Foreign Influence Registry Is ‘Close’ to Implementation: Assistant Deputy Minister

Sébastien Aubertin-Giguère appears as a witness at the Foreign Interference Commission in Ottawa, on Oct. 8, 2024. The Canadian Press/Spencer Colby

A senior public safety official told MPs the foreign influence registry will be implemented soon, two years after legislation to address foreign interference in Canada became law.

Assistant Deputy Minister of Public Safety Sébastien Aubertin-Giguère testified before the House of Commons procedure and house affairs committee on June 16 to provide MPs with an update on the implementation of the foreign influence transparency registry.

Bill C-70, also known as An Act respecting countering foreign interference, became law in 2024 and allowed for the creation of a registry to track individuals in Canada acting on behalf of foreign states, as well as the appointment of a commissioner to manage the registry and enforce the act.

The government announced it would appoint former B.C. chief electoral officer Anton Boegman as foreign influence commissioner in March, but his appointment has not been finalized and the registry has yet to become operational.

Aubertin-Giguère told MPs the implementation of the registry is “close to the finish line,” but said he is not in a position to provide specific timelines.

He said the final steps for establishing the foreign influence transparency regime include publishing the final regulations for the registry in the Canada Gazette Part II, an order in council to bring the Foreign Influence Transparency and Accountability Act into force, and an order in council to appoint the commissioner.

Boegman and Public Safety Minister Gary Anandasangaree were also invited to appear before the committee but were not available, MPs on the committee said.

Conservative MP Michael Cooper, who serves as his party’s democratic reform critic, pressed Aubertin-Giguère for an estimate on when the registry will be up and running.

“The only thing I can say is that we’re very, very close to the finish line,” Aubertin-Giguère said.

Cooper noted that the federal government first said the registry would be operational last June, then pushed the deadline to last December. Most recently, Anandasangaree said the registry should be up and running this spring.

“Now it’s almost summer, and we still don’t have a registry in place, and there has been no timeline, no transparency from the minister as to when that is going to happen,” Cooper said. “How often are you in contact with the Minister of Public Safety regarding setting up the registry?”

Aubertin-Giguère said his team briefs the minister’s office on a weekly basis, but “can’t remember” the last time he spoke to the minister directly about the registry.

Aubertin-Giguère is also Canada’s National Counter Foreign Interference Coordinator, whose role is to provide policy and operational coordination on efforts to counter foreign interference.

Ottawa has said the foreign influence registry is needed because countries engaging in foreign interference to advance political goals might employ people to act on their behalf without disclosing those ties. Bill C-70 was passed amid heightened public awareness of China’s meddling in Canada’s affairs via intelligence leaks in the media.

Regulations

The government proposed regulations for the registry in January, including what information individuals and organizations would be required to provide to the registry when entering into arrangements with foreign entities to influence political or government activities in Canada.

The proposed regulations also set out how the commissioner would administer the registration scheme, including through notices, monetary fines, and criminal penalties in the most serious cases. The proposed monetary penalties ranged from $50 to $1 million for violations of rules under the registry.

Such violations could include failing to provide information within 14 days of entering into an agreement with a foreign entity, or knowingly providing false or misleading information to the commissioner.

Aubertin-Giguère told MPs the government received 154 individual comments on the proposed regulations during its consultation period, which ended in early February. He said the feedback is informing the government’s revisions to the regulations.

A repeated concern was that the proposed monetary penalties were too low, he said, noting that even the upper limit of $1 million was deemed to not be a strong enough deterrent for wealthy entities.

The government is reviewing the regulations, developing IT infrastructure, finalizing communications materials, and engaging stakeholders to raise public awareness of the upcoming registry and regulation obligations, Aubertin-Giguère said.

Human Rights Groups

A coalition of 33 human rights organizations recently called on Ottawa to “fully implement” the foreign influence transparency registry and finalize the appointment of its commissioner, arguing that two years after Bill C-70s passage, key elements of the regime remain incomplete.

The organizations made the request in a letter to Prime Minister Mark Carney on behalf of the Canadian Coalition for a Foreign Influence Transparency Registry and the Human Rights Action Group.

The groups recommended that the government finalizes and publishes the transparency regime’s regulations as soon as possible, and make efforts to build and maintain “institutional knowledge” on foreign interference and transnational repression, including through stronger engagement with affected communities.

The groups also urged the prime minister to ensure both the commissioner and the Office of the National Counter Foreign Interference Coordinator are “adequately resourced” to fulfill their mandates, and to avoid further delays in finalizing Boegman’s appointment.

Gloria Fung, co-convenor of the Canadian Coalition for a Foreign Influence Transparency Registry, said there are “signs of resurgence of foreign interference from identified active players in Canada” and the government needs to take “immediate steps” to implement the registry and finalize the commissioner’s appointment.

Conservative MPs have also voiced concerns that Canada risks being viewed as a “playground for foreign interference” by delaying the registry’s implementation.