What are my obligations if I leave my office?
Your post-employment obligations are the following, if you held an office within a municipality or an agency to which it is answerable and wish to engage in lobbying activities:
1. General obligations of confidentiality and of not profiting
Do these obligations apply to you?
unduly from the previous office held
These obligations apply to all the public office holders:
What is the nature of these obligations?
- City or borough councillor
- Member of the executive committee of a municipality or metropolitan community
- President and member of a metropolitan community council and members of their office staff
- Borough president
- Director general of a municipality or metropolitan community
- Assistant director general of a municipality or metropolitan community
- Secretary-treasurer of a municipality governed by the Municipal Code
- Municipal employee and staff of agencies that come under the municipality
A former public office holder may not disclose confidential information or give advice based on information which is not available to the public and that were obtained within the framework of his former office.
A former public policy holder may not unduly (unreasonbly) profit from the office he used to hold nor act in respect of a procedure, a negotiation or a specific operation to which he participated in the performance of his former office.
How long must you respect these obligations?
These obligations are permanent
, which means that, at any time, former public office holders must respect these obligations when they carry out lobbying activities.
Do these obligations prevent you from engaging in lobbying activities?
No. However, the lobbying activities must be performed in compliance with the Lobbying Transparency and Ethics Act and with the Code of Conduct for Lobbyists.
2. Prohibition to lobby certain public office holders
Does this prohibition apply to you?
You are affected by this prohibition for a period of two years
following the end of your office if you were:
- A mayor
- A warden
- A member of the executive committee of a municipality or of a metropolitan community
- The chair of the council of a metropolitan community
- The chair of a borough
You are affected by this prohibition for a period of one year
following your termination of office if you were:
What is the nature of this prohibition?
- A member of the executive staff (other than the support staff)
- The director general of a municipality or metropolitan community
- The assistant director general of a municipality or metropolitan community
- The secretary-treasurer of a municipality governed by the Municipal Code
The Act forbids you to lobby public office holders who hold their office in the same municipal institution
as the one in which you were working during the year
preceding the end of your mandate or office. Therefore, you may not act as a consultant lobbyist, an enterprise lobbyist or an organization lobbyist.
Moreover, you may not lobby a parliamentary, government or municipal institution with which you had, still during the year
preceding the end of your mandate or office, direct and significant official relations.
Does this prohibition prevent you from lobbying public office holders?
No. You are allowed to lobby public office holders other
than those within the municipal institution where you performed your duties and other
than those holding office or employment in institutions with which you had direct and significant official relations. These lobbying activities must be carried out in compliance with the Lobbying Transparency and Ethics Act and the Code of Conduct for Lobbyists.