Regulations Implementing the United Nations Resolutions on Libya (SOR/2011-51)

Regulations are current to 2017-11-20 and last amended on 2013-09-30. Previous Versions

Regulations Implementing the United Nations Resolutions on Libya

SOR/2011-51

SPECIAL ECONOMIC MEASURES ACT

UNITED NATIONS ACT

Registration 2011-02-27

Regulations Implementing the United Nations Resolutions on Libya

P.C. 2011-253 2011-02-27

Whereas the Security Council of the United Nations, acting under Article 41 of the Charter of the United Nations, adopted Resolution 1970 (2011) on February 26, 2011;

Whereas that resolution calls for the taking of economic measures against Libya;

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;

And whereas the Governor in Council is of the opinion that the situation in Libya constitutes a grave breach of international peace and security that has resulted or is likely to result in a serious international crisis;

Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Foreign Affairs, hereby makes the annexed Regulations Implementing the United Nations Resolution on Libya and Taking Special Economic Measures pursuant to

(a) subsections 4(1) to (3) of the Special Economic Measures ActFootnote a; and

(b) section 2 of the United Nations ActFootnote b.

Interpretation

 The following definitions apply in these Regulations.

armed mercenary personnel

armed mercenary personnel means any person who

  • (a) is specially recruited locally or abroad to use arms and related material in Libya;

  • (b) uses arms and related material in Libya and is motivated essentially by the desire for private gain;

  • (c) is not a member of the Libyan armed forces; and

  • (d) has not been sent to Libya by a state on official duty as a member of that state’s armed forces. (personnel mercenaire armé)

arms and related material

arms and related material means any type of weapon, ammunition, military vehicle or military or paramilitary equipment, and includes their spare parts. (armes et matériel connexe)

Committee of the Security Council

Committee of the Security Council means the Committee of the Security Council of the United Nations established under paragraph 24 of Security Council Resolution 1970. (Comité du Conseil de sécurité)

designated person

designated person means a person

  • (a) whose name appears on Annex II to Security Council Resolution 1970;

  • (b) that is designated by the Security Council of the United Nations under paragraph 17 of Security Council Resolution 1970; or

  • (c) that is designated by the Committee of the Security Council under paragraph 24(c) of Security Council Resolution 1970. (personne désignée)

Libya

Libya means the Libyan state and includes its political subdivisions. (Libye)

Minister

Minister means the Minister of Foreign Affairs. (ministre)

property

property means property of every description and documents 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)

Security Council Resolution 1970

Security Council Resolution 1970 means Resolution 1970 (2011) of February 26, 2011, adopted by the Security Council of the United Nations. (résolution 1970 du Conseil de sécurité)

Security Council Resolution 1973

Security Council Resolution 1973 means Resolution 1973 (2011) of March 17, 2011, adopted by the Security Council of the United Nations. (résolution 1973 du Conseil de sécurité)

Security Council Resolution 2009

Security Council Resolution 2009 means Resolution 2009 (2011) of September 16, 2011, adopted by the Security Council of the United Nations. (résolution 2009 du Conseil de sécurité)

technical assistance

technical assistance means any form of assistance, such as providing instruction, training, consulting services or technical advice or transferring know-how or technical data. (aide technique)

working day

working day means a day that is not Saturday or a holiday. (jour ouvrable)

  • SOR/2011-172, s. 2;
  • SOR/2011-198, s. 2.

Application

 These Regulations are binding on Her Majesty in right of Canada or a province.

Prohibitions

 No person in Canada and no Canadian outside Canada shall knowingly export, sell, supply or ship arms and related material, wherever situated, to Libya or any person in Libya.

  •  (1) No owner or master of a Canadian vessel, as defined in section 2 of the Canada Shipping Act, 2001, and no operator of an aircraft registered in Canada shall knowingly carry, cause to be carried or permit to be carried arms and related material, wherever situated, destined for Libya or any person in Libya.

  • (2) No owner or master of a Canadian vessel, as defined in section 2 of the Canada Shipping Act, 2001, and no operator of an aircraft registered in Canada shall knowingly carry, cause to be carried or permit to be carried arms and related material, that are exported, sold, supplied or shipped from Libya after the day on which these Regulations come into force, whether the goods originated in Libya or elsewhere.

 No person in Canada and no Canadian outside Canada shall knowingly provide or transfer, to any person in Libya, technical assistance, financial assistance or other assistance related to military activities, including the recruitment or provision of armed mercenary personnel, or the provision, manufacture, maintenance or use of arms and related material.

 No person in Canada and no Canadian outside Canada shall knowingly import or procure arms and related material, wherever situated, from any person in Libya or any national of Libya.

  •  (1) [Repealed, SOR/2011-198, s. 3]

  • (2) No person in Canada and no Canadian outside Canada shall knowingly

    • (a) deal, directly or indirectly, in any property in Canada as of February 26, 2011 or at any time after that date, that is owned or controlled by a designated person, by a person acting on behalf of, or at the direction of, a designated person or by a person owned or controlled by a designated person;

    • (b) enter into or facilitate, directly or indirectly, any financial 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);

    • (d) make any property or any financial or other related service available to a designated person, to a person acting on behalf of, or at the direction of, a designated person or to a person owned or controlled by a designated person; or

    • (e) make property or any financial or other related service available for the benefit of any person referred to in paragraph (d).

  • (3) Paragraphs 7(2)(a) to (c) do not apply to the property of the designated persons referred to in paragraph 15(b) of Security Council Resolution 2009, if that property arrived in Canada after September 16, 2011.

  • (4) Paragraphs 7(2)(d) and (e) do not apply to the designated persons referred to in paragraph 15(b) of Security Council Resolution 2009.

  • SOR/2011-198, s. 3.

 [Repealed, SOR/2011-172, s. 3]

 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 act or thing prohibited by sections 3 to 7.

  • SOR/2011-172, s. 3.

Duty to Determine

 Each of the following entities shall determine on a continuing basis whether it is in possession or control of property owned 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 engaged in the business of insuring risks that are regulated by a provincial Act;

  • (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.

 
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