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Bill S-237

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First Session, Forty-fourth Parliament,

70-71 Elizabeth II, 2021-2022

SENATE OF CANADA

BILL S-237
An Act to establish the Foreign Influence Registry and to amend the Criminal Code
FIRST READING, February 24, 2022

THE HONOURABLE SENATOR Housakos
4412119


SUMMARY

This enactment enacts the Foreign Influence Registry and Accountability Act, which imposes an obligation on individuals acting on behalf of a foreign principal to file a return when they undertake specific actions with respect to public office holders. It also provides for the establishment of a public registry in which all returns must be kept.‍

It also amends the Criminal Code to increase the sentence for intimidation if the offender acted on behalf of the government of a foreign state, and it specifies that anyone who has filed a return under the Foreign Influence Registry and Accountability Act is presumed to be acting on behalf of the government of a foreign state unless the contrary is proved on a balance of probabilities.

Available on the Senate of Canada website at the following address:
www.sencanada.ca/en


1st Session, 44th Parliament,

70-71 Elizabeth II, 2021-2022

SENATE OF CANADA

BILL S-237

An Act to establish the Foreign Influence Registry and to amend the Criminal Code

Preamble

Whereas transparency, openness and public accountability are vital elements in Canada’s democratic process;

Whereas foreign governments, entities and agents regularly seek to influence the policies of the Government of Canada;

Whereas recent reports from both the Canadian Security Intelligence Service and the National Security and Intelligence Committee of Parliamentarians highlight concerns about increased foreign interference;

Whereas some foreign states engage in acts of foreign interference to advance foreign political interests and to influence Canadian officials and decision-makers;

Whereas some foreign states engage in acts of interference and intimidation of individuals, groups of individuals or organizations to influence the outcome of Canada’s electoral processes;

And whereas other democratic nations have established foreign agent registry acts in order to better protect their own democratic processes;

Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Short Title

Short title

1 This Act may be cited as the Foreign Influence Registry and Accountability Act.

Interpretation

Definitions

2 The following definitions apply in this Act.

foreign government means a government of a country set out in the schedule. (gouvernement étranger)

foreign political organization means a political organization from a country set out in the schedule. (organisation politique étrangère)

foreign principal means a foreign government, an individual or entity related to a foreign government, a foreign political organization that exists primarily to pursue political objectives or an individual or entity related to such an organization. (commettant étranger)

Minister means the member of the Queen’s Privy Council for Canada designated under section 4. (ministre)

public office holder means any officer or employee of Her Majesty in right of Canada and includes

  • (a) a member of the Senate or the House of Commons and any person on the staff of such a member;

  • (b) a person who, in a department within the meaning of paragraph (a), (a.‍‍1) or (d) of the definition department in section 2 of the Financial Administration Act,

    • (i) occupies the senior executive position, whether by the title of deputy minister, chief executive officer or by some other title, or

    • (ii) is an associate deputy minister or an assistant deputy minister or occupies a position of comparable rank;

  • (c) a person who is appointed to any office or body by or with the approval of the Governor in Council or a minister of the Crown, but does not include a judge receiving a salary under the Judges Act or the lieutenant governor of a province; and

  • (d) an officer, director or employee of any federal board, commission or other tribunal as defined in the Federal Courts Act. (titulaire d’une charge publique)

Related individual

3 (1) For the purposes of the definition foreign principal, an individual is related to a foreign government or to a foreign political organization that pursues political objectives if

  • (a) the individual is accustomed to acting or is under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of the foreign government or foreign political organization; or

  • (b) the foreign government or foreign political organization is in a position to exercise, in any other way, total or substantial control over the individual.

Related entity

(2) For the purposes of the definition foreign principal, an entity is related to a foreign government or to a foreign political organization that pursues political objectives if

  • (a) in the case of a corporation,

    • (i) the foreign government or foreign political organization holds the majority of the issued share capital of the corporation,

    • (ii) the foreign government or foreign political organization holds the majority of the voting shares of the corporation,

    • (iii) the foreign government or foreign political organization is in a position to appoint the majority of the corporation’s board of directors,

    • (iv) the directors of the corporation are accustomed to acting or are under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of the foreign government or foreign political organization, or

    • (v) the foreign government or foreign political organization is in a position to exercise, in any other way, total or substantial control over the corporation; and

  • (b) in any other case,

    • (i) the members of the executive committee of the entity are accustomed to acting or are under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of the foreign government or foreign political organization, or

    • (ii) the foreign government or foreign political organization is in a position to exercise, in any other way, total or substantial control over the entity.

Designation

Order in council

4 The Governor in Council may, by order, designate a member of the Queen’s Privy Council for Canada to be the Minister for the purposes of this Act.

Foreign Influence Registry

Establishment of registry

5 (1) The Minister must establish and maintain a registry in which the following returns filed under this Act must be kept:

  • (a) returns that are publicly available; and

  • (b) returns that the Minister determines would be disclosed to the public in accordance with the Access to Information Act if a request were made in respect of the return under that Act, including any return or part of a return that would be disclosed in the public interest under subsection 20(6) of that Act.

Accessible to public

(2) The Minister must make the registry accessible to the public through the Internet and by any other means the Minister considers appropriate.

Protection from civil proceeding or prosecution

(3) Despite any other Act of Parliament, no civil or criminal proceedings lie against the Minister or any person acting on behalf of or under the direction of the Minister, and no proceedings lie against the Crown, for the disclosure in good faith of any return or any part of a return under this Act or for any consequences that flow from that disclosure.

Requirement to file return

6 (1) An individual, except a diplomatic or consular officer or any other official representative in Canada of a foreign government, must file a return with the Minister, in the form and manner established by the Minister, if that individual, on behalf of a foreign principal, undertakes to

  • (a) communicate with a public office holder in respect of

    • (i) the development of any legislative proposal by the Government of Canada or by a member of the Senate or the House of Commons,

    • (ii) the introduction of any Bill or resolution in either House of Parliament or the passage, defeat or amendment of any Bill or resolution that is before either House of Parliament,

    • (iii) the making or amendment of any regulation as defined in subsection 2(1) of the Statutory Instruments Act,

    • (iv) the development or amendment of any policy or program of the Government of Canada,

    • (v) the awarding of any grant, contribution or other financial benefit by or on behalf of Her Majesty in right of Canada, or

    • (vi) the awarding of any contract by or on behalf of Her Majesty in right of Canada; or

  • (b) arrange a meeting between a public office holder and any other person.

Contents of return

(2) The return must set out the following information:

  • (a) the name and business address of the individual and, if applicable, the name and business address of the organization with which the individual is associated;

  • (b) the name and business address of the foreign principal on whose behalf the individual is acting and the name and business address of any person or organization that, to the knowledge of the individual, controls or directs the activities of the foreign principal and has a direct interest in the outcome of the individual’s activities on behalf of the foreign principal; and

  • (c) the nature and amount of each payment received directly or indirectly by the individual to enter into an undertaking referred to in subsection (1) on behalf of a foreign principal, the form and date of each payment, their purpose, and the name of the payer.

Time limit for filing return

(3) The individual must file the return no later than 10 days after the day on which the individual enters into an undertaking referred to in subsection (1).

Offence and Punishment

Offence

7 (1) Every individual commits an offence if they fail to file a return as required under subsection 6(1) or if they knowingly make any false statement in any return filed with the Minister under this Act.

Penalty

(2) Every individual who commits an offence under subsection (1) is liable,

  • (a) on conviction on indictment, to a fine not exceeding $200,000 or to imprisonment for a term not exceeding two years, or to both; and

  • (b) on summary conviction, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding six months, or to both.

Amendment of Schedule

Order in council

8 After taking into account reports from the National Security and Intelligence Committee of Parliamentarians or from the Canadian Security Intelligence Service, the Governor in Council may, by order, amend the schedule by adding, changing or deleting the name of a country.

R.‍S.‍, c. C-46

Criminal Code

9 (1) The portion of subsection 423(1) of the Criminal Code before paragraph (a) is replaced by the following:

Intimidation

423 (1) Every one Insertion start commits an offence Insertion end who, wrongfully and without lawful authority, for the purpose of compelling another person to abstain from doing anything that he or she has a lawful right to do, or to do anything that he or she has a lawful right to abstain from doing,

(2) Section 423 of the Act is amended by adding the following after paragraph (1):

Punishment

Start of inserted block

(1.‍1) A person who commits an offence under subsection (1) is,

  • (a) in the case in which the person acted on behalf of the government of a foreign state, guilty of an indictable offence and liable to a term of imprisonment of not more than 14 years; or

  • (b) in any other case, guilty of an indictable offence and liable to imprisonment for a term of not more than five years or guilty of an offence punishable on summary conviction.

    End of inserted block

Presumption

Start of inserted block

(1.‍2) Unless the contrary is proved on the balance of probabilities, a person who commits an offence under subsection (1) is presumed to act on behalf of the government of a foreign state if, at the time of the offence, the person was required to file a return under subsection 6(1) of the Foreign Influence Registry and Accountability Act.

End of inserted block


SCHEDULE 

(Sections 2 and 8)
Countries

EXPLANATORY NOTES

Criminal Code
Clause 9: (1) Text of relevant portion of subsection 423(1):

423 (1) Every one is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who, wrongfully and without lawful authority, for the purpose of compelling another person to abstain from doing anything that he or she has a lawful right to do, or to do anything that he or she has a lawful right to abstain from doing,

(2) New.

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