Consultation Period Opens On The First Regulations Proposed Under The Foreign Influence Transparency And Accountability Act

On January 3, 2026, the Department of Public Safety and Emergency Preparedness published the first draft of the Foreign Influence Transparency and Accountability Regulations ("FITAR") for consultation. The draft regulations provide the first indication how the federal government intends to operationalize the Foreign Influence Transparency and Accountability Act ("FITAA") regime, which came into force in June 2024.¹

The draft regulations introduce broad and detailed disclosure obligations, require the submission of sensitive personal and financial information, and establish significant administrative monetary penalties for non-compliance. The consultation period is open until February 2, 2026.²

FITAA establishes a transparency regime for foreign influence activities by requiring individuals or entities to register when acting under the direction of, or in association with, a foreign principal for the purpose of influencing Canadian political or governmental processes. For foundational background on FITAA, see McMillan's earlier bulletin.³

Activities Triggering Disclosure

Under FITAA, any person or entity with an arrangement involving a foreign principal must report detailed information to the Commissioner where the arrangement relates to:

• Communications with public office holders
• Dissemination of information through radio, print, digital platforms, or social media
• Provision of a benefit, including money, items of value, or services

Key Elements of the Proposed Regulations

1. Information Required from Registrants

Registrants must disclose:

• Identifying information about the registrant and the foreign principal
• Details of each arrangement, including:
  • Purpose of the arrangement
  • The influence activities to be undertaken
  • Duration and terms of the relationship

In addition, registrants must provide highly personal and financial information, such as:

• Dates of birth
• Citizenship information
• Details of financial arrangements between the registrant and the foreign principal

Although this sensitive information must be submitted to the Commissioner, it will not appear in the public registry.

The Commissioner must retain the submitted information for 20 years after the termination of an arrangement.

2. Timing of Reporting Requirements

The regulations impose ongoing reporting requirements similar to those found in lobbying legislation:

• Updates must be provided within 15 days after the end of the month in which a change occurs
• If no changes occur, registrants must confirm this every five months

3. Administrative Monetary Penalties ("AMPs")

The draft regulations propose significant penalties for contraventions of FITAA, ranging from $50 to $1,000,000.

In determining penalty amounts, the Commissioner must consider:

• History of compliance
• Impact of the violation
• Whether the violation was intentional
• The person's capacity to pay
• Degree of cooperation following a notice of violation

These AMPs apply equally to individuals and entities.

The Commissioner may enter into compliance agreements, which can reduce or cancel penalties where the violating party meets specified conditions.

4. Notable Absences

The draft regulations do not introduce new exemptions to FITAA (which the government is permitted to do by regulation). In particular, there is no exemption for lawyers providing legal advice or making representations on behalf of a foreign‑principal client. This is a significant departure from many lobbying regimes and will require careful compliance planning by legal service providers.

What This Means for Businesses and Individuals

The scope of the proposed disclosure requirements is broader and more intrusive than those under the federal Lobbying Act and most provincial lobbying frameworks. The penalties for non‑compliance are also substantially higher.

Given these risks, potential registrants should take early steps to prepare for the new regime.

What's Next?

Entities that may be captured by FITAA should consider:

• Reviewing current and recent arrangements with foreign principals
• Identifying employees or business units engaging with public officials, media, or interest groups on behalf of foreign clients
• Assessing reporting obligations and preparing internal workflows for disclosure
• Evaluating the sensitivity and volume of information that will need to be provided
• Preparing a submission to the government during the consultation period

McMillan's affiliated public affairs firm, McMillan Vantage, is available to support clients preparing submissions to the Government of Canada.

Looking ahead, organizations should begin developing a compliance framework for initial disclosures and ongoing reporting. Given the breadth of required information and the severity of potential penalties, early preparation will be essential.

For assistance assessing whether your activities fall within the scope of FITAA, preparing a submission during the consultation period, or establishing a compliance approach, please contact the author.

Footnotes

1 Bill C-70, the Countering Foreign Interference Act, received royal assent on June 20, 2024 and enacted the FITAA.

2 Foreign Influence Transparency and Accountability Regulations, Canada Gazette Part I, Vol 160, No 1 (3 January 2026).

3 McMillan, "Far from being FARA – Canada's Proposed Foreign Influence Transparency Registry Law Leaves the Details for Another Day" (2024).

The foregoing provides only an overview and does not constitute legal advice. Readers are cautioned against making any decisions based on this material alone. Rather, specific legal advice should be obtained.

© McMillan LLP 2025