Environment Minister Jim Prentice confirmed today that about 18 months ago, former Edmonton MP Rahim Jaffer approached Prentice in the Parliament buildings to inquire about federal subsidies for “green” projects. Prentice said he took about “30 seconds” to tell Jaffer the green infrastructure funds had nothing to do with him. Some time after that, Jaffer and his partner Patrick Glemaud brought three projects to the attention of MP Brian Jean and, according to Jean, asked Jean's advice about their suitability for accessing federal infrastructure funding. Glemaud says they were merely “information gathering” sessions with Jean.
Neither Jaffer nor Glemaud were, at the time, registered lobbyists. Should they have been? Certainly, the Liberals think so and have said as much. The Liberals have asked the Lobbying Commissioner to investigate.
Glemaud told me Tuesday: “There was no lobbying ever involved. We never collected any money. We have no contract whatsoever.”
Glemaud has also filed a letter with the Lobbying Commissioner promising to co-operate fully. This is an excerpt from that letter:
This letter is to serve notice that GPG – Green Power Generation Corp. and its Directors, Mr. Rahim Jaffer and Mr. Patrick Glémaud, intend to cooperate fully with your office if any investigation or review is initiated regarding the alleged violations raised in the above noted letter from the Liberal Party of Canada. In the event of an investigation, we hope that this matter will be dealt with as quickly as due process will allow.
As per “The Lobbying Act: A Summary of New Requirements”, dated June 2008, “The Lobbying Act defines activities that, when carried out for compensation, are considered to be lobbying.” GPG and its Directors are of the position that the corporation and its Directors, Mr. Jaffer and Mr. Glémaud, did not undertake any “lobbying activities” on behalf of any person or organization in exchange of payment as per the provisions of the Lobbying Act and its related Regulations. The allegations raised by the Liberal Party in its letter dated April 12, 2010 are false and inaccurate, and are simply the result of ongoing political machinations.
Jaffer has not responded to any of my interview requests.
Let's look at The Lobbying Act for what it can tell us on this question.
The Act, in its entirety, is here.
First of all, Jaffer and Glemaud were business partners in a corporation they set up called Green Power Generation Inc. There is no indication that they were seeking information from Prentice or Jaffer on behalf of clients of their corporation. They were seeking information on their own company's behalf. So, the part of the Act that applies here would be Section 7, which deals with “In House Lobbyists (Corporations or Organizations).
7. (1) The officer responsible for filing returns for a corporation or organization shall file with the Commissioner, in the prescribed form and manner, a return setting out the information referred to in subsection (3) if:
(a) the corporation or organization employs one or more individuals any part of whose duties is to communicate with public office holders on behalf of the employer or, if the employer is a corporation, on behalf of any subsidiary of the employer or any corporation of which the employer is a subsidiary, in respect of …
(v) the awarding of any grant, contribution or other financial benefit by or on behalf of Her Majesty in right of Canada;
If I read this correctly — and I'm no lawyer, though Glemaud is — that if you wish to communicate with a public office holder on behalf of your company “in respect of” getting a government grant, then you must file a return with the Commissioner of Lobbying, i.e. register.
So who are these public officer holders?
Let's go back to the Act and Section 2, on “Definitions:””
“public office holder” means any officer or employee of Her Majesty in right of Canada and includes
(a) a member of the Senate or the House of Commons and any person on the staff of such a member,
So clearly, Prentice and Jean, because they were both members of the House of Commons are “public office holders”.
There are punishments for failing to register and they are not insignificant. The Act says that every individual who fails to register when, according to the Act, they ought to have registered is liable, “on summary conviction” to a fine of up to $50,000 or a prison term of six moths and if convicted on indictment, to a fine of up to $200,000 and prison term of up to two years.
The Commissioner of Lobbying maintains an online database, incidentally, which anyone can search to see who is a registered lobbyist and what activities they are lobbying about.
“Neither Jaffer nor Glemaud were, at the time, registered lobbyists. Should they have been? Certainly, the Liberals think so and have said as much. The Liberals have asked the Lobbying Commissioner to investigate.”
Questions are raised here about
• whether Jaffer and Glemaud were actually lobbying
• if so, were they registered as lobbyists
• if actually and verifiably involved in lobbying, but not registered, they would be in breach of lobbying regulations and subject to heavy penalties
Perhaps some jumping to conclusions here. In the previous thread, I pointed to an inaccuracy in the TorStar article you referenced, simply to illustrate the press doesn't always have all the “facts”.
Is meeting a minister in a hallway and saying something akin to “Hey Jim, is there any funding for “green” projects available?” now to be construed as lobbying? Is being seen talking to former colleagues at a social function also construed as lobbying?
Yes, I know, my tendency to believe most people at their word unless there is concrete evidence to the contrary has been termed charmingly naive.