Regulations Implementing the United Nations Resolutions on the Suppression of Terrorism
P.C 2001-1716 2001-10-02
Whereas the Security Council of the United Nations, acting under section 41 of the Charter of the United Nations, adopted Security Council Resolution 1373 (2001) on September 28, 2001;
And whereas it appears to the Governor in Council to be necessary to make regulations for enabling the measures set out in that resolution to be effectively applied;
Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Foreign Affairs, pursuant to sections 2 and 3 of the United Nations Act, hereby makes the annexed United Nations Suppression of Terrorism Regulations.
1 The definitions in this section apply in these Regulations.
Canadian means an individual 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 a province. (Canadien)
entity means a body corporate, trust, partnership or fund or an unincorporated association or organization. (entité)
judge means the Chief Justice of the Federal Court or a judge of that Court designated by the Chief Justice. (juge)
- listed person
listed person means a person whose name is listed in the schedule in accordance with section 2, with the exception of the following:
Minister means the Minister of Foreign Affairs. (ministre)
person means an individual or an entity. (personne)
property means real and personal property of every description and deeds and instruments relating to or evidencing the title or right to property, or giving a right to recover or receive money or goods, and includes any funds, financial assets or economic resources. (bien)
- SOR/2001-441, s. 1;
- SOR/2002-210, s. 1;
- SOR/2002-325, s. 1;
- SOR/2006-165, s. 2.
(a) has carried out, attempted to carry out, participated in or facilitated the carrying out of a terrorist activity;
(b) is controlled directly or indirectly by any person conducting any of the activities set out in paragraph (a); or
(c) is acting on behalf of, or at the direction of, or in association with any person conducting any of the activities set out in paragraph (a).
(2) and (3) [Repealed, SOR/2006-165, s. 3]
- SOR/2002-210, s. 5;
- SOR/2006-165, s. 3.
(2) On receipt of a written application, the Minister shall decide whether there are reasonable grounds to recommend to the Governor in Council that the applicant be removed from the schedule.
(3) If the Minister does not make a decision on the application within 60 days after receipt of the application, the Minister is deemed to have decided to recommend that the applicant remain a listed person.
(4) The Minister shall give notice without delay to the applicant of any decision taken or deemed to have been taken respecting the application.
(5) A listed person may not make another application under subsection (1) unless there has been a material change in circumstances since the time the person made their last application.
- SOR/2006-165, s. 4.
(2) When an application is made, the judge shall without delay
(a) examine, in private, any security or criminal intelligence reports considered in listing the applicant and hear any other evidence or information that may be presented by or on behalf of the Minister and may, at the request of the Minister, hear all or part of that evidence or information in the absence of the applicant and any counsel representing the applicant, if the judge is of the opinion that the disclosure of the information would injure national security or endanger the safety of any person;
(b) provide the applicant with a statement summarizing the information available to the judge so as to enable the applicant to be reasonably informed of the reasons for the decision, without disclosing any information whose disclosure would, in the judge’s opinion, injure national security or endanger the safety of any person;
(c) provide the applicant with a reasonable opportunity to be heard; and
(d) determine whether the decision is reasonable on the basis of the information available to the judge and, if found not to be reasonable, order that the applicant no longer be a listed person.
(3) The judge may receive into evidence anything that, in the opinion of the judge, is reliable and appropriate, even if it would not otherwise be admissible under Canadian law, and may base his or her decision on that evidence.
- SOR/2006-165, s. 4.
(a) the Minister may make an application to the judge for the admission of information obtained in confidence from a government, an institution or an agency of a foreign state, from an international organization of states or from an institution or an agency of an international organization of states; and
(b) the judge shall examine the information and provide counsel representing the Minister with a reasonable opportunity to be heard as to whether the information is relevant but should not be disclosed to the applicant or any counsel representing it because the disclosure would injure national security or endanger the safety of any person.
(2) The information shall be returned to counsel representing the Minister and shall not be considered by the judge in making the determination under paragraph 2.2(2)(d) if
(3) If the judge determines that the information is relevant but that its disclosure would injure national security or endanger the safety of persons, the information shall not be disclosed in the statement mentioned in paragraph 2.2(2)(b), but the judge may base his or her determination under paragraph 2.2(2)(d) on it.
- SOR/2006-165, s. 4.
Providing or Collecting Funds
3 No person in Canada and no Canadian outside Canada shall knowingly provide or collect by any means, directly or indirectly, funds with the intention that the funds be used, or in the knowledge that the funds are to be used, by a listed person.
- SOR/2006-165, s. 5(F).
4 No person in Canada and no Canadian outside Canada shall knowingly
(a) deal directly or indirectly in any property of a listed person, including funds derived or generated from property owned or controlled directly or indirectly by that person;
(b) enter into or facilitate, directly or indirectly, any transaction related to a dealing referred to in paragraph (a);
(c) provide any financial or other related service in respect of the property referred to in paragraph (a); or
(d) make any property or any financial or other related service available, directly or indirectly, for the benefit of a listed person.
- SOR/2006-165, s. 6(F).
5 All secured and unsecured rights and interests held by a person, other than a listed person or an officer, director, agent or other representative of a listed person, in the frozen property are entitled to the same ranking as they would have been entitled to had the property not been frozen.
- SOR/2006-165, s. 7.
Causing, Assisting or Promoting
6 No person in Canada and no Canadian outside Canada shall knowingly do anything that causes, assists or promotes, or is intended to cause, assist or promote, any activity prohibited by section 3 or 4, unless the person has a certificate issued by the Minister under section 11.
- Date modified: