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The federal government has proposed fining people and organizations up to $1 million for failing to comply with the requirements of its planned foreign influence transparency registry.
Newly published draft regulations are another step toward establishing the registry, which was set out in legislation passed in 2024 as part of a package of measures to counter foreign interference.
The proposed regulations define key terms and describe the information individuals and entities would have to provide when entering into arrangements with foreign principals, which are entities owned or directed by foreign governments, to influence Canadian political or government activities.
Ottawa says the registry is needed because countries engaging in foreign interference to advance political goals might employ people to act on their behalf without disclosing those ties.
Individuals, businesses, non-profit organizations and educational institutions would be among those expected to register with the federal government to help guard against such activity.
The government has tabled legislation to counter foreign meddling in all levels of Canadian elections and establish a foreign agent registry. Former CSIS director Ward Elcock says the new bill will also give the security agency ‘a greater ability to talk to people about issues that may come up in investigations’ of foreign interference.
Data in the public registry would include identifying information about individuals and entities that have entered into an arrangement, information about the foreign principal and details of each arrangement, including its purpose and the types of influence activities involved.
An independent commissioner — yet to be named — will administer the registration scheme, which is to be enforced through notices, monetary fines and, in the most serious cases, criminal penalties.
“By requiring specific information that would be available in a public registry, the proposed regulations would provide Canadians with a clear and accessible tool to see who is engaging in foreign influence, the nature of their activities and any enforcement actions taken,” says a federal notice accompanying the draft measures.
“This visibility would help reassure the public that influence activities are being monitored and addressed appropriately.”
Canada lagging behind key allies
The federal government expects about 1,767 registrants would submit information annually, with an additional 54 new registrants each year, the notice says.
Canada has fallen behind key allies, such as the United States, the United Kingdom and Australia, on implementing dedicated legislation and regulations to address covert and non-transparent foreign influence, the notice adds.
“The proposed regulations would help close this gap by establishing a strong transparency framework aligned with the best international practices,” it says. “This alignment would also strengthen Canada’s credibility as a trusted partner in advancing global security and protecting democratic institutions.”
Activists from countries including Iran and China say their former governments are trying to silence them in Canada. CBC chief correspondent Adrienne Arsenault takes a closer look at the issue of foreign intimidation and speaks to the people being forced into the shadows in the very place they came to be safe.
Violations under the regime could include failure to provide information within 14 days of entering into an agreement with a foreign principal, or knowingly providing false or misleading information to the commissioner.
The proposed regulations would establish administrative monetary penalties for violations ranging from $50 to $1 million.
In determining a fine, the commissioner would consider such factors as the individual or organization’s history of compliance with the regime, whether the violation was intentional or inadvertent, capacity to pay and the degree of co-operation with the commissioner after receiving a notice of violation.
The proposed regulations would allow the commissioner to enter into compliance agreements, which could mean a reduced penalty — or none at all — if the person or organization meets specified conditions within an agreed time frame.
Public Safety Canada held consultations with key stakeholders to help inform the proposed regulations, the notice says. Participants included provincial and territorial governments, civil society organizations, diaspora communities, public interest law firms, international partners and national security experts.
Members of the public have 30 days to comment on the proposed regulations, which appear in the Canada Gazette.
