Foreign Influence Transparency and Accountability Act

An Act respecting the provision and registration of information in relation to arrangements entered into with foreign states or powers and their proxies under which persons undertake to carry out certain activities in relation to political or governmental processes in Canada Preamble Whereas Canada’s national security is increasingly challenged by foreign states or powers and their proxies; Whereas interference by foreign states or powers and their proxies has a significant impact on Canada’s international relations and foreign policy; Whereas efforts by foreign states or powers and their proxies to influence, in a non-transparent manner, political and governmental processes at all levels of government in Canada have systemic effects throughout the country and endanger democracy, sovereignty and core Canadian values; Whereas efforts by foreign states or powers and their proxies to influence, in a non-transparent manner, political and governmental processes at one level of government in Canada may have effects on the political and governmental processes of another level of government; Whereas some of those efforts have a particularly negative effect on certain communities in Canada; Whereas there is a growing consensus in Canada and among its allies that foreign influence registries are a necessary tool to lessen foreign interference in the affairs of sovereign states; Whereas it is desirable that information respecting certain foreign influence activities that are carried out in relation to political or governmental processes in Canada be registered in a way that makes it accessible to the public; Whereas the registration of that information should not impede freedoms that are vital to Canada’s political culture; And whereas it is desirable that an independent public office holder administer and enforce requirements respecting the registration of that information; Now, therefore, His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: Short title This Act may be cited as the Foreign Influence Transparency and Accountability Act. Definitions The following definitions apply in this Act. 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: communicating with a public office holder; 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; distributing money or items of value or providing a service or the use of a facility. (arrangement) Commissioner means the Foreign Influence Transparency Commissioner appointed under subsection 9(1). (commissaire) 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 means the Minister of Public Safety and Emergency Preparedness. (ministre) 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 includes any proceeding of a legislative body; 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. (processus politique ou gouvernemental) 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 public office holder as defined in subsection 2(1) of the Lobbying Act; an individual referred to in any of paragraphs 4(1)(a) to (c) of that Act; an individual referred to in paragraph 4(1)(d) or (d.1) of that Act; an officer or employee of an entity referred to in subparagraph 4(c)(ii) of this Act. (titulaire d’une charge publique) Purpose The purpose of this Act is 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; to deter foreign principals from making efforts to influence political or governmental processes in Canada in a non-transparent manner; to raise public awareness of efforts by foreign principals to influence political or governmental processes in Canada; and to strengthen national security. Application This Act applies to arrangements relating to any of the following political or governmental processes: federal political or governmental processes; provincial, territorial, or municipal political or governmental processes; the political or governmental processes of 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 any other entity that represents the interests of First Nations, the Inuit or the Métis. Duty to provide information 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. Duty to update information The person must, in accordance with the regulations, also provide the Commissioner with updates on any information they have provided under this section. Non-application — persons Section 5 does not apply to any of the following persons: 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; an employee of a foreign principal who is acting openly in the employee’s official capacity; a person who is included in a class of persons specified in the regulations. Non-application — arrangements Section 5 does not apply to any of the following arrangements: an arrangement to which His Majesty in right of Canada is a party; an arrangement that is included in a class of arrangements specified in the regulations. Prohibition — false or misleading information 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. Duties of Commisioner 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. Accessible to public The registry must be accessible to the public. Appointment 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. Consultation The appointment is to be made after consultation with the Leader of the Government in the Senate or Government Representative in the Senate and the Leader of the Opposition in the Senate, the Leader or Facilitator of every other recognized party or parliamentary group in the Senate, the Leader of the Opposition in the House of Commons, and the leader in the House of Commons of each party having at least 12 members in that House; and approval of the appointment by resolution of the Senate and House of Commons. Tenure of office and removal 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. Reappointment The Commissioner is eligible to be reappointed for one additional term of up to seven years. Interim appointment 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. Remuneration The Commissioner is to be paid the remuneration that is fixed by the Governor in Council. Travel and living expenses 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. Clarifications 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. Deputy Commissioners and staff 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. Powers, duties and functions of Deputy Commissioners The Deputy Commissioners are to exercise the powers, and perform the duties and functions, that the Commissioner may assign to them. Technical assistance 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. Advisory opinions and interpretation bulletins The Commissioner may issue advisory opinions and interpretation bulletins with respect to the enforcement, interpretation or application of this Act. The advisory opinions and interpretation bulletins are not statutory instruments for the purposes of the Statutory Instruments Act and are not binding. Immunity 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. Limitation on disclosure 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 the disclosure is, in the opinion of the Commissioner, necessary for the purpose of conducting an investigation under section 16; the information is disclosed in the course of proceedings for a violation under this Act; 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; 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; the disclosure is authorized under the regulations; or the disclosure is otherwise permitted, authorized or required by law. Power to investigate The Commissioner may conduct an investigation for the purpose of ensuring compliance with subsection 5(1) or (2) or section 7. Powers on investigation In conducting an investigation, the Commissioner may in the same manner and to the same extent as a superior court of record, 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 compel persons to produce any documents or other things that the Commissioner considers relevant for the investigation; administer oaths and solemn affirmations; and receive and accept information, whether or not it would be admissible as evidence in a court of law. Evidence in other proceedings 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. Violation and liability A person who contravenes subsection 5(1) or (2) or section 7 commits a violation and is liable to an administrative monetary penalty. The purpose of an administrative monetary penalty is to promote compliance with this Act and not to punish. Violation or offence 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. Notice of violation 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. Contents The notice of violation must set out the person’s name; the violation at issue; the amount of the administrative monetary penalty to which the person is liable; 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 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. Payment of penalty If the person pays the penalty in accordance with the notice of violation, they are deemed to have committed the violation and proceedings in respect of it are ended. Decision — commission of violation If the person makes representations in accordance with the notice, the Commissioner must decide, on a balance of probabilities, whether the person committed the violation and, if so, may impose the penalty set out in the notice, a lesser penalty or no penalty. Failure to pay or make representations A person who neither pays the penalty nor makes representations in accordance with the notice is deemed to have committed the violation and the Commissioner may impose the penalty set out in the notice, a lesser penalty or no penalty. Notice of decision The Commissioner must cause notice of any decision made under subsection (2) or (3) to be served on the person. Publication The Commissioner must make public the nature of a violation, the name of the person who committed it and the amount of the penalty imposed, if any. Reasons In doing so, the Commissioner may include the reasons for their decision, including the relevant facts, analysis and considerations that formed part of it. Regulations The Governor in Council may make regulations respecting the administrative monetary penalties scheme, including regulations respecting the amount, or range of amounts, of the administrative monetary penalties that may be imposed; the factors to be taken into account in relation to the imposition of an administrative monetary penalty; compliance agreements; and the individuals or classes of individuals who may exercise or perform any of the Commissioner’s powers, duties or functions in relation to the scheme, including the designation of such individuals or classes of individuals by the Commissioner. Contravention — subsection 5(1) or (2) or section 7 Every person commits an offence if they contravene subsection 5(1) or (2) or section 7. Due diligence defence A person is not to be found guilty of an offence under subsection (1), other than for a contravention of section 7, if they establish that they exercised due diligence to prevent the commission of the offence. Obstruction Every person commits an offence if they knowingly obstruct the Commissioner, or any person acting on the Commissioner’s behalf or under the Commissioner’s direction, in the conduct of any of the Commissioner’s powers, duties and functions under this Act. Punishment — sections 23 and 24 Every person who commits an offence under section 23 or 24 is liable on conviction on indictment, to a fine of not more than $5 million or to imprisonment for a term of not more than five years, or to both; or on summary conviction, to a fine of not more than $200,000 or to imprisonment for a term of not more than two years less a day, or to both. Rules The following rules apply to judicial review proceedings in respect of decisions made by the Commissioner under this Act: the judge must provide the applicant and the Commissioner with an opportunity to be heard; if the judge determines that evidence or other information provided by the Commissioner is not relevant or if the Commissioner withdraws evidence or other information, the judge must not base their decision on that evidence or other information and must return it to the Commissioner; and the judge must ensure the confidentiality of all evidence and other information that the Commissioner withdraws. Protection of information on appeal Subsection (1) applies to any appeal of a decision made by a judge in relation to the judicial review proceedings referred to in this section and to any further appeal, with any necessary modifications. Definition of judge In this section, judge means the Chief Justice of the Federal Court or a judge of that Court designated by the Chief Justice. The Governor in Council may make regulations specifying classes of individuals for the purposes the definition public office holder in section 2; excluding classes of individuals from that definition; specifying the information to be provided for the purposes of section 5; respecting the updating of information for the purposes of subsection 5(2); specifying classes of persons for the purposes of paragraph 6(1)(c) and classes of arrangements for the purposes of paragraph 6(2)(b); specifying the classes of information to be contained in the registry referred to in section 8; respecting the retention and disposal by the Commissioner of information contained in the registry referred to in section 8; authorizing government institutions, as defined in section 3 of the Privacy Act, or entities specified in the regulations to disclose information to the Commissioner and any other individual referred to in subsection 11(1) for the purposes specified in the regulations; and respecting the disclosure of information for the purposes of paragraph 15(e). Annual report The Commissioner must, within six months after the end of each fiscal year, submit to the Minister an annual report on the Commissioner’s activities during that year. Tabling in Parliament The Minister must cause the report to be tabled in each House of Parliament on any of the first 15 days on which the House is sitting after the day on which the Minister receives it. Special reports The Commissioner may, at any time, submit a special report to the Minister on any matter that is within the scope of the Commissioner’s powers, duties and functions. The Minister must cause the special report to be tabled in each House of Parliament on any of the first 15 days on which the House is sitting after the day on which the Minister receives it. In preparing an annual or special report, the Commissioner must consult with the deputy heads concerned to ensure that it does not contain information whose disclosure would be injurious to international relations, national defence or national security. Definition of deputy head In this section, deputy head has the same meaning as in section 2 of the National Security and Intelligence Review Agency Act. Review of Act During the first year after a general election, a comprehensive review of this Act and its operation must be undertaken by the committee of the Senate or of the House of Commons that is designated or established for that purpose. Report The committee must, within one year after the review is undertaken — or within any further period that the Senate or the House of Commons, as the case may be, authorizes — submit to the appropriate House a report on the review that includes a statement of any changes that the committee recommends. Response The Minister must, no later than 120 days after the day on which the report referred to in subsection 31(2) is submitted, cause to be tabled in each House of Parliament a response that addresses each of the changes recommended in the report. Existing arrangements — federal processes If, before the day on which paragraph 4(a) comes into force, a person has entered into an arrangement with a foreign principal in relation to a process referred to in that paragraph and the arrangement is in force on that day, then subsection 5(1) applies to the person but the required information must be provided within 60 days after that day. Existing arrangements — provincial, territorial or municipal processes If, before the day on which paragraph 4(b) comes into force, a person has entered into an arrangement with a foreign principal in relation to a process referred to in that paragraph and the arrangement is in force on that day, then subsection 5(1) applies to the person but the required information must be provided within 60 days after that day. Existing arrangements — Indigenous processes If, before the day on which paragraph 4(c) comes into force, a person has entered into an arrangement with a foreign principal in relation to a process referred to in that paragraph and the arrangement is in force on that day, then subsection 5(1) applies to the person but the required information must be provided within 60 days after that day.