Laws to counter foreign interference
Canada's most recent legislation on foreign interference, an Act respecting countering foreign interference, strengthens Canada's ability to detect, disrupt and counter foreign interference threats through a series of new measures and legislative amendments to national security and criminal laws.
On this page
- Foreign Influence Transparency and Accountability Act
- Changes to the Security of Information Act
- Modernizing the Canadian Security Intelligence Service Act
Foreign Influence Transparency and Accountability Act
The Foreign Influence Transparency and Accountability Act (FITAA) and its regulations establish an independent commissioner and a registry of foreign influence activities.
FITAA, its regulations, and the registry are administered and enforced by the Foreign Influence Transparency Commissioner and their office.
Office of the Foreign Influence Commissioner of Canada
Changes to the Security of Information Act
The Security of Information Act (SOIA) has been renamed to the Foreign Interference and Security of Information Act (FISIA). It criminalizes conduct that may be harmful to Canada, such as spying, economic espionage and foreign-influenced threats or violence.
The FISIA has been amended to:
- create new crimes to address foreign interference risks to Canada and to ensure that hostile activities are fully addressed by the criminal law, including those involving:
- deceptive or secret acts that undermine democratic processes, including foreign interference in nomination contests and federal, provincial, territorial, municipal and Indigenous governments or democratic processes. For example, surreptitiously influencing the nomination of a candidate
- deceptive or surreptitious acts that harm Canadian interests, such as knowingly helping a foreign agent pose as a tourist to enter Canada, and
- indictable offences committed when directed by, for the benefit of, or in association with a foreign entity
- better address threats or violence by those who work on behalf of foreign entities (section 20) to intimidate people living in Canada, including members of diaspora communities who may be uniquely vulnerable to these threats, and their families abroad. For example, a foreign government, or someone acting on their behalf, approaching someone in Canada and threatening their family outside of Canada in order to coerce the individual in Canada to silence their dissent
- expand the preparatory acts offence (section 22), which targets doing anything to prepare ahead of committing an offence (such as espionage), to cover more FISIA offences and the new foreign interference offences, and enhancing the existing penalties
- amend the definition of "special operational information" to address the inappropriate sharing of military technology and knowledge; and
- amend the definitions of person permanently bound to secrecy and allowing Canadian Armed Forces (CAF) units to be added to the FISIA schedule, so that CAF groups can be permanently bound to secrecy
Changes to the now-FISIA took effect on August 19, 2024.
Modernizing the Canadian Security Intelligence Service Act
An Act respecting countering foreign interference has also made targeted amendments to modernize the Canadian Security Intelligence Service (CSIS) Act. This better equips the Government of Canada to build resilience and to counter the modern threats Canada faces today, including foreign interference.
To ensure the safety, security, and prosperity of Canada, CSIS must be able to:
Equip national security partners:
This legislation enables broader disclosure of CSIS information to key partners beyond the Government of Canada, with appropriate safeguards, to help partners build resiliency to threats.
Operate in a digital world:
- This legislation increases CSIS' ability to be more agile and effective in its investigations, by introducing new warrants for specific investigative techniques
- It also enhances CSIS' capacity to collect and use datasets
- It amended Section 16 of the CSIS Act to allow CSIS to collect foreign intelligence from within Canada, even if the data is located outside Canada, as long as the intelligence pertains to foreign individuals or states operating in Canada
Respond to evolving threats:
This legislation requires Parliament to review the CSIS Act every five years to ensure that it keeps pace with advances in technology and data, as well as other evolutions in the national security space.
Related links
- Office of the Foreign Influence Commissioner of Canada
- Foreign Interference and Security of Information Act
- Protecting Canada's Democratic Institutions
- Addressing Foreign Interference
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