The Foreign Influence Transparency and Accountability Act (FITAA) came into force on August 4, and the Federation of Law Societies of Canada has issued a bulletin to help lawyers understand their obligations under the new regime.
Registration requirements for legal practitioners
FITAA creates a public registry that requires anyone who arranges activities with a foreign principal to register with the Office of the Foreign Influence Commissioner of Canada. The rule applies when the activity is intended to influence a Canadian political or governmental process. Licensed lawyers who fall within this scope must file a registration form within 14 days of the arrangement.
If the arrangement predates the August 4 start date, the deadline extends to October 3. The law exempts governments and parliamentary bodies acting under official mandates from the registration requirement.
The act does not automatically apply to the provision of legal representation in court or private disputes, nor to standard legal advice. The bulletin notes that “providing advice, which is subject to solicitor‑client privilege, to a foreign principal is not considered an influence activity under FITAA.”
What counts as an influence activity?
Legal professionals must still assess whether any part of their work with a foreign client meets FITAA’s definition of an influence activity. This includes certain communications with public office holders and actions linked to political or governmental processes. The bulletin advises lawyers to keep confidentiality obligations and solicitor‑client privilege at the forefront of their analysis.
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Law societies across the country have echoed the bulletin’s guidance. The Law Society of British Columbia, in particular, reminded its members to study the interpretation carefully when representing foreign governments, state‑owned enterprises, or other foreign principals.
Next steps for the legal community
Law firms are now expected to review existing client relationships and determine whether any ongoing work falls within FITAA’s scope. Those that identify applicable arrangements must submit the required registration by the stipulated deadlines.
The Federation of Law Societies of Canada stresses that the registration process is a matter of public transparency and that failure to comply could result in enforcement action.
Compliance is now mandatory.
While the bulletin provides detailed guidance, it leaves room for interpretation in complex cases. Lawyers are encouraged to seek clarification from the Office of the Foreign Influence Commissioner if uncertainty persists.
