STATEMENT BY MP JENNY KWAN: Implementation of Canada's Foreign Interference Law Misses the Mark
Canada has faced an unprecedented and growing threat from foreign interference. The Hogue Commission has identified China and India as the most aggressive and sophisticated foreign interference actors targeting Canada’s democratic institutions. Instead of responding with urgency, the Carney government is dragging their feet.
The passage of the Foreign Influence Transparency and Accountability Act (the “Act”) was expedited with the cooperation across all parties lines in 2024, yet to date, there is still no Foreign Influence Transparency Commissioner or functioning oversight body to implement the legislation.
Canadians are asked to trust a system that does not yet exist. Political party leaders still have not been properly consulted with the appointment of the Foreign Influence Transparency Commissioner as required by law. The Liberal government knows very well that without the appointment, there is no one to administer and enforce the law. This continuing delay undermines the Hogue Commission’s findings and further puts Canadian democracy at risk.
Equally troubling is the fact that the government’s proposed regulations do not fully comply with the intention of the Act itself. Parliament was explicit: the Act was meant to apply not only to federal officials, but also to office holders from other orders of government including provincial and municipal governments. Yet the regulations are silent on this point. The Liberals now says other orders of government will “eventually” be included with no timeline.
In addition, the regulation does not provide clarity on what would constitute an “arrangement”. This ambiguity creates a chilling effect for legitimate civic engagement while simultaneously giving bad actors room to operate in the shadows. Canadians are left guessing whether legitimate civic engagement will be penalized — while sophisticated actors are likely to exploit this ambiguity. This vagueness becomes especially dangerous when it comes to proxy activity.
The regulations also fail to require individuals to disclose their associations or affiliations with the corporation or organization. In a modern influence environment — where foreign states operate through intermediaries and informal networks, assuming that influence is always direct is willful blindness and does not show a basic standard of situational awareness.
Furthermore, the Carney government has failed to put in place registration requirements for individuals linked to foreign-funded institutions or media outlets even though this was a concern identified by witnesses during the Houge Commission. Without proper disclosure, Canadians are left in the dark which only serves to undermine confidence and accountability in the system.
The Carney administration has chosen to enact a weak, partial framework — without a Commissioner, without clarity, and without full coverage. Fines as low as $50. These political decisions send a dangerous message that tackling foreign interference is not taken seriously and not a priority for the Federal government.
Foreign interference is a real and ongoing threat to Canada particularly at a time when Canada is opening up trade relationships internationally. It is not acceptable that Canada’s current legislative response is too weak, too vague, and too slow to meet the moment and act as a legitimate deterrent.
If Canada is serious about protecting its democracy, it must act now: appoint the Commissioner immediately, address proxy interference head-on and bring the regulations into full alignment with the Act. Democracy cannot be protected with half-measures. Foreign interference is real. Canadians deserve action and transparency immediately.
