Government proposes foreign influence registry and grants new powers to CSIS to combat foreign interference.

7 May 2024 Noah Perreault

The federal government introduced Bill C-70 on Monday, aiming to combat foreign interference in Canadian politics, spanning from school boards to the House of Commons. If approved, the bill will establish new offences for foreign interference, reform intelligence gathering and sharing by Canada’s spy agency, and inaugurate a much-awaited foreign influence transparency registry.

Public Safety Minister Dominic LeBlanc presented the bill just days after a public inquiry emphasized the detrimental impact of foreign meddling on Canadians’ trust in democracy during the past two federal elections. Under the proposed legislation, it would be a punishable indictable offence, carrying a maximum penalty of life imprisonment, for individuals acting on behalf of foreign entities to engage in covert or misleading activities to influence political or governmental processes, including party nomination contests.

The ongoing public inquiry into foreign interference has highlighted party nominations as a significant concern. In the inaugural report released last Friday by Justice Marie-Josée Hogue, who leads the inquiry, it was acknowledged that the possibility of Chinese interference in the 2019 Liberal nomination contest for Don Valley North couldn’t be dismissed.

Additionally, the proposed bill would criminalize attempts by foreign entities or their proxies to influence the governance of educational institutions, spanning from school boards to universities and other higher learning institutions.

Furthermore, the legislation suggests amendments to the Criminal Code to prevent sabotage attacks on critical infrastructure, along with updates to the Security of Information Act to address the improper sharing of military technology and knowledge.

Former Director of the Canadian Security Intelligence Service, Ward Elcock, remarked that the introduction of new offences provides Canada with an opportunity for potential prosecutions.

CSIS would gain expanded authority to share information. For some time, CSIS has advocated for increased powers and the capacity to share information not only with the federal government but also with other entities targeted by foreign interference, including researchers, businesses, Indigenous communities, and local governments. Under Bill C-70, CSIS would be empowered to disclose sensitive information to these groups, aiming to enhance resilience against foreign interference.

“Despite CSIS possessing the knowledge and expertise to help Canadian companies withstand growing security threats, CSIS’ outdated legislation means that business leaders are left fending for themselves,” said council president Goldy Hyder.

“With new threat intelligence sharing authorities, CSIS could communicate more specific and tangible information with Canadian companies. This would give business leaders a clearer understanding of the growing threat, as well as the protective measures that could be taken to better safeguard their employees, customers, and the communities in which they operate.”

Elcock expressed skepticism regarding whether the changes will simplify matters for the spy agency, noting that it still needs to manage ongoing investigations alongside any new responsibilities.

“It will be more challenging for the service because it will have to take some decisions about what information it shares and doesn’t share,”he said.

“There’s the potential to create problems in an investigation by sharing too much.”

Central to the bill is the mandate for individuals representing foreign states and seeking to influence Canadian politics or government to register with the federal government. Similar foreign agent registries exist in the U.S. and Australia.

Violators of the regulations outlined in the proposed foreign influence transparency registry could face significant financial penalties and imprisonment, potentially amounting to millions of dollars. Diplomats would be exempt from these provisions under international law.

The bill unveiled on Monday also suggests the appointment of a foreign influence transparency commissioner to oversee the implementation and maintenance of the new registry system.

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