Foreign Influence Transparency and Accountability Act (S.C. 2024, c. 16, s. 113)

Marginal note:Power to investigate

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  16 (1) The Commissioner may conduct an investigation for the purpose of ensuring compliance with subsection 5(1) or (2) or section 7.

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  Marginal note:Powers on investigation

  (2) In conducting an investigation, the Commissioner may

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    (a) in the same manner and to the same extent as a superior court of record,

    • (i) summon and enforce the attendance of persons before the Commissioner and compel them to give oral or written evidence on oath or solemn affirmation, and

    • (ii) compel persons to produce any documents or other things that the Commissioner considers relevant for the investigation;

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    (b) administer oaths and solemn affirmations; and

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    (c) receive and accept information, whether or not it would be admissible as evidence in a court of law.

Marginal note:Evidence in other proceedings

17 Evidence given by a person in an investigation and evidence of the existence of an investigation are inadmissible against the person in a court or in any other proceeding, other than in a proceeding for a violation under this Act or in a prosecution of the person for an offence under section 131 of the Criminal Code (perjury) in respect of a statement made to the Commissioner.

Marginal note:Violation and liability

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  18 (1)  A person who contravenes subsection 5(1) or (2) or section 7 commits a violation and is liable to an administrative monetary penalty.

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  Marginal note:Purpose

  (2) The purpose of an administrative monetary penalty is to promote compliance with this Act and not to punish.

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  Marginal note:Violation or offence

  (3) If an act or omission may be proceeded with as a violation or as an offence, proceeding with it in one manner precludes proceeding with it in the other.

Marginal note:Notice of violation

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  19 (1) The Commissioner may issue a notice of violation to a person if the Commissioner has reasonable grounds to believe that the person has committed a violation.

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  Marginal note:Contents

  (2) The notice of violation must set out

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    (a) the person’s name;

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    (b) the violation at issue;

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    (c) the amount of the administrative monetary penalty to which the person is liable;

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    (d) the person’s right, within 30 days after the day on which the notice is served or within any longer period that the Commissioner may specify, to pay the penalty or to make representations to the Commissioner with respect to the violation and the penalty, and the manner for doing so; and

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    (e) the fact that, if the person does not pay the penalty or make representations in accordance with the notice, the person will be deemed to have committed the violation and the Commissioner may impose a penalty in respect of it.

Marginal note:Payment of penalty

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  20 (1) If the person pays the penalty in accordance with the notice of violation, they are deemed to have committed the violation and proceedings in respect of it are ended.

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  Marginal note:Decision — commission of violation

  (2) If the person makes representations in accordance with the notice, the Commissioner must decide, on a balance of probabilities, whether the person committed the violation and, if so, may impose the penalty set out in the notice, a lesser penalty or no penalty.

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  Marginal note:Failure to pay or make representations

  (3) A person who neither pays the penalty nor makes representations in accordance with the notice is deemed to have committed the violation and the Commissioner may impose the penalty set out in the notice, a lesser penalty or no penalty.

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  Marginal note:Notice of decision

  (4) The Commissioner must cause notice of any decision made under subsection (2) or (3) to be served on the person.

Marginal note:Publication

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  21 (1) The Commissioner must make public the nature of a violation, the name of the person who committed it and the amount of the penalty imposed, if any.

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  Marginal note:Reasons

  (2) In doing so, the Commissioner may include the reasons for their decision, including the relevant facts, analysis and considerations that formed part of it.

Marginal note:Regulations

22 The Governor in Council may make regulations respecting the administrative monetary penalties scheme, including regulations respecting

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  (a) the amount, or range of amounts, of the administrative monetary penalties that may be imposed;

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  (b) the factors to be taken into account in relation to the imposition of an administrative monetary penalty;

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  (c) compliance agreements; and

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  (d) the individuals or classes of individuals who may exercise or perform any of the Commissioner’s powers, duties or functions in relation to the scheme, including the designation of such individuals or classes of individuals by the Commissioner.

Marginal note:Contravention — subsection 5(1) or (2) or section 7

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  23 (1) Every person commits an offence if they contravene subsection 5(1) or (2) or section 7.

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  Marginal note:Due diligence defence

  (2) A person is not to be found guilty of an offence under subsection (1), other than for a contravention of section 7, if they establish that they exercised due diligence to prevent the commission of the offence.

Marginal note:Obstruction

24 Every person commits an offence if they knowingly obstruct the Commissioner, or any person acting on the Commissioner’s behalf or under the Commissioner’s direction, in the conduct of any of the Commissioner’s powers, duties and functions under this Act.

Marginal note:Punishment — sections 23 and 24

25 Every person who commits an offence under section 23 or 24 is liable

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  (a) on conviction on indictment, to a fine of not more than $5 million or to imprisonment for a term of not more than five years, or to both; or

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  (b) on summary conviction, to a fine of not more than $200,000 or to imprisonment for a term of not more than two years less a day, or to both.

Marginal note:Rules

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  26 (1) The following rules apply to judicial review proceedings in respect of decisions made by the Commissioner under this Act:

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    (a) the judge must provide the applicant and the Commissioner with an opportunity to be heard;

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    (b) if the judge determines that evidence or other information provided by the Commissioner is not relevant or if the Commissioner withdraws evidence or other information, the judge must not base their decision on that evidence or other information and must return it to the Commissioner; and

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    (c) the judge must ensure the confidentiality of all evidence and other information that the Commissioner withdraws.

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  Marginal note:Protection of information on appeal

  (2) Subsection (1) applies to any appeal of a decision made by a judge in relation to the judicial review proceedings referred to in this section and to any further appeal, with any necessary modifications.

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  Marginal note:Definition of judge

  (3) In this section, judge means the Chief Justice of the Federal Court or a judge of that Court designated by the Chief Justice.

Marginal note:Regulations

27 The Governor in Council may make regulations

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  (a) specifying classes of individuals for the purposes the definition public office holder in section 2;

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  (b) excluding classes of individuals from that definition;

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  (c) specifying the information to be provided for the purposes of section 5;

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  (d) respecting the updating of information for the purposes of subsection 5(2);

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  (e) specifying classes of persons for the purposes of paragraph 6(1)(c) and classes of arrangements for the purposes of paragraph 6(2)(b);

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  (f) specifying the classes of information to be contained in the registry referred to in section 8;

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  (g) respecting the retention and disposal by the Commissioner of information contained in the registry referred to in section 8;

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  (h) authorizing government institutions, as defined in section 3 of the Privacy Act, or entities specified in the regulations to disclose information to the Commissioner and any other individual referred to in subsection 11(1) for the purposes specified in the regulations; and

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  (i) respecting the disclosure of information for the purposes of paragraph 15(e).

Marginal note:Annual report

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  28 (1) The Commissioner must, within six months after the end of each fiscal year, submit to the Minister an annual report on the Commissioner’s activities during that year.

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  Marginal note:Tabling in Parliament

  (2) The Minister must cause the report to be tabled in each House of Parliament on any of the first 15 days on which the House is sitting after the day on which the Minister receives it.

Marginal note:Special reports

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  29 (1) The Commissioner may, at any time, submit a special report to the Minister on any matter that is within the scope of the Commissioner’s powers, duties and functions.

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  Marginal note:Tabling in Parliament

  (2) The Minister must cause the special report to be tabled in each House of Parliament on any of the first 15 days on which the House is sitting after the day on which the Minister receives it.

Marginal note:Consultation

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  30 (1) In preparing an annual or special report, the Commissioner must consult with the deputy heads concerned to ensure that it does not contain information whose disclosure would be injurious to international relations, national defence or national security.

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  Marginal note:Definition of deputy head

  (2) In this section, deputy head has the same meaning as in section 2 of the National Security and Intelligence Review Agency Act.

Marginal note:Review of Act

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  31 (1) During the first year after a general election, a comprehensive review of this Act and its operation must be undertaken by the committee of the Senate or of the House of Commons that is designated or established for that purpose.

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  Marginal note:Report

  (2) The committee must, within one year after the review is undertaken — or within any further period that the Senate or the House of Commons, as the case may be, authorizes — submit to the appropriate House a report on the review that includes a statement of any changes that the committee recommends.

Marginal note:Response

32 The Minister must, no later than 120 days after the day on which the report referred to in subsection 31(2) is submitted, cause to be tabled in each House of Parliament a response that addresses each of the changes recommended in the report.