Commissioner's Guidance on Conflict of Interest – Rule 8 (Lobbyists' Code of Conduct)

Purpose of Commissioner's Guidance

This guidance is issued by the Commissioner of Lobbying under the Lobbying Act. Its purpose is to provide general guidance for lobbyists on the application of Rule 8 of the Lobbyists' Code of Conduct. It replaces the previous 2002 Guidelines entitled "Rule 8 – Improper Influence – Lobbyists and Leadership Campaigns."

Commissioner's Guidance¹

Rule 8:

"Lobbyists shall not place public office holders in a conflict of interest by proposing or undertaking any action that would constitute an improper influence on a public office holder."

A lobbyist may be in breach of Rule 8 if:

• the lobbyist's actions create a real conflict of interest for a public office holder, or
• the lobbyist's actions create the appearance of a conflict of interest for a public office holder.

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The following consideration factored into the Commissioner's guidance regarding Rule 8 of the Lobbyists' Code of Conduct:

Conflict of interest may exist because of a "reasonable apprehension" of an apparent conflict of interest, rather than a demonstration of interference with the public duties of a public office holder.

The Commissioner of Lobbying has, for the purposes of the Lobbyists' Code of Conduct, interpreted real or apparent conflict of interest as follows:

A conflict of interest can be created by the presence of a tension between the public officer holder's duty to serve the public interest and his or her private interest or obligation created or facilitated by the lobbyist.

The determination of what constitutes an improper influence upon a public office holder must remain a question of fact in each case. Depending on the specific circumstances, a competing obligation or private interest could arise from factors such as, but not limited to:

• the provision of a gift, an amount of money, a service, or property without an obligation to repay;
• the use of property or money that is provided without charge or at less than its commercial value; and
• political activities.

Lobbyists should endeavour to conduct themselves in the highest ethical manner thus avoiding situations which could create a real or apparent conflict of interest for a public office holder.

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[1] See Annex – Reasoning Underlying the Commissioner's Guidance on Conflict of Interest – Rule 8 (Lobbyists' Code of Conduct) for additional information.

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