New legislation may affect international research
Photo by Ethan Barkley.
The Canadian Parliament has recently tabled Bill C-70, a comprehensive bill that seeks to address the threat of foreign interference in Canadian politics. Members of U15, an association of 15 major Canadian research universities, fear that the bill could compromise international research opportunities. UVic is not a member of U15, but as a research-facilitating institution, it is not immune to the bill’s potential impact.
The goals of the bill, according to its Charter Statement, are to create a “number of measures that would modernize and fill gaps in existing legislation, strengthening the tools available to combat foreign interference and to protect national security.”
The Charter Statement states that foreign interference in Canada has increased in volume and complexity in recent years. Additionally, although foreign states typically advance their interests legitimately, they sometimes do so in ways that are deceptive and covert, or harmful to Canada’s national interest.
Included in Bill C-70 is the Foreign Influence Transparency and Accountability Act (FITAA). This Act has set off alarm bells for many Canadian universities, who fear that it may seriously impact international research efforts.
So, what does FITAA do?
Simply put, FITAA would require any arrangements between individuals or organizations working with a “foreign principal” (a foreign power, state, entity or economic entity) to be registered with the federal government if the arrangement relates to an ongoing political or governmental process in Canada, and if it involves communication either directly to the public, or with a public officer.
The bill would also impose new criminal and financial penalties on those who fail to report such arrangements.
The U15 group has requested clarification if the Act’s definition of “arrangement” would include international research activities such as partnerships and funding agreements, given that publicly funded research universities in other countries would likely fall under the definition of “foreign entity” used by the Act.
Notably, FITAA specifies the need for registration if the arrangement would communicate or disseminate information to the public “by any means, including social media”. As such, U15 also wants to know if published research, conferences, or other public forums would be considered “communication” to the public under the Act’s definition.
FITAA requires all arrangements be reported to the Foreign Influence Transparency Commissioner within 14 days, a requirement that the U15 group says is “simply impossible” given the size and scope of modern universities and their research activities.
While the new legislation would not prohibit research arrangements with foreign institutions, U15 warned of a potential “chilling effect” that may harm Canadian researchers’ chances of participating in ongoing international research. Faced with FITAA’s 14-day reporting requirement, Canadian universities may instead choose to abstain from participating in research with international partners, meaning Canadian researchers might miss out on opportunities to do important work.
UVic declined to comment on the Bill and its possible impact on research at the university.
As of June 19, Bill C-70 has passed a review by the Senate and awaits Royal Assent before it becomes law.
