Report on Investigation — The Lobbying Activities of Keith Beardsley (page 6 of 9)

Process

The Lobbyists' Code of Conduct investigation of Mr. Beardsley by the Investigations Directorate covered his activities at True North Public Affairs on behalf of DAVE Wireless during November and December 2009. These events took place during the period of the engagement of True North Public Affairs (TNPA) by DAVE Wireless. The investigation involved an examination of materials obtained, as well as information provided by Mr. Beardsley and his partners at TNPA, including the contractual arrangement between DAVE Wireless and TNPA. The investigation also included an examination of invoices for services rendered, correspondence with federal public office holders and interviews with federal public office holders, the partners of Mr. Beardsley and the clients of TNPA.

Following the investigation, a copy of the Investigations Directorate's report was sent to Mr. Beardsley to give him an opportunity to present his views. He provided his response in a letter dated April 24, 2012.

The report of the Investigations Directorate and Mr. Beardsley's views were taken into consideration, and form the basis of my Report on Investigation.

Lobbyist Registration

The Requirement to File a Return (Consultant Lobbyists)

Subsection 5(1) of the Lobbying Act sets out the requirement for consultant lobbyists to register their lobbying activities. It provides as follows:

  • 5. (1) An individual shall file with the Commissioner, 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 respect of
      1. the development of any legislative proposal by the Government of Canada or by a member of the Senate or House of Commons,
      2. 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,
      3. the making or amendment of any regulation as defined in subsection 2(1) of the Statutory Instruments Act,
      4. the development or amendment of any policy or program of the Government of Canada,
      5. the awarding of any grant, contribution or other financial benefit by or on behalf of Her Majesty in right of Canada, or
      6. 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 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 Lobbying Act took place:

  • An individual undertook to:
    • communicate with a public officer holder in respect of subjects listed in paragraph 5(1)(a) of the Lobbying 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.

Restriction on Lobbying Activity

Section 10.11 of the Lobbying Act establishes the five-year prohibition on lobbying activity. It provides as follows:

Five-year prohibition — lobbying
10.11 (1) No individual shall, during a period of five years after the day on which the individual ceases to be a designated public office holder,

(a) carry on any of the activities referred to in paragraph 5(1)(a) or (b) in the circumstances referred to in subsection 5(1);

(b) if the individual is employed by an organization, carry on any of the activities referred to in paragraph 7(1)(a) on behalf of that organization; and

(c) if the individual is employed by a corporation, carry on any of the activities referred to in paragraph 7(1)(a) on behalf of that corporation if carrying on those activities would constitute a significant part of the individual's work on its behalf.

Exception
(2) Subsection (1) does not apply in respect of any designated public office that was held only because the individual participated in an employment exchange program.