Canada’s new Foreign Influence Transparency Registry came into force about a month ago and may have inconspicuously created a significant compliance obligation for charities and not-for-profits (NFPs) that engage with foreign organizations, governments, or funders.
The Foreign Influence Transparency and Accountability Act (“the Act”) came into effect on August 4, 2026, and introduced a public registry overseen by the Foreign Influence Transparency Commissioner (the “Commissioner”). The Regulations for the Administration of the Foreign Influence Transparency and Accountability Act (the Regulations”) explain the practical implication of the Act. The Commissioner also issued interpretation bulletins and advisory opinions which relate to the enforcement, interpretation, or application of the Act.
This blog summarizes the key elements of the Act (including the Regulations and some of the bulletins) and highlights what charities and NFPs need to understand as they assess whether their international relationships may trigger registration.
What the Act Does
The goal of the Act is to increase transparency around activities carried out under the direction of, or in association with, foreign entities when those activities relate to Canadian political or governmental processes. The Act requires “persons” – including corporations, trusts, unincorporated associations, and charities – to register certain “arrangements” with “foreign principals” when those arrangements involve “influence activities” directed at Canadian political or governmental processes. The Act attempts to prevent foreign principals from engaging in non‑transparent attempts to influence these processes.
Key Terms Under the Act Key Terms Under the Act and Regulations
The interpretation bulletins (treated below) help to explain some of the key terms under the Act:
(i) Foreign Principal
The Interpretation bulletin: What is a foreign principal provides that a foreign principal may include:
- a country, a province, a territory, or a city outside of Canada;
- an organization that is, or has aspirations of forming, a government and/or controlling an area outside of Canada, including political parties, political movements, and terrorist organizations;
- an organization representing the interests of one or more foreign governments or authorities or bodies;
- a business or organization owned or controlled by a foreign state, such as a state-owned enterprise;
- an organization (for example: a business, cultural group, educational institution, non-governmental organization, media outlet, charity) that is effectively controlled by another foreign principal or group of foreign principals, even if this relationship is not formally stated. The foreign principal may have editorial influence or some degree of control over the organization’s operations; and
- an individual or organization acting openly as an official representative of a foreign principal.
Importantly, foreign funding alone does not make an organization a foreign principal if it remains operationally independent. Likewise, being based outside of Canada and having independent views which align with that of a foreign government or authority also does not make an organization a foreign principal.
The bulletin also states that the definition of foreign principal is broad and is not limited to governments.
(ii) Arrangement
According to the Interpretation bulletin: Entering into an arrangement, the following three elements must exist to constitute an arrangement under the Act:
- A person acts under the direction or, or in association with, a foreign principal
- The person undertakes to carry out one or more influence activities as described in section 2 of the Act
- The influence activities are done in relation to a political or governmental processes in Canada at any level of government.
The bulletin clarifies that an arrangement may exist even where the person is advancing its own interests or mandate and that it is not necessary for the individual or organization to conduct influence activities solely or primarily for the foreign principal’s benefit.
(iii) Influence Activities
The Interpretation bulletin: Influence activities provides a non-exhaustive list of influence activities including:
- Communicating with (including sending correspondence to and lobbying) public office holders,
- Communicating and disseminating information,
- Distributing money or items of value,
- Providing a service or the use of a facility.
The bulleting clarifies that these activities must be intended to affect or shape decisions, actions, or opinions relating to Canadian political or governmental processes.
What Must Be Registered: If a charity enters into an arrangement with a foreign principal that involves influence activities, it must register the arrangement and provide information about the foreign principal, the nature of the relationship, the activities that will be carried out, the individuals involved, and any public office holders who may be targeted.
When: Registration must occur within 14 days of entering into a new arrangement. Existing arrangements before August 4, 2026 must be registered by October 3, 2026. Registrants must also update the Commissioner within 14 days of any change.
Who has access: The Registry is public, and information remains accessible for 20 years after the arrangement ends.
Why This Matters for Charities and NFPs
Many charities routinely work with foreign organizations, receive international funding, engage in public policy dialogue, share advocacy materials, or communicate with public office holders. These activities may trigger registration if they occur under the direction of, or in association with, a foreign principal. For this reason, charities should take time to review their international partnerships, consider whether any foreign organization they work with could be treated as a foreign principal, assess whether their advocacy or communications relate to political or governmental processes, and determine whether any of their activities meet the Act’s three‑part test for an arrangement.
Non-compliance
Penalties under the Act focus on knowingly failing to register an arrangement, providing false or misleading information, or obstructing the Commissioner. A person who does not file required information within the timelines commits an offence and may face significant fines or imprisonment. Knowingly supplying false details or hiding material facts is also an offence.
Conclusion
The Foreign Influence Transparency Registry represents a major shift in Canada’s approach to foreign influence and transparency. While aimed at countering non-transparent foreign interference, the Act also captures legitimate advocacy and communications by charities and NFPs when those activities involve foreign principals.
Organizations with international relationships should conduct a careful review of their activities to determine whether registration is required. Given the potential consequences of non-compliance, proactive assessment and documentation are essential.
If your organization works with foreign partners, engages in advocacy, or communicates with public office holders, now is the time to evaluate whether the Act applies to you. Our team of Not-For-Profit & Charities lawyers at Mills & Mills LLP would be happy to guide your organization through a clear assessment of its activities, help determine whether any arrangements trigger registration, and prepare filings or update your governance framework to manage ongoing obligations under the Act.
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