Canada Launches Foreign Influence Transparency Registry

The proposed Foreign Influence Transparency and Accountability Act (FITAA) would impose an obligation on individuals and entities that enter into an arrangement with a foreign principal (as described below), to register their arrangements and disclose any foreign influence activities undertaken where they are in relation to government or political processes in Canada. Relevant information from the registration would be held in the Foreign Influence Transparency Registry and would be available to the Canadian public and all jurisdictions to consult freely.

1. Arrangement:

   An arrangement between any individual or entity with a foreign principal, where that individual or entity acts at the direction of, or in association with, a foreign principal. A foreign principal includes a foreign power, foreign state, foreign entity, or foreign economic entity (e.g. state owned business) as defined in the Security of Information Act (to be renamed the An Act respecting countering foreign interference following the passage of Bill C-70).

2. Activities:

   There are three types of activities which would each result in a registration requirement:

   • communication with a public office holder;
   • communication or dissemination of information to the public by any means, including social media; and
   • disbursement of money or items of value, or providing a service or the use of a facility.
3. Subject of the activity:

   The activity that is undertaken must be in relation to a political or government process in Canada for there to be a registration obligation. A political or government process includes:

   • a parliamentary or legislative proceeding;
   • the development of a legislative proposal;
   • the development or amendment of any policy or program;
   • the making of a decision by a public office holder or government body, including the awarding of a contract;
   • the holding of an election or referendum; and,
   • the nomination of a candidate or the development of an electoral platform by a political party.

Exemptions

A limited number of exemptions are provided and include:

• arrangements to which the Crown is a party;
• foreign nationals who hold a passport that contains a valid diplomatic, consular, official or special representative acceptance issued by the chief of protocol at Global Affairs Canada; or
• foreign government employees acting openly in their official capacity.