T-11.011, r. 2 - Code of Conduct for Lobbyists

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chapter T-11.011, r. 2
Code of Conduct for Lobbyists
LOBBYING TRANSPARENCY AND ETHICS — CODE OF CONDUCT
Lobbying Transparency and Ethics Act
(chapter T-11.011, s. 37)
T-11.011
September 1 2012
PREAMBLE
The Lobbying Transparency and Ethics Act (chapter T-11.011) recognizes that lobbying is a legitimate means of access to parliamentary, government and municipal institutions and that it is in the interest of the public that it be able to know who is attempting to influence such institutions.
As part of the pursuit of the Act’s objectives to foster transparency in and the proper conduct of lobbying activities, this Code of conduct for lobbyists enacts standards to govern and guide lobbyists in the course of lobbying activities, which activities may contribute to informed decision-making by public office holders.
Together with the standards of conduct applicable to public office holders, this Code of conduct for lobbyists aims at contributing, in the best interest of democratic life, to the preservation and enhancement of the confidence citizens place in their parliamentary, government and municipal institutions.
Decision 2004-01-29, preamble.
CHAPTER I
OBJECT
1. The object of this Code is to establish standards of conduct for lobbyists in order to ensure that lobbying activities are properly conducted and to foster transparency in the lobbying of public office holders.
Decision 2004-01-29, s. 1.
CHAPTER II
GENERAL PROVISIONS AND INTERPRETATION
2. In case of doubt, lobbyists shall act in accordance with the spirit of the Lobbying Transparency and Ethics Act (chapter T-11.011), the regulations thereunder and this Code. For that purpose, lobbyists shall, in particular, take into account the notices issued and published by the Lobbyists Commissioner and the Lobbyists Registrar pursuant to sections 22 and 52 of the Act.
Decision 2004-01-29, s. 2.
3. In representing the special interests of a client, a business or an organization, lobbyists shall take the public interest into account.
Decision 2004-01-29, s. 3.
CHAPTER III
DUTIES AND OBLIGATIONS
DIVISION I
RESPECT FOR INSTITUTIONS
4. In carrying on their activities, lobbyists shall be respectful of parliamentary, government and municipal institutions and of public office holders. They shall also respect the right to equal access to those institutions.
Decision 2004-01-29, s. 4.
DIVISION II
HONESTY AND INTEGRITY
5. Lobbyists shall discharge the obligations pertaining to their lobbying activities and conduct such activities with honesty and integrity.
Decision 2004-01-29, s. 5.
6. Lobbyists shall ensure that the information they provide to a public office holder is, to their knowledge, accurate, complete and kept up to date.
Decision 2004-01-29, s. 6.
7. Lobbyists shall respect the right of the public to accurate information where, in support of lobbying activities, they use written or electronic means of communications to influence public opinion.
Decision 2004-01-29, s. 7.
8. Lobbyists shall refrain from making false or deceptive representations to a public office holder and from intentionally misleading anyone.
Decision 2004-01-29, s. 8.
9. Lobbyists shall not induce a public office holder to contravene the standards of conduct applicable to him or her.
Decision 2004-01-29, s. 9.
10. Lobbyists shall refrain from directly or indirectly exerting undue pressure on a public office holder.
Decision 2004-01-29, s. 10.
11. Unless they have obtained the informed consent of the persons whose interests are at stake and notified accordingly the public office holder they are lobbying, lobbyists shall not
(1)  represent competing or adverse interests; or
(2)  place themselves in a situation where there is a real, potential or apparent conflict between their direct or indirect personal interest and the interests they represent.
Decision 2004-01-29, s. 11.
12. Lobbyists shall not use, for purposes other than those of their mandate, confidential information obtained in the course of their lobbying activities.
Decision 2004-01-29, s. 12.
13. Lobbyists who are retained for compensation to advise a public office holder shall not lobby the parliamentary, government or municipal institution in which the public office holder exercises his or her functions, in connection with any question for which the lobbyists act as advisors.
Decision 2004-01-29, s. 13.
DIVISION III
PROFESSIONALISM
14. Lobbyists shall foster, among the public and through their professional dealings, a good understanding of their activities and of the legitimacy of such activities. In addition, they shall refrain from acting in any manner that may discredit the occupation of lobbyist.
Decision 2004-01-29, s. 14.
15. Lobbyists shall inform the client, business or organization whose interests they are representing, of their duties and obligations under the Lobbying Transparency and Ethics Act (chapter T-11.011), the regulations thereunder and this Code.
Decision 2004-01-29, s. 15.
16. When they communicate with a public office holder, lobbyists shall specify the identity of the client, business or organization whose interests they are representing as well as the purpose of the communication.
Decision 2004-01-29, s. 16.
17. Lobbyists shall not, by any means whatsoever, conceal or try to conceal the identity of the client, business or organization whose interests they are representing.
Decision 2004-01-29, s. 17.
18. Lobbyists shall be diligent and cooperative in their relations with the Lobbyists Commissioner and the Lobbyists Registrar. They shall particularly, within reasonable time,
(1)  answer any request for particulars relating to the information entered or to be entered in the registry of lobbyists;
(2)  upon request, amend or clarify any return, notice or request that is incomplete or is not in conformity with the Lobbying Transparency and Ethics Act (chapter T-11.011) or the regulations thereunder;
(3)  answer any request addressed to them by the Lobbyists Commissioner in the course of an inquiry or inspection.
Decision 2004-01-29, s. 18.
CHAPTER IV
FINAL PROVISIONS
19. Under section 33 of the Lobbying Transparency and Ethics Act (chapter T-11.011), the Lobbyists Commissioner is responsible for monitoring and controlling the lobbying of public office holders.
In accordance with Chapter IV of the Act, disciplinary measures and penalties may be imposed on a lobbyist in the event of a breach or infringement of this Code.
Decision 2004-01-29, s. 19.
20. (Omitted).
Decision 2004-01-29, s. 20.
REFERENCES
Decision 2004-01-29, 2004 G.O. 2, 1017