Bill to Counter Foreign Interference Adopted in Parliament Before Summer Break

The Peace Tower on Parliament Hill in Ottawa on Feb. 13, 2024. (The Canadian Press/Sean Kilpatrick)

The government bill to increase resilience against foreign interference sped through the Senate and was adopted before Parliament rose for summer.

Bill C-70, An Act respecting countering foreign interference, had been introduced on May 6 by Public Safety Minister Dominic LeBlanc. It cleared the last step in the Senate on June 19.

A key aspect of the bill is the establishment of a foreign influence registry, a measure that has long been called for by security experts and members of diasporas targeted by foreign states.

Officials have testified that once the legislation is passed, establishing the registry could take up to one year. The bill’s quick passage puts it on track to be in place before the planned October 2025 federal election.

The foreign registry will require individuals who have an arrangement to carry out tasks “under the direction of or in association with a foreign principal,” to notify the Foreign Influence Transparency Commissioner—a newly created role by the legislation.

Failure to abide is punishable by a fine of up to $5 million or imprisonment up to five years.

Bill C-70 also creates new criminal offences in relation to foreign interference and amends the Canadian Security Intelligence Act. The new legislation will allow the Canadian Security Intelligence Service (CSIS) to disclose information to any person or entity, under certain conditions, “for the purpose of building resiliency against threats to the security of Canada.”

This will make it easier for CSIS to reveal sensitive information to, for example, an MP who is being targeted by a foreign power or a private company facing espionage risks.

Senate Study

Bill C-70 was expedited through the House of Commons, passing on June 13. It was similarly expedited through the Senate, passing first reading on the same day it passed the House. It passed third reading on June 19, though one senator attempted to introduce a last-minute amendment which was voted down.

Independent Senator Yuen Pau Woo sought to remove any mention of the words “in association with” in the bill, saying it is too vague or is language used in the Criminal Code in relation to criminal organizations. The motion was defeated 54-17.

The words “in association with” appear in the definition of what constitutes an “arrangement” in relation to the foreign influence registry. They also appear in new foreign interference criminal offences related to intimidation, threats, or violence.

The clause states: “Every person commits an offence who, at the direction of, for the benefit of or in association with, a foreign entity or a terrorist group, induces or attempts to induce, by intimidation, threat or violence, any person to do anything or to cause anything to be done.”

Sen. Woo argued that the words “in association with” “may have some utility in the prosecution of individuals involved in criminal gangs, but it is not helpful for the purposes of FITAA [Foreign Influence Transparency and Accountability Act]. On the contrary, the use of that criterion will force the commissioner to look for a foreign influence analogue to organized crime.”

Sen. Marc Gold, the government’s leader in the Senate, disagreed about the provisions being overly broad, saying they apply to a person engaged in malign activity.

“On their face, these provisions do not criminalize mere association with a foreign entity,” he said. “Rather, they target people who are up to no good, using threats, violence, intimidation and deceit. Someone engaged in this kind of activity should be subject to prosecution.”

Sen. Woo also raised concerns about the bill for “Chinese Canadians who want to build good ties with their motherland and who want to participate in charitable activities in Canada for the benefit of Canadians.” He said those Chinese Canadians would be in regular contact with Chinese officials and “may also be members of associations that are deemed to be United Front Work Department organizations.”

The United Front is the foremost organization of the Chinese Communist Party to conduct foreign interference.

“What advice would you give to Chinese Canadians who seek to do these good things for their fellow Canadians?” asked Sen. Woo.

“Obviously, the first comment I would have is that I know many Canadians of Chinese descent who consider Canada the motherland, not China, and their loyalty is to Canada, not to China,” replied Sen. Percy Downe, from the Canadian Senators Group. “That’s what we expect from all our citizens.”

‘First Step’

Conservatives, who have been opposed to many government bills, signalled early on they supported Bill C-70 and would make efforts to speed up its adoption.

Conservative MP Michael Chong, his party’s foreign affairs critic, called the passage of Bill C-70 a “first step” in a post on social media June 19. Mr. Chong was targeted by Beijing for opposing the Chinese regime, according to CSIS.

Former Tory MP Kenny Chiu, who lost his riding in 2021 amid a disinformation campaign, also called it a first step. CSIS says the disinformation was likely “orchestrated or directed” by Beijing.

“Thank you MPs & Senators for expediting this lowest hanging fruit in protecting our national security!” he said on social media following the vote.

In introducing the bill on May 6, Mr. LeBlanc said it would “modernize our toolbox to protect our citizens and democracy while upholding Canadian values and principles.”

The passage of Bill C-70 comes amid a foreign interference storm which started with the publication of intelligence leaks in the media in late 2022. The leaks have depicted widespread interference by Beijing.

Since then, the Liberal government appointed a special rapporteur on foreign interference who resigned last June shortly after issuing a first report.

Over last summer, all major parties negotiated the terms of reference and the appointment of a commissioner for holding a public inquiry into foreign interference.

Commissioner Marie-Josée Hogue released an interim report on May 3 which found that foreign interference did take place in the last two election, tainting the democratic process. She concluded that the overall results were not impacted, but that foreign interference may have played a role in some ridings.

Justice Hogue has now indicated she will look into the issue of parliamentarians colluding with foreign states, following the release of the public report from the National Security and Intelligence Committee of Parliamentarians (NSICOP).

The report says some MPs “began wittingly assisting foreign state actors soon after their election.”