Canada's Foreign Agent Registry: What You Need To Do Before Enforcement Starts

Canada’s new foreign influence transparency regime, commonly referred to as the “foreign agent registry,” is not yet in force, but the window to prepare for compliance is narrowing.

The federal government has recently completed a round of public consultations on its proposed Regulations, which will largely shape how the legislation is interpreted.

It is only a matter of time before Regulations are published and an independent Commissioner is appointed.

Against this backdrop, preparing for compliance requires a clear understanding of your business relationships with foreign entities and up-to-date record-keeping.

Recap: What is the Foreign Influence Transparency and Accountability Act (FITAA)?

In June 2024, Parliament passed the Foreign Influence Transparency and Accountability Act (FITAA) as part of the Countering Foreign Interference Act (Bill C-70). FITAA creates a foreign agent registry, which is a public database requiring individuals and entities in particular arrangements with foreign governments or foreign entities to register and disclose activities related to Canadian political or governmental processes.

Once a Commissioner is appointed and the Regulations take effect, reporting requirements will likely be triggered quickly, and depending on the arrangement captured by the legislation, registration may be required within a matter of weeks after the legislation comes into force.

Who must register?

The legislation contains three elements, all of which are required, for registration:

1. an arrangement;
2. under which a person undertakes to carry out (at the direction of or in association with) a foreign principal; and
3. activities that constitute political or governmental processes, including, but not limited to, a legislative proposal, the amendment of policies or programs, the making of a decision by a public office holder, including a government contract, etc.

If you have an “arrangement” with a "foreign principal"—a foreign state, power, entity, or economic entity (such as a state-owned business, a business that is controlled in law or fact by a foreign state, or substantially owned by a foreign state)—and undertake activities related to Canadian political or governmental processes, you may need to register.

Notably, the legislation applies to arrangements in relation to political or governmental processes involving all levels of government, including federal, provincial, territorial, municipal, and Indigenous governments. For example, if you have secured an arrangement with a foreign economic entity that is owed by a state to pursue legislative reforms in a province on behalf of the entity in question, the registration requirement may be triggered.

Under FITAA, "persons" who must register include individuals, corporations, trusts, joint ventures, partnerships, funds, unincorporated associations or organizations, and other legal entities. Examples include:

• PR or consulting firm: Hired by a foreign government to advocate for trade policy changes with Canadian federal ministers
• Communications agency: Retained by a foreign state-owned enterprise to run social media campaigns supporting specific legislation or the awarding of contracts
• Non-profit organization: Funded by a foreign entity to host events for provincial politicians advocating for policy positions
• Individual consultant: Engaged by a foreign government to distribute funding to Canadian community organizations to influence elections

The terms “public office holder” and “communication” have not yet been defined. There will most certainly be overlap with the definitions in the Lobbying Act, as is already foretold by the legislation, but this remains to be seen in the absence of Regulations that are in force. “Communications” and “public office holder” will be the two most important definitions in the Regulations.

Critically, the legislation contemplates registration for “the making of a decision by a public office holder or government body, including the awarding of a contract.” This language is broad, and will potentially capture a broad swath of decisions contemplated by public office holders. This could be as simple as deciding whether to invite a stakeholder to an event focused on policy-making hosted by a federal or provincial department, where that stakeholder constitutes a foreign entity within the meaning of the legislation.

Exemptions

FITAA currently provides narrow exemptions, including:

• Arrangements where the Government of Canada is a party;
• Foreign nationals with a valid diplomatic, consular, official, or special representative acceptance from Global Affairs Canada;
• Employees of foreign principals acting openly in their official capacity (e.g. Ministers of the Crown from foreign countries); and
• Classes of persons or arrangements specified in future Regulations.

If you think you might qualify for an exemption, you should document your reasoning and the factual basis for it. When in doubt, seek legal advice early.

Public stakeholders are eager to learn which further “classes” of persons or “arrangements” will be exempted from the Regulations. Notably, the regulation of exemption-making powers will provide flexibility to adjust the list depending on the breadth of individuals and organizations the initial set of Regulations may capture.

Critically, it remains to be seen whether law firms and/or lawyers will be exempted classes of arrangements having regard for the strictures of solicitor-client privilege.

Registration requirements and timeline

For new arrangements, registration is required within 14 days of entering into the arrangement. This is legislated, meaning it is not subject to the Regulations.

For arrangements already in place when the Regulations take effect, the deadline is 60 days thereafter. This requires a quick turnaround time in terms of determining whether you as an individual or your organization must register.

Upon registration, it is anticipated that you or your organization will be asked to provide:

• Your identity and contact details;
• Details about the foreign principal (name, address, and basis for meeting the definition);
• Description of the arrangement, including dates, compensation, and the political or governmental process involved; and
• The influence activities you will undertake.

Hence why documentation is key.

The legislation further calls for registrants to provide updates within 15 days after any month when their information changes, and to confirm the accuracy of that information every five months. The Foreign Influence Transparency Commissioner (“Commissioner”) will retain information for 20 years after the arrangement ends.

The Commissioner: Appointment process and enforcement timeline

FITAA mandates a multi-stage consultation process for the appointment of the Commissioner, namely:

1. Consultation with Senate and House of Commons leadership across all recognized parties
2. Appointment by the Governor in Council
3. Approval by resolution of both chambers of Parliament

According to a Certificate of Nomination from the Procedure and House Affairs Committee of the House of Commons, which was presented to the House of Commons on March 11, 2026, the proposed nominee is former British Columbia Chief Electoral Officer Anton Boegman.

Once appointed, the Commissioner serves a term of up to seven years. No enforcement of the FITAA can occur until the Commissioner assumes office.

The moment the Commissioner assumes office and the Regulations come into force, the 14-day and 60-day deadlines begin.

Preparing for compliance

Registrants will be required to submit information through an online portal, as set out below:

• For individuals: Full name, date and place of birth, addresses, telephone numbers, email, citizenship, employer, and occupation 
• For entities: Legal and operational names, addresses, contact person details, incorporation information (for corporations), registration number (for charities), website, and mandate 
• About the foreign principal: Name, address, website, basis for meeting the definition, and representatives' contact information 
• About the arrangement: Start and end dates, compensation or benefits provided, the political or governmental process involved, types of influence activities, and the foreign principal's stated objective 
• For communication with public officeholders: Names, titles, jurisdiction, means of communication, dates, and estimated number of communications 
• For dissemination of information: Means used (social media, TV, radio, publications, etc.), platform names, usernames, dates, and frequency 
• For provision of benefits: Amounts, dates, number of recipients, and values of money/items/services distributed 

Consequences of non-compliance

Once the regime is in force, the Commissioner will have broad investigative powers, including the ability to summon witnesses, compel testimony, and require document production.

Violations of registration requirements (and the positive duty to update one’s information thereafter) carry administrative and quasi-criminal consequences, including administrative monetary penalties (AMPs) and related sentences.

As it stands, possible AMPs range from $50 to $1,000,000.

Quasi-criminal sentencing ranges on charges proceeding by indictment include fines up to $5 million, periods of imprisonment for up to five years, or both. On summary conviction, penalties include fines up to $200,000, imprisonment for up to two years less a day, or both.

Key violations include failure to register or update information, knowingly providing false information, and obstructing the Commissioner.

The Commissioner will publish violations, names, and penalties, which creates additional reputational risk.

A diligence defence is available for all offences except for providing false information. Contemporaneous documentation would be essential in advancing any such defence.

Recommended next steps for organizational compliance

Organizations should consider the following steps in preparing for the FITAA coming into force:

• Audit current relationships to identify arrangements with foreign principals that may trigger registration.
• Implement a record-keeping system to capture all relevant communications, transactions, and activities.
• Review existing contracts with foreign entities to assess obligations.
• Designate a compliance lead to monitor developments and coordinate preparation.
• Develop an internal compliance policy to ensure that your organization understands what compliance entails.
• Consult with legal counsel if you are uncertain whether your activities require registration.

Looking ahead

The introduction of a foreign agent registry marks a major shift in how Canada regulates, studies, and understands foreign influence. Organizations and individuals that implement compliance controls ahead of time will be far better positioned than those trying to catch up once enforcement begins.

Read the original article on GowlingWLG.com