Interpretation bulletin : Application to licensed legal professionals

Effective date: August 4, 2026

Purpose

This interpretation bulletin provides guidance for when licensed legal professionals must provide information to the Foreign Influence Transparency Commissioner via a registration form as per the Foreign Influence Transparency and Accountability Act (FITAA).

Interpretation bulletins are not binding and are not a substitute for the law. They are intended as a guide for compliance with FITAA, but should be read in light of FITAA, the Foreign Influence Transparency and Accountability Regulations ("Regulations"), court decisions and decisions of the Commissioner. If there is a discrepancy between an interpretation bulletin and FITAA or the Regulations, FITAA and the Regulations take precedence. Interpretation bulletins may evolve and be further refined over time.

Summary

Not a registerable activity

• providing legal advice which is subject to solicitor–client privilege to a foreign principal
• representing a foreign principal during litigation proceedings, as judicial processes are not considered Canadian political or governmental processes under FITAA
• representing a foreign principal during a private proceeding which does not involve a Canadian political or governmental process

Registerable activity

Executing an influence activity – which is separate and distinct from providing legal advice – in relation to a political or governmental process as a part of an arrangement with a foreign principal.

Legislative framework and interpretation

Influence activities

An arrangement must be registered when an individual or organization undertakes to carry out, under the direction of or in association with a foreign principal, specific influence activities in relation to a political or governmental process in Canada.

The following are considered influence activities under the Act:

1. communicating with a public office holder
2. communicating, disseminating, or causing the communication or dissemination of information, by any means (including social media), related to a political or governmental process
3. distributing money or items of value, or providing a service or the use of a facility

Provision of legal advice

Providing advice, which is subject to solicitor-client privilege, to a foreign principal is not considered an influence activity under FITAA. This activity does not count as an influence activity as it does not involve communicating with or providing a benefit to members of the public or public office holders in an attempt to sway their position on a Canadian political or governmental process.

Political and governmental processes

FITAA identifies which political or governmental process targeted by influence activities would trigger a registration obligation. Those include:

1. any proceeding of a legislative body
2. the development of a legislative proposal
3. the development or amendment of any policy or program
4. the making of a decision by a public office holder or government body, including the awarding of a contract
5. the holding of an election or referendum
6. the nomination of a candidate or the development of an electoral platform by a political party

These processes involve those led by the legislative and executive branches of government, as well as electoral processes. They include the development of legislation, regulations and policies, awarding of government contracts and campaigning on behalf of an electoral candidate. Judicial processes—such as proceedings before courts—are not included in the definition of a political or governmental process. Private proceedings which do not involve a political or governmental process, are also not considered political or governmental processes.

Representing a foreign principal during judicial or private proceedings: Activities undertaken solely in relation to judicial and private proceedings, such as representing a foreign principal before court, do not trigger a registration obligation.

Obligations to register

Licensed legal services professionals are required to register as per FITAA's established timeframes if they enter into an arrangement with a foreign principal to conduct influence activities in relation to a Canadian political or governmental process.

Influence activities are distinct from providing legal advice protected by solicitor-client privilege to the foreign principal. Examples of influence activities where a licensed legal professional is required to register include:

• representing a foreign principal during engagements with public office holders for the purpose of securing financial support for project
• submitting responses to regulatory, legislative or other government matters, such as requests for proposals, on behalf of a foreign principal
• meeting with a public office holder on behalf of a foreign principal to influence program, policy or regulatory development
• executing advocacy campaigns on behalf of a foreign principal

Questions and further information

For questions regarding the interpretation or application of FITAA to licensed legal services professionals, contact the Office of the Foreign Influence Commissioner of Canada.

Consult other interpretation bulletins that serve as a guide for complying with the Act: Interpretation bulletins issued by the Commissioner.

Anton Boegman
Foreign Influence Transparency Commissioner