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Media attention on the Foreign Influence Transparency Act and Accountability Act with a Federal election this year

Earlier this week, the National Post published an article, entitled “Diaspora groups call on Canada to activate foreign agent registry ahead of federal election.”

The article outlined diaspora groups’ displeasure with the indeterminate timeline for rolling out the foreign influence transparency registry (the “registry”).  The registry, which will be established under the Foreign Influence Transparency Act and Accountability Act (previously Bill C-70) received Royal Assent in June of 2024. However, the Liberal government has provided no further indication on what exactly this registry will look like or when it will come into effect.

Amidst this uncertainty, the government has received criticism for failing to provide concrete information and timelines on the registry’s rollout from supporters of the registry.

Supporters of the registry wish to see its implementation before the next federal election, citing fears of foreign interference, particularly from authoritarian regimes. Added pressure to implement the registry comes as the Liberal Leadership race is underway.

Although preventing foreign interference is very important, I have written about my concerns with this particular piece of legislation as it will affect Canadian non-profits and registered charities.  Here is my earlier blog post. In summary, my concern is that the terms “arrangement” and “political or government process” are very broad and the penalties very significant.  Many charities and non-profits could be unwittingly caught in these definitions.    There are now four different sets of rules applying to registered charities and political activities, ie. ITA, lobbying, election advertising and foreign interference.