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Foreign interferenceCEO Appearance on the 44th General Election before the Standing Committee on Procedure and House Affairs

Key Messages

  • We work with Government of Canada intelligence and security agencies to understand and mitigate foreign interference in federal elections. Each has a distinct role to play.
  • Our mandate is to identify and address misinformation and disinformation on the voting process, whether the source of disinformation is domestic or foreign.
  • There are also rules in the Canada Elections Act that prohibit the use of foreign funds for partisan activities. Cases of suspected wrongdoing are referred to the Commissioner of Canada Elections.

Facts

Role of Elections Canada

  • Elections Canada coordinates with other departments and agencies that contribute to election security, including the Communications Security Establishment (CSE), the Canadian Security Intelligence Service (CSIS), and Global Affairs Canada's Rapid Response Mechanism (RRM), among others. We meet regularly to share information; discuss roles, responsibilities and protocols under potential scenarios; plan communications; and detect and respond to threats.
  • With the support of national security and intelligence agencies, Elections Canada can focus on its top priority: administering elections and making sure Canadians can exercise their democratic rights to register, vote and be a candidate.

Canada Elections Act (CEA)

  • There are a number of provisions that prohibit activities and spending by foreign entities in Canadian elections. Among them:
    • Only individual Canadian citizens or permanent residents may contribute to parties, candidates, electoral district associations and leadership and nomination contestants (363(1)).
    • Foreign entities may not incur regulated expenses as a third party (s. 351.1).
    • Third parties may not use foreign funds for regulated activities (including advertising or partisan activities at any time) (s. 349.02).
    • During an election period, it is illegal for any foreign person or entity to unduly influence an elector to vote or refrain from voting for a particular candidate or registered party including by incurring expenses to promote a party or candidate or committing an offence under a federal or provincial law (s. 282.4(2)).
    • Despite the above prohibition the Act provides that certain actions are not illegal undue influence, including expressing an opinion about the outcome or desired outcome of the election, encouraging electors to vote for someone at the election, or engaging in media activities at the election such as interviews, columns or news.
    • Foreign broadcasting stations may not be used to influence a person to vote or refrain from voting per se or to vote for or against a particular candidate or party (s. 330).

Role of the Commissioner of Canada Elections (CCE)

  • Allegations of foreign interference can be directed to the Commissioner of Canada Elections (CCE), whose office is responsible for ensuring that the Canada Elections Act is complied with and enforced.
  • Anyone who thinks that someone may have committed an offence under the Canada Elections Act, can contact the CCE to make a complaint. If a complaint falls within their mandate, the Commissioner can investigate and, if required, take compliance or enforcement action.
  • Anyone with concerns about foreign interference in the democratic process can contact local law enforcement or CSIS.