As our world becomes increasingly globalized, digitalized, and technologically advanced, new avenues are emerging for foreign actors to covertly insert themselves into Canada’s political and economic ecosystem. Canada, and other like-minded countries, are responding by taking measures to bolster their defenses against the threat posed to their sovereignty and prosperity from foreign interference.
This article defines foreign interference and illustrates the threat it represents to Canada’s national security. We also briefly examine Canada’s current approach and proposed initiatives to safeguard against it.
The federal government’s consultation paper, Enhancing Foreign Influence Transparency: Exploring Measures to Strengthen Canada’s Approach, defines “foreign interference” as “[a]ctivities perpetrated by a foreign state, or proxy, that are harmful to Canada’s interests and are clandestine or deceptive, or involve a threat to any person. This can include, for example, harassment and intimidation of Canadian communities to instill fear, silence dissent, and pressure political opponents.” A subset of foreign interference, “malign foreign influence,” refers to covert or non-transparent undertakings carried out “by, at the direction of, on behalf of, or with the substantial support of a foreign principal with the objective of exerting influence and affecting outcomes.” Foreign interference differs from legitimate and transparent advocacy efforts by a foreign country to advance its national interests.
Below, we outline some of the many forms of foreign interference.
Certain segments of the Canadian population are particularly vulnerable to foreign interference. For example, people from diaspora communities who have close ties with family in their country of origin might be leveraged into cooperation by threats to that family by the country of origin’s government or its proxies. Moreover, people working in Canada’s democratic institutions, academia, media, and critical infrastructure sectors are targets of particular interest because they are uniquely positioned to advance the aims of malign foreign actors.
Foreign interference has taken on greater prominence in Canada in the last few years. For example, the 2021 Public Report published by the Canadian Security Intelligence Service (CSIS) noted that foreign interference is one of Canada’s key national security threats.
Following several years of consultations focused on the threat of foreign interference in Canada, in May 2024, the federal government introduced comprehensive legislation focused on protecting Canada’s democratic processes. Bill C-70, An Act respecting countering foreign interference, proposes to update existing laws and create new legislation to better equip the federal government to protect Canadians against the threat of foreign interference. The Bill proposes to:
Several of these proposed legislative changes, particularly the new Foreign Influence Transparency and Accountability Act, will impact foreign companies operating in Canada as well as any Canadian companies and organizations either working with foreign principals or working in the “essential infrastructure” sector.
In addition to the new measures found under Bill C-70, other existing Canadian legislative or regulatory frameworks aimed at fighting political interference include the following:
However, recognizing that the current legislative framework is insufficient to address the growing threat of foreign interference in Canada, the federal government has undertaken a number of policy initiatives to further combat foreign interference.
In 2023, the Bank Act and other similar legislative frameworks governing federal financial institutions were amended to require such institutions to establish and adhere to policies and procedures to protect themselves against threats to integrity or security, including foreign interference. Concurrently, the mandate the Office of the Superintendent of Financial Institutions was expanded to ensure that federal financial institutions comply with this new requirement. These amendments also granted the Minister of Finance the power to direct the Superintendent of Financial Institutions to take control of a federally regulated financial institution for any national security reason.
Although the Initial Report of the Public Inquiry into Foreign Interference in Federal Electoral Processes and Democratic Institutions released on May 3 found that the acts of foreign interference that occurred during the last two federal general elections did not undermine the integrity of our electoral system, the Commissioner did note that such acts did leave a “stain on our electoral process”. The Commission continues with its review and is likely to generate additional policy recommendations to further prevent political interference in the electoral process.
In subsequent editions of this series, we will more closely examine the outcomes of the above-noted consultations and proposed legislative amendments.
Countering foreign interference is complex. It will require, among other things, more education for the Canadian public and political actors, and further resources for law enforcement and intelligence agencies. It also demands a coordinated response between the private and public sectors in Canada and internationally.
We will likely see enhanced due diligence obligations for organizations, expanded powers for regulators to combat national security and foreign interference issues, and enhanced registration and reporting requirements for foreign parties.
Learn more about recent legislative and regulatory efforts to combat foreign interference within the Canadian financial sector.
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