Office of the Commissioner of Lobbying of Canada

Office of the Commissioner of Lobbying of Canada

December 12, 2011 15:05 ET

Commissioner of Lobbying Finds Two Lobbyists in Breach of the Lobbyists' Code of Conduct

OTTAWA, ONTARIO--(Marketwire - Dec. 12, 2011) - The Commissioner of Lobbying, Karen E. Shepherd, tabled her Report on Investigation today in both Houses of Parliament on the activities of Patrick Glémaud and Rahim Jaffer.

The Commissioner concluded that Mr. Glémaud and Mr. Jaffer were in breach of the Lobbyists' Code of Conduct. Her Report on Investigation is centered primarily on their attempts to obtain federal government funding in 2009 on behalf of their company, GPG-Green Power Generation Corp.

"Green Power Generation was a commercial enterprise established with the intention of generating revenue. Although Mr. Glémaud and Mr. Jaffer were not successful in securing more than $178 million in government funding that they were seeking, their activities required registration," the Commissioner stated. "This report shows that registration is required even if the desired outcome is not achieved."

The Commissioner examined 10 different allegations concerning Mr. Glémaud and Mr. Jaffer as in-house lobbyists on behalf of Green Power Generation and as consultant lobbyists. She concluded they had breached the Lobbyists' Code of Conduct in five of the allegations.

The purpose of the Lobbyists' Code of Conduct is to assure the Canadian public that lobbying is done ethically and with the highest standards, with a view to increasing public confidence and trust in the integrity, objectivity and impartiality of government decision-making.

Breaches of the Code carry no fines or jail terms. After conducting an investigation under the Code, the Commissioner is required to table a Report to Parliament to present her findings and conclusions, and the reasons for those conclusions.

Please consult the report for further details.

Backgrounder:

The Lobbying Activities of GPG-Green Power Generation Corp. and Patrick Glémaud and Rahim Jaffer

ALLEGATIONS

Ten allegations of unregistered lobbying activities and inaccurate information were investigated beginning in April 2010 involving the two GPG-Green Power General Corp. principals, Patrick Glémaud and Rahim Jaffer. Based on information brought to her attention, the Commissioner of Lobbying began an administrative review followed by an investigation under the Lobbying Act.

As representatives of their company, GPG-Green Power Generation Corp., the two individuals communicated with public office holders in an attempt to obtain grants, contributions or other financial benefits to further private sector environmental projects.

The RCMP closed their file because of the limited potential for prosecution under the Lobbying Act.

The Commissioner decided she had sufficient grounds to continue her investigation of possible breaches under the Lobbyists' Code of Conduct.

FINDINGS

The Commissioner of Lobbying concluded that four of the ten allegations were unfounded.

The Commissioner concluded that five of the ten allegations of unregistered lobbying activities by Mr. Glémaud and Mr. Jaffer were founded and that breaches of the Lobbyists' Code of Conduct had occurred.
The remaining allegation concerned Mr. Glémaud's failure to disclose that he was a former public office holder in an unrelated registration. The Commissioner determined that, although the allegation was founded, educating the lobbyist was a suitable compliance measure.

CONCLUSIONS

  • Mr. Glémaud, as the founder and senior officer of GPG-Green Power Generation Corp., was required to register and report in-house (corporation) lobbying performed by the principals of GPG. By failing to do so, the Commissioner of Lobbying concluded he was in breach of the Principle of Professionalism, and Rule 2 (Accurate information) of the Lobbyists' Code of Conduct.
  • Mr. Jaffer, by failing to ensure that he was properly registered as an in-house lobbyist, and by not indicating to Mr. Glémaud his obligation to register their lobbying activities, was in breach of the Principle of Professionalism, Rule 2 (Accurate information), and Rule 3 (Disclosure of obligations) of the Lobbyists' Code of Conduct.
  • Mr. Glémaud, by failing to register consultant lobbying activity performed on behalf of RLP Energy Inc., and by failing to indicate to his client his obligation to register that activity, was in breach of the Principle of Professionalism, Rule 2 (Accurate information) and Rule 3 (Disclosure of obligations) of the Lobbyists' Code of Conduct.

Timelines

The Lobbying Activities of GPG-Green Power Generation Corp. and Patrick Glémaud and Rahim Jaffer

April 8, 2010: Initial media reports surface on the activities of GPG-Green Power Generation Corp. (GPG) and its principals, Patrick Glémaud and Rahim Jaffer.

April 12, 2010: The Commissioner of Lobbying opens an administrative review of activities of GPG, Mr. Glémaud and Mr. Jaffer.

April - May 2010: The Office of the Commissioner of Lobbying receives a series of disclosures from public office holders of meetings, correspondence and other contacts regarding "project proposals" from GPG to various government departments.

April 2010: Three MPs allege possible violations of the Lobbying Act by Mr. Glémaud and Mr. Jaffer and formally ask the Commissioner of Lobbying to investigate.

May 19, 2010: The Commissioner of Lobbying opens a formal investigation into allegations of unregistered lobbying activities involving GPG, Mr. Glémaud and Mr. Jaffer.

October 29, 2010: The Commissioner of Lobbying suspends her investigation and refers the Investigations Directorate's report and supporting documents to the Royal Canadian Mounted Police (RCMP).

March 29, 2011: The Commissioner of Lobbying receives a letter from the RCMP advising her that they have closed their file because of the limited potential for prosecution under the Lobbying Act.

April 5, 2011: The Commissioner of Lobbying decides she has sufficient grounds to continue the investigation under the Lobbyists' Code of Conduct and instructs the Investigations Directorate to resume the investigation into the activities of Mr. Glémaud and Mr. Jaffer on behalf of GPG.

August 2011: The Investigations Directorate completes the investigation. Four of ten allegations are deemed to be unfounded. Five remaining allegations of unregistered lobbying activities by Mr. Glémaud and Mr. Jaffer are determined to be founded. One allegation of failing to disclose previous public offices by Mr. Glémaud in an unrelated registration is also determined to be founded.

August 2011: Mr. Glémaud and Mr. Jaffer are given an opportunity to review the Investigations Directorate report and respond.

September 2011: Mr. Glémaud and Mr. Jaffer respond in writing to the Investigations Directorate report.

December 2011: The Commissioner of Lobbying presents a Report on Investigation on the lobbying activities of GPG, Mr. Glémaud and Mr. Jaffer to the Speakers of the House of Commons and Senate of Canada.

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