Legislative Assembly of Alberta The 27th Legislature Fourth Session Standing Committee on Legislative Offices Lobbyists Act Review Tuesday, September 6, 2011 10:02 a.m. Transcript No. 27-4-3 Legislative Assembly of Alberta The 27th Legislature Fourth Session Standing Committee on Legislative Offices Mitzel, Len, Cypress-Medicine Hat (PC), Chair Lund, Ty, Rocky Mountain House (PC), Deputy Chair Bhullar, Manmeet Singh, Calgary-Montrose (PC) Blakeman, Laurie, Edmonton-Centre (AL) Campbell, Robin, West Yellowhead (PC) Hinman, Paul, Calgary-Glenmore (W) Lindsay, Fred, Stony Plain (PC) MacDonald, Hugh, Edmonton-Gold Bar (AL) Marz, Richard, Olds-Didsbury-Three Hills (PC) Notley, Rachel, Edmonton-Strathcona (ND) Quest, Dave, Strathcona (PC) Rogers, George, Leduc-Beaumont-Devon (PC) Office of the Ethics Commissioner Participants Neil R. Wilkinson Ethics Commissioner Brad Odsen, QC Registrar, Lobbyists Act, and General Counsel Department of Justice and Attorney General Participant Joan Neatby Solicitor, Legislative Reform Support Staff W.J. David McNeil Clerk Shannon Dean Senior Parliamentary Counsel/ Director of House Services Robert H. Reynolds, QC Law Clerk/Director of Interparliamentary Relations Corinne Dacyshyn Committee Clerk Jody Rempel Committee Clerk Karen Sawchuk Committee Clerk Rhonda Sorensen Manager of Corporate Communications and Broadcast Services Melanie Friesacher Communications Consultant Tracey Sales Communications Consultant Philip Massolin Committee Research Co-ordinator Stephanie LeBlanc Legal Research Officer Rachel Stein Research Officer Liz Sim Managing Editor of Alberta Hansard Transcript produced by Alberta Hansard September 6, 2011 Legislative Offices LO-279 10:02 a.m. Tuesday, September 6, 2011 Item 4. This takes us to the technical briefing on the Lobbyists Title: Tuesday, September 6, 2011 lo Act from the office of the Ethics Commissioner. I’m glad that Mr. [Mr. Mitzel in the chair] Wilkinson and Mr. Odsen are here from the office, and I’d ask Mr. Wilkinson if he wishes to make a few opening remarks. The Chair: Good morning, everyone, and welcome to the meet- ing of the Standing Committee on Leg. Offices for the review of Mr. Wilkinson: Yes, I do. Thank you very much, hon. chair. the Lobbyists Act. Hon. members, staff, and guests, thank you for inviting us. We’re I’d like to ask the members and those joining the committee at certainly very pleased to be here – there’s no doubt about that – to the table to introduce themselves for the record. My name is Len speak about the history, roles, and responsibilities and also to Mitzel, and I am the chair of this committee. provide you with a tour of how the Lobbyists Act operates through the office of the Ethics Commissioner, through the registry and the Mr. Lund: Ty Lund, MLA for Rocky Mountain House. registrar, Mr. Odsen, to my right. We are pleased to have been given, we want you to know, the Mr. Rogers: George Rogers, MLA, Leduc-Beaumont-Devon. opportunity to implement and administer this act for you, and we Mr. Lindsay: Good morning. Fred Lindsay, MLA, Stony Plain. believe it is working well. Certainly, in our view, it has achieved desired outcomes and is of value to the people of Alberta. We Mr. Campbell: Robin Campbell, MLA, West Yellowhead. believe all Members of the Legislative Assembly should be proud of it. Of course, we’ll be happy to answer any of your questions, Ms Blakeman: I am so thrilled to invite each and every one of you give any presentations you like, and obviously happy as well to to my fabulous, sunny, clear-blue-sky constituency of Edmonton- implement any changes as you see fit after your study of the act. Centre. I’m Laurie Blakeman. First of all, a bit of history. In the same year that Premier Ed Stelmach presented Bill 1 in the Legislature, the Ethics Commis- Ms Sales: Tracey Sales, communications services. sioner, as you know, became the registrar under the act. Don Mr. Wilkinson: Neil Wilkinson, Ethics Commissioner. Hamilton arranged for the secondment of Noela Inions, QC, from the office of the Information and Privacy Commissioner to take Mr. Odsen: Brad Odsen, lobbyist registrar. the lead in the development of the online registry. When her secondment ended, we were fortunate to be able to recruit Brad Ms Neatby: Joan Neatby, Alberta Justice. Odsen, also QC, as her replacement. Brad has done an excellent job, so it was not a difficult decision for me, as allowed under the Ms LeBlanc: Stephanie LeBlanc, legal research officer with the act, to delegate the registrar’s powers, duties, and responsibilities Legislative Assembly Office. to him except as stated under the act, and I’ll discuss that with you Dr. Massolin: Good morning. I’m Philip Massolin, committee a little later. research co-ordinator, Legislative Assembly Office. In addition to taking the lead and finishing the design and testing of the registry website, Mr. Odsen was also functioning as Mr. Reynolds: Good morning. Rob Reynolds, Law Clerk and registrar and responding to inquiries concerning the act even director of interparliamentary relations. before the act was proclaimed. He also undertook many edu- cational activities throughout the province of Alberta promoting Mr. Hinman: Good morning. Paul Hinman, MLA, Calgary- awareness of the act. Glenmore. Although the day-to-day administration and enforcement of the Lobbyists Act is delegated to the registrar, Mr. Odsen, there are Mr. MacDonald: Good morning. Hugh MacDonald, Edmonton- some things only the Ethics Commissioner can deal with as they Gold Bar. cannot be delegated. They are presented in detail on this slide, and I will summarize the four points for you. Only I can, one, exempt Ms Rempel: Jody Rempel, committee clerk, Legislative Assem- someone from the contracting prohibition, with or without bly Office. conditions; two, issue advisory opinions and interpretive bulletins; The Chair: Thank you very much. To note, Mr. Bhullar has three, submit a report of an investigation to the Speaker; and four, joined us at the meeting, and there will probably be a couple of ban serious offenders from lobbying. Ultimately, as you know, others coming as well. Good morning and welcome. under the act I am accountable to the Legislature for the perform- ance of the lobbyist registry. I accept that authority and, when Mr. Bhullar: Good morning, Mr. Chair. required, would not hesitate to exercise it. Mr. Resler, Mr. Odsen, and I regularly meet to discuss substan- The Chair: You’ve all had the online agenda. Are there any tive matters, and Mr. Resler, our chief administrative officer, has additions to the agenda? Seeing none, would someone please 20 years’ experience in the public service, a CMA degree, and has move the agenda for September 6, 2011? Moved by Mr. worked for four out of five of the legislative officers. Mr. Odsen, Campbell. All in favour? That is carried. our registrar, is also our corporate counsel, with many years’ At this point no members, I might add, have indicated that experience in business, nonprofit organizations, and his own law they’ll be teleconferencing, but there are a couple that may be practice as well. joining us yet. Members of the committee, I firmly believe the best decisions Item 3, the adoption of the meeting minutes. Mr. Lund has are more likely to result when there is informative discussion that moved that the minutes of the August 23 meeting of the Standing welcomes debate and a presentation of differing views that result Committee on Leg. Offices be approved as circulated. Are there in a consensus, realizing, of course, that the ultimate and final any errors or omissions? Seeing none, all in favour? That is responsibility for the decision is mine. carried. LO-280 Legislative Offices September 6, 2011 I also want to recognize Louise Read, our executive assistant, cluded in the regulations. While the regulations are also available for the support she provides to all of us. She is a vital part of our from that drop-down menu, in the resources I’ve reproduced that team, a team which we believe is working very well. list so that it’s like a quick guide for people to have a look at, and Glen, Brad, and I look forward to meeting with this committee this is just directly from the regulation. again in November and to reviewing in the next year the Conflicts Now, what we have is the ability to access registrations. You of Interest Act. can look at either recent registrations, all registrations, consultant Now it’s my pleasure to ask Mr. Odsen to take you through his lobbyist registrations, or organization registrations. The act pro- registry tour. vides for two kinds of lobbyists. Consultant lobbyists are those who are lobbying on behalf of a client, in essence, pursuant to an The Chair: Thank you very much, Mr. Wilkinson. engagement to lobby in some form or another, and they are paid Before I begin, just to note that Mr. Quest has joined us here. I by their client. Organization lobbyists, on the other hand, are forgot to mention at the very beginning, for everyone’s benefit, individuals whose employment requires them either explicitly or that there’s a requirement for a review of this act within two years implicitly to engage in lobbying activities on behalf of their after the act comes into force and then every five years thereafter, employer. and that’s the reason for this review. I just wanted to state that for So there are two different approaches to the identification of: the record. who is a lobbyist? Who are they lobbying on behalf of? Then We can move forward now. Mr. Odsen. there are, of course, different kinds of requirements in some respects in terms of disclosure of information, depending upon Mr.