Regulations Implementing the United Nations Resolutions on Iran (SOR/2007-44)

Regulations are current to 2017-11-20 and last amended on 2016-02-05. Previous Versions

Marginal note:Arms and related material

 It is prohibited for any person in Canada or any Canadian outside Canada to knowingly import, purchase or acquire arms and related material, wherever situated, from Iran, from any person in Iran or from any other person acting on behalf of or at the direction of Iran or any person in Iran.

  • SOR/2016-14, s. 2.
Marginal note:Canadian vessel or aircraft
  •  (1) It is prohibited for any owner or master of a Canadian vessel, within the meaning of section 2 of the Canada Shipping Act, 2001, any operator of an aircraft registered in Canada, or any Canadian owner or master of a vessel or Canadian operator of an aircraft to carry, cause to be carried or permit to be carried any of the products referred to in section 4, wherever situated, destined for Iran, for any person in Iran or for any person acting on behalf of or at the direction of Iran or any person in Iran.

  • Marginal note:Carriage from Iran — products referred to in paragraph 4(1)(f)

    (2) It is also prohibited for them to carry, cause to be carried or permit to be carried any of the products referred to in paragraph 4(1)(f) from Iran.

  • Marginal note:Arms and related material destined for any person in Canada

    (3) It is also prohibited for them to carry, cause to be carried or permit to be carried arms and related material, wherever situated, destined for any person in Canada who acquired them from Iran, from any person in Iran or from any person acting on behalf of or at the direction of Iran or any person in Iran.

  • SOR/2016-14, s. 2.
Marginal note:Assisting a prohibited act or thing

 It is prohibited for any person in Canada or any Canadian outside Canada to knowingly do anything that causes, facilitates or assists in, or is intended to cause, facilitate or assist in, any act or thing prohibited by sections 3, 4, 5 and 6.

  • SOR/2007-105, s. 3;
  • SOR/2010-154, s. 3;
  • SOR/2016-14, s. 2.

Obligations

Marginal note:Duty to determine
  •  (1) The following entities must determine on a continuing basis whether they are in possession or control of property that is owned, held or controlled by or on behalf of a designated person:

    • (a) authorized foreign banks, as defined in section 2 of the Bank Act, in respect of their business in Canada or banks to which that Act applies;

    • (b) cooperative credit societies, savings and credit unions and caisses populaires regulated by a provincial Act and associations regulated by the Cooperative Credit Associations Act;

    • (c) foreign companies, as defined in subsection 2(1) of the Insurance Companies Act, in respect of their insurance business in Canada;

    • (d) companies, provincial companies and societies, as those terms are defined in subsection 2(1) of the Insurance Companies Act;

    • (e) fraternal benefit societies regulated by a provincial Act in respect of their insurance activities and insurance companies and other entities regulated by a provincial Act that are engaged in the business of insuring risks;

    • (f) companies to which the Trust and Loan Companies Act applies;

    • (g) trust companies regulated by a provincial Act;

    • (h) loan companies regulated by a provincial Act;

    • (i) entities that engage in any activity described in paragraph 5(h) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act if the activity involves the opening of an account for a client; and

    • (j) entities authorized under provincial legislation to engage in the business of dealing in securities or to provide portfolio management or investment counselling services.

  • Marginal note:Duty to disclose — supervising and regulating agencies

    (2) Every entity referred to in subsection (1) must disclose, every month, to the principal agency or the body that supervises or regulates it under federal or provincial law, whether it is in possession or control of any property referred to in that subsection and, if so, the number of persons or contracts involved and the total value of the property.

  • Marginal note:Immunity

    (3) No proceedings under the United Nations Act and no civil proceedings lie against a person for a disclosure made in good faith under subsection (2).

  • SOR/2007-105, s. 3;
  • SOR/2008-118, s. 4;
  • SOR/2010-154, s. 3;
  • SOR/2016-14, s. 2.
Marginal note:Duty to disclose — RCMP or CSIS
  •  (1) Every person in Canada and every Canadian outside Canada must disclose without delay to the Commissioner of the Royal Canadian Mounted Police or to the Director of the Canadian Security Intelligence Service

    • (a) the existence of property in their possession or control that they have reason to believe is owned, held or controlled by or on behalf of a designated person; and

    • (b) any information about a transaction or proposed transaction in respect of property referred to in paragraph (a).

  • Marginal note:Immunity

    (2) No proceedings under the United Nations Act and no civil proceedings lie against a person for a disclosure made in good faith under subsection (1).

  • SOR/2008-118, s. 5;
  • SOR/2010-154, s. 4(E);
  • SOR/2016-14, s. 2.

 [Repealed, SOR/2016-14, s. 2]

 [Repealed, SOR/2016-14, s. 2]

Applications

Marginal note:Exemption
  •  (1) A person that wishes to do an act or thing that is prohibited under these Regulations may, before doing the act or thing, apply to the Minister in writing for a certificate to exempt the act or thing from the application of the Regulations.

  • Marginal note:Certificate

    (2) The Minister may issue the certificate if the Security Council did not intend that such an act or thing be prohibited or if it is established that the requirements of Security Council Resolution 2231 have been met, and, if required by that resolution, that the Security Council has approved the act or thing in advance.

  • SOR/2010-154, s. 6;
  • SOR/2016-14, s. 2.
Marginal note:Exemption for property
  •  (1) A person whose property has been affected by the application of section 3 may apply to the Minister in writing for a certificate to exempt the property from the application of that section if the property

    • (a) is necessary for basic or extraordinary expenses or is subject to a lien, mortgage or security interest, to a hypothec or prior claim, to a charge or to a judicial, administrative or arbitral decision;

    • (b) is necessary for the civil nuclear cooperation projects described in Annex III to the Joint Comprehensive Plan of Action; or

    • (c) is necessary for any activity required for the implementation of the Joint Comprehensive Plan of Action.

  • Marginal note:Certificate — paragraph 1(a)

    (2) If it is established in accordance with Security Council Resolution 2231 that the property is necessary for basic or extraordinary expenses or is subject to a lien, mortgage or security interest, to a hypothec or prior claim, to a charge or to a judicial, administrative or arbitral decision, the Minister must issue a certificate within the following timelines:

    • (a) within 15 working days after receiving the application, in the case of property necessary for basic expenses, if the Security Council does not oppose the application;

    • (b) within 30 working days after receiving the application, in the case of property necessary for extraordinary expenses, if the Security Council approves the application; and

    • (c) within 90 days after receiving the application, in the case of property that is subject to a lien, mortgage or security interest, to a hypothec or prior claim, to a charge or to a judicial, administrative or arbitral decision that

      • (i) was created or issued before the coming into force of these Regulations;

      • (ii) is not for the benefit of a designated person; and

      • (iii) has been brought to the attention of the Security Council by the Minister.

  • Marginal note:Certificate — paragraphs (1)(b) and (c)

    (3) If it is established that the property is necessary for one of the projects or activities referred to in paragraph 1(b) or (c), the Minister must advise the Security Council of his or her intention to issue a certificate and, if the Security Council approves the project or activity, the Minister may issue the certificate.

  • SOR/2016-14, s. 2.
 
Date modified: