Foreign Influence Commissioner Anton Boegman said the registry requirements were designed broadly so as to minimize loopholes, but his office is watching to see where tweaks might be necessary over time.Justin Tang/The Canadian Press
Canada’s new Foreign Influence Commissioner moved on the first day of his mandate to clarify the rules for a registry the government has promised will shed more light on state-backed meddling within the country.
The commissioner’s office issued five interpretation bulletins on Tuesday for key parameters of the new system, providing guidance for those who may have to log their activities.
While advocates for the foreign-influence registry say ensuring transparency is important, concerns have also been raised that the registry’s requirements are overly broad and risk undermining its intent.
As of Tuesday, individuals or organizations that have an arrangement with a foreign principal to conduct activities intended to influence Canadian politics or government processes must register those arrangements or potentially face fines or criminal prosecution.
“With the establishment of the public registry, we are moving to ensure those representing the interests of a foreign entity do so with transparency and accountability, and to weed out the foreign interference that seeks to harm our country and our people,” Public Safety Minister Gary Anandasangaree said in a statement Tuesday.
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Among the issues addressed by Commissioner Anton Boegman in the bulletins Tuesday are the definition of arrangement, what an influence activity is or isn’t, and – in an important notice to the legal community – where solicitor-client privilege sits in the mix.
“Providing advice, which is subject to solicitor-client privilege, to a foreign principal is not considered an influence activity,” one of the bulletins said.
“This activity does not count as an influence activity as it does not involve communicating with or providing a benefit to members of the public or public office holders in an attempt to sway their position on a Canadian political or governmental process.”
Timothy Cullen, a partner at McMillan LLP, said in an interview that he was pleasantly surprised to see the commissioner deal with the question of solicitor-client privilege right off the bat, but would have liked to see it go further.
Interpretation bulletins are non-binding and can be changed, he pointed out.
“An exemption could have been issued by regulation and would be far more legally significant than a mere interpretation bulletin,” he said.
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In an interview ahead of the registry launch, Mr. Boegman said the registry requirements were designed broadly so as to minimize loopholes, but his office would be watching to see where tweaks might be necessary over time.
Those whose work would have qualified for registration as of Tuesday have 60 days to register. Any new arrangements entered into after Aug. 4 must be logged within 14 days.
After review by the commissioner’s office, registrations will be made public.
Mr. Cullen said he’s waiting to see what the first batch of public registrations reveals.
“I’m very curious to see what ends up being reported in the first round of public disclosures and whether there is overdisclosure or unnecessary disclosure that results in the commissioner issuing further clarification,” he said.
The registry 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.
Canada’s foreign influence registry to come into force in early August
What the new system is set up to capture is much broader than influence linked to elections.
It includes, for example, the potential that journalists who conduct interviews with foreign officials will have to register, as would state-backed businesses engaging with the government over issues such as permits or licences.
However, capturing foreign influence in Canadian politics remains part of the system’s purpose.
One of the bulletins issued Tuesday that discussed the interpretation of influence activities gave this as an example: “Publishing an article or video about the benefits of voting a certain way in an upcoming referendum.”
A referendum asking residents of Alberta whether they would like to start a legal process to separate from Canada, among other questions, is scheduled for Oct. 19.
Naheed Nenshi, leader of the Alberta NDP, has raised concerns about foreign interference in the referendum. He wrote to the Canadian Security Intelligence Service earlier this year about the issue; the agency responded to Mr. Nenshi in a letter, which he shared on social media on Sunday.
In it, the spy service said it is aware of and monitoring the risk of potential state-backed meddling in the vote.
The Alberta government has said it is also actively watching for internal and external threats.