Parliamentary Committee Notes: Bill C-70 Implementation
The legislation to counter foreign interference in Canada received Royal Assent on June 20, 2024. Bill C-70, An Act respecting countering foreign interference, introduces the Foreign Influence Transparency and Accountability Act (FITAA); and amends the Canadian Security Intelligence Service Act (CSIS Act), the Criminal Code, the Security of Information Act (now renamed the Foreign Interference and Security of Information Act, or FISIA) and the Canada Evidence Act.
Amendments to the CSIS Act came into force upon Royal Assent, while the amendments to the Security of Information Act, Criminal Code, and Canada Evidence Act will come into force 60 days from Royal Assent.
The FITAA will come into force by order of the Governor-in-Council at a future date given the substantial implementation work that is first required.
During the parliamentary process for the Bill C-70 there was widespread desire across all parties, including the government, to have this law in force ahead of the next federal election.
While we're working towards this target, we're also making sure that we take the time to get this right.
The legislative amendments will enhance government's ability to detect, disrupt and protect people in Canada against the threats posed by foreign interference. The legislative changes take into consideration the input received during consultations with the public and with a wide variety of partners and stakeholders, including provincial, territorial and Indigenous governments and partners, community organizations, academia, and the private sector.
Bill C-70 Elements and Impacts
CSIS Act: The changes brought to the CSIS Act through Bill C-70 will greatly improve CSIS' ability to work more effectively with provincial and territorial partners on a range of important national security issues. CSIS is prioritizing the policy work around its new disclosure authorities to ensure that it implements a framework for sharing information that protects CSIS sources, tradecraft and techniques, while also building resiliency to threats.
FISIA: The new FISIA, among other things, criminalized problematic activities that some foreign state actors or their proxies are conducting to harass and threaten Canadians, notably members of diaspora communities and dissidents. We refer to this type of activity as Transnational Repression.
FITAA: The Foreign Influence Transparency and Accountability Act will yield a number of benefits, including:
Establish a new mechanism, a Foreign Influence Transparency Registry, to shine a light on non-transparent foreign influence activities;
Bolster deterrence to those who may seek to circumvent our laws; and
Increase public awareness of attempts by foreign governments to influence our political or governmental processes.
FITAA Response
The FITCO will be housed within the Department of Public Safety, and will support the commissioner in making decisions with respect to investigations and enforcement.
Work is proceeding across a number of fronts:
First, we are working on the process for the appointment of the independent commissioner. The candidate will require approval of both the House and Senate before the Governor in Council may finalize the appointment.
Second, we are developing the regulations that are essential to the operation of the Registry.
These regulations will be consulted with the public and stakeholders, including through a Canada Gazette process.
The information technology and management infrastructure for the Registry is another focus of work. We want to make sure that the Registry is hosted and publicly available online, and that registration will not be administratively burdensome.
We are considering design of necessary education and guidance materials for the public as well as domestic and international stakeholders.
This will be essential as this is a new regime for Canada and the public and our international partners will need clear, concise direction about their potential obligations under the law.
We have learned from allies and partners that taking time to ensure there is a meaningful education process in advance of coming into force is critical to making sure the law is understood to support effective compliance and enforcement.
To meet our target of operationalizing the registry by June, 2025, we are prioritizing the application to federal political or governmental processes.
In other words, only influence activities and arrangements concerning federal processes will be covered at first.
However, the law is intended to capture influence activities and arrangements for all levels of government in Canada, including municipalities and Indigenous political and governmental processes.
Before we can bring the law into force to cover other levels of government we want to continue to speak to you to address any questions or concerns you may have with respect to how this law will affect your jurisdictions.