The Canadian federal government has announced August 4, 2026, as the coming-into-force date for the Foreign Influence Transparency and Accountability Act (Act) and released the related regulatory framework by publishing the Foreign Influence Transparency and Accountability Regulations (Regulations). Organizations and individuals engaged in arrangements with foreign principals must prepare for the new registration and transparency requirements as the core provisions take effect this summer.
The Act forms part of a larger effort in Bill C-70, the Countering Foreign Interference Act, designed to curb foreign interference and increase the transparency of foreign influence in Canada’s political and governmental processes.
The Act provides for the creation of a public Foreign Influence Transparency Registry (Registry) overseen by a new Foreign Influence Transparency Commissioner (Commissioner). Anton Boegman, former chief electoral officer of British Columbia, will start as Commissioner on August 4, when the Act comes into force.
The Act provides that any person who enters into an “arrangement” with a “foreign principal” must, within 14 days after the day on which they enter into the arrangement, provide the Commissioner with the information specified in the Regulations.
Arrangements With Foreign Principals Subject to the Act
As we previously explained in our May 2024 bulletin, the Act requires registration of a wide range of legitimate commercial activities on behalf of foreign public-sector entities. Although the Regulations introduce exempt arrangements, they do not narrow the scope of foreign principals that trigger disclosure obligations under the Act.
A “foreign principal” means a foreign economic entity, a foreign entity, a foreign power or a foreign state, as defined in the Foreign Interference and Security of Information Act. This definition would clearly include a foreign state, a group of foreign states (even, for example, a treaty organization of which Canada is a member, such as NATO), or an entity that is controlled (in law or in fact) or owned by a foreign state or group of foreign states. The definition also encompasses any person acting at the direction of, for the benefit of, or in association with the foregoing, meaning, foreign state-owned media, financial institutions, energy companies, government agencies, sovereign wealth funds, investment vehicles, infrastructure authorities, pension funds and more could all fall into this definition. Notably, all such organizations’ agents are also within the scope of the Act.
An “arrangement” is equally broad and encompasses any situation under which a person undertakes to carry out, under the direction of or in association with a foreign principal, communications with a public office holder; communicating or disseminating or causing to be communicated or disseminated by any means, including social media, information that is related to a political or governmental process; or distributing money or items of value or providing a service or the use of a facility.
Section 3 of the Regulations sets out arrangements that are exempt from disclosure requirements on the Registry. Arrangements where any party is the following prescribed entity do not have to be reported to the Commissioner, including, among others, the houses of Parliament, offices and committees of Parliament, Crown corporations, provincial and territorial legislatures and their public administration, and municipalities.
The government has not proclaimed certain sections of the Act concerning arrangements with Indigenous governments and entities in force on August 4, 2026. Arrangements with foreign principals concerning these entities will be subject to disclosure on the Registry at a later date.
The Registry and the Commissioner
The Regulations specify what information must be disclosed to the Commissioner and displayed on the public Registry. Any arrangement with a foreign principal that is not exempt from disclosure must be submitted to the Registry within 14 days. All such arrangements will require disclosure of identifying information of the individual or entity who entered into the arrangement, the foreign principal and the arrangement. Additionally, changes to information already disclosed must be registered no later than 14 days after the change occurred.
The Regulations specify different disclosure requirements regarding the type of influence activity undertaken, based on the definition of “arrangement” in the Act:
- Communication with a public office holder requires disclosure of the public office holder’s name, title and jurisdiction.
- Communication or dissemination by any means related to a political or governmental process requires disclosure of the means of dissemination (i.e., social media, television, radio, emails, text messages, virtual or in-person events and meetings) and the public office holders targeted by the activity. In the case of social media content or advertising, such disclosure must include the social media platforms involved, the usernames or identifiers associated with the accounts and applicable forums, communities or channels.
- Distributing money or items of value requires disclosure of the value of the benefit, money or use of the facility, the purpose the facility was used for, and the public office holders targeted by the activity.
The Commissioner will have broad powers to compel information and conduct investigations to ensure compliance with the disclosure requirements under the Act, and to determine whether false or misleading information has been provided.
Penalties for non-compliance are significant. The Regulations provide the Commissioner with the power to impose administrative monetary penalties ranging from C$50 to C$1-million. There is also potential criminal liability for failing to comply with the registration regime or obstructing or misleading the Commissioner, which includes fines of up to C$5-million (indictment) or C$200,000 (summary conviction) and imprisonment of up to five years.
Next Steps
Given the broad scope of arrangements impacted by this regime, Canadian businesses and organizations engaging with Canadian government officials or disseminating information (including by social media or any other means) on behalf of foreign clients with a relationship with a foreign government face a high risk of requiring registration under the Act. In particular, Canadian businesses should consider their dealings with the Canadian government on behalf of foreign governments or foreign state-owned enterprises, such as media, financial institutions, energy companies, government agencies, sovereign wealth funds, investment vehicles, infrastructure authorities and pension funds as likely registrable.
The transitional provisions of the Act provide that existing arrangements with foreign principals entered into before August 4, 2026, must be registered 60 days after the Act comes into force. Arrangements entered into after Augusts 4, 2026, must be registered within 14 days. Organizations will have a window to review the detailed regulatory requirements, identify covered activities and ensure internal compliance programs are ready.
If you have any questions, please reach out to the authors or another member of our Public Sector Crisis & Compliance group.
