Foreign Interference and Security of Information Act (R.S.C., 1985, c. O-5)

Marginal note:Influencing political or governmental process

• 20.4 (1) Every person commits an indictable offence who, at the direction of, or in association with, a foreign entity, engages in surreptitious or deceptive conduct with the intent to influence a political or governmental process, educational governance, the performance of a duty in relation to such a process or such governance or the exercise of a democratic right in Canada.

• Marginal note:Punishment

  (2) Every person who commits an offence under subsection (1) is liable to imprisonment for life.

• Marginal note:Sentences to be served consecutively

  (3) A sentence, other than one of life imprisonment, imposed on a person for an offence under subsection (1) is to be served consecutively to

  • (a) any other sentence imposed on the person, other than one of life imprisonment, for an offence arising out of the same event or series of events; and

  • (b) any other sentence, other than one of life imprisonment, to which the person is subject at the time the sentence is imposed on the person for an offence under subsection (1).

• Marginal note:Definitions

  (4) The following definitions apply in this section.

  educational governance

  educational governance means the governance of a school board or primary or secondary school, college, university or other institution of higher learning or training institution in Canada. (gouvernance scolaire)

  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 any of the following individuals:

  • (a) any officer or employee of His Majesty in right of Canada and includes

    • (i) a member of the Senate or the House of Commons and any person on the staff of such a member,

    • (ii) a person who is appointed to any office or body by or with the approval of the Governor in Council or a minister of the Crown, other than a judge receiving a salary under the Judges Act or the lieutenant governor of a province,

    • (iii) an officer, director or employee of any federal board, commission or other tribunal, as defined in subsection 2(1) of the Federal Courts Act,

    • (iv) a member of the Canadian Forces, and

    • (v) a member of the Royal Canadian Mounted Police;

  • (b) members of the legislature of a province or persons on the staff of such members;

  • (c) employees of the government of a province;

  • (d) members of a council or other statutory body charged with the administration of the civil or municipal affairs of a city, town, municipality or district, persons on the staff of such members or officers or employees of a city, town, municipality or district;

  • (e) members of the council of a band, as defined in subsection 2(1) of the Indian Act, or of the council of an Indian band established by an Act of Parliament, persons on their staff or employees of such a council;

  • (f) members of an aboriginal government or institution that exercises jurisdiction or authority under a self-government agreement, or under self-government provisions contained in a land claims agreement, given effect by or under an Act of Parliament, persons on the staff of those members or employees of that government or institution;

  • (g) an officer or employee of an entity that represents the interests of First Nations, the Inuit or the Métis. (titulaire d’une charge publique)

• Marginal note:Application

  (5) This section applies to any of the following political or governmental processes in Canada:

  • (a) federal political or governmental processes;

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

  • (c) municipal political or governmental processes;

  • (d) 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.