Lobbying in Canada

Over time, lobbying has transitioned from a practice associated with elites to a tool used by diverse civil society organizations.

[1] Government intervention in the late 20th century aimed to enhance transparency and establish ethical standards for lobbyists and officials.

Legislative frameworks at federal and provincial levels define lobbying parameters, registration requirements, and codes of conduct.

The current lobbying landscape in Canada includes a diverse array of interest groups, associations, and practices, with in-house lobbyists representing corporations and not-for-profit organizations.

These associations play a role in networking and advocacy within the lobbying profession, reflecting a complex interplay of interests and political dynamics.

During this period, the decision-makers that lobbyists were looking to influence were unelected Lieutenant Governors in addition to their Executive Councils (usually elites appointed to upper legislative chambers).

The influence of the compact and clique influence was substantially lessened after responsible government reforms such as elected upper houses brought on by the Durham Report after violence between the Family Compact and its oligopic state power and William Lyon Mackenzie's reform rebellion.

[6] Canadian political scientist Robert Presthus highlights that early interest groups had formed by this period.

Presthus finally identifies the first educational interest group, the Royal Institute for Advancement of Learning of Quebec in 1829.

[9] After Confederation, informal relationships between economic elites and first ministers continued, with the Pacific Scandal resulting from the Canadian Pacific Railway lobbying through bribery of first post-Confederation Prime Minister John A. Macdonald, causing MacDonald to favour the bid of the CPR over a competing company.

[14] These touring speeches were also paired with early instances of a non-governmental groups publicly circulating model legislation, not only locally, but lobbying for unified municipal planning bylaws across Canada.

[15] In 1918, the political patronage system was abolished for the federal public service, reducing the ability to lobby to be placed into a certain role.

[17] The period after the Second World War saw the United States institute its first comprehensive legislation restricting activities of lobbyists in 1946, but Canada declined to do so until 1989.

New organizations began as well: environmental groups and the umbrella advocacy alliance Canadian Council for International Co-operation were both founded in the 1960s.

[19] The emergence of the interest group can be linked to the "Old Tory" tradition of Great Britain, where networks of elites were thought to play an important role in informing the political system as to the development of policy.

While the kickback scheme did not apparently involve lobbying in the traditional sense, the Gomery Commission did make recommendations which were incorporated into legislation in 2006, which led to increased restrictions coming into force in 2008, including broader ability to prosecute lobbyists, and established the Commissioner of Lobbying, an officer of parliament, outside of the direct control of the government.

The improper influence of the Attorney General against the Shawcross principle became a major scandal which was criticized by the Conflict of Interest and Ethics Commissioner in a 2019 report.

The act also established a prohibition on many previous civil servants (usually at the level of assistant deputy minister or above) from becoming a lobbyist for the first 5 years after leaving their government post, extending the length of time after an infringement that a lobbyist could be prosecuted (from 2 to 10 years), and some other changes stemming from recommendations of the Gomery Commission.

He also notes that Canada, like the US, differs from lobbying to the European Union, as registration of lobbyists in the EU system was voluntary.

[37] Another association is the Public Affairs Association of Canada, which conducts advocacy work on behalf of the lobbying profession on the topic of lobbying regulation, and also provides services to members such as running networking events, and is likewise open to a wide range of political jobs.

For example, almost every government is interested in growing the economy, so the Canadian Federation of Independent Business frames their interests in generally more permissive regulations through the lens of a "stronger business environment", implying economic growth, employment, and general tax revenue.

[41] As another example, when provincial government in Ontario switched in 2018 to the Ford Ministry, focused on slimming government, doing-more-with-less, and an educational focus of making students ready for the workforce, an alignment that was likely to favour career colleges, the Council of Ontario Universities, which represents traditional universities issued a statement emphasizing their job-training function that they play.

[43] These associations in the 1970s were typically staffed by 2 or more full-time staff, including a director and a secretary, and many had others working in research or communications functions.

[44] Swiss sociologist Robert Michels has characterized interest organizations as typically having an oligarchical structure, with a membership that is not highly engaged, and directors and staff that spend a large amount of time focusing on the political sphere and as a result are given deference.

The director in this model begins to function as an intermediary between members of the association and with government officials, as well as an intermediary between members and the public through communication campaigns and through spokesmanship[45] Most associations were historically in the business or industry space, but Presthus notes that in 1970, there was substantial quantitively variation in the number of provincial advocacy groups, with more labour unions in BC, more business industries in Ontario, and more welfare groups in Quebec.

Some alternative forms of funding may have existed, with Presthus noting that companies were using trade booth space at conventions as a revenue stream.

[20] At that time, executive directors were well-paid on average, with approximately two-thirds of them being in the top earnings decile, with some variation by sector.

[56] Staff were noted to generally have deep subject matter, with approximately 40% of lobbyists having spent 10 years or more in the association or the industry.

An old man in a clerical dress stands alone against a plan background, looking out of the frame.
Bishop Strachan, who at the centre of the Family Compact, was both lobbied by elites, and very effectively lobbied the government.
A political cartoon, Prime Minister John A Macdonald has one foot on a weeping woman, face down, labelled "Canada". Macdonald looks chipper and unbothered by references to corruption in his speech, written on his hand, and in a document he carries.
A political cartoon of John A. Macdonald, lampooned for corruption. On his hand, "Another 10,000" references a request for more private donations for him to give a railway contract.
Jody Wilson Raybould, a previous Attorney General of Canada, who would resign from Justin Trudeau's cabinet in 2019 over her being improperly lobbied.
A man stands at a lectern. He looks at something in the distance out of the frame, wearing a neutral expression. He is reaching for a glass of water.
Stephen Harper during his 2006 election campaign. After this campaign, he would go on to be Prime Minister, and substantially reform the Lobbyist Registration Act.