The Foreign Influence Transparency and Accountability Act typically excludes providing legal advice
The federal Foreign Influence Transparency and Accountability Act and its related regulations took effect on August 4, and the Federation of Law Societies of Canada has reminded legal professionals to evaluate whether they are engaging in activities that fall under the law.
A public registry has been launched under FITAA that mandates registration with the Office of the Foreign Influence Commissioner of Canada if certain persons and organizations enter into arrangements with foreign principals. It covers activities conducted under the direction of or in association with foreign principals relating to political or governmental processes in Canada.
Those who are required to disclose information to the foreign influence transparency commissioner, including licensed legal professionals, must submit a registration form. FITAA stipulates that individuals and organizations must register an arrangement with a foreign principal within 14 days if an activity seeks to influence a Canadian political or governmental process.
If the arrangement was made before August 4, individuals and entities must submit their registrations by October 3. Nonetheless, governments and parliamentary entities acting within official mandates need not register.
The Office of the Foreign Influence Commissioner of Canada released an interpretation bulletin detailing how legal professionals are impacted by the regime; the law typically does not require FITAA registration for providing legal representation in judicial and private proceedings and legal advice.
However, legal professionals must check whether activities they undertake for a foreign principal are covered by FITAA’s definition of an influence activity. Such activities include certain communications with public office holders or activities related to political or governmental processes.
Moreover, legal professionals must continuously keep professional obligations in mind when reviewing the regime’s applicability, including confidentiality and solicitor-client privilege, said the Federation of Law Societies of Canada. The bulletin indicates that “providing advice, which is subject to solicitor-client privilege, to a foreign principal is not considered an influence activity under FITAA”; nonetheless, the Law Society of British Columbia reminds lawyers who act for foreign governments, foreign state-owned entities, or other foreign principals to study the bulletin.
The government accompanied the announcement of FITAA’s enforcement with the appointment of Anton Boegman as the first-ever foreign influence transparency commissioner.
