“Now, it’s everyone,” he says. “So, the ban is shorter, but the width of the ban is broader… The campaign manager, that is someone who should have restrictions on what they do, in terms of lobbying. But if I’m just knocking on doors, no, that is free speech. That’s effective political participation.”

According to Manon Dion, manager of communications services at the lobbying commissioner’s office, “the updates respond to gaps in application and enforcement issue that have come to light as the commissioner has administered the 2015 Lobbyists’ Code of Conduct, as well as issues raised during three rounds of public consultation.”

“The updated Code addresses some of these challenges by focusing the actions of lobbyists and using clear and accessible language to support understanding and compliance with the rules,” she says.

The commissioner’s view that the four-year cooling-off period violates the Charter right to freedom of expression is also based on a legal opinion that she has not made public. Dion says that the commissioner will not publicize the legal opinion in the interests of client-solicitor privilege.

“The most systemic gutting of federal government ethics rules is proposed by the commissioner of lobbying, based on a secret legal opinion that she refuses to make public,” says Conacher.