Bill C-70

Countering Foreign Interference Act

An Act respecting countering foreign interference

Part 1 amends the Canadian Security Intelligence Act to, among other things,
(a) update provisions respecting the collection, retention, querying and exploitation of datatsets;
(b) clarify the scope of section 16 of that Act;
(c) update provisions respecting the disclosure of information by the Canadian Security Intelligence Service;
(d) provide for preservation orders and production orders as well as warrants to obtain information, records, documents or things through a single attempt;
(e) expand the circumstances in which a warrant to remove a thing from the place where it was installed may be issued; and
(f) require a parliamentary review of that Act every five years.
It also makes a consequential amendment to the Intelligence Commissioner Act .
Part 2 amends the Security of Information Act to, among other things, create the following offences:
(a) committing an indictable offence at the direction of, for the benefit of, or in association with a foreign entity;
(b) knowingly engaging in surreptitious or deceptive conduct at the direction of, for the benefit of or in association with a foreign entity for a purpose prejudicial to the safety or interests of the State or being reckless as to whether the conduct is likely to harm Canadian interests; and
(c) engaging in surreptitious or deceptive conduct, at the direction of or in association with a foreign entity, with the intent to influence, among other things, the exercise of a democratic right in Canada.
It also amends that Act to remove as an element of the offence of inducing or attempting to induce — at the direction of, for the benefit of or in association with a foreign entity or terrorist group — by intimidation, threat or violence, a person to do anything or cause anything to be done, that the thing be done for the purpose of harming Canadian interests when the person who is alleged to have committed the offence or the victim has a link to Canada.
It also amends the Criminal Code to, among other things, broaden the scope of the sabotage offence to include certain acts done in relation to essential infrastructures and ensure that certain provisions respecting the interception of “private communications” as defined in that Act apply to certain offences in the Foreign Interference and Security of Information Act .
Finally, it makes consequential amendments to other Acts.
Part 3 amends the Canada Evidence Act and makes consequential amendments to other Acts to, among other things,
(a) create a general scheme to deal with information relating to international relations, national defence or national security in the course of proceedings that are in the Federal Court or the Federal Court of Appeal and that are in respect of any decision of a federal board, commission or other tribunal;
(b) permit the appointment of a special counsel for the purposes of protecting the interests of a non-governmental party to those proceedings in respect of such information; and
(c) allow a person charged with an offence to appeal a decision, made under the Canada Evidence Act with respect to the disclosure of certain information in relation to criminal proceedings, only after the person has been convicted of the offence, unless there are exceptional circumstances justifying an earlier appeal.
It also adds references to international relations, national defence and national security in a provision of the Criminal Code that relates to the protection of information, as well as references to international relations and national defence in certain provisions of the Immigration and Refugee Protection Act that equally relate to the protection of information.
Part 4 enacts the Foreign Influence Transparency and Accountability Act which, among other things,
(a) provides for the appointment of an individual to be known as the Foreign Influence Transparency Commissioner;
(b) requires certain persons to provide the Commissioner with certain information if they enter into arrangements with foreign principals under which they undertake to carry out certain activities in relation to political or governmental processes in Canada;
(c) requires the Commissioner to establish and maintain a publicly accessible registry that contains information about those arrangements;
(d) provides the Commissioner with tools to administer and enforce that Act; and
(e) amends the Public Service Superannuation Act , the National Security and Intelligence Committee of Parliamentarians Act and the National Security and Intelligence Review Agency Act .

Countering Foreign Interference Act

[Michael Chong, Conservative, Wellington—Halton Hills, ON]

Mr. Speaker, there are measures in this bill that will give CSIS the power to disclose classified information to universities, municipalities and provinces to ensure that they have the information they need to protect their interests. We support this measure. We think it is very important to give our national security agencies the power to do that.

[Don Davies, NDP, Vancouver Kingsway, BC]

Mr. Speaker, unfortunately, Canadian history is replete with examples where Canadians of different origin have had their loyalties questioned because of nothing more than their nationality. This includes Italian Canadians, Hungarian Canadians and of course the infamous example of the internment of Japanese Canadians, who had their loyalties questioned simply because of where their heritage came from.

As my hon. colleague pointed out, part 4 of this bill seeks to establish for the first time a registry of foreign influence. I know my hon. colleague is a strong proponent of free speech and making sure we have political freedom in this country. Does he think clause 113, which defines the criteria upon which the need to register is set forth, strikes the appropriate balance to make sure that we are truly catching those who are working at the behest of a foreign state or, for their own benefit, for a foreign state, as opposed to Canadians who are simply expressing their views that might or might not correspond with those of a different country?

[Michael Chong, Conservative, Wellington—Halton Hills, ON]

Mr. Speaker, my father came here in 1952 from Hong Kong as a Chinese immigrant, several years after the Chinese Exclusion Act was repealed. However, even though that legislation had been repealed, the sentiments that underpinned it still remained in Canada.

We have to be acutely sensitive to diaspora communities. I note that this bill is agnostic when it comes to foreign states and foreign governments. It would require all persons to register, regardless of the foreign entity or foreign principle they are acting on behalf of, in association with or at the direction of. It is a fair bill that would ensure there is greater sunlight and transparency, which also makes it an important tool to ensure that diaspora communities are not unfairly targeted. When information is made public, bad actors are made known and everyone else is understood to be innocent.

Mr. Speaker, I believe if you seek it, you will find unanimous consent for the following motion, which would see the bill voted on at third reading by Wednesday, June 12, at end of day.

That, notwithstanding any standing order, special order or usual practice of the House, Bill C-70, an act respecting countering foreign interference, shall be disposed of as follows:

(a) at the expiry of the time provided for government orders later today, the bill would be deemed adopted at second reading and referred to the Standing Committee on Public Safety and National Security;

(b) during the consideration of the bill by the committee: (1) the committee shall have the first priority for the use of House resources for committee meetings; (2) the committee shall meet for extended hours on Monday, June 3; Tuesday, June 4; Wednesday, June 5; and Thursday, June 6, to gather evidence from witnesses; (3) the Minister of Public Safety, Democratic Institutions and Intergovernmental Affairs, the officials from the RCMP and CSIS, the national security and intelligence adviser to the Prime Minister, the officials from the Department of Public Safety and other expert witnesses deemed relevant by the committee be invited to appear; (4) all amendments be submitted to the clerk of the committee by 9 a.m. on Monday, June 10; (5) amendments filed by independent members shall be deemed to have been proposed during the clause-by-clause consideration of the bill; (6) the committee shall meet at 3.30 p.m. on Monday, June 10—

[The Deputy Speaker, Conservative, Chris d'Entremont]

I am hearing “no”.

It sounded good until that point. I guess maybe the caucuses can go back and discuss that programming motion.

On the same point of order, the hon. member for New Westminster—Burnaby.

[Peter Julian, NDP, New Westminster—Burnaby, BC]

Mr. Speaker, that was not what was agreed to, but I am sure we will be presenting something similar in the coming hours.

[Andrew Scheer, Conservative, Regina—Qu'Appelle, SK]

Mr. Speaker, I just want to make it very clear that it was the NDP that said no to this very common-sense motion to get the legislation passed.

[Alistair MacGregor, NDP, Cowichan—Malahat—Langford, BC]

Mr. Speaker, we had good-faith conversations on this motion. We agreed, up to a certain point. If the Conservatives want to reword it, they will find that the NDP is going to be quite co-operative on this matter. I would like to put that on the record.

[Andrew Scheer, Conservative, Regina—Qu'Appelle, SK]

Mr. Speaker, we should probably take these discussions off-line so we can find out why the NDP members are opposed to having the bill passed by a certain date. That was the key part—

[The Deputy Speaker, Conservative, Chris d'Entremont]

I do not want to get too deeply into the discussion.

The hon. member for New Westminster—Burnaby.

[Peter Julian, NDP, New Westminster—Burnaby, BC]

Mr. Speaker, when we have good-faith negotiations behind the scenes, we do not engage in partisan jabs such as that.

[The Deputy Speaker, Conservative, Chris d'Entremont]

That is right. Let us continue the discussions.

In the meantime, let us go to the next speaker.

The hon. member for St. Albert—Edmonton.

[Michael Cooper, Conservative, St. Albert—Edmonton, AB]

Mr. Speaker, I rise to speak to Bill C-70, an act respecting countering foreign interference. My colleague, the member for Wellington—Halton Hills, has done a good job outlining some of the key measures provided for in the bill, which I will not repeat. Needless to say, on the whole, the measures and safeguards provided in the bill, including establishing new foreign interference-specific offences, as well as a foreign influence registry, are welcomed and, frankly, long overdue.

It is on that basis that Conservatives are committed to seeing the bill move through the legislative process expeditiously. It is disappointing to see that, in our efforts to do this, we were blocked by the NDP members, who seem to want to hold up the legislation. It is imperative that the bill move forward as quickly as possible; officials have indicated that it may take up to one year to fully implement the bill upon it receiving royal assent. We need to have these measures. We need to have these safeguards in place for the next election. Time is of the essence.

While the bill is welcomed, I must ask why it has taken the government so long to introduce legislation to counter foreign interference. For years, the Prime Minister has been warned by CSIS and other agencies about the threat of foreign interference. The fact is that foreign interference is on the rise; it threatens our sovereignty, our democracy, and the safety and security of Canadians, particularly those in diaspora communities.

The Prime Minister has repeatedly and very specifically been briefed about the most significant foreign interference state threat, namely, the Beijing-based Communist regime. As far back as 2017, the Prime Minister's national security and intelligence adviser briefed the Prime Minister that agents of Beijing were assisting Canadian candidates running for political offices. That was eight years ago; it has taken the government eight long years to finally come around to introducing legislation to counter that type of foreign interference.

In the 2019 election, four top Liberals who were closely connected to the Prime Minister received a classified CSIS briefing, warning them that one of the Liberal candidates, now the member for Don Valley North, was assisted by Beijing in winning the Liberal nomination in Don Valley North. One of the top Liberals who was briefed, who had the requisite security clearance, informed the Prime Minister of the contents of that brief immediately, which was quite appropriate.

What did the Prime Minister do with that information? Let us think about it.

The Prime Minister is informed that there is CSIS intelligence that one of his candidates was being assisted by Beijing, presumably because Beijing viewed that individual as someone who would best advance Beijing's interests in Ottawa. Did the Prime Minister seek to inquire with CSIS to learn more about the situation and what intelligence it had? Did he ask any questions? No, the Prime Minister turned a blind eye, allowing that individual to stand as a candidate and to be elected to the House of Commons.

In her first report, Madam Justice Hogue concluded that there was no evidence that the Prime Minister asked any questions or provided for any follow-up. Even worse than that is the conclusion that Madam Justice Hogue drew, which is that the Prime Minister decided against disallowing that candidate on the basis of direct electoral consequences.

In other words, the Prime Minister put his political interests and the interests of the Liberal Party ahead of countering Beijing's interference in our elections and in our democracy. I would submit that this is a damning indictment of the Prime Minister by Madam Justice Hogue.

However, there is more. Following the 2019 election, the Prime Minister was repeatedly told by CSIS that Beijing interfered in the 2019 and 2021 elections. What did the Prime Minister do upon being briefed? Once again, the Prime Minister turned a blind eye, doing nothing. Worse than that, the Prime Minister sought to hide Beijing's interference, to cover it up. In contrast to the very advice that he had received from CSIS, that the policy of the Government of Canada to counter foreign interference ought to be based on sunlight and transparency and that the government should make foreign interference activities known to the public, the Prime Minister's policy was one of cover-up.

The degree of interference in the 2019 and 2021 elections ought not be minimized, but the Prime Minister has repeatedly attempted to do so. Members need not take my word for it. They can take the words of Madam Justice Hogue in her first report from the foreign interference inquiry. She concluded unequivocally that there was interference in the last two federal elections and that such interference was serious insofar as it “diminished the ability of some voters to cast an informed vote”. Although foreign interference did not change the overall result of the election, Madam Justice Hogue noted that it may have impacted the results in certain ridings and that this interference had a negative impact on the “broader electoral ecosystem”.

Those are very concerning findings. The fact is that the Prime Minister had been repeatedly briefed before the 2019 election, after the 2019 election and after the 2021 election but took no action and downplayed Beijing's interference after it was revealed, thanks to reports from The Globe and Mail and Global News. This demonstrates that the Prime Minister bears some level of responsibility for Beijing's attack on our democracy in the last two federal elections.

That brings us back to the timing of the proposed bill: Why have the Liberals finally seen fit to introduce legislation to counter foreign interference now? There is only one reason. It is that the Prime Minister got caught turning a blind eye to Beijing's interference and attempting to cover it up. Had he not been caught, the legislation would never have seen the light of day. This is demonstrated by the fact that the bill was introduced on the first sitting day following the issuance of Madam Justice Hogue's report. The Liberals knew that the report was going to be incredibly damaging to the government, which it most certainly was, and this was their way of providing political cover for themselves.

Therefore, while the bill is welcome, the government deserves absolutely no credit for having been dragged, kicking and screaming, to introduce it after the Prime Minister turned a blind eye to Beijing's interference in our elections. Under the Prime Minister's watch, foreign interference has increased, and it is part of the sad record of a failed Prime Minister.

[Kevin Lamoureux, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Madam Speaker, it is interesting to contrast the member's speech with that of the previous speaker, in terms of the content and substance within.

To the member across the way, I would say that international foreign interference is something that has been around for quite a while. It was around even when Stephen Harper was prime minister; I think that particular member worked for PMO or maybe one of those Conservative backbenches then. I am not 100% sure who it was, but he was affiliated. That particular prime minister did absolutely nothing. He just completely ignored the issue of foreign interference.

We take foreign interference seriously. In fact, if I were allowed more time, I would be able to expand on many of the things that we have done in addressing this particular issue. We have a minister who has put in a great deal of effort working with professional civil servants and others to ensure that we have the legislation that we have here today. By the way, I believe the member across the way supports the principles of it and will see it go to committee. Does the member have any ideas in terms of potential amendments to the legislation?

[Michael Cooper, Conservative, St. Albert—Edmonton, AB]

Madam Speaker, we will look at the bill and we will scrutinize it, but on the whole, the measures are welcome. However, that does not take away the fact that the bill has come too late. It has come as a result of the government's dragging its feet for years. The best that can be said of the Prime Minister, in terms of how he and his government have responded to foreign interference, is that he has been asleep at the switch. However, it may be worse, because there is evidence that at times the Prime Minister has been complicit; he has gone along with Beijing's interference because it has benefited the Liberal Party, and that is really quite disgraceful.

[The Assistant Deputy Speaker (Mrs. Alexandra Mendès), Liberal, Alexandra Mendes]

I would ask members to remain seated unless they have questions.

Questions and comments. The hon. member for Sarnia—Lambton.