Interpretation allows parties to conceal whether lobbyists are holding events, says Duff Conacher
Elections Ontario’s interpretation of the requirement that political parties disclose the location of a fundraising event allows parties and candidates to hide whether lobbyists are holding fundraising events for them, says Democracy Watch.
The rules around political fundraising events are under s. 23 of the Elections Finances Act. Section 23(5) requires that every registered party holding an event to raise funds for the party, constituency association, nomination contestant, leadership contestant, or candidate must post on its website the date of the event, how much it costs to attend, who will receive the funds raised, and “the location of the fund-raising event.”
The “longstanding interpretation” of “location” is that posting the name of the town or city where the fundraising event occurred is sufficient to satisfy the Act’s requirements, says Elections Ontario media relations coordinator Rafaëlle Pons.
“If a party wishes to publish additional details regarding the location of a fundraising event, that is a matter for that party,” she says.
Duff Conacher, Democracy Watch co-founder, says this interpretation does not conform to location’s “dictionary or legal definition” and conceals conflicts of interest that undermine the integrity of provincial policy-making processes. The public and the media need to know more precisely where lobbyists hold fundraising events so that Ontario’s integrity Commissioner can determine when lobbyists are trying to buy influence over politicians by raising money for them, says Conacher.
Under s. 3.4 of the Lobbyists Registration Act, lobbyists are prohibited from placing politicians and other public officials into “real or potential conflicts of interest.” He says the integrity commissioner has ruled that fundraising can create that conflict.
Media and the public must know whether the fundraiser is held in a lobbyist’s home or a space that someone connected to a lobbying effort rented, says Conacher.
“Why is Elections Ontario making it difficult for the Commissioner to be able to track whether lobbyists are involved in fundraising?”
“I don't see any legal reason for saying that the word location means city or town,” he says. “Not when the dictionary definition and Black's Law Dictionary both say it means a specific property.”
Political parties must report the details of fundraising events in annual financial statements and campaign period financial statements, says Pons. She says that parties file these documents periodically with Elections Ontario, which subjects them to “a rigorous review process,” during which all discrepancies, anomalies, and apparent Election Finances Act violations are dealt with.
“All financial statements filed with Elections Ontario by political parties are available for public inspection at Elections Ontario’s headquarters during normal business hours.”
Conacher used Google Wayback Machine to search archived website posts about fundraising event announcements. His findings indicated that the Progressive Conservatives “usually” disclosed the address of fundraising events but, more recently, have often only disclosed the municipality. The NDP and the Liberals announce the exact address “almost all of the time.” The Green Party did not advertise any fundraising events on its website, which he says Elections Ontario should look into. “Seems kind of strange they wouldn't be holding any events at all.”
The PC Party’s recent Greenbelt scandal is the latest example of why it is crucial to know the location of fundraising events, he says.
“Elections Ontario must immediately change its position and require parties, riding associations, candidates and contestants to disclose whether lobbyists are holding fundraising events for them so that the public, and Ontario’s Integrity Commissioner, is notified every time a lobbyist is trying to buy influence over politicians by raising money for them.”
