Item - 2016.EX13.2

Tracking Status

  • City Council adopted this item on May 3, 2016 with amendments.
  • City Council considered this item on March 31, 2016 and postponed its consideration to a later date. Consult the text of the decision for further information on the deferral.
  • This item was considered by Executive Committee on March 9, 2016 and was adopted with amendments. It will be considered by City Council on March 31, 2016.
  • See also By-law 418-2016

EX13.2 - Follow-up Report on Amendments to Toronto Municipal Code, Chapter 140, Lobbying ("Lobbying By-law")

Decision Type:
ACTION
Status:
Amended
Wards:
All

City Council Decision

City Council on May 3, 4 and 5, 2016, adopted the following:

 

1.  City Council enact amendments to Toronto Municipal Code, Chapter 140, Lobbying, as outlined in Attachment 1 to the report (February 23, 2016) from the City Manager, that will:

 

a. require that consultant lobbyists disclose their ultimate client;

 

b. enable the Lobbyist Registrar to impose conditions for registration, continued registration or renewal of registration against a lobbyist who has been found in breach of Toronto Municipal Code, Chapter 140, Lobbying, as permitted by section 166 of the City of Toronto Act, 2006; and

 

c. enable the Lobbyist Registrar to impose a temporary ban against a lobbyist who has been found in breach of Toronto Municipal Code, Chapter 140, Lobbying from communicating with public office holders for a specified period of time, as permitted by section 166 of the City of Toronto Act, 2006.

 

2.  City Council request the City Manager, in consultation with the Lobbyist Registrar and the City Solicitor, to review the requirements for labour unions, Fire Services, Toronto Paramedic Services, the Toronto Police Service and their associations to register and report to the Executive Committee with amendments to Toronto Municipal Code Chapter 140, Lobbying, as required.

 

3.  City Council request the City Manager, in consultation with the Lobbyist Registrar and the City Solicitor, to include in the report to the Executive Committee a definition of a "Not-for-Profit" organization.

Background Information (Committee)

(February 23, 2016) Report and Attachments 1 and 2 from the City Manager on Follow-up Report on Amendments to Toronto Municipal Code, Chapter 140, Lobbying (Lobbying By-law")
https://www.toronto.ca/legdocs/mmis/2016/ex/bgrd/backgroundfile-90749.pdf

Communications (City Council)

(April 1, 2016) Letter from John Capobianco, President, Public Affairs Associaton of Canada (CC.Main.EX13.2.1)
https://www.toronto.ca/legdocs/mmis/2016/cc/comm/communicationfile-60333.pdf
(April 23, 2016) Letter from David Arnold, President, Guildwood Village Community Association, Jennifer McKelvie, President, Centennial Community and Recreation Association, Ron Wootton, President, Coronation Community Association of West Hill, Larry Watmore, President, West Rouge Community Association, and Stephen Miles, President, Highland Creek Community Association (CC.Main.EX13.2.2)
https://www.toronto.ca/legdocs/mmis/2016/cc/comm/communicationfile-60334.pdf
(April 25, 2016) Letter from Timothy Dobson, Chair, Lakeshore Planning Council Corp. (CC.Main.EX13.2.3)
https://www.toronto.ca/legdocs/mmis/2016/cc/comm/communicationfile-60335.pdf
(April 27, 2016) E-mail from Monica Gupta, Chair, Friends of Christie Pitts Park (CC.Supp.EX13.2.4)
https://www.toronto.ca/legdocs/mmis/2016/cc/comm/communicationfile-60286.pdf
(April 27, 2016) E-mail from Todd Hofley, President, Liberty Village Residents' Association (CC.Supp.EX13.2.5)
https://www.toronto.ca/legdocs/mmis/2016/cc/comm/communicationfile-60285.pdf
(April 27, 2016) E-mail from Edward Hore, York Quay Neighbourhood Association (CC.Supp.EX13.2.6)
https://www.toronto.ca/legdocs/mmis/2016/cc/comm/communicationfile-60287.pdf
(April 27, 2016) E-mail from Vicki Trottier, President, Fort York Neighbourhood Association (CC.Supp.EX13.2.7)
https://www.toronto.ca/legdocs/mmis/2016/cc/comm/communicationfile-60288.pdf
(April 27, 2016) E-mail from Joanna DeMone (CC.Supp.EX13.2.8)
(April 28, 2016) E-mail from Scott Bradley, Co-Founder, Greenwood Community (CC.Supp.EX13.2.9)
https://www.toronto.ca/legdocs/mmis/2016/cc/comm/communicationfile-60290.pdf
(April 27, 2016) E-mail from Georgiana Beal (CC.Supp.EX13.2.10)
(April 28, 2016) E-mail from Lois Schklar (CC.Supp.EX13.2.11)
(April 28, 2016) E-mail from Lucia S. Dell'Agnese (CC.Supp.EX13.2.12)
(April 28, 2016) E-mail from Laura Jamer (CC.Supp.EX13.2.13)
(April 27, 2016) E-mail from Carolyn Wong, Friends of Trinity Bellwoods Park (CC.Supp.EX13.2.14)
(April 29, 2016) E-mail from Alan McFarland, President, Governors Bridge Ratepayers Association (CC.Supp.EX13.2.15)
(April 29, 2016) Letter from Sue Dexter, Harbord Village Residents' Association (CC.Supp.EX13.2.16)
https://www.toronto.ca/legdocs/mmis/2016/cc/comm/communicationfile-60327.pdf
(April 29, 2016) E-mail from David Harrison, Chair, Annex Residents' Association (CC.Supp.EX13.2.17)
https://www.toronto.ca/legdocs/mmis/2016/cc/comm/communicationfile-60328.pdf
(April 29, 2016) E-mail from Donna McFarlane (CC.Supp.EX13.2.18)
(April 29, 2016) Letter from Volunteer Board of Directors, Cabbagetown Residents Association (CC.Supp.EX13.2.19)
https://www.toronto.ca/legdocs/mmis/2016/cc/comm/communicationfile-60344.pdf
(May 1, 2016) Letter from Geoff Kettel and Cathie Macdonald, Co-Chairs, Federation of North Toronto Residents' Associations (FoNTRA) (CC.Supp.EX13.2.20)
https://www.toronto.ca/legdocs/mmis/2016/cc/comm/communicationfile-60345.pdf
(April 29, 2016) E-mail from Paul MacLean, Chair, Palmerston Area Residents Association (PARA) (CC.Supp.EX13.2.21)
(April 30, 2016) E-mail from Eric and Sherryn Lang, Casa Loma Residents Association (CC.Supp.EX13.2.22)
(April 30, 2016) E-mail from Robert Cooper (CC.Supp.EX13.2.23)
(May 1, 2016) E-mail from Don Purvis, Vice President, Cabbagetown South Residents Association (CC.Supp.EX13.2.24)
(May 1, 2016) E-mail from Dan Philips (CC.Supp.EX13.2.25)
(May 1, 2016) E-mail from Richard Reinert (CC.Supp.EX13.2.26)
(May 1, 2016) E-mail from Carole Ladocha (CC.Supp.EX13.2.27)
(May 1, 2016) E-mail from Dr. William Rankin (CC.Supp.EX13.2.28)
(May 1, 2016) E-mail from Rosemary Donegan (CC.Supp.EX13.2.29)
(May 1, 2016) E-mail from Bill Sinclair, Executive Director, St. Stephen's Community House (CC.Supp.EX13.2.30)
https://www.toronto.ca/legdocs/mmis/2016/cc/comm/communicationfile-60362.pdf
(May 1, 2016) E-mail from Sylvia Chan, Member, Garment District Neighbourhood Association (CC.Supp.EX13.2.31)
(May 1, 2016) E-mail from Margaret Vandenbroucke (CC.Supp.EX13.2.32)
(May 1, 2016) E-mail from Jane Robinson (CC.Supp.EX13.2.33)
(May 2, 2016) E-mail from Linda Brett, President, BENA (CC.Supp.EX13.2.34)
https://www.toronto.ca/legdocs/mmis/2016/cc/comm/communicationfile-60298.pdf
(April 29, 2016) Letter from Frank Ramaganano, President, Toronto Professional Fire Fighters' Association (TPFFA) (CC.Supp.EX13.2.35)
https://www.toronto.ca/legdocs/mmis/2016/cc/comm/communicationfile-60299.pdf
(May 2, 2016) E-mail from Peter Haidelmayer and Magda Wesolkowska, Helliwell Place Residents' Association (CC.Supp.EX13.2.36)
(May 2, 2016) E-mail from Kelvin Browne, Executive Director and CEO, Gardiner Museum (CC.Supp.EX13.2.37)
(May 2, 2016) E-mail from Karen Somerville (CC.Supp.EX13.2.38)
(May 2, 2016) E-mail from Paula Lukan (CC.New.EX13.2.39)
(May 2, 2016) E-mail from Marc Ct, Secretary-Treasurer, Winchester Park Residents' Association (CC.New.EX13.2.40)
(May 2, 2016) E-mail from David Flemming, Executive Secretary, Swansea Area Ratepayers' Association (CC.New.EX13.2.41)
https://www.toronto.ca/legdocs/mmis/2016/cc/comm/communicationfile-60367.pdf
(May 2, 2016) E-mail from Jeff Hanemaayer, Secretary/Treasurer, Governors Bridge Ratepayers Association (CC.New.EX13.2.42)
(May 2, 2016) E-mail from Cynthia Wilkey (for John Wilson and Cynthia Wilkey, Co-Chairs, West Donlands Committee) (CC.New.EX13.2.43)
https://www.toronto.ca/legdocs/mmis/2016/cc/comm/communicationfile-60373.pdf
(May 1, 2016) E-mail from Michele Cummings, President, Corktown Residents and Business Association (CRBA) (CC.New.EX13.2.44)
https://www.toronto.ca/legdocs/mmis/2016/cc/comm/communicationfile-60374.pdf
(May 2, 2016) E-mail from William James Colvin, President, Garden District Resident's Association (CC.New.EX13.2.45)
https://www.toronto.ca/legdocs/mmis/2016/cc/comm/communicationfile-60375.pdf
(May 2, 2016) E-mail from Susan Roy, Chair, Toronto Island Residents Association Executive (CC.New.EX13.2.46)
https://www.toronto.ca/legdocs/mmis/2016/cc/comm/communicationfile-60376.pdf
(May 2, 2016) E-mail from Shawn Winsor, President, Ossington Community Association (CC.New.EX13.2.47)
(May 2, 2016) E-mail from Murray Jose-Boerbridge (Toronto People with AIDS Foundation), Co-Chair, Toronto HIV/AIDS Network; Keith Hambly (Fife House), Co-Chair, Toronto HIV/AIDS Network; and Joan Anderson, Project Manager, Toronto HIV/AIDS Network Co-Chairs, Toronto HIV/AIDS Network (CC.New.EX13.2.48)
https://www.toronto.ca/legdocs/mmis/2016/cc/comm/communicationfile-60378.pdf
(May 2, 2016) Letter from Sean Meagher, Executive Director, Social Planning Toronto; Duberlis Ramos, Executive Director, Family Service Toronto and Chair of the City-Wide Agency Network; Rob Howarth, Executive Director, Toronto Neighbourhood Centres; and Liz Rykert, Co-Founder, Shape My City; The Toronto Nonprofit Network (CC.New.EX13.2.49)
https://www.toronto.ca/legdocs/mmis/2016/cc/comm/communicationfile-60384.pdf
(May 2, 2016) Letter from Valerie Eggertson, Secretary, Garment District Neighbourhood Association (CC.New.EX13.2.50)
https://www.toronto.ca/legdocs/mmis/2016/cc/comm/communicationfile-60385.pdf
(May 2, 2015) E-mail from Howard Katz, President and Ann Percival, Treasurer, Connaught Lonsmount Area Ratepayers Association (CLARA) (CC.New.EX13.2.51)
(May 3, 2015) E-mail from Michael Bradley (CC.New.EX13.2.52)
(May 3, 2016) E-mail from E. L. Cramp, Secretary, High Park Residents' Association (CC.New.EX13.2.53)
(May 3, 2016) Letter from Eileen Denny, Chair, Confederation of Resident and Ratepayer Associations in Toronto (CC.New.EX13.2.54)
https://www.toronto.ca/legdocs/mmis/2016/cc/comm/communicationfile-60407.pdf
(May 3, 2016) E-mail from Peter J. Schneiders (CC.New.EX13.2.55)
(May 3, 2016) E-mail from Catherine Tillmann, President, Asquith Collier Association (CC.New.EX13.2.56)
(May 2, 2016) Letter from Ralph Daley, President, Grange Community Association (CC.New.EX13.2.57)
(May 3, 2016) Letter from Andy Vice, Vice President and David Worts, Political Liaison, Huron Sussex Residents Organization (CC.New.EX13.2.58)
https://www.toronto.ca/legdocs/mmis/2016/cc/comm/communicationfile-60417.pdf
(May 3, 2016) E-mail from Mary Uiska (CC.New.EX13.2.59)
(May 3, 2016) E-mail from Dave Walterhouse (CC.New.EX13.2.60)
(May 3, 2016) E-mail from Helen Keeley (CC.New.EX13.2.61)
(May 4, 2016) E-mail from Sue Gray (CC.New.EX13.2.62)
(May 4, 2016) E-mail from Monica Boyd (CC.New.EX13.2.63)
(May 4, 2016) E-mail from Lisa McDonald, Communications Specialist, Casey House (CC.New.EX13.2.64)
https://www.toronto.ca/legdocs/mmis/2016/cc/comm/communicationfile-60443.pdf
(May 4, 2016) E-mail from Anne Elliott (CC.New.EX13.2.65)
(May 4, 2016) E-mail from Mike Nazwaski (CC.New.EX13.2.66)
(May 4, 2016) E-mail from Grant Kehrli (CC.New.EX13.2.67)
(May 4, 2016) E-mail from Zora Buchanan (CC.New.EX13.2.68)
(May 4, 2016) E-mail from Michael Landry, President, Greater Yorkville Residents' Association (CC.New.EX13.2.69)
https://www.toronto.ca/legdocs/mmis/2016/cc/comm/communicationfile-60426.pdf
(May 3, 2016) Petition from Councillor Mike Layton, Ward 19, Trinity Spadina, regarding the requirements for not-for-profit organizations to register as lobbyists, containing the names of approximately 106 persons filed during the Routine Matters portion of the meeting. (CC.New)

Motions (City Council)

1 - Motion to Amend Item moved by Councillor Mike Layton (Lost)

That City Council delete Executive Committee Recommendation 2:

 

Recommendation to be deleted

 

2.  City Council request the City Manager, in consultation with the Lobbyist Registrar and the City Solicitor, to review the requirements for not-for-profits organizations and labour unions, and Fire Services, Toronto Paramedic Services, Toronto Police Service and their associations to register, and report to Executive Committee with amendments to Toronto Municipal Code Chapter 140, Lobbying as required.

Vote (Amend Item) May-04-2016 7:44 PM

Result: Lost Majority Required - EX13.2 - Layton - motion 1
Total members that voted Yes: 16 Members that voted Yes are Maria Augimeri, Ana Bailo, Shelley Carroll, Joe Cressy, Janet Davis, Glenn De Baeremaeker, Sarah Doucette, John Filion, Paula Fletcher, Jim Karygiannis, Mike Layton, Pam McConnell, Joe Mihevc, Gord Perks, Anthony Perruzza, Kristyn Wong-Tam
Total members that voted No: 25 Members that voted No are Paul Ainslie, Jon Burnside, John Campbell, Christin Carmichael Greb, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Justin J. Di Ciano, Frank Di Giorgio, Mark Grimes, Michelle Holland, Stephen Holyday, Norman Kelly, Chin Lee, Giorgio Mammoliti, Josh Matlow, Mary-Margaret McMahon, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, Jaye Robinson, David Shiner, Michael Thompson, John Tory
Total members that were Absent: 3 Members that were absent are Mary Fragedakis, Ron Moeser, James Pasternak

2 - Motion to Amend Item moved by Councillor Paul Ainslie (Carried)

That City Council amend Executive Committee Recommendation 2 by deleting the words "not-for-profits organizations and" so that it now reads as follows:

 

2. City Council request the City Manager, in consultation with the Lobbyist Registrar and the City Solicitor, to review the requirements for labour unions, and Fire Services, Toronto Paramedic Services, Toronto Police Service and their associations to register, and report to Executive Committee with amendments to Toronto Municipal Code Chapter 140, Lobbying as required.

Vote (Amend Item) May-04-2016 7:45 PM

Result: Carried Majority Required - EX13.2 - Ainslie - motion 2
Total members that voted Yes: 37 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bailo, Jon Burnside, John Campbell, Christin Carmichael Greb, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, John Filion, Paula Fletcher, Mark Grimes, Michelle Holland, Jim Karygiannis, Norman Kelly, Mike Layton, Chin Lee, Giorgio Mammoliti, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, Jaye Robinson, David Shiner, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 4 Members that voted No are Sarah Doucette, Stephen Holyday, Gord Perks, Anthony Perruzza
Total members that were Absent: 3 Members that were absent are Mary Fragedakis, Ron Moeser, James Pasternak

3 - Motion to Amend Item (Additional) moved by Councillor Gord Perks (Withdrawn)

That:

 

City Council direct that the Progressive Conservative Party of Ontario, the Manning Institute, the C.D. Howe Institute and the Fraser Institute be required to reigster with the Lobbyist Registrar.


Motion to Withdraw a Motion moved by Councillor Gord Perks (Carried)

That Councillor Perks be permitted to withdraw his motion 3.

Vote (Withdraw a Motion) May-04-2016 6:59 PM

Result: Carried Majority Required - EX13.2 - Perks - withdraw motion 3
Total members that voted Yes: 24 Members that voted Yes are Ana Bailo, Jon Burnside, John Campbell, Christin Carmichael Greb, Shelley Carroll, Raymond Cho, Janet Davis, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, Michelle Holland, Stephen Holyday, Norman Kelly, Mike Layton, Chin Lee, Giorgio Mammoliti, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Denzil Minnan-Wong, Frances Nunziata (Chair), Gord Perks, John Tory, Kristyn Wong-Tam
Total members that voted No: 15 Members that voted No are Paul Ainslie, Maria Augimeri, Josh Colle, Gary Crawford, Joe Cressy, Vincent Crisanti, Glenn De Baeremaeker, John Filion, Mark Grimes, Jim Karygiannis, Joe Mihevc, Cesar Palacio, Anthony Perruzza, Jaye Robinson, David Shiner
Total members that were Absent: 5 Members that were absent are Paula Fletcher, Mary Fragedakis, Ron Moeser, James Pasternak, Michael Thompson

4 - Motion to Amend Item (Additional) moved by Councillor Mark Grimes (Carried)

That City Council request the City Manager, in consultation with the Lobbyist Registrar and the City Solicitor, to include in the report to the Executive Committee a definition of a "Not-for-Profit" organization.

Vote (Amend Item (Additional)) May-04-2016 7:46 PM

Result: Carried Majority Required - EX13.2 - Grimes - motion 4
Total members that voted Yes: 30 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bailo, Jon Burnside, John Campbell, Christin Carmichael Greb, Josh Colle, Gary Crawford, Vincent Crisanti, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Mark Grimes, Michelle Holland, Stephen Holyday, Jim Karygiannis, Giorgio Mammoliti, Josh Matlow, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, Anthony Perruzza, Jaye Robinson, David Shiner, John Tory
Total members that voted No: 11 Members that voted No are Shelley Carroll, Raymond Cho, Joe Cressy, Janet Davis, Norman Kelly, Mike Layton, Chin Lee, Pam McConnell, Gord Perks, Michael Thompson, Kristyn Wong-Tam
Total members that were Absent: 3 Members that were absent are Mary Fragedakis, Ron Moeser, James Pasternak

Motion to Adopt Item as Amended (Carried)

Vote (Adopt Item as Amended) May-04-2016 7:47 PM

Result: Carried Majority Required - EX13.2 - Adopt the item as amended
Total members that voted Yes: 38 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bailo, Jon Burnside, John Campbell, Christin Carmichael Greb, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Joe Cressy, Vincent Crisanti, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, John Filion, Paula Fletcher, Mark Grimes, Michelle Holland, Stephen Holyday, Jim Karygiannis, Norman Kelly, Mike Layton, Chin Lee, Giorgio Mammoliti, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, Anthony Perruzza, Jaye Robinson, David Shiner, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 3 Members that voted No are Janet Davis, Sarah Doucette, Gord Perks
Total members that were Absent: 3 Members that were absent are Mary Fragedakis, Ron Moeser, James Pasternak

Point of Order by Councillor John Campbell

Councillor Campbell, rising on a Point of Order, stated that Councillor Karygiannis' questions of Councillor Perks were not a clarification of his motion.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Order and ruled that Councillor Perks had placed the motion as a joke.

EX13.2 - Follow-up Report on Amendments to Toronto Municipal Code, Chapter 140, Lobbying ("Lobbying By-law")

Decision Type:
ACTION
Status:
Deferred
Wards:
All

City Council Decision

City Council on March 31 and April 1, 2016, deferred consideration of Item EX13.2 until the May 3 and 4, 2016 City Council meeting.

Background Information (Committee)

(February 23, 2016) Report and Attachments 1 and 2 from the City Manager on Follow-up Report on Amendments to Toronto Municipal Code, Chapter 140, Lobbying (Lobbying By-law")
https://www.toronto.ca/legdocs/mmis/2016/ex/bgrd/backgroundfile-90749.pdf

Communications (City Council)

(April 1, 2016) Letter from John Capobianco, President, Public Affairs Association of Canada (CC.New.EX13.2.1)
https://www.toronto.ca/legdocs/mmis/2016/cc/comm/communicationfile-59715.pdf

Motions (City Council)

1 - Motion to Defer Item moved by Councillor Janet Davis (Carried)

That consideration of the item be deferred until the May 3 and 4, 2016 meeting of City Council.

Vote (Defer Item) Apr-01-2016 3:22 PM

Result: Carried Majority Required - EX13.2 - Davis - motion 1 - Defer the item
Total members that voted Yes: 23 Members that voted Yes are Maria Augimeri, John Campbell, Shelley Carroll, Raymond Cho, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Michelle Holland, Jim Karygiannis, Norman Kelly, Mike Layton, Chin Lee, Josh Matlow, Pam McConnell, Cesar Palacio, Gord Perks, John Tory, Kristyn Wong-Tam
Total members that voted No: 10 Members that voted No are Jon Burnside, Josh Colle, Gary Crawford, Justin J. Di Ciano, Frank Di Giorgio, Stephen Holyday, Mary-Margaret McMahon, Denzil Minnan-Wong, Frances Nunziata (Chair), Anthony Perruzza
Total members that were Absent: 11 Members that were absent are Paul Ainslie, Ana Bailo, Christin Carmichael Greb, Mark Grimes, Giorgio Mammoliti, Joe Mihevc, Ron Moeser, James Pasternak, Jaye Robinson, David Shiner, Michael Thompson

EX13.2 - Follow-up Report on Amendments to Toronto Municipal Code, Chapter 140, Lobbying ("Lobbying By-law")

Decision Type:
ACTION
Status:
Amended
Wards:
All

Committee Recommendations

The Executive Committee recommends that:

 

1.  City Council enact amendments to Toronto Municipal Code, Chapter 140, Lobbying, as outlined in Attachment 1 to the report (February 23, 2016) from the City Manager, that will:

 

a.  require that consultant lobbyists disclose their ultimate client.

 

b.  enable the Lobbyist Registrar to impose conditions for registration, continued registration or renewal of registration against a lobbyist who has been found in breach of Toronto Municipal Code, Chapter 140, Lobbying, as permitted by section 166 of the City of Toronto Act, 2006.

 

c.  enable the Lobbyist Registrar to impose a temporary ban against a lobbyist who has been found in breach of Toronto Municipal Code, Chapter 140, Lobbying from communicating with public office holders for a specified period of time, as permitted by section 166 of the City of Toronto Act, 2006.

  

2.  City Council request the City Manager, in consultation with the Lobbyist Registrar and the City Solicitor, to review the requirements for not-for-profits organizations and labour unions, and Fire Services, Toronto Paramedic Services, Toronto Police Service and their associations to register, and report to Executive Committee with amendments to Toronto Municipal Code Chapter 140, Lobbying as required.

Origin

(February 23, 2016) Report from the City Manager

Summary

This report responds to Executive Committee's request to undertake consultation on proposed amendments to the City’s Lobbying By-law and report further including results from jurisdictional research.  Executive Committee also asked for clarification of whether requests for meetings with Councillors or their staff resulted in actual meetings or phone calls.

 

The proposed amendments to the Lobbying By-law include:

 

-  Require lobbyists to disclose their ultimate client;

 

-  Enable the Lobbyist Registrar to impose conditions for registration pursuant to the City of Toronto

Act, 2006 after a breach of the Lobbying By-law; and

 

-  Enable the Lobbyist Registrar to impose a temporary ban on lobbying activities pursuant to the City of Toronto Act, 2006 after a breach of the Lobbying By-law.

 

The City Manager's Office, in consultation with the Lobbyist Registrar, completed research on twelve Canadian jurisdictions and implemented a public consultation process on the proposed amendments including an online survey, direct email and a public meeting.  The results of the jurisdictional research and public consultation were considered in the preparation of this report.

 

Disclosure of Ultimate Client

 

This report recommends that the City’s Lobbying By-law be amended to require lobbyists to disclose their ultimate client.  Notwithstanding that the jurisdictions reviewed do not require this disclosure in their lobbying legislation; it is appropriate in Toronto’s complex lobbying context.

 

The Federal Lobbyist Registry and Toronto Lobbyist Registry have both identified a recent trend of lobbying firms sub-contracting consultant lobbyists to undertake lobbying for a specific client.  This trend undermines the fundamental purpose of a lobbying regime, which is that lobbying is a legitimate activity but must be transparent in order that the public knows who is lobbying whom.  A requirement for consultant lobbyists to disclose their ultimate client will address this issue; and enhance transparency and accountability.

 

Enhanced Tools to Enforce the City's Lobbying By-law

 

This report recommends amendments to the Lobbying By-law to enable the Lobbyist Registrar to impose conditions for registration and a temporary ban on a lobbyist who has breached the Lobbying By-law.  These amendments provide a fair, escalating continuum of tools to the Lobbyist Registrar to enforce the City's Lobbying By-law.  This continuum provides preventative measures such as training and compliance plans for minor, incidental infractions of the by-law to more punitive measures (escalating temporary ban) for serious, repetitive and egregious breaches. 

 

Conditions for Registration

 

This amendment will formalize the tools (including training and compliance plans) the Lobbyist Registrar uses to encourage compliance after a minor or incidental breach of the by-law and enable their enforcement.  The City of Toronto Act, 2006 enables the Lobbyist Registrar to impose conditions on a registration. Toronto will be the first jurisdiction in Canada to include this authority in its lobbying legislation.

 

Temporary Ban

 

Many jurisdictions in Canada enable their Lobbyist Registrars/Commissioners to impose a temporary ban on lobbying for breaches to their lobbying legislation.  The time lines for a temporary ban proposed for Toronto are generally consistent with other jurisdictions. The public consultation process identified concerns about procedural fairness with respect to temporary ban.  A process for procedural fairness when the Lobbyist Registrar imposes a temporary ban on lobbying has been included in the recommended by-law amendment.

 

Legislative Changes

 

City Council recently requested amendments to the City of Toronto Act, 2006 to extend the time line for the Lobbyist Registrar to pursue charges under the Provincial Offences Act for breaches of the Lobbying By-law from 6 months to two-years and provide authority to the Lobbyist Registrar to impose administrative monetary penalties (AMPs).  These legislative changes will also provide the Lobbyist Registrar with a range of tools within an escalating regulatory regime based on the facts of the case and seriousness of the breach.

 

Clarification of Registration for Requests to Meet

 

The Lobbyist Registry is currently not able to distinguish whether a request for a meeting with a Councillor or their staff actually occurred.  The Lobbyist Registrar has included this request for consideration in the business analysis of its 2016 Information Technology State of Good Repair (SOGR) project to update and improve the lobbyist registry system.

Background Information

(February 23, 2016) Report and Attachments 1 and 2 from the City Manager on Follow-up Report on Amendments to Toronto Municipal Code, Chapter 140, Lobbying (Lobbying By-law")
https://www.toronto.ca/legdocs/mmis/2016/ex/bgrd/backgroundfile-90749.pdf

Motions

1 - Motion to Amend Item (Additional) moved by Deputy Mayor Denzil Minnan-Wong (Carried)

That City Council request the City Manager, in consultation with the Lobbyist Registrar and the City Solicitor, to review the requirements for not-for-profits organizations and labour unions, and Fire Services, Toronto Paramedic Services, Toronto Police Service and their associations to register and report to Executive Committee with amendments to Toronto Municipal Code Chapter 140, Lobbying as required.

Vote (Amend Item (Additional)) Mar-09-2016

Result: Carried Majority Required
Total members that voted Yes: 11 Members that voted Yes are Gary Crawford, Frank Di Giorgio, Michelle Holland, Mary-Margaret McMahon, Denzil Minnan-Wong, Cesar Palacio, James Pasternak, Jaye Robinson, David Shiner, Michael Thompson, John Tory (Chair)
Total members that voted No: 2 Members that voted No are Paul Ainslie, Ana Bailo
Total members that were Absent: 0 Members that were absent are

2 - Motion to Adopt Item as Amended moved by Deputy Mayor Denzil Minnan-Wong (Carried)
Source: Toronto City Clerk at www.toronto.ca/council