February 19, 2008

Government Relations

Construction and design industry associations decry City of Toronto’s new registry for lobbyists

“Like killing a fly with a sledgehammer,” says Clive Thurston, president of the Ontario General Contractors Association

PATRICIA WILLIAMS

staff writer

Associations representing the design and construction sectors are seeing red over the establishment of a “draconian” lobbyist registry by the city of Toronto.

Clive Thurston

“It’s like killing a fly with a sledgehammer,” said Clive Thurston, president of the Ontario General Contractors Association.

The registry became operational Feb. 11. Toronto is said to be the first Canadian city to establish such a registry. Lobbying without registering is subject to a fine of up to $25,000.

The requirements apply to both associations and individual companies engaged in lobbying activities. A concern is that registrations must be updated prior to each communications, a potentially time-consuming process.

John Gamble

“I understand what the city is trying to accomplish,” said John Gamble, president of Consulting Engineers of Ontario (CEO). “I support the underlying intent. However, the solution is disproportionate to the size of the problem.”

The definition of lobbyist includes paid consultants, in-house staff employed by businesses and associations and volunteers acting on behalf of businesses or non-profit associations.

“The city now has the dubious distinction of having the most onerous and oppressive lobbyist registration regime of any level of government anywhere in the country,” CEO said in an advisory to its members.

The city said the purpose is to enhance public confidence in the integrity and impartiality of its decision-making processes by making lobbying activities open and accessible to the public.

Parties will be required to register before lobbying any public office holder among them, the mayor, councillors and staff, city employees and members of advisory boards and committees.

Lobbying is defined by the city as: “To communicate with a public office holder outside of a public process about matters of interest or benefit to the lobbyist and their client, business or organization.

“Communication may be about a bylaw, bill or resolution on any matter that requires a decision by city council, a local board or a delegated decision maker.

“This includes matters regarding policies or programs, the purchase of goods and services and the awarding of contracts, applications for a service, grant planning approval or other licence.

Forms of communication include “any form of expressive contact” including oral, written or electronic communication.

While there are some exemptions such as communications that are part of the public record and submissions made as part of the procurement process, the measures are considered burdensome by industry associations.

“The requirements are extremely broad and onerous, creating a real disincentive to engage the city in constructive dialogue or to offer innovative thinking,” Gamble said.

“Our fear is that the administrative burden of compliance will only serve to further insulate the city from its stakeholders.”

That view was echoed by Karen Renkema, director of government relations at the Ontario Road Builders’ Association.

“The city is just adding another layer of bureaucracy,” she said.

“Funds that go towards this could be used for much-needed infrastructure improvements.

“The infrastructure deficit continues to rapidly increase while the city of Toronto takes the time and money to track every person who may have a conversation with a councillor or city employee.”

Trade associations such as OGCA are also concerned with the impact the registration requirements will have on ongoing dialogue with city officials.

The association has been meeting with city staff for the past two years, in an attempt to streamline the construction-procurement process.

“This gets in the way,” said Thurston.

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