Countering Foreign Interference Act (S.C. 2024, c. 16)
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Assented to 2024-06-20
PART 2Measures to Counter Foreign Interference (continued)
DIVISION 1R.S., c. O-5; 2001, c. 41, s. 25Security of Information Act (continued)
Consequential Amendments
R.S., c. N-5National Defence Act
58 Paragraph 183.6(3)(c) of the National Defence Act is replaced by the following:
(c) an offence punishable under section 130 that is an offence under subsection 16(1) or (2), 17(1), 19(1), 20(1), 20.1(1), 20.2(1), 20.3(1), 20.4(1) or 22(1) of the Foreign Interference and Security of Information Act;
2019, c. 13National Security Act, 2017
59 Paragraph 82(1)(d) of the National Security Act, 2017 is replaced by the following:
(d) Schedule 1 to the Foreign Interference and Security of Information Act;
DIVISION 2R.S., c. C-46Criminal Code
60 (1) The portion of subsection 52(1) of the Criminal Code before paragraph (a) is replaced by the following:
Marginal note:Sabotage
52 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years or is guilty of an offence punishable on summary conviction who does a prohibited act with the intent to endanger
(2) Section 52 of the Act is amended by adding the following after subsection (4):
Marginal note:For greater certainty
(5) For greater certainty, no person commits an offence under subsection (1) if they do a prohibited act while participating in advocacy, protest or dissent but they do not intend to cause any of the harms referred to in paragraphs (1)(a) and (b).
61 The Act is amended by adding the following after section 52:
Marginal note:Sabotage — essential infrastructure
52.1 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years or is guilty of an offence punishable on summary conviction who interferes with access to an essential infrastructure or causes an essential infrastructure to be lost, inoperable, unsafe or unfit for use with the intent to
(a) endanger the safety, security or defence of Canada;
(b) endanger the safety or security of the naval, army or air forces of any state other than Canada that are lawfully present in Canada; or
(c) cause a serious risk to the health or safety of the public or any segment of the public.
Marginal note:Definition of essential infrastructure
(2) In this section, essential infrastructure means a facility or system, whether public or private, completed or under construction, that provides or distributes — or is intended to provide or distribute — services that are essential to the health, safety, security or economic well-being of persons in Canada, including the following:
(a) transportation infrastructure;
(b) information and communication technology infrastructure;
(c) water and wastewater management infrastructure;
(d) energy and utilities infrastructure;
(e) health services infrastructure;
(f) food supply and food services infrastructure;
(g) government operations infrastructure;
(h) financial infrastructure; and
(i) any other infrastructure prescribed by regulations.
Marginal note:Saving — stop work
(3) No person commits an offence under subsection (1) by reason only that
(a) they stop work as a result of the failure of their employer and themselves to agree on any matter relating to their employment;
(b) they stop work as a result of the failure of their employer and a bargaining agent acting on their behalf to agree on any matter relating to their employment; or
(c) they stop work as a result of their taking part in a combination of workers or employees for their own reasonable protection as workers or employees.
Marginal note:Saving — obtaining or communicating information
(4) No person commits an offence under subsection (1) by reason only that they attend at or near or approach a dwelling-house or place for the purpose only of obtaining or communicating information.
Marginal note:For greater certainty
(5) For greater certainty, no person commits an offence under subsection (1) if they interfere with access to an essential infrastructure or cause an essential infrastructure to be lost, inoperable, unsafe or unfit for use while participating in advocacy, protest or dissent but they do not intend to cause any of the harms referred to in paragraphs (1)(a) to (c).
Marginal note:Regulations
(6) The Governor in Council may make regulations prescribing any infrastructure for the purpose of paragraph (i) of the definition essential infrastructure in subsection (2).
Marginal note:Sabotage — device
52.2 (1) Every person commits an offence who makes, possesses, sells or distributes a device intending that it be used or knowing that it will be used, in whole or in part, to carry out an offence under subsection 52(1) or 52.1(1).
Marginal note:Punishment
(2) Every person who commits an offence under subsection (1)
(a) is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years; or
(b) is guilty of an offence punishable on summary conviction.
Marginal note:Definition of device
(3) For the purposes of this section, device includes a computer program as defined in subsection 342.1(2).
Marginal note:Attorney General’s consent
52.3 No proceeding for an offence under subsection 52(1), 52.1(1) or 52.2(1) shall be instituted without the Attorney General’s consent.
62 The definition offence in section 183 of the Act is amended by adding the following after subparagraph (a)(iii):
(iii.01) section 52.1 (sabotage — essential infrastructure),
(iii.02) section 52.2 (sabotage — device),
63 (1) Paragraph 185(1.1)(a) of the Act is replaced by the following:
(a) an offence under section 52, 52.1, 52.2, 467.11, 467.111, 467.12 or 467.13;
(2) Subsection 185(1.1) of the Act is amended by striking out “or” at the end of paragraph (b) and by adding the following after that paragraph:
(b.1) an offence under subsection 20(1), 20.1(1), 20.2(1), 20.3(1) or 20.4(1) of the Foreign Interference and Security of Information Act; or
64 (1) Paragraph 186(1.1)(a) of the Act is replaced by the following:
(a) an offence under section 52, 52.1, 52.2, 467.11, 467.111, 467.12 or 467.13;
(2) Subsection 186(1.1) of the Act is amended by striking out “or” at the end of paragraph (b) and by adding the following after that paragraph:
(b.1) an offence under subsection 20(1), 20.1(1), 20.2(1), 20.3(1) or 20.4(1) of the Foreign Interference and Security of Information Act; or
65 (1) Paragraph 186.1(a) of the Act is replaced by the following:
(a) an offence under section 52, 52.1, 52.2, 467.11, 467.111, 467.12 or 467.13;
(2) Section 186.1 of the Act is amended by striking out “or” at the end of paragraph (b) and by adding the following after that paragraph:
(b.1) an offence under subsection 20(1), 20.1(1), 20.2(1), 20.3(1) or 20.4(1) of the Foreign Interference and Security of Information Act; or
66 Paragraph 196(5)(a) of the Act is replaced by the following:
(a) an offence under section 52, 52.1, 52.2, 467.11, 467.111, 467.12 or 467.13,
67 (1) Paragraph 196.1(5)(a) of the Act is replaced by the following:
(a) an offence under section 52, 52.1, 52.2, 467.11, 467.12 or 467.13;
(2) Subsection 196.1(5) of the Act is amended by striking out “or” at the end of paragraph (b) and by adding the following after that paragraph:
(b.1) an offence under subsection 20(1), 20.1(1), 20.2(1), 20.3(1) or 20.4(1) of the Foreign Interference and Security of Information Act; or
68 Paragraph 462.48(1.1)(c) of the Act is replaced by the following:
(c) an offence against section 52, 52.1, 52.2, 467.11, 467.111, 467.12 or 467.13, or a conspiracy or an attempt to commit, or being an accessory after the fact in relation to, such an offence;
69 Paragraph 486.5(2.1)(c) of the Act is replaced by the following:
(c) an offence under subsection 16(1) or (2), 17(1), 19(1), 20(1), 20.1(1), 20.2(1), 20.3(1), 20.4(1) or 22(1) of the Foreign Interference and Security of Information Act; or
70 (1) Subparagraph (c.1)(ii) of the definition primary designated offence in section 487.04 of the Act is replaced by the following:
(ii) subsection 20(1) (intimidation, threats or violence),
(ii.1) subsection 20.1(1) (intimidation, threats or violence outside Canada),
(ii.2) subsection 20.2(1) (committing indictable offence for foreign entity),
(ii.3) subsection 20.3(1) (engaging in surreptitious or deceptive conduct),
(ii.4) subsection 20.4(1) (influencing political or governmental process), and
(2) The definition secondary designated offence in section 487.04 of the Act is amended by adding the following after subparagraph (c)(i):
(i.0001) subsection 52.1(1) (sabotage — essential infrastructure),
(i.0002) subsection 52.2(1) (sabotage — device),
71 (1) Paragraph 515(4.1)(e) of the Act is replaced by the following:
(e) an offence under subsection 20(1), 20.1(1), 20.2(1), 20.3(1) or 20.4(1) of the Foreign Interference and Security of Information Act, or an offence under subsection 21(1) or 22(1) or section 23 of that Act that is committed in relation to an offence under subsection 20(1), 20.1(1), 20.2(1), 20.3(1) or 20.4(1) of that Act,
(2) Paragraph 515(4.3)(d) of the Act is replaced by the following:
(d) an offence under subsection 20(1), 20.1(1), 20.2(1), 20.3(1) or 20.4(1) of the Foreign Interference and Security of Information Act, or an offence under subsection 21(1) or 22(1) or section 23 of that Act that is committed in relation to an offence under subsection 20(1), 20.1(1), 20.2(1), 20.3(1) or 20.4(1) of that Act.
(3) Subparagraphs 515(6)(a)(iv) and (v) of the Act are replaced by the following:
(iv) that is an offence under subsection 16(1) or (2), 17(1), 19(1), 20(1), 20.1(1), 20.1(1), 20.3(1), 20.4(1) or 22(1) of the Foreign Interference and Security of Information Act,
(v) that is an offence under subsection 21(1) or section 23 of the Foreign Interference and Security of Information Act committed in relation to an offence referred to in subparagraph (iv),
DIVISION 3Coordinating Amendments and Coming into Force
Coordinating Amendments
Marginal note:2023, c. 32
72 On the first day on which both subsection 13.3(1) of An Act to amend certain Acts and to make certain consequential amendments (firearms), chapter 32 of the Statutes of Canada, 2023, and subsection 71(1) of this Act are in force, paragraph 515(4.1)(e) of the English version of the Criminal Code is replaced by the following:
(e) an offence under subsection 20(1), 20.1(1), 20.2(1), 20.3(1) or 20.4(1) of the Foreign Interference and Security of Information Act, or an offence under subsection 21(1) or 22(1) or section 23 of that Act that is committed in relation to an offence under subsection 20(1), 20.1(1), 20.2(1), 20.3(1) or 20.4(1) of that Act,
Marginal note:2023, c. 32 and Bill C-332
73 If a provision of any of the following Acts (in this section referred to as the “other Act”) that amends subsection 515(4.1) of the Criminal Code comes into force or, in the case of a coordinating amendment, produces its effects on or after the day on which subsection 71(1) comes into force, on the day on which that provision of the other Act comes into force or produces its effects, as the case may be, subsection 515(4.1) of the French version of the Criminal Code is amended by replacing “d’une infraction visée au paragraphe 20(1) de la Loi sur la protection de l’information, ou d’une infraction visée aux paragraphes 21(1) ou 22(1) ou à l’article 23 de cette loi commise à l’égard d’une infraction visée au paragraphe 20(1)” with “d’une infraction visée aux paragraphes 20(1), 20.1(1), 20.2(1), 20.3(1) ou 20.4(1) de la Loi sur l’ingérence étrangère et la protection de l’information, ou d’une infraction visée aux paragraphes 21(1) ou 22(1) ou à l’article 23 de cette loi commise à l’égard d’une infraction visée aux paragraphes 20(1), 20.1(1), 20.2(1), 20.3(1) ou 20.4(1)”:
(a) An Act to amend certain Acts and to make certain consequential amendments (firearms), chapter 32 of the Statutes of Canada, 2023; or
(b) An Act to amend the Criminal Code (coercive control of intimate partner), if Bill C-332 introduced in the 1st session of the 44th Parliament receives royal assent.
Marginal note:Bill C-20
74 (1) Subsections (2) to (5) apply if Bill C-20, introduced in the 1st session of the 44th Parliament and entitled the Public Complaints and Review Commission Act (in this section referred to as the “other Act”), receives royal assent.
(2) If section 55 of this Act comes into force before section 125 of the other Act, then that section 125 is replaced by the following:
125 Schedule 1 to the Foreign Interference and Security of Information Act is amended by striking out the following:
Civilian Review and Complaints Commission for the Royal Canadian Mounted Police
Commission civile d’examen et de traitement des plaintes relatives à la Gendarmerie royale du Canada
(3) If section 55 of this Act comes into force on the same day as section 125 of the other Act, then that section 125 is deemed to have come into force before that section 55.
(4) If section 55 of this Act comes into force before section 126 of the other Act, then that section 126 is replaced by the following:
126 Schedule 1 to the Act is amended by adding the following in alphabetical order:
Public Complaints and Review Commission
Commission d’examen et de traitement des plaintes du public
(5) If section 55 of this Act comes into force on the same day as section 126 of the other Act, then that section 126 is deemed to have come into force before that section 55.
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