By Terrance S. Carter and Cameron A. Axford

Background and Policy Rationale

The federal government has released proposed Foreign Influence Transparency and Accountability Regulations (the “Regulations”), intended to operationalize the Foreign Influence Transparency and Accountability Act (FITAA), explained in Charity & NFP Law Bulletin No. 527. Together, the Act and Regulations would establish a public registry of certain foreign influence activities in Canada, overseen by a new independent Foreign Influence Transparency Commissioner (the “Commissioner”). The stated objective is to strengthen national security and protect democratic institutions by increasing transparency around attempts by foreign principals to influence Canadian political and governmental processes. While the regime is framed primarily as a response to covert or non-transparent foreign interference, its scope may extend to a wide range of individuals and organizations, including charities and not-for-profits that engage internationally, undertake policy advocacy, or collaborate with foreign partners. The proposed Regulations are currently subject to public consultation, with submissions due by February 2, 2026, providing an opportunity for sector stakeholders to assess and comment on their potential impacts.

While diplomacy and international engagement are legitimate and often beneficial, the government has expressed concern that undisclosed or covert foreign influence can undermine public confidence, distort decision-making, and compromise Canada’s sovereignty.

Scope of the Registration Requirement

Central to the proposed regime is a mandatory registration requirement. Individuals and entities would be required to register with the Foreign Influence Transparency Commissioner if they enter an “arrangement” with a foreign principal for the purpose of influencing Canadian political or governmental processes. Although the Regulations do not prohibit such arrangements, they make transparency the central compliance obligation. Registration would be required regardless of whether the influence activity is conducted directly, indirectly, or through intermediaries, provided the statutory thresholds are met.

Information Disclosure Obligations

The Regulations set out detailed information disclosure requirements for registrants. This includes identifying information for individuals (such as names, addresses, and citizenship) and for entities (including legal name, address, and incorporation details). Registrants must also disclose information about the foreign principal, including their name, address, website, and the basis on which they qualify as a foreign principal under the Act. In addition, registrants must provide specifics about the arrangement itself, including start and end dates, any compensation or benefits received, and the stated purpose of the influence activity.

Registrants must further report on the nature of the influence activities undertaken. This may include communications with public office holders, dissemination of information through media or digital platforms, or the provision of money, goods, or services intended to influence decision-making.

Ongoing Reporting and Update Requirements

Ongoing update obligations are another key feature of the proposed framework. Registrants would be required to update their information within 15 days of any material change. Even in the absence of changes, registrants must confirm every five consecutive months that the information on file remains accurate. These continuing obligations underscore that registration is not a one-time event, but an ongoing compliance responsibility.

Public Registry and Information Sharing

The Regulations also establish the framework for a public registry, which would be maintained by the Commissioner and made accessible to the public. Information would be retained for 20 years after an arrangement ends. The Regulations contemplate limited exemptions from public disclosure where there are reasonable grounds to believe that publication could threaten personal safety or where information is suspected to be false or misleading. The Commissioner would also be empowered to receive information from other government bodies, including the Canadian Armed Forces and institutions subject to the Privacy Act, and to share information as necessary to carry out their mandate or support security-related investigations.

Compliance and Enforcement Framework

The Regulations also establish a compliance and enforcement framework, including an Administrative Monetary Penalty (AMP) regime overseen by the Commissioner. Penalties may range from modest amounts to as much as $1,000,000, depending on factors such as compliance history, the seriousness of the violation, whether it was intentional, and the person’s ability to pay. The Commissioner would also have the discretion to enter into compliance agreements, potentially reducing or eliminating penalties where corrective conditions are met. In cases of serious or egregious non-compliance, criminal penalties –including fines of up to $5,000,000 or imprisonment for up to five years – may apply.

Implementation Timeline

The Regulations are intended to come into force concurrently with FITAA. An interim registration process using Government of Canada online forms would be implemented initially, with a fully integrated IT system expected to be operational by the end of 2026.

Implications for Charities and Not-for-Profits

For charities and not-for-profits, particularly those engaged in international collaboration, policy advocacy, or public communications touching on governmental processes, the proposed regime raises important questions about scope, administrative burden, and reputational impact. While transparency is a legitimate policy objective, sector stakeholders may wish to consider whether the definitions and reporting requirements appropriately distinguish between benign international engagement and activities that genuinely pose a risk of foreign interference.

Consultation

The ongoing consultation period – open until February 2 – provides a critical opportunity for charities and not-for-profits to assess how the Regulations may apply in practice and to provide informed feedback before the framework is finalized.

​Read the January 2026 Charity & NFP Law Update