Foreign-influence registry set to launch, with uncertainty lingering over who must enroll
Stephanie LevitzSenior reporter
Ottawa
Published 3 hours ago
Open this photo in gallery:
Foreign Influence Commissioner Anton Boegman prepares to appear before the Standing Committee on Procedure and House Affairs (PROC), in Ottawa earlier this year.Justin Tang/The Canadian Press
07:32
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A long-awaited registry intended to shed more light on state-backed foreign-influence activities in Canada launches Tuesday with uncertainty lingering over who will have to sign up.
Journalists, professional service providers including lawyers and accountants, and entities such as the sovereign wealth funds that Prime Minister Mark Carney is courting for investment in Canada are among those whose activities may have to be logged.
The new system is part of the Liberal government’s broad response to concerns raised about state-backed meddling in elections and other democratic processes in Canada, which culminated in the 2024 Hogue Inquiry.
China, India among countries active in foreign interference and spying in Canada, CSIS says
Advocates for a registry say it will ensure transparency and accountability from people working on behalf of foreign governments and protect communities who could be targets.
But the legal community and civil-rights organizations say the system created by the Liberals is too broad. They are urging the independent Office of the Foreign Influence Commissioner of Canada to swiftly clarify what triggers the need to register before the intent of process is lost.
The definition of who must register as of Tuesday includes three criteria: they have an arrangement with a foreign principal; the goal of the arrangement is to influence a political or governmental process in Canada; and the arrangement involves specific influence activities.
Among those defined as a foreign principal are states, a group or organization of states or foreign powers, or economic entities owned or controlled by states – a definition that would encompass sovereign wealth funds and multilateral organizations such as NATO or the United Nations.
Influence activities are defined as communicating with a public office holder – including, but not limited to, elected officials – or with the public.
The Office of the Foreign Influence Commissioner of Canada’s website says that influence activities could also include published or streamed media interviews, which would mean journalists who publish interviews with foreign officials would have to register.
The registry is broad by design to minimize the risk that people will try to exploit loopholes, Foreign Influence Commissioner Anton Boegman told The Globe and Mail in an interview. He officially assumes his role on Tuesday.
00:08 / 00:15
“It’s a transparency requirement and really not a restriction on any kind of lawful participation in civil discourse or in political or government matters,” he said.
There are carve-outs; accredited diplomats don’t have to register, nor do domestic government officials acting within their mandates.
For now, those whose work involves engagement with Indigenous communities on behalf of foreign principals do not have to register; that element will be implemented later.
Mr. Boegman said sector-specific guidelines will be developed over time, and tweaks are possible as implementation rolls out. His office will also reach out to potential registrants to help them understand their obligations.
As of Tuesday, those whose work already falls under the registry’s requirements have 60 days to register. Any new arrangements must be registered within 14 days.
The data registrants must provide include identifying information such as dates of birth and business numbers, as well as details about the foreign principal and the specifics of the arrangement, such as what governmental processes are being influenced, the influence activities themselves, and any benefits or compensation being provided.
Those who fail to register could face fines of up to $1-million or criminal prosecution.
Canadians cite U.S. influence, separatist sentiment in Alberta as threats to unity, poll finds
An analysis published by the Liberal government earlier this year as part of the regulatory process to set up the registry said 872 people and 1,550 businesses would be required to register, an estimate based on Australia’s experience with its registry.
Mr. Boegman said that being registered shouldn’t be perceived as negative.
“I think hopefully Canadians are going to understand that the registry ultimately is going to strengthen the protections that we have; it’s going to strengthen the democratic processes and institutions that we have and just help them better understand when activities are taking place on behalf of foreign principals.”
The Liberal government tabled the Foreign Influence Transparency and Accountability Act in 2023 amid fallout from media coverage of foreign interference in Canadian domestic politics.
The bill, which among other things created the registry and Mr. Boegman’s position, became law in 2024.
Opposition MPs and diaspora groups have since criticized the government for delaying the establishment of the registry, saying people were being put at risk.
Some groups, however, have argued the registry as it was unveiled doesn’t go far enough. It doesn’t reflect, for example, that public office holders’ families can be targets of foreign interference or intimidation.
In a brief to government earlier this year, the Canadian Coalition for a Foreign Influence Transparency Registry and the Human Rights Action Group expressed concern that registering could confer legitimacy on some coercive activities.
Still others say the open-ended nature of the program could undermine its goal.
Tamir Israel of the Canadian Civil Liberties Association said there is a risk that Canadian organizations will shy away from engagement with global partners because determining thresholds for registration is too complicated, and they don’t want to risk fines or punishment.
That journalists could be required to register raises questions about whether in turn they could be investigated for their work, he added.
Opinion: How Ottawa can help local elections officials defend against foreign interference
Other countries with foreign-influence registries have more explicit direction attached, he said, and Canada missed an important opportunity.
“We’re left with a regulatory regime that is unclear and could potentially go very, very far in excess of what its legitimate parameters are,” he said.
Alexis Levine, a partner with the firm Blake, Cassels & Graydon LLP, said the purpose of the act and the registry is to stop foreign states from interfering either directly or through economic entities they control, and that is important.
But the registry as structured captures a broad range of legitimate domestic economic activity, he said, such as licensing and permits.
“I also think that will make it difficult initially to separate the wheat from the chaff because there will be so many initial registrations that it will be hard to identify true attempts at foreign influence from routine economic activity,” he said.
“It will be interesting to see how the commissioner manages that so as to make sure that the purpose of the act doesn’t get drowned out in precautionary filings and compliance.”
********************************************************
How about some of these for a start; I'm sure there will be tons of others to follow.
CIJA, Centre for Israel & Jewish Affairs. FIDF, Freinds of IDF; Honest Reporting Canada; NIFC, New Israel Fund Canada; IFCJ, Int'l Fellowship of Xians & Jews; JNF.........etc etc
Stephanie LevitzSenior reporter
Ottawa
Published 3 hours ago
Open this photo in gallery:
Foreign Influence Commissioner Anton Boegman prepares to appear before the Standing Committee on Procedure and House Affairs (PROC), in Ottawa earlier this year.Justin Tang/The Canadian Press
07:32
1x
A long-awaited registry intended to shed more light on state-backed foreign-influence activities in Canada launches Tuesday with uncertainty lingering over who will have to sign up.
Journalists, professional service providers including lawyers and accountants, and entities such as the sovereign wealth funds that Prime Minister Mark Carney is courting for investment in Canada are among those whose activities may have to be logged.
The new system is part of the Liberal government’s broad response to concerns raised about state-backed meddling in elections and other democratic processes in Canada, which culminated in the 2024 Hogue Inquiry.
China, India among countries active in foreign interference and spying in Canada, CSIS says
Advocates for a registry say it will ensure transparency and accountability from people working on behalf of foreign governments and protect communities who could be targets.
But the legal community and civil-rights organizations say the system created by the Liberals is too broad. They are urging the independent Office of the Foreign Influence Commissioner of Canada to swiftly clarify what triggers the need to register before the intent of process is lost.
The definition of who must register as of Tuesday includes three criteria: they have an arrangement with a foreign principal; the goal of the arrangement is to influence a political or governmental process in Canada; and the arrangement involves specific influence activities.
Among those defined as a foreign principal are states, a group or organization of states or foreign powers, or economic entities owned or controlled by states – a definition that would encompass sovereign wealth funds and multilateral organizations such as NATO or the United Nations.
Influence activities are defined as communicating with a public office holder – including, but not limited to, elected officials – or with the public.
The Office of the Foreign Influence Commissioner of Canada’s website says that influence activities could also include published or streamed media interviews, which would mean journalists who publish interviews with foreign officials would have to register.
The registry is broad by design to minimize the risk that people will try to exploit loopholes, Foreign Influence Commissioner Anton Boegman told The Globe and Mail in an interview. He officially assumes his role on Tuesday.
00:08 / 00:15
“It’s a transparency requirement and really not a restriction on any kind of lawful participation in civil discourse or in political or government matters,” he said.
There are carve-outs; accredited diplomats don’t have to register, nor do domestic government officials acting within their mandates.
For now, those whose work involves engagement with Indigenous communities on behalf of foreign principals do not have to register; that element will be implemented later.
Mr. Boegman said sector-specific guidelines will be developed over time, and tweaks are possible as implementation rolls out. His office will also reach out to potential registrants to help them understand their obligations.
As of Tuesday, those whose work already falls under the registry’s requirements have 60 days to register. Any new arrangements must be registered within 14 days.
The data registrants must provide include identifying information such as dates of birth and business numbers, as well as details about the foreign principal and the specifics of the arrangement, such as what governmental processes are being influenced, the influence activities themselves, and any benefits or compensation being provided.
Those who fail to register could face fines of up to $1-million or criminal prosecution.
Canadians cite U.S. influence, separatist sentiment in Alberta as threats to unity, poll finds
An analysis published by the Liberal government earlier this year as part of the regulatory process to set up the registry said 872 people and 1,550 businesses would be required to register, an estimate based on Australia’s experience with its registry.
Mr. Boegman said that being registered shouldn’t be perceived as negative.
“I think hopefully Canadians are going to understand that the registry ultimately is going to strengthen the protections that we have; it’s going to strengthen the democratic processes and institutions that we have and just help them better understand when activities are taking place on behalf of foreign principals.”
The Liberal government tabled the Foreign Influence Transparency and Accountability Act in 2023 amid fallout from media coverage of foreign interference in Canadian domestic politics.
The bill, which among other things created the registry and Mr. Boegman’s position, became law in 2024.
Opposition MPs and diaspora groups have since criticized the government for delaying the establishment of the registry, saying people were being put at risk.
Some groups, however, have argued the registry as it was unveiled doesn’t go far enough. It doesn’t reflect, for example, that public office holders’ families can be targets of foreign interference or intimidation.
In a brief to government earlier this year, the Canadian Coalition for a Foreign Influence Transparency Registry and the Human Rights Action Group expressed concern that registering could confer legitimacy on some coercive activities.
Still others say the open-ended nature of the program could undermine its goal.
Tamir Israel of the Canadian Civil Liberties Association said there is a risk that Canadian organizations will shy away from engagement with global partners because determining thresholds for registration is too complicated, and they don’t want to risk fines or punishment.
That journalists could be required to register raises questions about whether in turn they could be investigated for their work, he added.
Opinion: How Ottawa can help local elections officials defend against foreign interference
Other countries with foreign-influence registries have more explicit direction attached, he said, and Canada missed an important opportunity.
“We’re left with a regulatory regime that is unclear and could potentially go very, very far in excess of what its legitimate parameters are,” he said.
Alexis Levine, a partner with the firm Blake, Cassels & Graydon LLP, said the purpose of the act and the registry is to stop foreign states from interfering either directly or through economic entities they control, and that is important.
But the registry as structured captures a broad range of legitimate domestic economic activity, he said, such as licensing and permits.
“I also think that will make it difficult initially to separate the wheat from the chaff because there will be so many initial registrations that it will be hard to identify true attempts at foreign influence from routine economic activity,” he said.
“It will be interesting to see how the commissioner manages that so as to make sure that the purpose of the act doesn’t get drowned out in precautionary filings and compliance.”
********************************************************
How about some of these for a start; I'm sure there will be tons of others to follow.
CIJA, Centre for Israel & Jewish Affairs. FIDF, Freinds of IDF; Honest Reporting Canada; NIFC, New Israel Fund Canada; IFCJ, Int'l Fellowship of Xians & Jews; JNF.........etc etc
