Foreign Influence Transparency and Accountability Act (S.C. 2024, c. 16, s. 113)

Short Title

Marginal note:Short title

1 This Act may be cited as the Foreign Influence Transparency and Accountability Act.

Definitions

Marginal note:Definitions

2 The following definitions apply in this Act.

arrangement

arrangement means an arrangement under which a person undertakes to carry out, under the direction of or in association with a foreign principal, any of the following activities in relation to a political or governmental process in Canada:

• (a) communicating with a public office holder;

• (b) communicating or disseminating or causing to be communicated or disseminated by any means, including social media, information that is related to the political or governmental process;

• (c) distributing money or items of value or providing a service or the use of a facility. (arrangement)

Commissioner

Commissioner means the Foreign Influence Transparency Commissioner appointed under subsection 9(1). (commissaire)

foreign principal

foreign principal means a foreign economic entity, a foreign entity, a foreign power or a foreign state, as those expressions are defined in subsection 2(1) of the Security of Information Act. (commettant étranger)

Minister

Minister means the Minister of Public Safety and Emergency Preparedness. (ministre)

person

person includes a corporation, a trust, a joint venture, a partnership, a fund, an unincorporated association or organization and any other legal entity. (personne)

political or governmental process

political or governmental process includes

• (a) any proceeding of a legislative body;

• (b) the development of a legislative proposal;

• (c) the development or amendment of any policy or program;

• (d) the making of a decision by a public office holder or government body, including the awarding of a contract;

• (e) the holding of an election or referendum; and

• (f) the nomination of a candidate or the development of an electoral platform by a political party. (processus politique ou gouvernemental)

public office holder

public office holder means an individual included in a class of individuals specified in the regulations and, unless they are excluded by the regulations, any of the following individuals:

• (a) a public office holder as defined in subsection 2(1) of the Lobbying Act;

• (b) an individual referred to in any of paragraphs 4(1)(a) to (c) of that Act;

• The following provision is not in force.

  (c) an individual referred to in paragraph 4(1)(d) or (d.1) of that Act;

• The following provision is not in force.

  (d) an officer or employee of an entity referred to in subparagraph 4(c)(ii) of this Act. (titulaire d’une charge publique)

Purpose

Marginal note:Purpose

3 The purpose of this Act is

• (a) to ensure that persons who, under an arrangement, carry out activities in relation to a political or governmental process in Canada do so in a transparent manner;

• (b) to deter foreign principals from making efforts to influence political or governmental processes in Canada in a non-transparent manner;

• (c) to raise public awareness of efforts by foreign principals to influence political or governmental processes in Canada; and

• (d) to strengthen national security.

Application

Marginal note:Application

4 This Act applies to arrangements relating to any of the following political or governmental processes:

• (a) federal political or governmental processes;

• (b) provincial, territorial, or municipal political or governmental processes;

• The following provision is not in force.

  (c) the political or governmental processes of

  • (i) a council, government or other entity that is authorized to act on behalf of an Indigenous group, community or people that holds rights recognized and affirmed by section 35 of the Constitution Act, 1982, or

  • (ii) any other entity that represents the interests of First Nations, the Inuit or the Métis.

Provision of Information

Marginal note:Duty to provide information

• 5 (1) A person who enters into an arrangement with a foreign principal must, within 14 days after the day on which they enter into the arrangement, provide the Commissioner with the information specified in the regulations.

• Marginal note:Duty to update information

  (2) The person must, in accordance with the regulations, also provide the Commissioner with updates on any information they have provided under this section.

Marginal note:Non-application — persons

• 6 (1) Section 5 does not apply to any of the following persons:

  • (a) a foreign national who holds a passport that contains a valid diplomatic, consular, official or special representative acceptance issued by the Chief of Protocol for the Department of Foreign Affairs, Trade and Development;

  • (b) an employee of a foreign principal who is acting openly in the employee’s official capacity;

  • (c) a person who is included in a class of persons specified in the regulations.

• Marginal note:Non-application — arrangements

  (2) Section 5 does not apply to any of the following arrangements:

  • (a) an arrangement to which His Majesty in right of Canada is a party;

  • (b) an arrangement that is included in a class of arrangements specified in the regulations.

Marginal note:Prohibition — false or misleading information

7 A person must not knowingly provide any false or misleading information to the Commissioner or to any person acting on the Commissioner’s behalf or under the Commissioner’s direction.

Registry

Marginal note:Duties of Commisioner

• 8 (1) The Commissioner must establish and maintain a registry that contains information provided under section 5 that is included in a class of information specified in the regulations.

• Marginal note:Accessible to public

  (2) The registry must be accessible to the public.

Foreign Influence Transparency Commissioner

Marginal note:Appointment

• 9 (1) The Governor in Council is to appoint an individual to be known as the Foreign Influence Transparency Commissioner, to be responsible for the administration and enforcement of this Act.

• Marginal note:Consultation

  (2) The appointment is to be made after

  • (a) consultation with

    • (i) the Leader of the Government in the Senate or Government Representative in the Senate and the Leader of the Opposition in the Senate,

    • (ii) the Leader or Facilitator of every other recognized party or parliamentary group in the Senate,

    • (iii) the Leader of the Opposition in the House of Commons, and

    • (iv) the leader in the House of Commons of each party having at least 12 members in that House; and

  • (b) approval of the appointment by resolution of the Senate and House of Commons.

• Marginal note:Tenure of office and removal

  (3) Subject to this section, the Commissioner holds office during good behaviour for a term of up to seven years, but may be removed for cause by the Governor in Council at any time.

• Marginal note:Reappointment

  (4) The Commissioner is eligible to be reappointed for one additional term of up to seven years.

• Marginal note:Interim appointment

  (5) In the event of the absence or incapacity of the Commissioner, or if that office is vacant, the Governor in Council may appoint an individual to hold that office in the interim for a term of up to six months, and that individual is to, while holding office, be paid the remuneration and expenses that may be fixed by the Governor in Council.

Marginal note:Remuneration

• 10 (1) The Commissioner is to be paid the remuneration that is fixed by the Governor in Council.

• Marginal note:Travel and living expenses

  (2) The Commissioner is entitled to be paid, in accordance with Treasury Board directives, reasonable travel and living expenses incurred in the exercise of their powers and the performance of their duties and functions under this Act while absent from their ordinary place of work.

• Marginal note:Clarifications

  (3) For greater certainty, the Commissioner is an employee for the purposes of the Government Employees Compensation Act and is employed in the federal public administration for the purposes of any regulations made under section 9 of the Aeronautics Act.

Marginal note:Deputy Commissioners and staff

• 11 (1) The Deputy Commissioners and officers and employees that are necessary to enable the Commissioner to exercise their powers and perform their duties and functions under this Act are to be appointed in accordance with the Public Service Employment Act.

• Marginal note:Powers, duties and functions of Deputy Commissioners

  (2) The Deputy Commissioners are to exercise the powers, and perform the duties and functions, that the Commissioner may assign to them.

Marginal note:Technical assistance

12 The Commissioner may engage on a temporary basis the services of persons having technical or specialized knowledge of any matter relating to the Commissioner’s work to advise and assist the Commissioner in the exercise of their powers and performance of their duties and functions and, with the approval of the Treasury Board, may fix and pay the remuneration and expenses of those persons.

Marginal note:Advisory opinions and interpretation bulletins

• 13 (1) The Commissioner may issue advisory opinions and interpretation bulletins with respect to the enforcement, interpretation or application of this Act.

• Marginal note:Clarifications

  (2) The advisory opinions and interpretation bulletins are not statutory instruments for the purposes of the Statutory Instruments Act and are not binding.

Marginal note:Immunity

14 No civil or criminal proceeding lies against the Commissioner, or any person acting on their behalf or under their direction, in respect of anything that is done or omitted to be done in good faith in the course of the exercise or performance, or purported exercise or performance, of any power, duty or function of the Commissioner under this Act.

Confidentiality

Marginal note:Limitation on disclosure

15 With the exception of information in the registry made accessible to the public under section 8, the Commissioner, and any person acting on the Commissioner’s behalf or under the Commissioner’s direction, may not disclose any information that comes to their knowledge in the performance of their duties and functions under this Act, unless

• (a) the disclosure is, in the opinion of the Commissioner, necessary for the purpose of conducting an investigation under section 16;

• (b) the information is disclosed in the course of proceedings for a violation under this Act;

• (c) the information is disclosed in the course of a prosecution for an offence under section 131 of the Criminal Code (perjury) in respect of a statement made to the Commissioner;

• (d) the Commissioner believes on reasonable grounds that the disclosure may assist a law enforcement agency in the investigation of an offence under this or any other Act of Parliament or of the legislature of a province or territory;

• (e) the disclosure is authorized under the regulations; or

• (f) the disclosure is otherwise permitted, authorized or required by law.

Investigations

Marginal note:Power to investigate

• 16 (1) The Commissioner may conduct an investigation for the purpose of ensuring compliance with subsection 5(1) or (2) or section 7.

• Marginal note:Powers on investigation

  (2) In conducting an investigation, the Commissioner may

  • (a) in the same manner and to the same extent as a superior court of record,

    • (i) summon and enforce the attendance of persons before the Commissioner and compel them to give oral or written evidence on oath or solemn affirmation, and

    • (ii) compel persons to produce any documents or other things that the Commissioner considers relevant for the investigation;

  • (b) administer oaths and solemn affirmations; and

  • (c) receive and accept information, whether or not it would be admissible as evidence in a court of law.

Marginal note:Evidence in other proceedings

17 Evidence given by a person in an investigation and evidence of the existence of an investigation are inadmissible against the person in a court or in any other proceeding, other than in a proceeding for a violation under this Act or in a prosecution of the person for an offence under section 131 of the Criminal Code (perjury) in respect of a statement made to the Commissioner.

Administrative Monetary Penalties

Marginal note:Violation and liability

• 18 (1)  A person who contravenes subsection 5(1) or (2) or section 7 commits a violation and is liable to an administrative monetary penalty.

• Marginal note:Purpose

  (2) The purpose of an administrative monetary penalty is to promote compliance with this Act and not to punish.

• Marginal note:Violation or offence

  (3) If an act or omission may be proceeded with as a violation or as an offence, proceeding with it in one manner precludes proceeding with it in the other.

Marginal note:Notice of violation

• 19 (1) The Commissioner may issue a notice of violation to a person if the Commissioner has reasonable grounds to believe that the person has committed a violation.

• Marginal note:Contents

  (2) The notice of violation must set out

  • (a) the person’s name;

  • (b) the violation at issue;

  • (c) the amount of the administrative monetary penalty to which the person is liable;

  • (d) the person’s right, within 30 days after the day on which the notice is served or within any longer period that the Commissioner may specify, to pay the penalty or to make representations to the Commissioner with respect to the violation and the penalty, and the manner for doing so; and

  • (e) the fact that, if the person does not pay the penalty or make representations in accordance with the notice, the person will be deemed to have committed the violation and the Commissioner may impose a penalty in respect of it.