Canada Launches Public Consultation on Proposed Overseas Impact Transparency Registry | Blake, Cassels & Graydon LLP

On March 10, 2023, Canada’s Minister of Community Protection, the Honourable Marco Mendicino, introduced the federal government’s start of a community consultation on the creation of a International Affect Transparency Registry in Canada (Registry). The objective of the general public consultation is to solicit suggestions on how Canada might bolster defences against malign international impact. Consultations are open up right up until May 9, 2023.

Concurrent with the start, the govt released a consultation paper, “Maximizing Overseas Impact Transparency: Exploring Steps to Fortify Canada’s Method” (Consultation Paper).


The proposed Registry attempts to distinguish amongst two principles: overseas influence and international interference. International affect entails transparent activities undertaken by foreign states to exert impact, these types of as genuine lobbying, advocacy endeavours and frequent diplomatic activity. Overseas interference, on the other hand, is described in the Consultation Paper as “activities perpetrated by a foreign state, or proxy, that are unsafe to Canada’s interests and are clandestine or deceptive, or include a risk to any particular person.” A sub-set of overseas interference recognised as “malign international influence” refers to a foreign principal’s attempt to exert impact through non-transparent or covert indicates.

The objective of the proposed Registry is to be certain transparency and accountability from folks who advocate on behalf of a international government and to guard communities who are targeted by overseas interference by overseas governments.


When many present legislative instruments tangentially regulate international impact things to do, they are not precisely developed to handle malign international influence. For instance, the Lobbying Act necessitates those people in search of to influence Canadian public workplace holders to register and report communication actions with general public business office holders. Having said that, according to the Session Paper, international states and their proxies that seek out to work covertly when influencing Canada may possibly do so in methods that steer clear of registration obligations beneath the Lobbying Act. This could contain trying to get to leverage associates of specified cultural teams to assistance the foreign state’s geopolitical sights to the detriment of Canada devoid of any direct communications with public business holders demanding registration less than the Lobbying Act.

The Canada Elections Act includes different prohibitions linked to foreign involvement in electoral things to do. For instance, only Canadian citizens and long term people are permitted to donate to federal elections candidates, riding associations, political events, and nomination and management campaigns, and 3rd get-togethers are unable to use international contributions to assistance their partisan actions. Nonetheless, Canada’s election legislation do not absolutely prolong to celebration nomination contests and elections at subnational stages.


The Session Paper outlines the key things of the Overseas Influence Transparency Registry under thing to consider, such as:

  1. Arrangements to Impact Canada Could Involve Registration: These types of “arrangements” could require registration where by the intent of the arrangement is to undertake influence actions in Canada or toward Canadians. Arrangements could be express or implicit and would not require to demand payment. Failure to register an arrangement could end result in monetary, regulatory/civil and/or felony penalties levied in opposition to the person or entity in contravention of the provisions.

  2. Wide Checklist of Registrable Routines: The Registry would deliver for a wide, clear list of registrable activities aimed at getting rid of loopholes, to the extent attainable, even though also making certain that there is no undue regulatory or administrative stress, that privateness and Charter legal rights proceed to be highly regarded, and that authentic passions and activities are not impeded. This could most likely involve communications action aimed at the community in instances where by that exercise is undertaken on behalf of a overseas principal for the goal of influencing governing administration or general public opinion.

  3. Exemptions: The Registry could deliver sure exemptions to registration, this kind of as “legal tips and illustration (which could utilize the place a person or entity is undertaking a registrable action on behalf of a foreign principal, but the action is primarily relevant to, or incidental to, providing legal suggestions in judicial processes), diplomatic and consular things to do undertaken by formally accredited officials, and situations in which an unique is engaging in registrable functions but is accomplishing so in their transparent ability as an employee or representative of a international govt.”

  4. Data Disclosure: Registration and routines would most most likely be community and could incorporate private aspects for the person or entity enterprise the actions, dates, the function of the activity, and the mother nature of the romance amongst the particular person/entity and the foreign principal.

  5. Compliance: The Session Paper indicates a series of scalable compliance mechanisms, like notices, administrative financial penalties and prison sanctions.

The higher than measures would broaden the recent authorized demands for registration and reporting of lobbying communications and activity below the Lobbying Act framework. For instance, requiring the registration of “arrangements,” explicit and implicit, as effectively as growing the list of registrable routines to communications specifically with Canadians (alternatively than solely with community place of work holders) are not presently captured.

If adopted, the Registry may considerably affect a broad variety of Canadian corporations, which include qualified expert services companies symbolizing foreign governments in Canada or companies with ties to international governments.