Canadians were promised a foreign agent registry — so where is it?

When Parliament passed a sweeping national security bill last June, the Liberal government promised to establish a foreign influence transparency registry to convict proxies trying to meddle in Canadian politics.

But nearly a year later, it remains unclear how soon the office will be up and running 

“I think it’s a huge vulnerability that needs to be addressed and needs to be fixed,” said Dennis Molinaro, a former national security analyst with the federal government who now teaches at Ontario Tech University.

“It sends a message to adversaries that maybe we’re not all that serious about putting it in place and about national security.”

During last year’s spring sitting of Parliament, and in a notable moment of consensus, the opposition parties agreed to help expedite the passage of what was then Bill C-70, the countering foreign interference bill. 

A core part of the bill would require those acting on behalf of foreign states to register with the federal government within 14 days of entering an agreement. Similar foreign agent registries are already in place in the U.S. and Australia and have led to police crackdowns. The Liberals had been toying with the idea of introducing a registry since at least 2021.

Those caught violating the rules of the proposed new foreign influence transparency registry could risk millions of dollars in financial penalties and prison time. Diplomats would be exempt under international law. 

The registry would be overseen by an independent foreign influence transparency commissioner, who has yet to be appointed. 

A spokesperson for the Public Safety department said there are still several steps needed before the registry is fully implemented. 

“Officials are working to ensure that the proper steps are taken to develop the necessary regulations, and to set up the office, including the appointment of the commissioner, while also building the IT infrastructure for a best-in-class registry,” said Max Watson.  

The department did not follow up when asked if there was a timeline for when the office would be up and running.

Before the bill received royal assent last June, officials had said it could “take up to a year.” They also said they hoped to have it in place before the next election, which didn’t happen. 

The government’s website now only says the coming into force date will be determined on advice from cabinet. 

Molinaro doesn’t buy the department’s explanation for why the registry isn’t operational yet. 

“I mean, we’re talking about a government that has a lot of resources at its disposal, so it’s a question of, how seriously do you take it?” he said. 

“And [if] you want to send a strong message to the adversaries of Canada that we take foreign interference and foreign threats to our democratic institutions and transnational repression seriously, well then you develop the resources and you make it happen in a timely manner, and they’re not doing that.” 

Advocate Gloria Fung, convenor of the Canadian Coalition for a Foreign Influence Transparency Registry, said the registry isn’t a panacea but rather a starting point, especially for those in diaspora communities who are the direct victims of harassment from foreign actors in Canada.

“We cannot afford to wait further,” she said, pointing to substantiated reports of foreign interference during both the Liberal leadership campaign and the recent federal election. “I hope Prime Minister Carney can do better.”

Fung was hoping to see the the office in place and working before the federal election. With that opportunity gone, she’s now hoping to meet with Carney and new Public Safety Minister Gary Anandasangaree to stress the urgency of getting the job done.

“If we do not take concrete action it’s going to get worse up to a point of no return,” Fung said. 

The push to set up the registry and pass other foreign interference measures followed months of reports that China and other countries meddled in the past two federal elections. 

A public inquiry investigated the allegations and determined foreign actors likely did attempt to sway voters, but found those efforts did not affect which political party formed government in 2019 and 2021.

A spokesperson for the Opposition Conservatives called the delay “more of the same from the Liberals.”

“Nearly a year after becoming law, they have failed to act on big promises to bring in a registry and reverted back to their old ways of performative gestures that go nowhere,” said the party’s director of communications Sarah Fisher. 

“Conservatives repeatedly called on the Liberals to implement a foreign influence registry to expose hostile foreign actors on Canadian soil. Instead of protecting Canadians and diaspora communities, the Liberals blocked, delayed, and obstructed a foreign influence registry at every turn.”

NDP MP Heather McPherson said she recognizes the House of Commons was prorogued earlier this year and the country was sent into an election, but called it deeply concerning to hear the government doesn’t seem to have even the “bones in place” for a registry.

“Canadians are justly worried about foreign interference,” she said, adding the Liberals seem in “no rush” to follow through on their promises.

McPherson said as far as she knows, the government hasn’t yet consulted with the other parties ahead of picking a commissioner, which the act stipulates. 

The registry has its critics, too.

When the bill was still making its way through Parliament, some of the country’s top research universities — known as U15 Canada —  warned a registry could spur an unintended “chilling effect” on international partnerships.

“The registry’s reporting requirements could significantly harm relationships with international peers and mean that Canada misses out on the opportunity to co-operate on cutting-edge research and access world-leading expertise with peer nations,” said the group in its submission to a House of Commons committee last year. 

Bill C-70 brought in other measures to ward off foreign interference, including updates to the Criminal Code to make foreign interference a criminal offence and the necessary legal amendments needed to allow the Canadian Security Intelligence Service to disclose relevant intelligence to universities, businesses, provinces and municipalities.