Public Safety committee  Thank you, Chair. This amendment is proposed because we noticed during the clause-by-clause preparation that existing agreements may not have been captured by the registration requirements of the act. The intent was to ensure that individuals who may have had an agreement on the day that the act comes into force are required to register it within a two-month period.

Public Safety committee  As we read the proposed amendment, it would require a comprehensive review of the act and the operations of the act. It would allow the commissioner to review how the act performed after the election. The review would not be limited just to the election, but it would be limited to just what is in the purview of the FITAA.

Public Safety committee  Yes. I misspoke, Chair. I'm sorry.

Public Safety committee  Our understanding is that “the Minister must cause the report to be tabled” means that the minister receives the report from the commissioner and then turns around and tables it in the House of Commons without the ability to change it.

Public Safety committee  That's right. There's no discretion there.

Public Safety committee  In any report that is tabled in the House publicly, there are always concerns about classified information being shared in that manner. Typically, when organizations receive intelligence, there are caveats. There are limits to what can be done. We would always be conscious that when the commissioner tables a report, he or she would be able to do so in a way that protects classified information.

Public Safety committee  I'll answer the question this way, Chair. NSIRA and NSICOP have an ability within the legislation to review the use of intelligence by the commissioner. If they misuse the intelligence, I would assume that NSIRA and NSICOP would, or would have the ability, at least, to look at that and make a determination.

Public Safety committee  Thank you for the question. I'll answer it in this way. There are three triggers to require a registration obligation in the legislation. Those three activities are communication with a public office holder, communication to the public, and the disbursement of money in relation to a government or political process.

Public Safety committee  The commissioner will have discretion in applying the legislation and determining in any given situation if an entity in Canada who is in an arrangement with a foreign body meets the definition of a foreign principal. The commissioner will be well placed to make that determination.

Public Safety committee  The bill was put forward in this way so that the commissioner would have the maximum discretion on which tools to use to address specific instances of non-compliance. There's a recognition that not all non-compliance deserves criminal punishment, but also that a lot of non-compliance doesn't deserve just a notice.

Public Safety committee  I think one of the things that stood out when we looked at the amendment was that there were already provisions in the Conflict of Interest Act, and so we would have to explore the consequences of this or the interactions between a prohibition and the conflict of interest legislation.

Public Safety committee  Thank you, Chair, for that question. On the proposed amendment in relation to paragraph (d), “the political or governmental processes of a federal or provincial Crown corporation”, the intent and interpretation is that the current definitions in Bill C-70 include Crown corporations, so our interpretation—which would be subject to the commissioner's interpretation, obviously—is that those are already included in the definition.

Public Safety committee  That's correct.

Public Safety committee  Yes, Chair.

Public Safety committee  Mr. Scrivens, go ahead.