The role of a lawyer is rapidly changing in the wake of the COVID-19 pandemic. Increasingly, lawyers are being asked to not only interpret laws, but to also advocate for changes to laws. Lawyers who engage in this sort of advocacy should be aware of their obligations under the Ontario Lobbyists Registration Act (“Act”).
Lobbying is Defined Broadly
Lobbying is defined as communicating with a “public office holder”[1] in an attempt to influence a legislative proposal, bill, resolution, regulation, policy, program, grant, contribution, financial benefit, outsourcing decision or privatizing decision.[2]
In the case of lawyers who advocate on behalf of external clients, lobbying also includes “attempt[ing] to influence the awarding of any contract” and “arrang[ing] a meeting between a public office holder and any other person”.[3]
That being said, not all communications with public office holders constitute lobbying. There are limited exemptions for, among other things, communicating about the “enforcement, interpretation or application” of a law or regulation and communicating about the “implementation or administration” of a policy, program, directive or guideline.[4]
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