(Ottawa) The Trudeau government finally confirms its intention to create a registry of foreign agents of influence and grants new powers to the Canadian Security Intelligence Service (CSIS) in order to better counter the “deceptive and clandestine maneuvers” carried out in the country by authoritarian regimes like China.
Public Safety Minister Dominic LeBlanc tabled a bill on Monday containing a package of measures aimed at combating this threat, just three days after Commissioner Marie-Josée Hogue tabled her initial report on foreign interference.
In her 227-page report, the commissioner argues that there is no doubt that foreign states engaged in foreign interference activities during the 2019 and 2021 general elections. But these maneuvers led primarily by China did not did not affect the results of these two ballots.
One of the main measures of Bill C-70, the Law concerning the fight against foreign interference, is the creation of a famous register. The Trudeau government is thus bringing the country into line with its main allies, and is largely inspired by the regimes in force in the United States, the United Kingdom and Australia, while adding a Canadian flavor.
In fact, Ottawa will entrust the management of the register to an independent commissioner for transparency in matters of foreign influence, as revealed The Press in February. The commissioner will have the mandate not only to promote the registry, but to ensure that those who ignore their obligations are held accountable. It will have investigative powers similar to those of a court. The commissioner will be appointed for a term of seven years and his appointment must be approved by the recognized parties in the House of Commons and the Senate.
The bill provides that any person who engages in activities on behalf of a foreign state or state enterprise to influence a government or “political process” must publicly register their activities within 14 days.
The bill casts a wide net when it comes to government: this includes the federal government, provincial and municipal governments, and even school boards and First Nations band councils. This also includes any approach aimed at influencing the nomination meetings of political parties and electoral campaigns.
Penalties ranging from fines to imprisonment are also provided for those who ignore the register or provide false information.
Diplomats stationed in the country, senior officials of a foreign country on an official trip to Canada as well as representatives of private companies on mission to the country will not be subject to the provisions of the register.
“Our government has been clear. We will not tolerate any form of malicious foreign interference on Canadian soil. There Law concerning the fight against foreign interference will modernize our toolbox aimed at protecting our citizens and our democracy while defending Canadian values and principles,” said Minister LeBlanc, giving the details of his bill.
Bill C-70 also grants new powers to CSIS to take into account the context of foreign interference in the digital age. Once the law comes into force, CSIS will be able to obtain search warrants to carry out its investigations, and it will be able to collect, from Canada, information that is located outside the country.
In addition, CSIS will be able to communicate privileged information to individuals or organizations that have no connection with the federal government, in order to help them better protect themselves against threats. The law creating CSIS, which has never been modernized since its adoption four decades ago, indicated that this agency could only communicate with the federal government.
Also, the Trudeau government includes in the bill a review every five years of the CSIS Act so that the agency’s mandate and tools can evolve at the same pace as threats.
At a press conference accompanied by Minister LeBlanc, the Minister of Justice, Arif Virani, maintained that the bill modifies three other existing laws: the Information Protection Actthere Canada Evidence Act and the Criminal Code. He affirmed that the proposed changes fully respect the Charter of Rights and Freedoms.
“The legislative provisions were developed so as not to infringe on any rights guaranteed by the Charter,” he insisted.
Minister LeBlanc said he would like the bill to be adopted quickly by the House of Commons and the Senate so that it comes into force before the next federal election, scheduled for October 2025. In the bill, it is provided that the register is implemented one year after royal assent.