Mr. Côté, Ms. Simard's predecessor, had recommended that a third component be added to the definition of "undue influence" in the act. Under the act as it now reads, there is undue influence when expenses are incurred to promote or oppose a party or candidate, or when an activity that is carried out in order promote or oppose a party or candidate contravenes a federal or provincial law.
According to Mr. Côté, while it is important to protect freedom of expression in political discourse, the right to freedom of expression and the protection of political dialogue are clearly diminished when foreigners deliberately attempt to sow confusion in people's minds. He had therefore recommended that the act recognize that third way of exercising undue influence: cases where a foreign entity or person sows confusion or intentionally disseminates disinformation.