Foreign Influence Registry and Tougher Penalties

Summary#

This bill creates a federal Foreign Influence Registry. It would require people who act on behalf of a “foreign principal” to register when they try to influence federal officials on laws, policies, funding, or contracts. It also raises Criminal Code penalties for intimidation when done for a foreign state and adds a legal presumption tied to the registry.

• Requires individuals (not diplomats) acting for a foreign principal to file a return within 10 days of taking on such work (Bill s.6(1), s.6(3)).
• Sets up a public-facing registry for many returns, with access rules aligned to the Access to Information Act (Bill s.5(1)-(2)).
• Defines who counts as a “foreign principal,” tied to a schedule of countries set by cabinet (Bill s.2, s.8, Schedule).
• Creates offences for failing to file or for false statements, with fines up to $200,000 or imprisonment up to 2 years on indictment (Bill s.7(1)-(2)).
• Increases the maximum sentence for intimidation to 14 years if done on behalf of a foreign state, and presumes that registered persons are acting for a foreign state unless they prove otherwise (Criminal Code s.423(1.1)-(1.2), as added by Bill s.9).

What it means for you#

• Households

  • No change for ordinary contact with your MP or federal offices unless you are acting on behalf of a foreign principal from a listed country (Bill s.2, s.6(1)).
  • If a foreign embassy, state-linked entity, or foreign political organization asks you to communicate with a federal public office holder or to arrange a meeting, you must file a return within 10 days (Bill s.6(1)-(3)).
  • Your return must disclose your name and business address, the foreign principal’s details, any controlling persons, and any payments you received for the undertaking (Bill s.6(2)).

• Workers and consultants (law, PR, GR, NGOs, academia)

  • If you act for a foreign principal from a scheduled country to influence federal legislation, regulations, policies, programs, grants, contributions, contracts, or to arrange meetings, you must register within 10 days (Bill s.6(1)(a)-(b), s.6(3)).
  • This applies whether you are paid or unpaid; payment details must be reported if any exist (Bill s.6(2)(c)).
  • Failure to file or filing false information is an offence punishable by fines up to $200,000 or jail time (Bill s.7(1)-(2)).

• Businesses

  • Employees who engage federal public office holders on behalf of a foreign government, related entity, or foreign political organization from a scheduled country will need to register and disclose payment information related to the undertaking (Bill s.2, s.6(1)-(2)).
  • Communications about federal grants, contributions, other financial benefits, and contracts are covered (Bill s.6(1)(a)(v)-(vi)).

• Community and diaspora leaders

  • If you help a foreign state or its related entities (from a scheduled country) contact or influence federal office holders, you must register and disclose details noted above (Bill s.2, s.6(1)-(2)).
  • Diplomats and consular officers are exempt; others are not (Bill s.6(1)).

• Local and provincial governments

  • No direct effect. The bill applies to federal “public office holders” only, including MPs, Senators, staff, senior public servants, Governor in Council appointees, and officers or employees of federal boards and tribunals (Bill s.2).

• Anyone facing criminal charges for intimidation

  • If the offence was on behalf of a foreign state, the maximum penalty rises to 14 years (Criminal Code s.423(1.1)(a), as added by Bill s.9).
  • If you were required to file a return under this Act, you are presumed to have acted for a foreign state unless you prove otherwise on a balance of probabilities (Criminal Code s.423(1.2), as added by Bill s.9).

• Transparency and privacy

  • The Minister must keep in a registry returns that are public or would be disclosed under the Access to Information Act; the registry must be accessible online (Bill s.5(1)-(2)).
  • The Minister and the Crown are protected from lawsuits for good-faith disclosures under this Act (Bill s.5(3)).

• Scope limits

  • “Foreign government” and “foreign political organization” are tied to countries listed in a schedule that cabinet can amend after considering CSIS or NSICOP reports (Bill s.2, s.8, Schedule).
  • If a country is not listed, activities on its behalf may fall outside the Act’s definitions.

Expenses#

Estimated net cost: Data unavailable.

• No fiscal note published. Data unavailable.
• The bill requires creation and maintenance of a public registry but contains no explicit appropriation, fees, or cost recovery mechanism (Bill s.5).
• Enforcement responsibilities and costs are not specified. Data unavailable.

Proponents' View#

• Improves transparency of foreign influence by requiring timely registration for defined lobbying and meeting-arranging activities targeting federal officials (Bill s.6(1)-(3), s.5(2)).
• Gives the public visibility into who is acting for foreign principals, with online access to many filings (Bill s.5(1)-(2)).
• Deters coercive foreign interference by raising the maximum sentence for intimidation to 14 years when done for a foreign state (Criminal Code s.423(1.1)(a), as added by Bill s.9).
• Links the registry to criminal enforcement through a rebuttable presumption, which can make prosecutions more effective against foreign state-directed intimidation (Criminal Code s.423(1.2), as added by Bill s.9).
• Targets high-risk actors by tying coverage to a country schedule that cabinet can update using CSIS and NSICOP reporting (Bill s.8; Preamble).

Opponents' View#

• Coverage depends on a cabinet-set list of countries; actors tied to unlisted states could avoid registration, leaving gaps (Bill s.2, s.8, Schedule).
• The presumption that registrants acted for a foreign state in intimidation cases reverses the burden of proof on that point, which may raise fairness concerns and litigation risk (Criminal Code s.423(1.2), as added by Bill s.9).
• Broad “related to a foreign government” definitions (including informal obligations or “substantial control”) may be hard to interpret and could capture unintended individuals (Bill s.2).
• Public disclosure of names, business addresses, and payment details, combined with immunity for good‑faith disclosure, may heighten privacy and safety concerns without clear recourse (Bill s.5(2)-(3), s.6(2)).
• Administrative load and penalties are significant: a 10‑day filing window, fines up to $200,000, and potential imprisonment could chill legitimate engagement with federal officials (Bill s.6(3), s.7(2)).