Special Economic Measures (Burma) Regulations (SOR/2007-285)

Regulations are current to 2017-11-20 and last amended on 2012-04-24. Previous Versions

Application to No Longer Be a Designated Person

Marginal note:Petition
  •  (1) A designated person may apply to the Minister in writing to have their name removed from the schedule.

  • Marginal note:Decision

    (2) On receipt of an application, the Minister shall decide whether there are reasonable grounds to recommend to the Governor in Council that the applicant’s name be removed from the schedule.

  • Marginal note:Presumption

    (3) If the Minister does not make a decision on the application within 90 days after the day on which the application is received, the Minister is deemed to have decided to recommend that the applicant remain a designated person.

  • Marginal note:Notice

    (4) The Minister shall give notice without delay to the applicant of any decision taken or deemed to have been taken.

  • Marginal note:New application

    (5) If there has been a material change in circumstances since the last petition was submitted, a person may submit another application under subsection (1).

  • SOR/2012-85, s. 5.

Application for a Certificate

Marginal note:Mistaken identity
  •  (1) A person claiming not to be a designated person may apply to the Minister for a certificate stating that they are not the person who has been designated under section 2.

  • Marginal note:Certificate — time frame

    (2) If it is established that the person is not a designated person, the Minister shall issue a certificate to the applicant within 15 days after the day on which the application is received.

Exclusions

Marginal note:Exceptions to section 3

 Section 3 does not apply in respect of

  • (a) any activity engaged in under an agreement or arrangement between Canada and Burma;

  • (b) any payment made by or on behalf of a designated person that is due under a contract entered into before the person became a designated person, provided that the payment is not made to or for the benefit of a designated person;

  • (c) any goods made available, or services provided, to or by any of the following entities for the purpose of safeguarding human life, disaster relief, democratization, stabilization or providing food, medicine, medical supplies or equipment or development assistance:

    • (i) an international organization with diplomatic status,

    • (ii) a United Nations agency,

    • (iii) the International Red Cross and Red Crescent Movement, or

    • (iv) a non-governmental organization that has entered into a grant or contribution agreement with the Department of Foreign Affairs and International Trade or the Canadian International Development Agency; and

  • (d) any transaction necessary for a Canadian to transfer any existing accounts, funds or investments of a Canadian held with a designated person to a person other than a designated person.

  • SOR/2012-85, s. 6.
Marginal note:Exceptions to section 4

 Section 4 does not apply in respect of

  • (a) protective clothing and equipment, including flak jackets and military helmets, for the personal use of United Nations personnel, human rights monitors, representatives of the media and humanitarian and development workers and associated personnel;

  • (b) non-lethal military equipment intended solely for humanitarian, human rights monitoring or protective use, and related technical assistance and training; and

  • (c) members of the Canadian Forces who are in or travel to Burma in the performance of official duties, including providing security to Canadian diplomatic staff, providing humanitarian assistance, or engaging in other activities authorized by the Chief of the Defence Staff.

  • SOR/2012-85, s. 6.

Application Prior to Publication

Marginal note:Application

 For the purpose of paragraph 11(2)(a) of the Statutory Instruments Act, these Regulations apply according to their terms before they are published in the Canada Gazette.

Coming into Force

Marginal note:Registration

 These Regulations come into force on the day on which they are registered.

 
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