Report on Investigation — The Lobbying Activities of Mark Jiles
The Lobbyists' Code of Conduct investigation of Mr. Jiles covered his activities on behalf of the State of Washington during the period March 2006 to March 2007 and on behalf of the Motion Picture Production Industry Association of British Columbia during the period July 2005 to June 2007. The investigation involved an examination of the following:
- materials provided by the complainants, including contracts between Mr. Jiles and his clients and invoices for services rendered;
- interviews and correspondence with federal public office holders;
- interviews and correspondence with the clients of Mr. Jiles and Mr. Kinsella; and
- interviews with Mr. Jiles and Mr. Kinsella.
Following the investigation, a copy of the Investigations Directorate's report was sent to Mr. Jiles to give him an opportunity to present his views. He provided his response in a letter dated May 3, 2011.
The Investigations Directorate report and Mr. Jiles' views were taken into consideration, and form the basis of my Report on Investigation.
The Requirement to File a Return (Consultant Lobbyists)
Subsection 5(1) of the Lobbyists Registration Act, which was in effect during the period covered by this report, set out the requirement for consultant lobbyists to register their lobbying activities. It provided as follows:
- 5(1) An individual shall file with the registrar, in the prescribed form and manner, a return setting out the information referred to in subsection (2), if the individual, for payment, on behalf of any person or organization (in this section referred to as the "client"), undertakes to(a)communicate with a public officer holder in an attempt to influence
- the development of any legislative proposal by the Government of Canada or by a member of the Senate or House of Commons,
- the introduction of any Bill or resolution in either House of Parliament or the passage, defeat or amendment of any Bill or resolution that is before either House of Parliament,
- the making or amendment of any regulation as defined in subsection 2(1) of the Statutory Instruments Act,
- the development or amendment of any policy or program of the Government of Canada,
- the awarding of any grant, contribution or other financial benefit by or on behalf of Her Majesty in right of Canada, or
- the awarding of any contract by or on behalf of Her Majesty in right of Canada, or
(b)arrange a meeting between a public officer holder and any other person,
(1.1) An individual shall file the return(a)referred to in subsection (1) not later than 10 days after entering into the undertaking.
The Elements of Registrable Activity for Consultant Lobbyists
The following two elements were considered in the analysis of whether an activity deemed registrable under subsection 5(1) of the Lobbyists Registration Act took place:
- Whether the individual in question undertook to:
- communicate with a public officer holder in respect of subjects listed in paragraph 5(1)(a) of the Lobbyists Registration Act; or
- arrange a meeting between a public officer holder and any other person.
- The individual did so for payment and on behalf of any person or organization.