Thank you, Chair.
Thank you to the members of the committee for inviting me today.
My name is Kyle Larkin. I am appearing before you in my capacity as a not-for-profit executive who has spent more than a decade engaged in federal and provincial lobbying activities. The views I express today are based on my own experience as a government relations professional and do not reflect the positions of any organizations with which I am currently affiliated.
I appreciate the opportunity to discuss the Lobbying Act, which governs my professional activities on a day-to-day basis.
I would like to begin by addressing several recommendations recently presented to this committee by the Commissioner of Lobbying that raised significant concerns for not-for-profit associations.
First, the commissioner recommended amending the act “to deem members of boards of directors to be ‘employees’”. While this may appear to be a modest change, it would significantly expand the scope of both the act and the commissioner's mandate, by capturing Canadians who volunteer their time to serve on not-for-profit boards. Individuals who are not professional lobbyists, including farmers, nurses, engineers and other community leaders, could be required to register simply for advocating on behalf of their neighbours, colleagues and industries.
Second, the commissioner recommended requiring the “Disclosure of all entities” with a direct interest in the outcome of lobbying activities. Associations, by their very nature, are a collective of individuals or organizations united around a common purpose. This proposal would require many not-for-profit associations to publicly disclose and continually update their membership lists. For associations with individual memberships, this could mean publishing the names of tens of thousands of individuals in a public registry, although those members never agreed to such a disclosure.
Third, it was recommended that the act be amended to require the “Disclosure of all funding provided to support lobbying activities”. Given that advocacy is often a core purpose of not-for-profit associations, this proposal could effectively require the disclosure of nearly all membership dues and funding sources. With many not-for-profit associations comprising small teams and operating on limited resources, this could create a substantial administrative burden while providing limited additional transparency.
Finally, the commissioner recommended requiring all communications with designated public office holders to be reportable “regardless of whether such communications are oral or written” or pre-arranged. This would mean that even unsolicited emails that are never opened or responded to could become reportable communications.
It would also require both lobbyists and public office holders to account for virtually every interaction they have with one another. Such interactions could include passing one another on the street, exchanging pleasantries at a reception or encountering each other at the airport. The result would be hundreds of thousands of additional communication reports and a significant administrative burden for both lobbyists and public office holders.
These recommendations, along with others advanced by the commissioner, would not only have a disproportionate impact on not-for-profit associations but also increase regulatory complexity for lobbyists and public office holders alike. Moreover, ongoing ambiguity within the act, combined with limited parliamentary oversight, has resulted in evolving interpretations that continue to create uncertainty within the profession.
One example is the 2023 revision of the Lobbyists' Code of Conduct, particularly with respect to hospitality. Despite testimony before this committee indicating that the $40 hospitality threshold for food and beverages would be adjusted for inflation, that threshold has remained unchanged since 2023. Without a meaningful adjustment, parliamentary receptions hosted by not-for-profit associations—an important forum through which Canadians can engage with their elected officials and senators—may become increasingly difficult to organize and sustain.
In closing, lobbying is already among the most highly regulated professions here in Canada. Lobbyists are committed to operating transparently, ethically and accountably. At the same time, we must ensure that our legislative and regulatory frameworks remain practical, internationally competitive and respectful of the important role that not-for-profit organizations play in representing Canadians. While there's certainly room to improve the Lobbying Act, any reforms must preserve Canadians' fundamental ability to participate in and advocate within our democratic institutions.
Thank you again for the invitation. I'd be happy to take any questions.