New Lobbying Regulations in Ottawa

Lobbying in Ottawa has changed this fall and non-profit/ association executives would be wise to pay heed.  Anyone who bends the ear of Members of Parliament and senators must now register such activities under expanded new regulations that have taken effect.  Under the new rules, individuals must register when they lobby any member of Parliament, senator or senior staff in the House of Commons and Senate offices of the leader of the opposition.

Previously, lobbyists only needed to register when they communicated with government ministers and ministers of state, as well as senior bureaucrats such as deputy ministers and assistant deputy ministers.  The new regulations were released for public consultation in early August and have now come into force.

Under the Lobbying Act, lobbying is defined as any communication with public office holders by an individual who is paid to communicate with office holders on behalf of a person or organization. The subject matter must fall in one of several areas: the development, including legislative amendments and the awarding of grants or contracts.

So, the question association professionals must ask themselves: Are we on top of the rules?  As the rules for registering can be complicated, are we better off keeping our government relations activities in-house or can contracting out even a portion of it benefit the organization?

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Mark Buzan is Principal of Action Strategies, a GR Consultancy for non-profits. If you have questions on how you feel your organization could benefit from legislative monitoring services or even undertaking a grassroots advocacy initiative. Subscribe now to his Lobbying tips newsletter at www.actionstrategies.ca

Are you registered as a lobbyist?

From time to time, I am asked what Action Strategies does.  When I answer that 50% of our work involves government relations and lobbying on behalf of non-profit organizations and associations, one of the inevitable questions that arises is: "Are you registered as a lobbyist (in order to take on a lobbying mandate)?"

Let me make things clear.  Under the lobbying laws of Canada (and all provinces), one does not register themselves in order to become a professional.  Rather, registration occurs at the point at which an organization decides it wishes to engage a professional to represent its interests to government.
With that said, I can state that when the occasion has arisen, Action Strategies has registered with the appropriate authorities when our clients have come to us with a government relations mandate and upon receiving a mandate, it is one of the first things undertaken.
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Mark Buzan is Principal of Action Strategies, a GR Consultancy for non-profits. If you have questions on how you feel your organization could benefit from legislative monitoring services or even undertaking a grassroots advocacy initiative. Subscribe now to his Lobbying tips newsletter at www.actionstrategies.ca

Good Marketing = Good Lobbying

One of the biggest issues non-profit executives identified to me in a recent survey of the challenges faced in government relations is identifying the right contacts in government and then building the right case that fits into the government's agenda.

Many will say that the secret to Lobbying success relies on one’s contacts. In my mind however, lobbying is much like a very focused marketing campaign. Good lobbyists have an understanding of the process and the people in legislative role but most importantly, they are the ones who understand the basics of how to make a convincing case...much like a marketer! Let me explain.

Lobbying falls into five stages. These are:

1. Identify your target: who are you going to lobby
2. Research them thoroughly
3. Set Objectives: what results do you want from your action
4. Action: get on and do it!
5. Feedback: share the results with others in the campaign

The first two principles represent the essential elements of market research, aspects at which I have placed a good amount of my career in as a consultant and employee in the non-profit sector. Before you write (or speak) a single word to your target audience in either marketing or in government relations, do some background research. For starters, it is worth understanding a little bit about what MP's actually do and what in their background might build some affinity to your cause. This is essentially what market research is about. Without knowing your market, no amount of contacts or emotion in your appeal will make a difference.

The second two points essentially lay in place the planning section of your campaign. This may seem a fairly obscure point. Surely EVERYONE knows what lobbying is for? Not so. Once you know who you are going to talk to and where they are coming from, it is absolutely essential that you decide what it is you want to achieve as a result of your dialogue with them. Good lobbying is about creating a relationship with your target, which you will then use, in future, to further the campaign objectives. In the final analysis, lobbying is communicating. As a profession, it is an odd marriage of teaching and sales. A good lobbyist has to be an excellent communicator. And in today’s world, that means both the written and the spoken word. It is no longer enough to be a good schmoozer. Have you integrated your marketing, communications and public affairs into a common plan? How will they work together? Without a plan, how will you expect to get to where you need to be? Don’t expect legislators to figure that out for you! Good lobbying practice requires a good marketing plan on how your objectives fit into the broader scheme and WHAT marketing initiatives in particular you intend to take to make things happen.

Finally, as with any marketing campaign, you need to measure, measure and evaluate. Are you hitting the mark? How is your outreach effort to legislators being perceived? One of the most important roles for lobbying is to gather information. That information needs to go back into the campaign. Not for any especially sinister purpose. But so that others can use it.

It helps to know what sort of majorities are shaping up for certain government propositions. This allows us to determine where to attack (and where not to). It also allows us to target any future communications more directly.

What are your thoughts?

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Mark A. Buzan, APR

Principal & Chief Magnifying Officer

Action Strategies

#3, 270 rue Champlain

Gatineau, Quebec  J8X 3S1

819.770.2899 phone

http://www.actionstrategies.ca (Action Strategies website)

LinkedIn Profile: http://ca.linkedin.com/in/markbuzan

LinkedIn Group for Public Relations: http://tinyurl.com/nonprofitideas

LinkedIn Group for Government Relations: http://tinyurl.com/nonprofitlobbying

Please take a look at my just released book:  Online PR and Social Media for Associations and Not-for-Profits - http://www.onlineprsocialmedia.com/associations

Mark Buzan is Principal of Action Strategies, a GR Consultancy for non-profits. If you have questions on how you feel your organization could benefit from legislative monitoring services or even undertaking a grassroots advocacy initiative. Subscribe now to his Lobbying tips newsletter at www.actionstrategies.ca

One's "Contacts" are not the sole indicator of Government Relations Success

What counts more for you in developing effective government relations: the level of contacts one has or the basis of understanding one has for the political process? Over the years of working with associations in advancing their cause before government, one of the common threads that comes up is in the following question: “What contacts do you have in...?”

Clients can tend to be impressed by the contacts you have but at the same time, I get rather nervous when the focus is on that and in fact, I believe the point of their question misses the mark.

Let me explain. First, one’s network is one spends a long time building and my natural inclination of anyone who goes around name dropping is to be suspicious. There's a risk that this can come back at you when those with whom you have built a rapport use their friendship with you in a way they might not have approved of originally. Second, there's always the risk you can get into problems even if based on perception that you're in the business of influence peddling.

My experience is that understanding of the process will trump contacts most of the time. People change in posts but a good solid understanding of what make the system work and where the opportunities exist is the mark of a truly successful government relations professional. Now, I won't say that someone who has never worked in politics can be an immediate success. However, contacts will get you only so far if you don't first off have the relationship building skills to build the rapport needed for trust to occur.

In my years of experience in public affairs, I have been successful in advancing non-profit causes because of my background in the causes they represent, my understanding of the principles of good policy development and how to communicate them to legislators.

What are your thoughts?

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Mark Buzan is Principal of Action Strategies, a GR Consultancy for non-profits. If you have questions on how you feel your organization could benefit from legislative monitoring services or even undertaking a grassroots advocacy initiative. Subscribe now to his Lobbying tips newsletter at www.actionstrategies.ca

Tips for Success in Acquiring Government Funding

One of the most common issues I am confronted with is "how can my organization get funded for its program(s)"? And while funding opportunities are not what they once were, there still are some important opportunities out there that can "magnify" the under appreciated work your organization does. I recently attended an information session on a call for funding from Immigration Canada offered for local settlement agencies and non-profit organizations.

The points they outlined are applicable to most situations where non-profits are following up on grant funding opportunities and are relevant to a number of situations where I have been involved in writing grant applications. In this video, I outline two important points but it should be added as well that applications need to cover every single aspect in terms of deliverables.



Mark A. Buzan, APR
Principal & Chief Magnifier
Action Strategies
#3, 270 rue Champlain
Gatineau, Quebec J8X 3S1
819.770.2899 phone
877-336-2701 toll free fax
http://www.actionstrategies.ca (Action Strategies website)

LinkedIn Group for Government Relations: http://www.linkedin.com/groups?gid=2465512&trk=hb_side_g
LinkedIn Group for Non-Profit Communications: http://tinyurl.com/nonprofitideas

Tough Economic Times and the Federal Budget

It's hard to avoid hearing about the state of the current economy on TV these days without hearing about job losses and how bad things have turned. The private sector is a buzz with lay offs and in turn, the government is doing what it can to react to the situation.

However, in these times, the non-profit sector is also affected. Corporate sponsorships are either down or threatened. If they are not, some non-profit executives tell me that if they have already have locked in support, that support may be in question next year as the private sector looks for means to tighten the belt. While economic difficulties impact as well on private citizen donations in turn, research seems to show that volunteerism goes up. ...or at least the demand as well for volunteers(Click here).

On Wednesday, I sat in on an interesting discussion by Imagine Canada wherein we took up the subject of the economy, the current economic situation, and Tuesday's coming federal budget.

Having submitted a brief for consideration, Imagine Canada brings up an important point. In fact, they have a number of points:

1 .For non-profits and charities, now is the time (more than ever) for their voice to be heard before government of the direct impact they have on the economy and Canadian society. Charities need to rethink how they approach matters and become creative even within their charitable status constraints limiting their operating budget dedications of 10%.
2. For society, whether you agree with 100% of Imagine Canada's presentation, (and no, I don't agree everything proposed is right for the economy nor should everything proposed become a priority....see my personal blog at http://www.markbuzan.com) the impact of the non-profit sector and volunteerism in Canada should not be ignored.

However, regarding the latter, it seems the non-profit sector has leagues to go before its counsel is taken into account. Time will tell and we will know whether or not the charitable sector will be recognized more in federal policy. For now, it does appear as though Conservatives in Canada has the same recognition for the voluntary sector as Conservatives in the United States have traditionally demonstrated.

In the end, the onus will remain on non-profit execs to rethink their approach, become more proactive in building political ties, and understand that the best developed policies or intended programs will remain unfunded by government until they change direction.
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Mark Buzan is Principal of Action Strategies, a GR Consultancy for non-profits. Subscribe now to his Lobbying tips newsletter at www.actionstrategies.ca/Action_Strategies/Newsletter.html

A Coalition Government of the Minority of the Minority?

Wow! How could anyone claim Canadian parliamentary politics is boring?! The possibility of a Liberal-NDP Coalition government supported by the Bloc drives home a point I have long called upon. Namely, one cannot afford to avoid developing and nurturing relationships with the opposition parties. With the real possibility that some of these previously obscure MPs may become Cabinet members, those who might have only focused their efforts on the governing caucus may find themselves short. If you're a non-proft exec, the time is now to work your parliamentary network and reach out!
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Mark Buzan is Principal of Action Strategies, a GR Consultancy for non-profits. Subscribe now to his Lobbying tips newsletter at www.actionstrategies.ca/Action_Strategies/Newsletter.html

Understanding Regulations

The practice of government relations is often simplified down to what is believed to be relationship building with politicians. What is less known are the years of expertise government relations practitioners develop in specific subject matters. Most often, the value of this specialization comes from years of focusing on changing those aspects of policy that do not require new legislation.

Regulations are often that lesser understood part of the process.

Who is involved in making and reviewing regulations?

The following are the main participants in the regulatory process:

* the delegate of the regulation-making powers (usually the Governor General acting on the advice of the Cabinet, but sometimes a particular Cabinet minister or an administrative agency)
* the officials in the department or agency responsible for the regulations
* the Regulations Section of the Department of Justice
* the Regulatory Affairs Directorate of the Treasury Board Secretariat
* the Standing Joint Committee of the Senate and the House of Commons for the Scrutiny of Regulations.


Who should be consulted?

Regulations Section

When legislative proposals involve the delegation of regulation-making powers, consideration should be given to consulting the Regulations Section. It can provide advice about which sorts of provisions are appropriate to include in regulations and which should be contained in the enabling Act. It can also provide advice about drafting enabling provisions. (See Chapter 4 - The Regulatory Process)

There is a close connection between Acts and regulations. Decisions about the drafting of an Act can have a considerable impact on the regulations that will be made under it. It is often desirable for departmental legal advisers, drafters and regulations specialists to meet to discuss these issues when preparing the Memorandum to Cabinet or drafting the bill.

The General Public

Public consultation should be viewed as an integral part of the legislative process, particularly where a bill will have a significant impact on members of the public.

Public consultation should normally occur after internal consultation within the Government and consultation with other governments have taken place.

The fundamental elements for meaningful consultation that apply to both the Government and members of the public are:

a shared understanding of the purpose of the consultation;
mutual respect;
clear communication;
an appreciation of the need to agree on workable approaches, often entailing a compromise;
meaningful input into the policy formulation process; and the recognition that consultation will not always lead to consensus.

Public consultation are guided by the following principles:

The need for public consultation will be determined early in the planning process, followed by the identification of the individuals and groups interested in the bill. Public consultation processes will be carried out in an objective and open manner, within reasonable time frames and with consideration of the cost to both the public and the Government.

The manner and extent of public input will be determined by such factors as:
how the bill will affect the public, particularly those who may have special rights or interests; the nature or extent of consultation (for example, issue-specific or ongoing); feasibility (for example, resource implication and time constraints);
national and regional interests; and the objectives and scope of consultation, including the method of consulting and the time frame for doing so, will be clearly defined at the outset in order to facilitate a clear, mutual understanding of the purpose of the consultation.


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Mark Buzan is the owner of Action Strategies, a Government Relations consultancy. You can subscribe now to his monthly public affairs newsletter by visiting the newsletter section of his website.

Best Practices in Selling to Government

Action Strategies' newest affiliate and Magnifier, Derrek Konrad provides a brief insight into how organizations looking to sell to government can get ahead of the curve.

This month we will deal with influencing the buying decision.

When you or your business plan to do business with the government, you enter into a highly competitive environment. The Government of Canada’s top 10 clients purchase almost 13 billion dollars worth of commodities and services annually and many suppliers and potential suppliers are competing for a piece of the action. How can you influence the decision in your favour? If you limiting your chances of success to simply responding to a Request For Proposal (RFP) you are not taking advantage of all of the tools at your disposal.

There are many factors that go into successfully competing and one of them is having an effective voice in the decision-making arena detailing the benefits of awarding a contract to your firm or organization. Your business will have unique characteristics that bring added value to the market that cannot be written into a proposal. This is where a government relations professional can help influence the decision to award a contract.

A government relations specialist will get to know the materiel managers in the target departments of interest to the client and develop an understanding of exactly what their requirements are. This will allow a client to respond more appropriately to an RFP. After a bid has been issued all contact with the department ceases and all communications must be directed to Public Works and Government Services.

Having your firm become known to a department before bids are issued can pay other dividends as well. When a department sends PWGSC a requisition for goods or services they may list suggested sources so doing a good job of promoting your business could get it named as a suggested source. Departments also have authority to do their own contracting for non-mandatory services consequently you could be short-listed for work that falls below the mandatory limit for PWGSC involvement.

Finally, a bit of advice on payment for GR services. While the use of government relations practitioners by prospective contractors is permitted, Treasury Board guidelines prohibit payment on a contingency basis. They must be compensated on a retainer or fee for service basis. If lobbyists are to be used a clause prohibiting contingency fees must be inserted in the contract.


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Derrek Konrad is a former Member of Parliament living in Ottawa and practices government relations. He is the principal of Konrad Group and can be contacted by e-mail at: Derrek.konradgroup@rogers.com or by phone at 613-822-9846
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Mark Buzan is the owner of Action Strategies, a Government Relations consultancy. You can subscribe now to his monthly public affairs newsletter by visiting the newsletter section of his website.

Changing GR Gears for Summer: Derrek Konrad, former MP

Action Strategies' newest affiliate and Magnifier, Derrek Konrad provides a brief insight into how organizations can influence government. As a former Member of Parliament, this article will be the first of many articles to come on best practices used by Action Strategies and its affiliates.

Summer is a great time to initiate or strengthen your organization’s government relations strategy. Members of Parliament are away from their Hill offices and back in the ridings. Government officials in Ottawa and across Canada have time to hear from industry representatives who have legislative and regulatory concerns and businesses wishing to do business with the federal government.

During the summer most Members of Parliament maintain regular hours in the office except for holidays when they will likely be away from the riding. While it may be a challenge to schedule time with an individual M.P. in his or her riding office, it is a great time to issue an invitation to meet over coffee to develop an open dialogue and to present your point-of-view on upcoming legislation in a one-on-one environment. Doing that can deliver many benefits: it puts the relationship on a less formal footing, and sends Members back to the next session better informed about the effects of legislation that may have been overlooked in the early stages of development. They will be equipped to suggest amendments to legislation to remove or mitigate sections that will harm a sector that has a significant presence in their riding. They may also lobby their caucus colleagues or a minister personally if they have come to believe in your cause.

Many caucuses also have retreats prior to a new session and getting your message to individual members and Hill staff before a retreat can make a difference in achieving your objective.

Officials in Ottawa who have input into ministerial briefings may have more time to meet with industry representatives in order to hear industry concerns and to develop the informal relationships that lead to productive meetings in more formal settings at other times.

One example of an issue that needs, and is getting, attention this summer is the federal budget. Budgets alter the economic climate in profound ways and the latest one is no exception. Entire regions of the country are upset by some provisions of the budget, and Ottawa is getting messages ranging from disgruntled provincial politicians to corporate Canada and everyone between. Now is a good time to let individual Members of Parliament know how the budget affects your sector and what you want them to do about it. A government relations specialist can help you prepare an effective message and a strategy for delivering it.
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Derrek Konrad is a former Member of Parliament living in Ottawa and practices government relations. He is the principal of Konrad Group and can be contacted by e-mail at: Derrek.konradgroup@rogers.com or by phone at 613-822-9846
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Mark Buzan is the owner of Action Strategies, a Government Relations consultancy. You can subscribe now to his monthly public affairs newsletter by visiting the newsletter section of his website.

The Top 5 Reasons to Hire a Lobbyist...and why they're not the ''Boogeyman''.

Shirley E. Greenberg from Ottawa's Women's Health Centre said it so clearly last April when in reference to a lobbyist initiative on health care, that lobbying has its place in Canadian public policy. Click here for the background information relating to this story from the Toronto Star.

I could go on forever on how unfair I believe the criticism government relations recieves from media commentators and the public alike. In itself, this issue could form the basis of a thesis! What I will say is that the stereotypes need to be addressed. To do that, what's needed is a clear understanding of when the practice of government relations is most effective. These conditions need to be communicated more vocally. Specifically, lobbying isn't right in every circumstance, nor is hiring a GR consultant.

To be clear with my clients and prospective clients, I lay out at least five conditions and/or circumstances that warrant a lobbying campaign:

1. A municipality or non-profit needing funding: Some may be aware that I've succeeded in the past with gaining previously refused infrastructure funding for a municipal client I once had. In fact, for the Municipality of Allumette Island, I secured over $30,000. Often, I'm approached by other non-profits and municipalities seeking funding.

The conditions for success here usually depend on a number of factors. First, a GR consultant will need to review if any existing sources of funding are out there. There is little sense in trying to re-invent the wheel. I've found the benefit of good government relations in this aspect promotes an application one step further. It also helps to ensure a file doesn't remain buried at the bottom of the pile of the thousands others received. If the funding programmes don't already exist, organizations should not expect immediate results. Time will be necessary to build awareness and the case for WHY funding would be needed.

The next condition for success deals with whether or not an organization has the funding to hire a consultant. Contrary to the beliefs of some, government relations consultants cannot charge based on commissions received from the total amount acquired. In fact, recent legislation at the federal level has even made this illegal! The same is the case with several other provinces. This means that the clients we take on understand that like everybody else, we have mortgages to pay as well:)

The final condition for this subset is the general purpose for which the subsidy or funding is being sought. Long gone are the days wherein governments would finance every demand under the sun. For a request to made, there needs to be a rock solid case that every Canadian will benefit from the transaction. In addition, it certainly would not hurt if it can be proven that the cause promoted backs the agenda of the government or would assist in improving their popularity.

2. Assistance in seeking procurement advice: Government relations people can also help companies acquire new business! Acquiring contracts through the RFP process can be challenging to say the least. It's about understanding and getting to the heart of what government purchases are really seeking. One of the most common areas GR consultants are called upon in this field is with the Department of National Defence (DND).

3. Ongoing monitoring and advice of political developments and how those can impact an industry or company: There is enormous value in having the input and insight of an ''insider'' with connections in the corridors of power. Contrary to popular belief, the connections lobbyists have are not used to gain special favours for themselves or clients. Instead, the connections they have become useful when the particular direction of a government is uncertain. When a client needs to know if a Minister or bureaucrat's inclination is leaning one way or if consideration is being given to study or review a regulation, upfront notice is invaluable. During my time with the Canadian Construction Association, my connections within the Finance Department and the continual contact I had there meant I was able to warn the association executive of pending review and study of bankruptcy regulations. Without having the benefit of ongoing monitoring, CCA could have been ''surprised'' with a decision unfavourable to the industry.

4. Coalition building amongst associations and varying stakeholders: Lobbyists are team builders for causes not always understood by policy makers or all Canadians. Sometimes it becomes necessary to gather different interests together on a common point. While at the Canadian Construction Association, I coordinated 7 different associations together to form a united front on the need for more investment in infrastructure. Each of the respective associations (including the Canadian Construction Association) had valid points but had we all gone to government on the same issue with varying points and at varying times, the risk of a dilluted message was very plausible. By combining our efforts into a single event on a message with which all could be comfortable, our message was heard more loudly and more clearly.

Needless to say, coordinating such an effort takes finesse, time and skill. Government Relations Consultants possess the know-how and abilities to make these campaigns and events possible.

5. Building awareness of unfair legislation or regulations that could hurt a segment of Canadian industry or the population: In reality, Government Relations is an offshoot or cousin of Public Relations. The difference of course comes from whom the message is targeted. Effective Government Relations builds awareness with policy makers. By the nature of the amount of decisions Parliament must make every day and the varying interests with which it must contend, it is inevitable that every day decisions may overlook the concerns of affected parties. Engaging a good lobbyist would be similar to engaging the services of a good lawyer. It means that a cause will get its fair say before those who ''judge'' what will be the acceptable policy course of action.


What GR IS NOT ABOUT:

After dealing with what good lobbying practices are about, I think it is pertinent to briefly deal with what the government relations business is not about. Unfortunately, our business has some work ahead of itself in educating the public about perceived ideas of what it is we in GR do.

1. Influence peddling: As I touched on before, lobbyists generally do have contacts. However, these contacts are not used in the sense of a ''wink, wink...do my client a favour please.'' The laws in Canada regarding influence peddling are quite strict. While contacts help, they are not the be all and end all of success in the lobbying world. Contacts help break the ice in initial discussions but they will never replace good and solid understanding of the policy environment.

2. Setting up single meetings: The contacts I have developed over the years are precious. They have been built on a solid basis of a give and take relationship. On occasion, I will be asked if it is possible to set up a meeting or two as the sole basis for a contract. The trouble with this approach is that it neglects the whole purpose of WHY a meeting should take place. Before a meeting happens, there has to have been a solid case built to present to those targeted in government. If the basis of the government relations business was solely on setting up meetings, you could imagine how quickly our contacts would be burned out if lobbyists sent repeated client interests on different subjects there way every other day. To be honest, if setting up a meeting is your sole objective, you don't need a lobbyist! Pick up the phone yourself!

3. Contracts that take commissions or success fees: In the first paragraph of this article, I touched on the misconception of government relations consultants accepting success fees or commissions based on the amounts of funding a cause would receive or on contracts awarded to clients. Briefly said, this is illegal!!!

But legalities set aside, there is an aspect of this that unknowing clients fail to consider when suggesting such a fee schedule. In real terms, government moves slowly. As a result, rarely does it occur when a lobbyist is able to achieve a contract mandate in under a year or more. If payment were based solely on the final outcome without consideration of all the work that lead up to the success, a consultant could not reasonably expect payment for services rendered for more than a year or two! Needless to say, payment schedules based on commissions or success fees are hardly practical. Unfortunately, they remain the perceived form of payment lobbyists accept.
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Mark Buzan is the owner of Action Strategies, a public affairs & marketing communications consultancy. You can subscribe now to his monthly public affairs newsletter by visiting the newsletter section of his website.