The Lobbying Act in Canada attempts to balance the importance of open access to Government with the public interest in knowing ‘who is engaged in lobbying activities’ (The Lobbying Act 1985). It is similar then to the American legislation that sought to publicise the activities of interest group interaction with Government in order to allow greater public inspection of an important part of the democratic process. It makes a distinction between ‘Consultant’ Lobbyists’ and ‘Inhouse’ Lobbyists, either for Corporations or Organisations. According to the Act:
A Consultant Lobbyist is an individual who, for payment on behalf of any person or organisation [client], undertakes to:
a. Communicate with a public office holder in respect of
i. The development of any legislative proposal by the Government of Canada…
ii. The development of any legislative proposal…
iii. The introduction of any Bill or resolution…
iv. The making of any amendment or any regulation
v. The development or amendment of any policy or program of the Government…
vi. The awarding of any grant, contribution or other financial benefit… or contract…
b. Arrange a meeting between a public office holder and any other person.
An in-house lobbyist is the employee of a corporation or organisation, any part of whose duty is to communicate with public office holders on behalf of the employer or, if the employer is a corporation, on behalf of any subsidiary of the employer or any corporation of which the employer is a subsidiary, in respect of:
One lesson from the Canadian experience was that a previous definition that included reference to ‘attempts to influence’ had to be amended. This was because enforcement of the provisions through the courts had to be abandoned as it was too difficult to establish evidence an ‘attempt to influence’ (Pross 2007: 14).
