GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Foreign Enlistment Act — F-28 8
Ships employed by armed forces of foreign state 8 Where any ship is built by order of or on behalf of any foreign state when at war with any friendly foreign state, or is delivered to or to the order of the foreign state or to any person who to the knowledge of the person building is an agent of the foreign state, or is paid for by the foreign state or the agent, and is employed in or by the armed forces of the foreign state, the ship shall, until the contrary is proved, be deemed to have been built with a view to being so employed, and the burden lies on the builder of the ship to prove that he did not know that the ship was intended to be so employed in or by the armed forces of the foreign state. R.S., c. F-29, s. 8
Foreign Enlistment Act — F-28 9
Arming or equipping ships for foreign state at war 9 Any person who, within Canada, by any addition to or substitution in the armament or equipment, increases or augments, or procures to be increased or augmented, or is knowingly concerned in increasing or augmenting the warlike force of any ship that at the time it was within Canada was a ship in or of the armed forces of any foreign state at war with any friendly foreign state is guilty of an offence. R.S., c. F-29, s. 9
Foreign Enlistment Act — F-28 10
Outfitting expedition against friendly foreign state 10 Any person who, within Canada, prepares or fits out any army, naval or air expedition to proceed against the dominions of any friendly foreign state is guilty of an offence. R.S., c. F-29, s. 10
Foreign Enlistment Act — F-28 11
Recruiting 11 (1) Any person who, within Canada, recruits or otherwise induces any person or body of persons to enlist or to accept any commission or engagement in the armed forces of any foreign state or other armed forces operating in that state is guilty of an offence. Exception (2) Subsection (1) does not apply to the action of foreign consular or diplomatic officers or agents in enlisting persons who are nationals of the countries they represent and not Canadian nationals, in conformity with the regulations of the Governor in Council. R.S., c. F-29, s. 11
Foreign Enlistment Act — F-28 12
Prize of war 12 Where any ship, goods or merchandise captured as prize of war within Canada in violation of Canadian neutrality, or captured by any ship that may have been built, equipped, commissioned or dispatched, or the force of which may have been augmented, contrary to this Act, is brought within Canada by the captor, by any agent of the captor or by any person having come into possession thereof with a knowledge that the ship, goods or merchandise was prize of war so captured, it shall be lawful for the original owner of that prize or his agent, or for any person authorized by the government of the foreign state to which the owner belongs, or in which the captured ship may have been duly registered, to make application to the Federal Court for seizure and detention of the prize, and the Court shall, on due proof of the facts, order the prize to be restored. R.S., c. F-29, s. 12; R.S., c. 10(2nd Supp.), s. 64
Foreign Enlistment Act — F-28 13
Execution of Court order 13 (1) Every order referred to in section 12 shall be executed and carried into effect in the same manner and subject to the same right of appeal as in the case of any order made in the exercise of the ordinary jurisdiction of the Federal Court. Provisional orders (2) Until a final order has been made on the application referred to in section 12, the Federal Court has power to make all such provisional and other orders respecting the care or custody of the captured ship, goods or merchandise, and if the same is of a perishable nature, or incurring risk of deterioration for the sale thereof, and with respect to the deposit or investment of the proceeds of any such sale as may be made by the Court in the exercise of its ordinary jurisdiction. R.S., c. F-29, s. 13; R.S., c. 10(2nd Supp.), s. 64
Foreign Enlistment Act — F-28 14
Punishment 14 Any person who is guilty of an offence under this Act is liable (a) on summary conviction, to a fine not exceeding five hundred dollars or to imprisonment for a term not exceeding twelve months, with or without hard labour, or to both fine and imprisonment; or (b) on conviction on indictment, to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding two years, with or without hard labour, or to both fine and imprisonment. R.S., c. F-29, s. 14
Foreign Enlistment Act — F-28 15
Offending ship forfeited 15 (1) Any ship in respect of which an offence under section 7 has been committed and the equipment thereof shall be forfeited to Her Majesty. Conveyance, arms, etc., forfeited (2) Any conveyance and the equipment thereof and all arms, ammunition and implements of war used in or forming part of an expedition in respect of which an offence under section 10 has been committed shall be forfeited to Her Majesty. R.S., c. F-29, s. 15
Foreign Enlistment Act — F-28 16
Locus of jurisdiction 16 For the purpose of giving jurisdiction in criminal proceedings under this Act, every offence shall be deemed to have been committed and every cause or complaint to have arisen either in the place in which it was committed or arose or in any place in which the offender or person complained against may be. R.S., c. F-29, s. 16
Foreign Enlistment Act — F-28 17
Criminal Code 17 Subject to this Act, criminal proceedings arising under this Act shall be subject to and governed by the Criminal Code . R.S., c. F-29, s. 17
Foreign Enlistment Act — F-28 18
Process for forfeiture 18 All proceedings for forfeiture of conveyances, goods or merchandise under this Act may be taken in the Federal Court, or in any other court of competent jurisdiction. R.S., c. F-29, s. 18; R.S., c. 10(2nd Supp.), s. 64
Foreign Enlistment Act — F-28 19
Regulations 19 The Governor in Council may, by order or regulation, provide for any or all of the following matters: (a) the application of this Act, with necessary modifications, to any case in which there is a state of armed conflict, civil or otherwise, either within a foreign country or between foreign countries; (b) the seizure, detention and disposition of conveyances, goods and merchandise; (c) the requirement of the consent of an authority or authorities to prosecutions, seizures, detentions and forfeiture proceedings; (d) the designation of officers or authorities that may execute any of the provisions of this Act; and (e) the issue, restriction, cancellation and impounding of passports, whether within Canada or elsewhere, to the extent to which the Governor in Council deems that action to be necessary or expedient for carrying out the general purposes of this Act. R.S., c. F-29, s. 19
Foreign Influence Transparency and Accountability Act — F-29.2 Preamble
Preamble Whereas Canada’s national security is increasingly challenged by foreign states or powers and their proxies;
Foreign Influence Transparency and Accountability Act — F-29.2
Whereas interference by foreign states or powers and their proxies has a significant impact on Canada’s international relations and foreign policy;
Foreign Influence Transparency and Accountability Act — F-29.2
Whereas efforts by foreign states or powers and their proxies to influence, in a non-transparent manner, political and governmental processes at all levels of government in Canada have systemic effects throughout the country and endanger democracy, sovereignty and core Canadian values;
Foreign Influence Transparency and Accountability Act — F-29.2
Whereas efforts by foreign states or powers and their proxies to influence, in a non-transparent manner, political and governmental processes at one level of government in Canada may have effects on the political and governmental processes of another level of government;
Foreign Influence Transparency and Accountability Act — F-29.2
Whereas some of those efforts have a particularly negative effect on certain communities in Canada;
Foreign Influence Transparency and Accountability Act — F-29.2
Whereas there is a growing consensus in Canada and among its allies that foreign influence registries are a necessary tool to lessen foreign interference in the affairs of sovereign states;
Foreign Influence Transparency and Accountability Act — F-29.2
Whereas it is desirable that information respecting certain foreign influence activities that are carried out in relation to political or governmental processes in Canada be registered in a way that makes it accessible to the public;
Foreign Influence Transparency and Accountability Act — F-29.2
Whereas the registration of that information should not impede freedoms that are vital to Canada’s political culture;
Foreign Influence Transparency and Accountability Act — F-29.2
And whereas it is desirable that an independent public office holder administer and enforce requirements respecting the registration of that information;
Foreign Influence Transparency and Accountability Act — F-29.2
Now, therefore, His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Foreign Influence Transparency and Accountability Act — F-29.2 1
Short title 1 This Act may be cited as the Foreign Influence Transparency and Accountability Act .
Foreign Influence Transparency and Accountability Act — F-29.2 2
Definitions 2 The following definitions apply in this Act. arrangement means an arrangement under which a person undertakes to carry out, under the direction of or in association with a foreign principal, any of the following activities in relation to a political or governmental process in Canada: (a) communicating with a public office holder; (b) communicating or disseminating or causing to be communicated or disseminated by any means, including social media, information that is related to the political or governmental process; (c) distributing money or items of value or providing a service or the use of a facility. ( arrangement ) Commissioner means the Foreign Influence Transparency Commissioner appointed under subsection 9(1). ( commissaire ) foreign principal means a foreign economic entity , a foreign entity , a foreign power or a foreign state , as those expressions are defined in subsection 2(1) of the Security of Information Act . ( commettant étranger ) Minister means the Minister of Public Safety and Emergency Preparedness. ( ministre ) person includes a corporation, a trust, a joint venture, a partnership, a fund, an unincorporated association or organization and any other legal entity. ( personne ) political or governmental process includes (a) any proceeding of a legislative body; (b) the development of a legislative proposal; (c) the development or amendment of any policy or program; (d) the making of a decision by a public office holder or government body, including the awarding of a contract; (e) the holding of an election or referendum; and (f) the nomination of a candidate or the development of an electoral platform by a political party. ( processus politique ou gouvernemental ) public office holder means an individual included in a class of individuals specified in the regulations and, unless they are excluded by the regulations, any of the following individuals: (a) a public office holder as defined in subsection 2(1) of the Lobbying Act ; (b) an individual referred to in any of paragraphs 4(1)(a) to (c) of that Act; (c) an individual referred to in paragraph 4(1)(d) or (d.1) of that Act; (d) an officer or employee of an entity referred to in subparagraph 4(c)(ii) of this Act. ( titulaire d’une charge publique )
Foreign Influence Transparency and Accountability Act — F-29.2 (a)
arrangement means an arrangement under which a person undertakes to carry out, under the direction of or in association with a foreign principal, any of the following activities in relation to a political or governmental process in Canada: (a) communicating with a public office holder; (b) communicating or disseminating or causing to be communicated or disseminated by any means, including social media, information that is related to the political or governmental process; (c) distributing money or items of value or providing a service or the use of a facility. ( arrangement )
Foreign Influence Transparency and Accountability Act — F-29.2
Commissioner means the Foreign Influence Transparency Commissioner appointed under subsection 9(1). ( commissaire )
Foreign Influence Transparency and Accountability Act — F-29.2
foreign principal means a foreign economic entity , a foreign entity , a foreign power or a foreign state , as those expressions are defined in subsection 2(1) of the Security of Information Act . ( commettant étranger )
Foreign Influence Transparency and Accountability Act — F-29.2
Minister means the Minister of Public Safety and Emergency Preparedness. ( ministre )
Foreign Influence Transparency and Accountability Act — F-29.2
person includes a corporation, a trust, a joint venture, a partnership, a fund, an unincorporated association or organization and any other legal entity. ( personne )
Foreign Influence Transparency and Accountability Act — F-29.2 (a)
political or governmental process includes (a) any proceeding of a legislative body; (b) the development of a legislative proposal; (c) the development or amendment of any policy or program; (d) the making of a decision by a public office holder or government body, including the awarding of a contract; (e) the holding of an election or referendum; and (f) the nomination of a candidate or the development of an electoral platform by a political party. ( processus politique ou gouvernemental )
Foreign Influence Transparency and Accountability Act — F-29.2 (a)
public office holder means an individual included in a class of individuals specified in the regulations and, unless they are excluded by the regulations, any of the following individuals: (a) a public office holder as defined in subsection 2(1) of the Lobbying Act ; (b) an individual referred to in any of paragraphs 4(1)(a) to (c) of that Act; (c) an individual referred to in paragraph 4(1)(d) or (d.1) of that Act; (d) an officer or employee of an entity referred to in subparagraph 4(c)(ii) of this Act. ( titulaire d’une charge publique )
Foreign Influence Transparency and Accountability Act — F-29.2 3
Purpose 3 The purpose of this Act is (a) to ensure that persons who, under an arrangement, carry out activities in relation to a political or governmental process in Canada do so in a transparent manner; (b) to deter foreign principals from making efforts to influence political or governmental processes in Canada in a non-transparent manner; (c) to raise public awareness of efforts by foreign principals to influence political or governmental processes in Canada; and (d) to strengthen national security.
Foreign Influence Transparency and Accountability Act — F-29.2 4
Application 4 This Act applies to arrangements relating to any of the following political or governmental processes: (a) federal political or governmental processes; (b) provincial, territorial, or municipal political or governmental processes; (c) the political or governmental processes of (i) a council, government or other entity that is authorized to act on behalf of an Indigenous group, community or people that holds rights recognized and affirmed by section 35 of the Constitution Act, 1982 , or (ii) any other entity that represents the interests of First Nations, the Inuit or the Métis.
Foreign Influence Transparency and Accountability Act — F-29.2 5
Duty to provide information 5 (1) A person who enters into an arrangement with a foreign principal must, within 14 days after the day on which they enter into the arrangement, provide the Commissioner with the information specified in the regulations. Duty to update information (2) The person must, in accordance with the regulations, also provide the Commissioner with updates on any information they have provided under this section.
Foreign Influence Transparency and Accountability Act — F-29.2 6
Non-application — persons 6 (1) Section 5 does not apply to any of the following persons: (a) a foreign national who holds a passport that contains a valid diplomatic, consular, official or special representative acceptance issued by the Chief of Protocol for the Department of Foreign Affairs, Trade and Development; (b) an employee of a foreign principal who is acting openly in the employee’s official capacity; (c) a person who is included in a class of persons specified in the regulations. Non-application — arrangements (2) Section 5 does not apply to any of the following arrangements: (a) an arrangement to which His Majesty in right of Canada is a party; (b) an arrangement that is included in a class of arrangements specified in the regulations.
Foreign Influence Transparency and Accountability Act — F-29.2 7
Prohibition — false or misleading information 7 A person must not knowingly provide any false or misleading information to the Commissioner or to any person acting on the Commissioner’s behalf or under the Commissioner’s direction.
Foreign Influence Transparency and Accountability Act — F-29.2 8
Duties of Commisioner 8 (1) The Commissioner must establish and maintain a registry that contains information provided under section 5 that is included in a class of information specified in the regulations. Accessible to public (2) The registry must be accessible to the public.
Foreign Influence Transparency and Accountability Act — F-29.2 9
Appointment 9 (1) The Governor in Council is to appoint an individual to be known as the Foreign Influence Transparency Commissioner, to be responsible for the administration and enforcement of this Act. Consultation (2) The appointment is to be made after (a) consultation with (i) the Leader of the Government in the Senate or Government Representative in the Senate and the Leader of the Opposition in the Senate, (ii) the Leader or Facilitator of every other recognized party or parliamentary group in the Senate, (iii) the Leader of the Opposition in the House of Commons, and (iv) the leader in the House of Commons of each party having at least 12 members in that House; and (b) approval of the appointment by resolution of the Senate and House of Commons. Tenure of office and removal (3) Subject to this section, the Commissioner holds office during good behaviour for a term of up to seven years, but may be removed for cause by the Governor in Council at any time. Reappointment (4) The Commissioner is eligible to be reappointed for one additional term of up to seven years. Interim appointment (5) In the event of the absence or incapacity of the Commissioner, or if that office is vacant, the Governor in Council may appoint an individual to hold that office in the interim for a term of up to six months, and that individual is to, while holding office, be paid the remuneration and expenses that may be fixed by the Governor in Council.
Foreign Influence Transparency and Accountability Act — F-29.2 10
Remuneration 10 (1) The Commissioner is to be paid the remuneration that is fixed by the Governor in Council. Travel and living expenses (2) The Commissioner is entitled to be paid, in accordance with Treasury Board directives, reasonable travel and living expenses incurred in the exercise of their powers and the performance of their duties and functions under this Act while absent from their ordinary place of work. Clarifications (3) For greater certainty, the Commissioner is an employee for the purposes of the Government Employees Compensation Act and is employed in the federal public administration for the purposes of any regulations made under section 9 of the Aeronautics Act .
Foreign Influence Transparency and Accountability Act — F-29.2 11
Deputy Commissioners and staff 11 (1) The Deputy Commissioners and officers and employees that are necessary to enable the Commissioner to exercise their powers and perform their duties and functions under this Act are to be appointed in accordance with the Public Service Employment Act . Powers, duties and functions of Deputy Commissioners (2) The Deputy Commissioners are to exercise the powers, and perform the duties and functions, that the Commissioner may assign to them.
Foreign Influence Transparency and Accountability Act — F-29.2 12
Technical assistance 12 The Commissioner may engage on a temporary basis the services of persons having technical or specialized knowledge of any matter relating to the Commissioner’s work to advise and assist the Commissioner in the exercise of their powers and performance of their duties and functions and, with the approval of the Treasury Board, may fix and pay the remuneration and expenses of those persons.
Foreign Influence Transparency and Accountability Act — F-29.2 13
Advisory opinions and interpretation bulletins 13 (1) The Commissioner may issue advisory opinions and interpretation bulletins with respect to the enforcement, interpretation or application of this Act. Clarifications (2) The advisory opinions and interpretation bulletins are not statutory instruments for the purposes of the Statutory Instruments Act and are not binding.
Foreign Influence Transparency and Accountability Act — F-29.2 14
Immunity 14 No civil or criminal proceeding lies against the Commissioner, or any person acting on their behalf or under their direction, in respect of anything that is done or omitted to be done in good faith in the course of the exercise or performance, or purported exercise or performance, of any power, duty or function of the Commissioner under this Act.
Foreign Influence Transparency and Accountability Act — F-29.2 15
Limitation on disclosure 15 With the exception of information in the registry made accessible to the public under section 8, the Commissioner, and any person acting on the Commissioner’s behalf or under the Commissioner’s direction, may not disclose any information that comes to their knowledge in the performance of their duties and functions under this Act, unless (a) the disclosure is, in the opinion of the Commissioner, necessary for the purpose of conducting an investigation under section 16; (b) the information is disclosed in the course of proceedings for a violation under this Act; (c) the information is disclosed in the course of a prosecution for an offence under section 131 of the Criminal Code (perjury) in respect of a statement made to the Commissioner; (d) the Commissioner believes on reasonable grounds that the disclosure may assist a law enforcement agency in the investigation of an offence under this or any other Act of Parliament or of the legislature of a province or territory; (e) the disclosure is authorized under the regulations; or (f) the disclosure is otherwise permitted, authorized or required by law.
Foreign Influence Transparency and Accountability Act — F-29.2 16
Power to investigate 16 (1) The Commissioner may conduct an investigation for the purpose of ensuring compliance with subsection 5(1) or (2) or section 7. Powers on investigation (2) In conducting an investigation, the Commissioner may (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; (b) administer oaths and solemn affirmations; and (c) receive and accept information, whether or not it would be admissible as evidence in a court of law.
Foreign Influence Transparency and Accountability Act — F-29.2 17
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.