Lobbying commissioner asked to investigate Facebook

Canada's Lobbying Commissioner is being asked to investigate whether Facebook is following the rules when it comes to lobbying the government.

NDP questions whether Facebook executive Kevin Chan’s meetings with cabinet ministers are lobbying

Katie Simpson · CBC News ·
Kevin Chan, the head of public policy for Facebook in Canada, faced pointed questions about his and the company's ties to the government when he testified on Thursday. (CBC News)

Canada's Lobbying Commissioner is being asked to investigate whether Facebook is following the rules when it comes to lobbying the government. 

In a letter sent to Commissioner Nancy Bélanger on Friday, NDP MP Charlie Angus questioned whether the social media giant is finding ways around the rules, especially the rules that require it to register its lobbyists. The company has no registered lobbyists, despite frequent meetings with senior decision-makers. 



"Because of their extensive contact with ministers and other senior government decision-makers and the broad self-definition of their public policy advocacy efforts, I believe that it would be worthwhile for a proactive investigation to ensure that they are complying with Canada's Lobbying Act," Angus writes. 

"Facebook Canada is unique for a company of its size and sector for having no registered lobbyists on its staff. Its closest analogues, the Canadian subsidiaries of Google and Amazon, both have registered lobbyists on staff," the letter continues.

Facebook executives, including former Liberal staffer Kevin Chan, defended the company's actions before a Parliamentary committee on Thursday. 

Although the social media network was there to discuss its latest data breach, Chan faced pointed questions about his and the company's ties to the government.
Ontario NDP MP Charlie Angus asks Facebook executives to implement the EU's General Data Protection Regulation for Canadian users 2:38

Chan firmly stated that Facebook is complying with the regulations, as it does not meet the so-called "20 per cent" rule — the threshold after which lobbying represents a significant part of one's overall duties.

The Lobbying Act has provisions around how companies must register employees as lobbyists, when it comes to the amount of time that is spent meeting with public office holders.

"At no time has Facebook come close to meeting the threshold for registration as a lobbyist," Chan told the committee.

Angus pushed Chan, citing Facebook's meetings with a handful of ministers. 

Chan said he's proud of the work he does and that Facebook reviews the lobby threshold on a monthly basis and will register when they meet the requirements.

20% rule called into question

In his letter, Angus acknowledged that Facebook says it does not meet the 20 per cent threshold, but he questioned the interpretation of the rule by the previous commissioner.

"Commissioner [Karen] Shepherd was of the opinion the 20 per cent was the source of some abuse in the lobbying industry, and it was used to circumvent the requirement to register for big players who, by virtue of their size and/or close connections to the government of the day, are able to easily secure meetings with senior government officials."

Angus argued "Facebook Canada regularly meets with ministers and other public office holders," citing Chan's apparent meetings with Finance Minister Bill Morneau, Environment Minister Catherine McKenna, and Minister of Crown-Indigenous Relations Carolyn Bennett.

On Thursday, Chan and a Facebook press official fled from reporters, when journalists attempted to ask questions about the company's testimony.

The commissioner has not yet responded to the request for an investigation.

Facebook has not responded to CBC News' request for comment.

Chan appeared at the Commons Ethics committee and then when he left he declined the common practice of speaking to reporters 1:54