September 21, 2010

For the first time since the Lobbying Transparency and Ethics Act (the "Act") came into force in 2002, M^tre François Casgrain, Québec's Lobbyists Commissioner, imposed disciplinary penalties last August 24 on three people who lobbied without being registered in the registry of lobbyists.  These penalties come in the wake of an inquiry conducted by the Commissioner in 2009 in the Bas-Saint-Laurent region.  The inquiry, which was notably directed to the activities of the firm BPR, revealed 84 breaches of the Act.

The inquiry also led to Mr. Jean D'Amour entering a guilty plea for breaching the Act after the inquiry report was submitted by the Commissioner on January 26, 2010.

Mr. Stephen Davidson received a 120-day prohibition for 24 breaches of the Act, Ms. Annie Lefebvre received a 45-day prohibition for seven breaches, while Mr. Francis Gagnon received a 30-day prohibition for five breaches.

Up until now, the Commissioner had not yet exercised the powers granted to him by Division I, Chapter IV of the Act, titled "Disciplinary Measures."  Under section 53, the Commissioner may, if he ascertains that a lobbyist has gravely or repeatedly breached the obligations imposed by the Act or the code of conduct adopted under the Act, prohibit the registration of the lobbyist or order the cancellation of all entries in the registry concerning the lobbyist.  The prohibition or cancellation period may not exceed one year from the effective date of the Commissioner's decision.

Under section 54 of the Act, before issuing a decision, the Commissioner must inform the lobbyist of the intended decision and the reasons therefor and of the content of any complaints regarding the lobbyist. The Commissioner must also give the lobbyist the opportunity to present observations and, where necessary, to file documents to complete his file.

Under section 56 of the Act, the Registrar must refuse to make any entry in the registry concerning the lobbyist until the expiry of the prohibition or cancellation period.  Section 57 of the Act allows a lobbyist affected by such a decision to appeal the Commissioner's decision before a judge of the Court of Québec upon a motion served on the Commissioner. The appeal does not suspend the decision of the Commissioner unless the judge decides otherwise.  The decision of the judge is final.

Finally, according to section 64 of the Act, any lobbyist who engages in lobbying activities in contravention of a decision of the Lobbyists Commissioner prohibiting the registration of the lobbyist in the registry of lobbyists or ordering the cancellation of all entries in the registry concerning the lobbyist is guilty of an offence and liable to a fine of $5,000 to $25,000, which fines are doubled in the event of a second or subsequent offence.