Interpretation bulletin: Public office holder
Effective Date: August 4, 2026
Purpose
- Provides clarity on the definition of public office holders in section 2 of the Foreign Influence Transparency and Accountability Act (FITAA or the Act)
- Outlines the classes of public office holders
- Provides guidance on how to register information concerning public office holders
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
- Public office holders may be the targets of influence activities conducted as a part of an arrangement with a foreign principal
- FITAA and Regulations identifies the classes of individuals which are public office holders at the federal, provincial, territorial and municipal levels of government, as well as in Indigenous communities
- Depending on the number of public office holders targeted, persons with an arrangement will be required to provide details regarding each public office holder or the classes of public office holders in the registration form
Legislative framework
FITAA's definition of public office holder is set out in section 2 of the Act:
- A public office holder as defined in subsection 2(1) of the Lobbying Act
- An individual referred to in any of paragraphs 4(1)(a) to (c) of that Act
- An individual referred to in paragraph 4(1)(d) or (d.1) of that Act
- an officer or employee of an entity referred to in subparagraph 4(c)(ii) of this Act
Section 2 of the Foreign Influence Transparency and Accountability Regulations (FITAA Regulations) identifies additional classes:
- Officers or employees of a division or branch of the federal public administration referred to in column I of Schedule I.1 to the Financial Administration Act, of a departmental corporation referred to in Schedule II to that Act or of a Crown corporationas defined in subsection 83(1) of that Act
- Officers or employees of His Majesty in right of a province or of the government of a territory, including officers or employees of any provincial or territorial board, commission, office or tribunal and any individual, other than a judge of a provincial or territorial court, who is appointed to an office or body by or with the approval of the lieutenant governor in council or a minister of a province or territory
- Officers or employees of a corporation that is wholly owned directly by His Majesty in right of a province or the government of a territory
- Officers or employees of a municipal board or commission
- Trustees, officers or employees of a school board
Interpretation
Public office holders hold positions at the federal, provincial, territorial and municipal levels of government in Canada, as well as in Indigenous communities. They carry out key functions such as administering programs, representing their constituents and negotiating government contracts. If, as part of an arrangement, you target a public office holder, you will need to register.
Indigenous public office holders
There is currently no obligation to register influence activities that target Indigenous public office holders as paragraphs (c) and (d) of the definition of public office holder in section 2 of the Act are not yet in force. Indigenous public office holders are:
- 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
- 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
- Any other entity that represents the interests of First Nations, the Inuit or the Métis
Classes of public office holders
The following tables outline classes of public office holders as defined by FITAA and its regulations, excluding Indigenous public office holders. Many of FITAA's definitions draw from the Lobbying Act, and, when relevant, references its subsections.
| Classes of Public Office Holders | Examples of positions | Legislation reference |
|---|---|---|
| A member of the Senate | Senator | FITAA, section 2, public office holder (a): As defined in subsection 2(1) of the Lobbying Act. |
| Staff of a member of the Senate |
|
FITAA, section 2, public office holder (a): As defined in subsection 2(1) of the Lobbying Act |
| A member of the House of Commons |
|
FITAA, section 2, public office holder (a): As defined in subsection 2(1) of the Lobbying Act |
| Staff of a member of the House of Commons | Chief of staff | FITAA, section 2, public office holder (a): As defined in subsection 2(1) of the Lobbying Act |
| 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 | Minister | FITAA, section 2, public office holder (a): As defined in subsection 2(1) of the Lobbying Act |
| An officer, director or employee of any federal board, commission or other tribunal as defined in the Federal Courts Act |
|
FITAA, section 2, public office holder (a): As defined in subsection 2(1) of the Lobbying Act |
| A member of the Canadian Armed Forces |
|
FITAA, section 2, public office holder (a): As defined in subsection 2(1) of the Lobbying Act |
| A member of the Royal Canadian Mounted Police |
|
FITAA, section 2, public office holder (a): As defined in subsection 2(1) of the Lobbying Act |
| Officer or employee of a division or branch of the federal public administration referred to in column I of Schedule I.1 to the Financial Administration Act |
|
FITAA, section 2, public office holder (a): FITAA Regulations, paragraph 2(a) |
| Officer or employee of a departmental corporation |
Auditor | FITAA Regulations, paragraph 2(a) |
| Officer or employee of Crown corporation |
Chief executive officer | FITAA Regulations, paragraph 2(a) |
| Classes of public office holders | Examples of positions | Legislation reference |
|---|---|---|
| A member of the legislature of a province or territory |
|
FITAA, section 2, public office holder (b): An individual referred to in any of paragraphs 4(1)(a) to (c) of the Lobbying Act |
| Staff of a member of the legislature of a province or territory | Chief of staff | FITAA, section 2, public office holder (b): An individual referred to in any of paragraphs 4(1)(a) to (c) of the Lobbying Act |
| Officer or employee of His Majesty in right of a province or of the government of a territory / employees of the government of a province |
|
FITAA, section 2, public office holder (b): FITAA Regulations, paragraph 2(b) |
| Officer or employee of any provincial or territorial board, commission, office or tribunal | Chairperson | FITAA Regulations, section paragraph 2(c) |
| Any individual, other than a judge of a provincial or territorial court, who is appointed to an office or body by or with the approval of the lieutenant governor in council or a minister of a province or territory | Deputy Minister | FITAA Regulations, paragraph 2(c) |
| Officer or employee of a corporation that is wholly owned directly by His Majesty in the right of a province or territory |
Crown corporation employee | FITAA Regulations, paragraph 2(c) |
| Classes of public office holders | Examples of positions | Legislation reference |
|---|---|---|
| Member of a council or other statutory body charged with the administration of the civil or municipal affairs of a city, town, municipality or district |
|
FITAA, section 2, public office holder (b): An individual referred to in any of paragraphs 4(1)(a) to (c) of the Lobbying Act |
| Staff of a member of a council or other statutory body charged with the administration of the civil or municipal affairs of a city, town, municipality or district |
Councilor aide | FITAA, section 2, public office holder (b): An individual referred to in any of paragraphs 4(1)(a) to (c) of the Lobbying Act |
| Officer or employee of a municipal board or commission |
|
FITAA Regulations, paragraph 2(d) |
| School board trustee, officer or employee |
Elected school board trustee | FITAA Regulations, paragraph 2(e) |
Registration guidance
When completing the registration form, you will be asked to provide information about the public office holder(s) targeted.
Registration form
Information about the arrangement
In section three of the registration form, you will be asked to provide general information about the arrangement, including who you are targeting. The information you provide for this field does not need to describe the classes of public office holders. Entering "public office holders" is sufficient for this section.
Information about the activities
In section four of the registration form, you will be guided through a series of pages, each dedicated to a specific type of activity. Each page includes different sets of questions regarding public office holders, depending on the number of public office holders targeted.
- If the activity targets one to five public office holders you will be prompted provide details about each public office holder targeted, such as the name and jurisdiction
- If the activity targets six or more public office holders you will need to provide the classes of public office holders targeted using the naming convention provided in the above table
Questions and further information
For questions regarding the interpretation or application of FITAA 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