Besides having to sign into the registry, lobbyists must respect a code of conduct and avoid doing certain things that are forbidden by law.

The rules cover the practice of lobbying and also deal with lobbyists who have been public office holders themselves in the past.

No. Although they can be paid for lobbying activities, consultant lobbyists and enterprise lobbyists are not allowed to accept payment that varies depending on the success of their activities.

For example, Peggy asked Henry to lobby the municipal authorities to change the zoning regulation. Peggy suggests that she pay Henry his fees only if he succeeds in convincing the authorities to change the regulation. If Henry accepts this offer, he will be breaking the law.

No. When working as a lobbyist, former a public office holder cannot:

• gain an undue (unjust or illegitimate) advantage from the job he had before, nor can he lobby in relation to a proceeding, negotiation or operation that he worked on while in public office;
  
  
• divulge confidential information or give advice based on information obtained while working in the public sector, where the information is not accessible to the public.

These rules apply to all people who used to be public office holders, and the restrictions are permanent.

Under the law, some public office holders who hold high positions in government or municipal institutions are not allowed to lobby for a certain period of time after they leave office.

If a person leaves her public office after working at a parliamentary, governmental or municipal institution during the previous year, she cannot lobby any of the public office holders at that institution later on.

These people also may not lobby institutions where they had official, direct and significant relations during the year before they left public office.

At the government level, people who fall under this rule include:

• members of the Executive Council;
  
• Members of the National Assembly authorized to sit in Cabinet;
  
• members of the political staff of ministerial offices;
  
• public servants occupying a job at the state administration level (deputy ministers, for example);
  
• etc.

In the municipal field, some of the people subject to the rule include:

• mayors;
  
• borough mayors;
  
• police commissioners;
  
• chairs of metropolitan community councils;
  
• members of the executive committee of a municipality or of a metropolitan community;
  
• directors-general or assistand directors-general of a municipality or a metropolitan community;
  
• secretary-treasurers of a municipality regulated by the Municipal Code.

For example, in the case of a minister, during his mandate the minister cannot do any lobbying activities at all, whether with Members of the National Assembly, the Executive Council or government ministries. The minister also cannot lobby any institution covered by law where he had official, direct and significant relations during the year before his mandate ended. The rule against ministers lobbying applies to the whole government, as ministers sit on the Executive Council where the business of the government is dealt with.

The length of the prohibition varies. For people who were ministers, Members of the National Assembly authorized to sit in Cabinet, mayors or directors of supramunicipal organizations are subject to the rule for two years. For other people, the prohibition lasts for a year.

The law imposes a time period during which certain former public office holders cannot act as consultant lobbyists toward any parliamentary, government or municipal institution covered by the Act.

This prohibition applies to:

• members of the Conseil exécutif;
  
• political staff of ministerial offices;
  
• deputy ministers and certain other kinds of high-level public servants.

For the prohibition to apply, the person must have been a public office holder for at least one year during the two years before he stopped being a public office holder. If this is the case, the length of the prohibition is two years in the case of members of the Conseil exécutif and the Members of the National Assembly authorized to sit on it. For other people, the prohibition lasts for one year.

Among other things, the Code of Conduct demands that the lobbyist:

• take the public interest into account when making statements;
  
• act with professionalism, honesty and integrity;
  
• ensure the accuracy and validity of the information given;
  
• respect the public’s right to have correct information in any of his communications aimed at influencing public opinion;
  
• avoid making false or misleading statements to a public office holder or lead anyone into error on purpose;
  
• not encourage a public office holder to disobey the rules of conduct she is expected to observe;
  
• avoid putting undue (exaggerated, abusive) pressure on a public office holder;
  
• avoid placing himself in a conflict of interest or representing clients with competing or divergent interests without the permission of the people whose interests are at stake and without advising the public office holder;
  
• specify the identity of his clients and the goal of their actions to the public office holder.

When, after an investigation, the Lobbyists Commissioner concludes that a person violated the rules that cover lobbying in some way, he makes a report to the Attorney General. When she receives such a report, the Attorney General can:

• demand that the person pay back the value of any payment (money, benefit, etc.) received or payable in return for the illegal lobbying activities;
  
  For example, Henry lobbied and was paid $ 20,000 for his work, without being registered. The commissioner investigated the situation and sends a report about this to the Attorney General. The Attorney General now claims $ 20,000 from Henry.
  
  
• begin a penal prosecution against the person who appears to have committed the offence.

The law includes many possible offences, including:

• engaging in lobbying activities without being included in the registry;
  
• making a false declaration when registering;
  
• hindering the work of the investigation or the inspection of the commissioner or the people acting in his name;
  
• failing to respect certain provisions in the Code of Conduct.

The fines imposed if there is a conviction vary between $500 and $25,000. If there is a repeat offence and a person is convicted more than once, the possible fines are doubled
($1,000 to $50,000).

In case of a serious or repeated violation of the rules covering lobbying activities, the commissioner can also take disciplinary measures, including:

• preventing the person at fault from registering in the registry of lobbyists;
  
• cancelling the person’s registration.

These two measures cannot last for longer than one year.

Before making a decision about a disciplinary measure, the commissioner must inform the person concerned about the situation and allow him to explain his point of view. The person targeted by a disciplinary decision from the commissioner can contest the decision by appealing before the Court of Québec.

Chosen by the National Assembly to watch over and assess lobbying activities in Quebec, the commissioner is independent from the government. He is appointed for five years by two thirds of the Members of the National Assembly of Québec and reports on his activities to this institution every year. The commissioner cannot be removed without a resolution passed by two thirds of the Members of the National Assembly.

The Lobbyists Commissioner must develop and adopt a Code of Conduct for Lobbyists, which sets out the standards that regulate and guide lobbyists in their activities.

The commissioner can do inspections to make sure the rules on lobbying are being respected. Also, when he has reasonable grounds to believe that people are not respecting these rules, he can conduct investigations.

During inspections, any person authorized by the commissioner can enter the office of a lobbyist or a public office holder. The inspector can demand that the people present hand over:

• information on lobbying activities;
  
• documents, books, registries or accounts.

The inspector is allowed to make copies of any documents. Those who possess them must even help him find and consult the documents; otherwise, there could be penal prosecutions.