Foreign Interference and Security of Information Act (R.S.C., 1985, c. O-5)

Communications with Foreign Entities or Terrorist Groups

Marginal note:Communicating safeguarded information

• 16 (1) Every person commits an offence who, without lawful authority, communicates to a foreign entity or to a terrorist group information that the Government of Canada or of a province is taking measures to safeguard if

  • (a) the person believes, or is reckless as to whether, the information is information that the Government of Canada or of a province is taking measures to safeguard; and

  • (b) the person intends, by communicating the information, to increase the capacity of a foreign entity or a terrorist group to harm Canadian interests or is reckless as to whether the communication of the information is likely to increase the capacity of a foreign entity or a terrorist group to harm Canadian interests.

• Marginal note:Communicating safeguarded information

  (2) Every person commits an offence who, intentionally and without lawful authority, communicates to a foreign entity or to a terrorist group information that the Government of Canada or of a province is taking measures to safeguard if

  • (a) the person believes, or is reckless as to whether, the information is information that the Government of Canada or of a province is taking measures to safeguard; and

  • (b) harm to Canadian interests results.

• Marginal note:Punishment

  (3) Every person who commits an offence under subsection (1) or (2) is guilty of an indictable offence and is liable to imprisonment for life.

Marginal note:Communicating special operational information

• 17 (1) Every person commits an offence who, intentionally and without lawful authority, communicates special operational information to a foreign entity or to a terrorist group if the person believes, or is reckless as to whether, the information is special operational information.

• Marginal note:Punishment

  (2) Every person who commits an offence under subsection (1) is guilty of an indictable offence and is liable to imprisonment for life.

Marginal note:Breach of trust in respect of safeguarded information

• 18 (1) Every person with a security clearance given by the Government of Canada commits an offence who, intentionally and without lawful authority, communicates, or agrees to communicate, to a foreign entity or to a terrorist group any information that is of a type that the Government of Canada is taking measures to safeguard.

• Marginal note:Punishment

  (2) Every person who commits an offence under subsection (1) is guilty of an indictable offence and is liable to imprisonment for a term of not more than two years.

Economic Espionage

Marginal note:Use of trade secret for the benefit of foreign economic entity

• 19 (1) Every person commits an offence who, at the direction of, for the benefit of or in association with a foreign economic entity, fraudulently and without colour of right and to the detriment of Canada’s economic interests, international relations or national defence or national security

  • (a) communicates a trade secret to another person, group or organization; or

  • (b) obtains, retains, alters or destroys a trade secret.

• Marginal note:Punishment

  (2) Every person who commits an offence under subsection (1) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 10 years.

• Marginal note:Defence

  (3) A person is not guilty of an offence under subsection (1) if the trade secret was

  • (a) obtained by independent development or by reason only of reverse engineering; or

  • (b) acquired in the course of the person’s work and is of such a character that its acquisition amounts to no more than an enhancement of that person’s personal knowledge, skill or expertise.

• Marginal note:Meaning of trade secret

  (4) For the purpose of this section, trade secret means any information, including a formula, pattern, compilation, program, method, technique, process, negotiation position or strategy or any information contained or embodied in a product, device or mechanism that

  • (a) is or may be used in a trade or business;

  • (b) is not generally known in that trade or business;

  • (c) has economic value from not being generally known; and

  • (d) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.

Foreign-influenced or Terrorist-influenced Intimidation, Threats or Violence

Marginal note:Intimidation, threats or violence

• 20 (1) Every person commits an offence who, at the direction of, for the benefit of or in association with, a foreign entity or a terrorist group, induces or attempts to induce, by intimidation, threat or violence, any person to do anything or to cause anything to be done.

• Marginal note:Extraterritorial application

  (2) Despite subsection 26(1), a person who commits an act referred to in subsection (1) while outside Canada is deemed to have committed it in Canada if

  • (a) the victim is in Canada; or

  • (b) the victim is outside Canada and

    • (i) the person or the victim or both are

      • (A) a Canadian citizen,

      • (B) a person who is ordinarily resident in Canada,

      • (C) a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act,

      • (D) a person who owes allegiance to His Majesty in right of Canada, or

      • (E) a person who is locally engaged and who performs their functions in a Canadian mission outside Canada, or

    • (ii) is a person described in any of clauses (i)(A) to (E), the intimidation, threat or violence is in relation to the victim’s child, relative or intimate partner, as defined in section 2 of the Criminal Code, and the child, relative or partner is in or outside Canada.

• Marginal note:Punishment

  (3) Every person who commits an offence under subsection (1) is guilty of an indictable offence and is liable to imprisonment for life.

• Marginal note:Sentences to be served consecutively

  (4) A sentence, other than one of life imprisonment, imposed on a person for an offence under subsection (1) is to be served consecutively to

  • (a) any other sentence imposed on the person, other than one of life imprisonment, for an offence arising out of the same event or series of events; and

  • (b) any other sentence, other than one of life imprisonment, to which the person is subject at the time the sentence is imposed on the person for an offence under subsection (1).

• Marginal note:Application — subsections 26(2) to (4)

  (5) If a person is deemed under this section to have committed an act referred to in subsection (1) in Canada, subsections 26(2) to (4) apply, with any adaptations that may be necessary, to any proceedings in respect of an offence under subsection (1).

• Marginal note:Definition of victim

  (6) For greater certainty, in this section, victim means the person who the person who commits, or is alleged to have committed, the offence under subsection (1) induces or attempts to induce, or is alleged to have induced or attempted to induce, to do anything or to cause anything to be done.

Marginal note:Intimidation, threats or violence outside Canada

• 20.1 (1) Every person commits an offence who, while outside Canada, at the direction of, for the benefit of or in association with, a foreign entity or a terrorist group, induces or attempts to induce, by intimidation, threat or violence, any person outside Canada to do anything or to cause anything to be done

  • (a) that is for the purpose of increasing the capacity of a foreign entity or a terrorist group to harm Canadian interests; or

  • (b) that is reasonably likely to harm Canadian interests.

• Marginal note:Application

  (2) If any of the facts referred to in paragraph 20(2)(b) apply to either the person who is alleged to have committed an act referred to in subsection (1) or the victim, the person who is alleged to have committed the act is to be prosecuted under subsection 20(1).

• Marginal note:Punishment

  (3) Every person who commits an offence under subsection (1) is guilty of an indictable offence and is liable to imprisonment for life.

• Marginal note:Sentences to be served consecutively

  (4) A sentence, other than one of life imprisonment, imposed on a person for an offence under subsection (1) is to be served consecutively to

  • (a) any other sentence imposed on the person, other than one of life imprisonment, for an offence arising out of the same event or series of events; and

  • (b) any other sentence, other than one of life imprisonment, to which the person is subject at the time the sentence is imposed on the person for an offence under subsection (1).

• Marginal note:Application — subsections 26(2) to (4)

  (5) Subsections 26(2) to (4) apply, with any adaptations that may be necessary, to any proceedings in respect of an offence under subsection (1).

• Marginal note:Definition of victim

  (6) For greater certainty, in this section, victim means the person who the person who commits, or is alleged to have committed, the offence under subsection (1) induces or attempts to induce, or is alleged to have induced or attempted to induce, to do anything or to cause anything to be done.

Indictable Offence Committed for a Foreign Entity

Marginal note:Committing indictable offence for foreign entity

• 20.2 (1) Every person who commits an indictable offence under this or any other Act of Parliament at the direction of, for the benefit of or in association with, a foreign entity is guilty of an indictable offence and is liable to imprisonment for life.

• Marginal note:Sentences to be served consecutively

  (2) A sentence, other than one of life imprisonment, imposed on a person for an offence under subsection (1) is to be served consecutively to

  • (a) any other sentence imposed on the person, other than one of life imprisonment, for an offence arising out of the same event or series of events; and

  • (b) any other sentence, other than one of life imprisonment, to which the person is subject at the time the sentence is imposed on the person for an offence under subsection (1).

Conduct or Omission for a Foreign Entity

Marginal note:Engaging in surreptitious or deceptive conduct

• 20.3 (1) Every person commits an indictable offence who, at the direction of, for the benefit of or in association with, a foreign entity, knowingly engages in surreptitious or deceptive conduct or omits, surreptitiously or with the intent to deceive, to do anything if the person’s conduct or omission is for a purpose prejudicial to the safety or interests of the State or the person is reckless as to whether their conduct or omission is likely to harm Canadian interests.

• Marginal note:Punishment

  (2) Every person who commits an offence under subsection (1) is liable to imprisonment for life.

• Marginal note:Sentences to be served consecutively

  (3) A sentence, other than one of life imprisonment, imposed on a person for an offence under subsection (1) is to be served consecutively to

  • (a) any other sentence imposed on the person, other than one of life imprisonment, for an offence arising out of the same event or series of events; and

  • (b) any other sentence, other than one of life imprisonment, to which the person is subject at the time the sentence is imposed on the person for an offence under subsection (1).

Political Interference for a Foreign Entity

Marginal note:Influencing political or governmental process

• 20.4 (1) Every person commits an indictable offence who, at the direction of, or in association with, a foreign entity, engages in surreptitious or deceptive conduct with the intent to influence a political or governmental process, educational governance, the performance of a duty in relation to such a process or such governance or the exercise of a democratic right in Canada.

• Marginal note:Punishment

  (2) Every person who commits an offence under subsection (1) is liable to imprisonment for life.

• Marginal note:Sentences to be served consecutively

  (3) A sentence, other than one of life imprisonment, imposed on a person for an offence under subsection (1) is to be served consecutively to

  • (a) any other sentence imposed on the person, other than one of life imprisonment, for an offence arising out of the same event or series of events; and

  • (b) any other sentence, other than one of life imprisonment, to which the person is subject at the time the sentence is imposed on the person for an offence under subsection (1).

• Marginal note:Definitions

  (4) The following definitions apply in this section.

  educational governance

  educational governance means the governance of a school board or primary or secondary school, college, university or other institution of higher learning or training institution in Canada. (gouvernance scolaire)

  political or governmental process

  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

  public office holder means any of the following individuals:

  • (a) any officer or employee of His Majesty in right of Canada and includes

    • (i) a member of the Senate or the House of Commons and any person on the staff of such a member,

    • (ii) a person who is appointed to any office or body by or with the approval of the Governor in Council or a minister of the Crown, other than a judge receiving a salary under the Judges Act or the lieutenant governor of a province,

    • (iii) an officer, director or employee of any federal board, commission or other tribunal, as defined in subsection 2(1) of the Federal Courts Act,

    • (iv) a member of the Canadian Forces, and

    • (v) a member of the Royal Canadian Mounted Police;

  • (b) members of the legislature of a province or persons on the staff of such members;

  • (c) employees of the government of a province;

  • (d) members of a council or other statutory body charged with the administration of the civil or municipal affairs of a city, town, municipality or district, persons on the staff of such members or officers or employees of a city, town, municipality or district;

  • (e) members of the council of a band, as defined in subsection 2(1) of the Indian Act, or of the council of an Indian band established by an Act of Parliament, persons on their staff or employees of such a council;

  • (f) members of an aboriginal government or institution that exercises jurisdiction or authority under a self-government agreement, or under self-government provisions contained in a land claims agreement, given effect by or under an Act of Parliament, persons on the staff of those members or employees of that government or institution;

  • (g) an officer or employee of an entity that represents the interests of First Nations, the Inuit or the Métis. (titulaire d’une charge publique)

• Marginal note:Application

  (5) This section applies to any of the following political or governmental processes in Canada:

  • (a) federal political or governmental processes;

  • (b) provincial or territorial political or governmental processes;

  • (c) municipal political or governmental processes;

  • (d) 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.