Navigating post-election lobbying compliance

Canadians participated in the recent federal election in a variety of ways, including as campaign staff, volunteers, donors, and as registered third parties for election advertising or partisan activities (for more on the implications of the results, read “2025 federal election in review”). Such political participation can have implications for individuals and organizations intending to interact with government officials—including members of the newly appointed Cabinet and their staff—in the future.

Engaging with federal officials  

To be compliant with the federal Lobbying Act and the Lobbyists’ Code of Conduct (the Code), organizations and individuals who plan to lobby a federal public office holder (“official”) need to ensure that the official would not reasonably be seen to have a sense of obligation towards them. If a sense of obligation could reasonably be seen to exist, the lobbyist should generally not lobby that official.

Establishing a sense of obligation

A sense of obligation refers to a feeling of owing something or feeling beholden to another person.

It can arise due to a close relationship or because the lobbyist (or their client or employer) provided gifts or hospitality exceeding the annual limit set in the Code to the official before they became an official 

It can also arise in other situations, such as when a lobbyist (or the lobbyist’s client or employer) employed the official before they became an official, or employed or continues to employ a close family member of the official, or engaged in partisan activities for the benefit of the official beyond the scope of political work (as defined below).

A sense of obligation can also arise because of scenarios that are not explicitly contemplated by the Code.

Of particular interest to those who participated in the 2025 federal election, a sense of obligation can arise because of political work—paid or unpaid—that person is doing or has done for the benefit of the official. When a sense of obligation arises due to political work, the prohibition on lobbying the official is expanded to include that official’s associates (this means staff or, in the case of a Cabinet Minister, their Parliamentary Secretary and their staff). It also means the prohibition is also generally limited to a cooling off period of between 12 and 24 months.

The variety of scenarios highlight the importance of understanding and thinking through the nature of one’s relationships and interactions with officials to ensure compliance with lobbying regulations.

What is political work? 

Political work is defined broadly and includes a variety of activities that contribute to the functioning and success of political campaigns and organizations.

These activities include:

• canvassing;
• fundraising, including soliciting or gathering donations;
• distributing or disseminating campaign materials;
• coordinating campaign office logistics;
• performing political research or data analytics tasks;
• carrying out political or campaign event logistics;
• serving as a designated spokesperson or a campaign manager;
• serving in a senior position in a leadership or election campaign;
• serving on the executive of an electoral district association;
• preparing a candidate or official for an appearance, including speeches and debates;
• organizing political fundraising;
• organizing political or campaign events;
• directing or coordinating political research or data analysis; or
• developing or coordinating political messaging or advertising.

Political work does not include activities that are more personal or passive in nature, such as attending a fundraising or campaign event; displaying election signs or posting digital campaign material during an election period in a personal capacity; expressing personal political opinions; making a political contribution in accordance with election law; and being a member of a political party at any level of government in Canada. These activities are considered separate from the active and strategic efforts defined as political work and do not fall under the same regulatory scrutiny.

Cooling-off period

Effective July 1, 2023, the maximum duration of the cooling-off period was reduced from 48 months to 24 months. Depending on the involvement and activity, activities that constitute political work can carry a cooling-off period of 12 – 24 months.

For individuals seeking to reduce this period, it is possible to petition the Commissioner of Lobbying for a reduction or revision. This request can be based on factors such as the nature and significance of the political work performed, the degree of interaction with the public official, and the duration and time commitment involved in the political work.