SAVE THE DATE!
16th Annual Administrative Law, Labour and Employment Law Conference
November 27-28, 2015
Section Weighs in on Lobbyists’ Code of Conduct
The CBA's National Administrative Law Section has commented on the revised Lobbyists’ Code of Conduct released for consultation by the Commissioner of Lobbying of Canada in October 2014. The Section’s submission concludes that the revisions more effectively match the rules to the Lobbying Act and offer greater certainty about the ethical obligations and conduct expected of registered lobbyists. Several of the Commissioner’s proposed revisions reflect the comments offered by the CBA Section in a January 2014 submission. In this most recent submission, the Section has recommended several further amendments to the proposed Code. These recommendations deal with issues such as personal friendships with public office holders, gifts and hospitality, and the application of the Code to in-house lobbyists working for large organizations.
Fine-tuning of accountability urged
The CBA's National Administrative Law Section has made recommendations to fine-tune the accountability of current and former public office holders under the Conflict of Interest Act, including politicians, senior public servants, and order in council appointees. The CBA also recommends that other officials not currently required to report, such as the governor of the Bank of Canada, be added to those already subject to oversight by the Ethics Commissioner.
Guy Giorno, executive member of the CBA’s National Administrative Law Section and chair of the CBA’s Lobbying and Ethics Committee, appeared before the Standing Committee on Access to Information, Privacy and Ethics on February 25.
Training administrative tribunal members on the Charter
Following a resolution passed at the 2011 Mid-Winter meeting in Charlevoix, the CBA is urging the federal, provincial and territorial governments to develop and implement a mandatory training program for all members of tribunals on the Canadian Charter of Rights and Freedoms. The objective is for tribunal members with authority to deal with legal questions to gain a practical understanding of the Charter and how it applies to their jurisdiction.
“The Supreme Court of Canada recently held, in R. v. Conway, that every administrative tribunal with authority to deal with questions of law has the jurisdiction to apply the Charter and to issue remedies in accordance with it,” says Mathieu Bouchard, chair of the Administrative Law Section, in his letter to Justice Minister Rob Nicholson.
Read the letter
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Intra Vires (March 2014)
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