Item - 2011.EX6.4

This report responds to the request of Council, that the Lobbyist Registrar report to Executive Committee, in consultation with the City Solicitor, on the ability to implement a Lobbyist Registry at the Toronto Community Housing Corporation (“TCHC”).  The Lobbyist Registrar is responsible for advising Council on lobbying matters under § 140‑33B(9) of the Toronto Municipal Code (the “Lobbying By-law”).

The report discusses the following ways in which the City may be able to establish a Lobbyist Registry or regulate lobbying during procurement at TCHC:

1.         Request legislative changes to treat TCHC as a “local board (restricted definition)” so that both staff and board members would be “public office holders” under the Lobbying By-law.  If a legislative amendment is requested so that TCHC is treated as a local board (restricted definition), the City’s Lobbying By-law would apply to lobbying of both staff and directors at TCHC. 

2.         Designate the persons Council appoints to the TCHC board as “public office holders” so that the directors would be “public office holders” under the Lobbying By‑law.  Council may designate persons it appoints to the TCHC board as public office holders under s. 156 of the City of Toronto Act, 2006.  It is not possible to designate the staff of TCHC as public office holders in this way.  Designation of TCHC staff as public office holders would require legislative change.

3.         Request legislative changes to require TCHC to establish its own Lobbyist Registry.  Legislative changes would be necessary for the TCHC to implement a Lobbyist Registry at the TCHC. 

4.         Require TCHC to adopt procurement policies and processes that disclose and restrict lobbying during procurements.  The TCHC could regulate lobbying during procurements and require disclosure of lobbying during procurements as part of its procurement policies and processes.

The City Solicitor and City Manager have been consulted in the preparation of this report.  TCHC is one of several corporations listed in Schedule A to the Toronto Municipal Code, Chapter 140 (the “Lobbying By-law”) where similar issues may arise.  This report is issued concurrently with a report by the City Manager that makes recommendations regarding these corporations, including TCHC.