Countering Foreign Interference Act

An Act respecting countering foreign interference

Sponsor

Dominic LeBlanc  Liberal

Status

This bill has received Royal Assent and is, or will soon become, law.

Summary

This is from the published bill.

Part 1 amends the Canadian Security Intelligence Act to, among other things,
(a) update provisions respecting the collection, retention, querying and exploitation of datatsets;
(b) clarify the scope of section 16 of that Act;
(c) update provisions respecting the disclosure of information by the Canadian Security Intelligence Service;
(d) provide for preservation orders and production orders as well as warrants to obtain information, records, documents or things through a single attempt;
(e) expand the circumstances in which a warrant to remove a thing from the place where it was installed may be issued; and
(f) require a parliamentary review of that Act every five years.
It also makes a consequential amendment to the Intelligence Commissioner Act .
Part 2 amends the Security of Information Act to, among other things, create the following offences:
(a) committing an indictable offence at the direction of, for the benefit of, or in association with a foreign entity;
(b) knowingly engaging in surreptitious or deceptive conduct at the direction of, for the benefit of or in association with a foreign entity for a purpose prejudicial to the safety or interests of the State or being reckless as to whether the conduct is likely to harm Canadian interests; and
(c) engaging in surreptitious or deceptive conduct, at the direction of or in association with a foreign entity, with the intent to influence, among other things, the exercise of a democratic right in Canada.
It also amends that Act to remove as an element of the offence of inducing or attempting to induce — at the direction of, for the benefit of or in association with a foreign entity or terrorist group — by intimidation, threat or violence, a person to do anything or cause anything to be done, that the thing be done for the purpose of harming Canadian interests when the person who is alleged to have committed the offence or the victim has a link to Canada.
It also amends the Criminal Code to, among other things, broaden the scope of the sabotage offence to include certain acts done in relation to essential infrastructures and ensure that certain provisions respecting the interception of “private communications” as defined in that Act apply to certain offences in the Foreign Interference and Security of Information Act .
Finally, it makes consequential amendments to other Acts.
Part 3 amends the Canada Evidence Act and makes consequential amendments to other Acts to, among other things,
(a) create a general scheme to deal with information relating to international relations, national defence or national security in the course of proceedings that are in the Federal Court or the Federal Court of Appeal and that are in respect of any decision of a federal board, commission or other tribunal;
(b) permit the appointment of a special counsel for the purposes of protecting the interests of a non-governmental party to those proceedings in respect of such information; and
(c) allow a person charged with an offence to appeal a decision, made under the Canada Evidence Act with respect to the disclosure of certain information in relation to criminal proceedings, only after the person has been convicted of the offence, unless there are exceptional circumstances justifying an earlier appeal.
It also adds references to international relations, national defence and national security in a provision of the Criminal Code that relates to the protection of information, as well as references to international relations and national defence in certain provisions of the Immigration and Refugee Protection Act that equally relate to the protection of information.
Part 4 enacts the Foreign Influence Transparency and Accountability Act which, among other things,
(a) provides for the appointment of an individual to be known as the Foreign Influence Transparency Commissioner;
(b) requires certain persons to provide the Commissioner with certain information if they enter into arrangements with foreign principals under which they undertake to carry out certain activities in relation to political or governmental processes in Canada;
(c) requires the Commissioner to establish and maintain a publicly accessible registry that contains information about those arrangements;
(d) provides the Commissioner with tools to administer and enforce that Act; and
(e) amends the Public Service Superannuation Act , the National Security and Intelligence Committee of Parliamentarians Act and the National Security and Intelligence Review Agency Act .

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

June 13, 2024 Passed 3rd reading and adoption of Bill C-70, An Act respecting countering foreign interference

Countering Foreign Interference ActGovernment Orders

June 12th, 2024 / 5:20 p.m.


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NDP

Alistair MacGregor NDP Cowichan—Malahat—Langford, BC

Madam Speaker, for part 1, part 2 and part 3, the coming-into-force provisions would be 60 days after the bill receives royal assent, which is a fairly reasonable timeline.

What I think my colleague is alluding to is part 4, for which the coming into force would really be left up to a date determined by Governor in Council. If we do want to have a registry set up and operational, that, I would submit, is where time is of the essence.

Public safety officials were not able to comment specifically on what kind of time frame they would need, but I think they understand from the questioning they received from members of the Standing Committee on Public Safety and National Security that we treat the registry with seriousness and that we have high expectations of that.

Again, I hope the other place, the Senate, understands the urgency and passes the bill so it can land on the Governor General's desk in short order.

Countering Foreign Interference ActGovernment Orders

June 12th, 2024 / 5:20 p.m.


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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Madam Speaker, it is an honour to rise in this place to speak to Bill C-70. A foreign influence registry is something we have wanted to have, but we also recognize that there are concerns that overbroad application of such a registry could in itself inadvertently result in stigmatization of diaspora communities within Canada. The bill needs to be carefully administered, and much of what remains of what we would be passing, in a breathtakingly expedited fashion, would be be left to further regulations.

There are still a lot of questions as the bill moves forward. I have to say that, having the right, as any member of this place did, to say no to unanimous consent, I could have insisted that we have greater study. I have to say that I wish we did have greater study, but there was the timing and the consensus, and I am always inspired when I see members across party lines work together, because we do not see it often enough.

I know that the member for Vancouver East in the NDP is working with the Conservative and very hon. member for Wellington—Halton Hills. We are working together, as was the member for Cowichan—Malahat—Langford, also a New Democrat, so I stand here today very pleased that we are going to see the bill pass into law, but I am increasingly unnerved by the number of groups that have approached all of us.

Certainly, as the member for Saanich—Gulf Islands, I have received numerous concerns from the Canadian Civil Liberties Association, from the National Council of Canadian Muslims and from Democracy Watch, and their points are important. However, especially given the climate in which we find ourselves and the numerous delays in implementing changes to actually confront foreign interference, we have perhaps moved too quickly.

I am going to say for the record that I feel concerned that a number of these concerns are quite valid. For instance, when we consider that in subsection 20(3), the penalties for violating the act, and we still have to deal with the fact that there is some vagueness in how we are describing the offences, can amount to as much as imprisonment for life, these are very serious consequences and have a potential for a charter violation problem, as identified by some of the lawyers and legal organizations that have reviewed the bill and are asking whether it was wise to so infringe on the time in committee.

The hon. member for Cowichan—Malahat—Langford mentioned some amendments that the NDP would have liked but the Bloc did not like, but that is how democracy works in committee. As Greens, we were given a very short window, so short that we were not able to submit amendments in time to even have them voted down, with the expedited fashion in which we have studied the bill.

I want to put on the record that we will continue to monitor it closely. There is an improvement, as mentioned, from the first reading version where the bill would have received parliamentary review five years after passage. It would now be much sooner. However, having made the decision that it was very important given the degree of efforts at foreign interference in this country, which are well documented, the expedited passage of the bill is important because we are increasingly aware of the threat.

I should pause to say we are increasingly aware of the threat because of some excellent work that has been done by colleagues from all parties in this place and the National Security and Intelligence Committee of Parliamentarians. Their work is critical, and they have also been calling for measures such as those that are in Bill C-70.

As we go forward though in the development of regulations, and as the bill would be further implemented, let us be mindful that the bill has received precious little study. I think it is important to say that I do not think I have ever seen a bill with so many substantial changes to critical areas of law pass so very quickly as this one.

The concerns are also not just that the bill would have potentially charter-violating implications, as raised by the Canadian Civil Liberties Association. I was also taken by the commentary from Democracy Watch that we have left too many loopholes. If we want to deal with foreign interference, why have we left it possible for such issues as a foreign agent's using lobbyists as proxies and slipping past some of the scrutiny that would apply in other contexts? There are a number of points that Democracy Watch has made in relation to loopholes that should be closed.

We are looking at concerns about the way in which the legislation would be rolled out. We do hope that it will receive royal assent and get through the Senate, but we have asked the Senate also to expedite it. Again, as much as I support implementing a foreign influence registry and keeping track of the activity of hostile governments, I am left disquieted by, and we must actually pay attention to, the fact that we have gone perhaps recklessly quickly in bringing the bill forward and getting it all the way through to third reading and over to the Senate.

That, I have to say, I am concerned about even though I had the ability to object, and one member's objecting ends unanimous consent. I did not want to take that step, but I want to put on the record that we are going to have to be very careful from here and take every opportunity to ensure that we are not violating charter rights and that we are not creating additional hazards for members of diaspora communities that we had not considered before we moved so very quickly.

Why are we concerned about foreign interference? Well, it is very clear that foreign interference, as in the case of the hon. member for Wellington—Halton Hills, has resulted in actual threats and intimidation of family members, things that any member of this place should not have to be concerned about as a Canadian citizen. Nor, for that matter, should a foreigner visiting our shores be concerned about them. We are not the only country, obviously, that is now recognizing that foreign governments interfere in our domestic affairs.

Recently, of course, reading over the report of the National Security and Intelligence Committee of Parliamentarians put something back in mind. It was so long ago I had almost forgotten it, in 1983. It was European money that interfered in the Conservative Party leadership race in 1983, with Karlheinz Schreiber delivering a lot of cash to the anti-Joe Clark forces to secure a nomination more palatable to the forces from Europe providing that money, by nominating and electing Brian Mulroney as the leader of the Progressive Conservative Party.

That was 40 years ago, and we still have not closed that loophole, even with the legislation before us. We need to pay a lot of attention to how foreign governments interfere in our affairs.

I take the point from the member for Cowichan—Malahat—Langford and wish to agree that it is one of the bill's strengths that it would be agnostic as to whether a foreign government is one we like or one we do not like. It is important to ensure that Canadian democracy for Canadians operates in the interests of Canadians. We will obviously have to take more steps going forward, but certain countries rise up in our concerns based on CSIS concerns, based on our intelligence operations. Those countries we know; they are named and they are understood by us as being interested in undermining Canadian democracy.

However, Canadian democracy is also undermined if we ignore our own values, the Charter of Rights and Freedoms. We must make sure that we have not gone too far with draconian measures in an effort to ensure that we control foreign interference.

I know this speech reflects my ambivalence, and for that I apologize. I know that I am very pleased that we would have a foreign influence registry. I would like to ensure that it would be effective but also would not accidentally trespass into areas that we would later regret.

I thank my colleagues for the time to address these issues with regard to Bill C-70.

Countering Foreign Interference ActGovernment Orders

June 12th, 2024 / 5:30 p.m.


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NDP

Alistair MacGregor NDP Cowichan—Malahat—Langford, BC

Madam Speaker, part 1 of the bill has pretty significant proposed upgrades to the CSIS Act, particularly with how CSIS handles its dataset regime. That is following a fairly scathing report from the NSIRA, which showed that CSIS had regularly broken its legislative guidelines with respect to datasets.

As legislators, we are being asked to put a fair amount of trust into the executive branch and our intelligence agencies. I have no doubt that they do great work.

However, is my hon. colleague satisfied that our existing accountability mechanisms, our oversight mechanisms, such as NSICOP, NSIRA and the intelligence commissioner, are sufficient enough to maybe avoid reading another NSIRA report about how CSIS has breached its statutory guidelines in a number of years?

Countering Foreign Interference ActGovernment Orders

June 12th, 2024 / 5:35 p.m.


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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Madam Speaker, whenever we have a CSIS report that makes earth-shattering accusations, and parliamentarians assume CSIS is right, I always remember that CSIS is sometimes wrong. The accusations and information provided to members of cabinet in one era in this country told them that Maher Arar was a bad actor and that it was okay to allow extraordinary rendition, where he would be tortured in another country. CSIS is not always right, and we must ensure that we protect Canadians and those who are on our shores from the actions that occurred in such a dreadful episode as that. I am not sure that we have not left ourselves open to that happening again.

Countering Foreign Interference ActGovernment Orders

June 12th, 2024 / 5:35 p.m.


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Pickering—Uxbridge Ontario

Liberal

Jennifer O'Connell LiberalParliamentary Secretary to the Minister of Public Safety

Madam Speaker, I thank my hon. colleague for her speech in the House and her insights on the bill.

I want to ask the member about the provision to have the CSIS Act regularly reviewed every five years. Given that the legislation is almost 41 years old, one thing I always found challenging was the fact that there had not been a significant review to keep pace not only with the changing threat nature of foreign interference but also with security and privacy issues all around.

Could the member comment on the ability to review this important legislation?

Countering Foreign Interference ActGovernment Orders

June 12th, 2024 / 5:35 p.m.


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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Madam Speaker, it is important to be able to have periodic reviews, but I will not forget what we had done in the Harper era, where we gave CSIS kinetic powers that it had not had before. That was a mistake, but we have left it that way.

The RCMP was supposed to act on intelligence; intelligence gathering was the exclusive job of CSIS. We still have silos in this country between intelligence gathering and law enforcement, and we need to break them down. We should also ensure that the executive branch does not have too much power over the way in which the intelligence and kinetic activities are orchestrated.

We need more parliamentary involvement, and I certainly think the work of the National Security and Intelligence Committee of Parliamentarians is a welcome step forward in this direction.

Countering Foreign Interference ActGovernment Orders

June 12th, 2024 / 5:35 p.m.


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The Assistant Deputy Speaker Carol Hughes

Pursuant to order made earlier today, all questions necessary to dispose of the third reading stage of Bill C-70, an act respecting countering foreign interference, are deemed put and a recorded division deemed requested and deferred until Thursday, June 13, at the expiry of the time provided for Oral Questions.

Countering Foreign Interference ActGovernment Orders

June 12th, 2024 / 5:35 p.m.


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Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

Madam Speaker, I believe if you seek it, you will find unanimous consent to see the clock at 5:54 p.m., so we can begin Private Members' Business.

Countering Foreign Interference ActGovernment Orders

June 12th, 2024 / 5:35 p.m.


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The Assistant Deputy Speaker Carol Hughes

Is it agreed?

Countering Foreign Interference ActGovernment Orders

June 12th, 2024 / 5:35 p.m.


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Some hon. members

Agreed.

The House resumed from June 12 consideration of the motion that Bill C-70, An Act respecting countering foreign interference, be read the third time and passed.

Countering Foreign Interference ActGovernment Orders

June 13th, 2024 / 3:15 p.m.


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The Speaker Greg Fergus

It being 3:18 p.m., pursuant to order made on Wednesday, June 12, the House will now proceed to the taking of the deferred recorded division on the motion at the third reading stage of Bill C-70.

Call in the members.

(The House divided on the motion, which was agreed to on the following division:)

Vote #814

Countering Foreign Interference ActGovernment Orders

June 13th, 2024 / 3:30 p.m.


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The Speaker Greg Fergus

I declare the motion carried.

(Bill read the third time and passed)