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Canada Elections Act Provisions Relating to Foreign Interference (Appendix)CEO appearance on Foreign Interference in Canadian Elections before the Standing Committee on Procedure and House Affairs

Key Messages (Part 11.1—Prohibitions in relation to Voting)

  • Through section 281, Parliament specifically indicated its intent to see section 282.4—targeting foreign persons and entities—apply extraterritorially.
  • In relation to the third party regime, the scope of section 282.4 is broader than those of sections 349.4 and 351. This is because section 282.4 prohibits a foreign person or entity from incurring any expense to directly promote or oppose a candidate, a registered party or the leader of a registered party, while sections 349.4 and 351 focus on specific types of expenses.
  • Section 282.4 also connects potential undue influence by foreigners to the commission of any other federal or provincial offence. This gives the Commissioner of Canada Elections broader investigative powers over a wide array of potentially wrongful conducts by foreign persons and entities trying to influence Canadian electors.
Provisions Targeted persons or entities Prohibited behaviours Other characteristics
282.4(1) Any foreign person or entity, being:
  • an individual who is not a Canadian citizen or a permanent resident and who doesn't reside in Canada;
  • a foreign corporation or entity that does not carry on business in Canada, or its primary purpose in Canada during the election period consists of influencing electors
  • a trade union that does not hold bargaining rights for employees in Canada;
  • a foreign political party
  • a foreign government or an agent or mandatary
 Knowingly incur any expense to directly promote or oppose a candidate, a registered party or the leader of a registered party
  • Currently only applies during the election period
  • Parliament specifically intended to make these prohibitions applicable extraterritorially (section 281)
  • Punishments for these offences are only those found at subsection 500(5), which are the most severe punishment available under the Canada Elections Act
One of the things done by them to influence the elector is an offence under any of the following:
  • an Act of Parliament (not limited to the Canada Elections Act)
  • a federal regulationan
  • an Act of the legislature of a province
  • a provincial regulation
282.4(4) Any person or entity Colluding with a foreign person or entity for the purpose of contravening 282.4(1)
282.4(5) Selling advertising space to a foreign person or entity to enable the transmission of an election advertising message

Key Messages (Part 17—Third Party Advertising, Partisan Activities and Election Surveys)

  • Although more specific, sections 349.4 and 351.1 share some characteristics with the prohibitions found at section 282.4.
  • Sections 349.4 and 351.1 provide for both offences requiring intent and strict liability offences, allowing more flexibility to the charge layer and, in the case of a strict liability offence, a lower evidentiary burden for the prosecution.
  • Two types of behaviours are prohibited by Part 17:
    • Sections 349.4 and 351.1 prohibit a foreign third party from incurring specific expenses.
    • Sections 349.02, 349.03, 349.94 and 357.1 prohibit a third party from using foreign funds or, when their source is unknown, contributions.
Provisions Targeted persons or entities Prohibited behaviours Other characteristics

349.4

351.1

Any foreign third party, being:

  • an individual who is not a Canadian citizen or a permanent resident and who does not reside in Canada
  • a foreign corporation or entity that does not carry on business in Canada, or its only activity in Canada during the pre-election period or election period consists of influencing electors
  • a group for which no person responsible for the group is a Canadian citizen or a permanent resident, or a person who resides in Canada

Incurring any of the following expenses:

  • partisan activity expenses
  • partisan advertising expenses
  • election advertising expenses
  • election survey expenses
  • Applies during both the pre-election and the election periods
  • Contrary to the prohibition found in Part 11.1, this prohibition does not directly target:
    • Trade union that does not hold bargaining rights for employees in Canada;
    • Foreign political party
    • Foreign government or an agent or mandatary
  • A strict liability offence is available
  • When intent is present, punishments for these offences include those found at subsection 500(5), which are the most severe punishment available under the Canada Elections Act

349.02

Any third party which, in respect of the relevant period, is a person or a group other than, as the case may be:

  • a nomination contestant
  • a potential candidate
  • a candidate
  • a registered party
  • an eligible party
  • an electoral district association

If the source of the funds is a foreign entity, use those funds for :

  • a partisan activity, during both the pre-election and the election periods
  • advertising—the equivalent of partisan advertising—at all times
  • election advertising, during the election period
  • election surveys, during both the pre-election and the election periods
  • A strict liability offence is available
  • When intent is present, punishments for these offences include those found at subsection 500(5), which are the most severe punishment available under the Canada Elections Act

349.03
  • Circumvent, or attempt to circumvent, the prohibition at 349.02
  • Act in collusion with another person or entity for that purpose

349.94

357.1

If the third party does not know the name and address of the contributor, using a contribution for any of the following purpose:

  • a partisan activity
  • a partisan advertising message
  • an election advertising message
  • an election survey
  • Applies during both the pre-election and the election periods
  • Only a strict liability offence is available