at the request of government, would not be defined as lobbyists.