Special Economic Measures Act (S.C. 1992, c. 17)

Act current to 2014-09-01 and last amended on 2003-07-01. Previous Versions

Special Economic Measures Act

S.C. 1992, c. 17

Assented to 1992-06-04

An Act to provide for the imposition of special economic measures

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

Marginal note:Short title

 This Act may be cited as the Special Economic Measures Act.

INTERPRETATION

Marginal note:Definitions

 In this Act,

“Canadian”

« Canadien »

“Canadian” means a person who is a citizen within the meaning of the Citizenship Act or a body corporate incorporated or continued by or under the laws of Canada or of a province;

“entity”

« entité »

“entity” means a body corporate, trust, partnership, fund, an unincorporated association or organization or a foreign state;

“foreign state”

« État étranger »

“foreign state” means a country other than Canada, and includes

  • (a) any political subdivision of a foreign state,

  • (b) the government, and any department, of a foreign state or of a political subdivision thereof, and

  • (c) any agency of a foreign state or of a political subdivision thereof;

“national”

« nationaux »

“national”, in relation to a foreign state, means an individual who possesses the nationality of that state as determined in accordance with the laws of that state or a body corporate incorporated or continued by or under the laws of that state;

“person”

« personne »

“person” means an individual or an entity;

“property”

« bien »

“property” means any real or personal property;

“technical data”

« données techniques »

“technical data” includes blueprints, technical drawings, photographic imagery, computer software, models, formulas, engineering designs and specifications, technical and operating manuals and any technical information or know-how.

HER MAJESTY

Marginal note:Binding on Her Majesty

 This Act is binding on Her Majesty in right of Canada or a province.

ORDERS AND REGULATIONS

Marginal note:Orders and regulations
  •  (1) The Governor in Council may, for the purpose of implementing a decision, resolution or recommendation of an international organization of states or association of states, of which Canada is a member, that calls on its members to take economic measures against a foreign state, or where the Governor in Council is of the opinion that a grave breach of international peace and security has occurred that has resulted or is likely to result in a serious international crisis,

    • (a) make such orders or regulations with respect to the restriction or prohibition of any of the activities referred to in subsection (2) in relation to a foreign state as the Governor in Council considers necessary; and

    • (b) by order, cause to be seized, frozen or sequestrated in the manner set out in the order any property situated in Canada that is held by or on behalf of

      • (i) a foreign state,

      • (ii) any person in that foreign state, or

      • (iii) a national of that foreign state who does not ordinarily reside in Canada.

  • Marginal note:Restricted or prohibited activities

    (2) Orders and regulations may be made pursuant to paragraph (1)(a) with respect to the restriction or prohibition of any of the following activities, whether carried out in or outside Canada, in relation to a foreign state:

    • (a) any dealing by any person in Canada or Canadian outside Canada in any property wherever situated held by or on behalf of that foreign state, any person in that foreign state, or a national of that foreign state who does not ordinarily reside in Canada;

    • (b) the exportation, sale, supply or shipment by any person in Canada or Canadian outside Canada of any goods wherever situated to that foreign state or any person in that foreign state, or any other dealing by any person in Canada or Canadian outside Canada in any goods wherever situated destined for that foreign state or any person in that foreign state;

    • (c) the transfer, provision or communication by any person in Canada or Canadian outside Canada of any technical data to that foreign state or any person in that foreign state;

    • (d) the importation, purchase, acquisition or shipment by any person in Canada or Canadian outside Canada of any goods that are exported, supplied or shipped from that foreign state after a date specified in the order or regulations, or any other dealing by any person in Canada or Canadian outside Canada in any such goods;

    • (e) the provision or acquisition by any person in Canada or Canadian outside Canada of financial services or any other services to, from or for the benefit of or on the direction or order of that foreign state or any person in that foreign state;

    • (f) the docking in that foreign state of ships registered or licensed, or for which an identification number has been issued, pursuant to any Act of Parliament;

    • (g) the landing in that foreign state of aircraft registered in Canada or operated in connection with a Canadian air service licence;

    • (h) the docking in or passage through Canada by ships registered in that foreign state or used, leased or chartered, in whole or in part, by or on behalf of or for the benefit of that foreign state or a person in that foreign state; and

    • (i) the landing in or flight over Canada by aircraft registered in that foreign state or used, leased or chartered, in whole or in part, by or on behalf of or for the benefit of that foreign state or any person in that foreign state.

  • Marginal note:Exclusions

    (3) Any order or regulation made pursuant to subsection (1) may exclude any person, property, goods, technical data, services, transactions, ships or aircraft or any class thereof from the application of the order or regulation.

  • Marginal note:Order authorizing Minister

    (4) The Governor in Council may, by order, authorize a Minister of the Crown in right of Canada to issue to any person in Canada or Canadian outside Canada a permit to carry out a specified activity or transaction, or any class thereof, that is restricted or prohibited pursuant to this Act or any order or regulations made under this Act.

  • Marginal note:Ministerial permit

    (5) The Minister may issue a permit pursuant to subsection (4), subject to such terms and conditions as are, in the opinion of the Minister, consistent with this Act and any order or regulations made under this Act.

  • Marginal note:Idem

    (6) The Minister may amend, suspend, revoke or reinstate any permit issued by the Minister under subsection (4).

Marginal note:Costs
  •  (1) Any costs incurred by or on behalf of Her Majesty in right of Canada in relation to the seizure, freezing or sequestration of property pursuant to an order made under paragraph 4(1)(b) are the liability of the owner of the property and constitute a debt due to Her Majesty in right of Canada that may be recovered in any court of competent jurisdiction.

  • Marginal note:Sale under execution

    (2) The property referred to in subsection (1) may be sold under execution of a judgment in favour of Her Majesty in right of Canada for the costs referred to in that subsection and, subject to subsection (3), the proceeds of the sale shall first be applied in execution of the judgment and any balance shall be paid to the owner of the property.

  • Marginal note:Existing equities maintained

    (3) All secured and unsecured rights and interests held by persons, other than

    • (a) a foreign state to which the order referred to in subsection (1) applies,

    • (b) persons in that foreign state, and

    • (c) nationals of that foreign state who do not ordinarily reside in Canada,

    are entitled to the same ranking with respect to the rights and interests of Her Majesty and the owner in the proceeds of the sale referred to in subsection (2) as they would have been entitled to had this section not been enacted.

  • 1992, c. 17, s. 5;
  • 2001, c. 4, s. 120.

ADMINISTRATION AND ENFORCEMENT

Marginal note:Enforcement
  •  (1) Subject to subsection (2), the Minister of Foreign Affairs is responsible for the administration and enforcement of this Act.

  • Marginal note:Designation

    (2) The Governor in Council may, by order, designate one or more Ministers of the Crown to discharge such responsibilities as the Governor in Council may specify with respect to the administration or enforcement of any of the provisions of this Act or any order or regulations made under this Act.

  • Marginal note:Assessment of claims for compensation

    (3) The Governor in Council may, by order, designate a Minister of the Crown as a Minister having the duty, for the purpose only of submitting a report to the Governor in Council with respect to claims for compensation, to receive and assess reasonable claims for compensation from any person who alleges to have suffered any loss or damages as a result of anything done or purported to have been done under this Act or any order or regulations made under this Act.

  • 1992, c. 17, s. 6;
  • 1995, c. 5, s. 25.
Marginal note:Tabling in Parliament
  •  (1) Every order and regulation made under section 4 shall be laid before each House of Parliament by a member of the Queen’s Privy Council for Canada within five sitting days of that House after it is made.

  • Marginal note:Filing of motion

    (2) Where an order or regulation has been laid before a House of Parliament pursuant to subsection (1), a motion for the consideration of that House, to the effect that the order or regulation be amended or revoked, signed by

    • (a) not less than fifty members of the House of Commons, in the case of a motion for the consideration of the House of Commons, and

    • (b) not less than twenty members of the Senate, in the case of a motion for the consideration of the Senate,

    may be filed with the Speaker of that House.

  • Marginal note:Consideration of motion

    (3) Where a motion for the consideration of a House of Parliament is filed in accordance with subsection (2), that House shall, not later than the sixth sitting day of that House following the filing of the motion, take up and consider the motion, unless a motion to the like effect has earlier been taken up and is being considered in the other House.

  • Marginal note:Time for disposition of motion

    (4) A motion taken up and considered in a House of Parliament in accordance with subsection (3) shall be debated without interruption for not more than three hours or such longer period as that House may, with the unanimous consent of its members, fix and, on the conclusion of the debate or on the expiration of the third hour of debate, whichever is earlier, the Speaker of that House shall immediately put every question necessary for the disposal of the motion.

  • Marginal note:Procedure on adoption of motion

    (5) If a motion taken up and considered in a House of Parliament in accordance with subsection (3) is adopted, with or without amendments, a message shall be sent from that House informing the other House that the motion has been so adopted and requesting that the motion be concurred in by that other House.

  • Marginal note:Procedure in other House

    (6) Within the first fifteen days that it is sitting after receiving a request pursuant to subsection (5), the House receiving the request shall take up and consider the motion that is the subject of the request, and all questions in connection with the motion shall be debated without interruption for not more than three hours or such longer period as that House may, with the unanimous consent of its members, fix and, on the conclusion of the debate or on the expiration of the third hour of debate, whichever is earlier, the Speaker of that House shall immediately put every question necessary to determine whether or not the motion is concurred in.

  • Marginal note:Where motion adopted and concurred in

    (7) Where a motion taken up and considered in accordance with this section is adopted, with or without amendments, by the House of Parliament in which it was introduced and is concurred in by the other House, the order or regulation to which the motion relates is revoked or amended effective on the day specified in the motion, which day may not be earlier than the day of the vote of concurrence.

  • Marginal note:Where motion not adopted or not concurred in

    (8) Where a motion taken up and considered in accordance with this section is not adopted by the House of Parliament in which it was introduced, or is adopted, with or without amendments, by that House but is not concurred in by the other House, the order or regulation to which the motion relates shall remain unaffected.

  • Marginal note:Report of the Governor in Council

    (9) The Governor in Council shall submit a full report on the operation of any order or regulation made pursuant to the Act within sixty sitting days after the said order or regulation has ceased to have effect and the report shall be referred to a committee to be designated by each House of Parliament.

Marginal note:Offence and punishment

 Every person who wilfully contravenes or fails to comply with an order or regulation made under section 4

  • (a) is guilty of an offence punishable on summary conviction and is liable to a fine not exceeding twenty-five thousand dollars or to imprisonment for a term not exceeding one year, or to both; or

  • (b) is guilty of an indictable offence and is liable to imprisonment for a term not exceeding five years.

Marginal note:Peace officers for the purposes of this Act
  •  (1) A person having the powers of an officer under the Customs Act, the Excise Act or the Excise Act, 2001 is deemed to be a peace officer for the purposes of this Act and sections 487 to 490, 491.l and 491.2 of the Criminal Code.

  • Marginal note:Search and seizure

    (2) A peace officer may search any building, receptacle or place for anything

    • (a) in respect of which there are reasonable grounds to believe that any offence against this Act has been committed,

    • (b) that there are reasonable grounds to believe has been used in the commission of an offence against this Act, or

    • (c) that there are reasonable grounds to believe will afford evidence with respect to the commission of an offence against this Act

    without a warrant if the conditions for obtaining a warrant exist but by reason of exigent circumstances it would be impractical to obtain a warrant, and may seize any such thing found therein.

  • 1992, c. 17, s. 9;
  • 2002, c. 22, s. 396.
Marginal note:Evidence
  •  (1) The original or a copy of a bill of lading, customs document, commercial invoice or other document is admissible in evidence in a prosecution under this Act in relation to any dealing with respect to goods where it appears from the document that

    • (a) the goods were sent or shipped from Canada or into Canada;

    • (b) a person, as shipper, consignor or consignee, sent or shipped the goods from Canada or into Canada; or

    • (c) the goods were sent or shipped to a particular destination or person.

  • Marginal note:Proof of the facts

    (2) In the absence of evidence to the contrary, a document that is admissible in evidence under subsection (1) is proof of any of the facts set out in paragraph (1)(a), (b) or (c) that appear from the document.

Marginal note:Proceedings
  •  (1) Any proceedings in respect of an offence under this Act may be tried and determined by the court having jurisdiction at the place in Canada where the offence was committed or at the place in Canada in which the person charged with the offence is, resides or has an office or place of business at the time of commencement of the proceedings.

  • Marginal note:Proceedings where Canadians outside Canada

    (2) Where a Canadian is alleged to have committed, outside Canada, an offence against this Act, any proceedings in respect of that offence may, whether or not that person is in Canada, be commenced in any territorial division in Canada and the accused may be tried and punished in respect of that offence in the same manner as if the offence had been committed in that territorial division.

  • Marginal note:Idem

    (3) For greater certainty, the provisions of the Criminal Code relating to

    • (a) requirements that an accused appear at and be present during proceedings, and

    • (b) the exception to those requirements,

    apply to proceedings commenced in any territorial division pursuant to subsection (2).

Marginal note:Consent of Attorney General required

 Proceedings with respect to an offence under this Act may only be commenced with the consent of the Attorney General of Canada.