Exemption Review Process
The Exemption Review Process is a fact-finding exercise, not a formal investigation, to assemble, analyze, and verify information in order to determine whether there are sufficient grounds for the Commissioner to grant an exemption from the five-year lobbying prohibition. All information gathered during this process is managed in accordance with government information policies and all applicable laws.
- An individual may begin the Exemption Review Process by applying to the Commissioner for an exemption in writing. The application should clearly indicate the reason(s) the applicant believes he or she should be exempt from the five-year lobbying prohibition. The applicant is responsible for supplying all relevant information and documentation in order to enable the Commissioner to determine that granting an exemption would be appropriate, and not contrary to the purposes of the Act.
A list of the information required for an exemption review will assist the Commissioner in making a prompt decision.
- Upon receipt of an application for exemption, an acknowledgement letter will be sent to the applicant in a timely manner, usually within seven business days. In the event that the five-year prohibition does not apply, the applicant will be informed.
- An officer from the Office of the Commissioner of Lobbying will analyze the information collected and prepare an Exemption Review Report. This report will address the circumstances of the five-year lobbying prohibition and whether an exemption from the prohibition should be granted. This may involve research and interviews with individuals who can provide relevant information.
- The Report and recommendations will be analysed and reviewed by the Commissioner.
- The Commissioner will inform the applicant in writing of the decision that the Commissioner intends to make and the reasons for the decision.
- The applicant will be given a reasonable opportunity to present his or her views regarding the decision that the Commissioner intends to make. The applicant will be provided 30 days in which to comment on this decision. The Commissioner will consider any further information received from the applicant prior to making a final decision regarding the exemption.
- The Commissioner will inform the applicant in writing of the decision that has been made and the associated reasons for that decision. If an exemption is granted, the Commissioner will provide a unique exemption number to the applicant which will be required when registering for any future lobbying activities.
- If the Commissioner grants an exemption, with or without conditions, the public will be informed of the exemption and the reasons for it, in compliance with subsection 10.11(4) of the Act with respect to a DPOH, or subsection 10.12(3) of the Act with respect to an identified member of a Prime Minister’s transition team. This information will be provided by posting a notice on our website. No such notification is required by the Act if an exemption is denied.