Petition to Revoke Designation

Marginal note:Petition
  •  (1) Any Canadian or person in Canada that is a designated person may petition the Minister in writing to have that designation revoked.

  • Marginal note:Decision

    (2) The Minister must notify the petitioner, within 60 days after the day on which the petition is received, of his or her decision on whether to submit the petition to the Committee of the Security Council.

  • Marginal note:Subsequent petition

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

Exceptions

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 such a person.

  • Marginal note:Certificate — time frame

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

Marginal note:Basic or extraordinary expenses
  •  (1) A person whose property has been affected by the application of section 9 may apply to the Minister for a certificate to exempt property from the application of that section if the property is necessary for meeting basic or extraordinary expenses or if it is the subject of a judicial, administrative or arbitral lien or judgment or a hypothec, mortgage, charge, security interest or prior claim.

  • Marginal note:Issuance of certificate

    (2) The Minister must issue a certificate if it is established, in accordance with Security Council Resolution 1907, that the property is necessary for meeting basic or extraordinary expenses or that the property is the subject of a judicial, administrative or arbitral lien or judgment or a hypothec, mortgage, charge, security interest or prior claim,

    • (a) in the case of property that is necessary for meeting basic expenses, within 15 working days after the day on which the application is received, if the Committee of the Security Council did not refuse the release of the property;

    • (b) in the case of property that is necessary for meeting extraordinary expenses, within 30 working days after the day on which the application is received, if the Committee of the Security Council has approved the release of the property; and

    • (c) in the case of property that is the subject of a judicial, administrative or arbitral lien or judgment or a hypothec, mortgage, charge, security interest or prior claim, within 90 working days after the day on which the application is received, if the lien, judgment, hypothec, mortgage, charge, security interest or prior claim was entered before December 23, 2009, is not for the benefit of a designated person and has been brought to the attention of the Committee of the Security Council or the Security Council of the United Nations by the Minister.

Marginal note:Exclusion certificate

 No person contravenes these Regulations by doing an act or thing prohibited by any of sections 3 to 10 if, before the person does that act or thing, the Minister issues a certificate to the person stating that

  • (a) Security Council Resolution 1907 does not intend that such an act or thing be prohibited; or

  • (b) the act or thing has been approved by the Security Council of the United Nations.

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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