United Nations Al-Qaida and Taliban Regulations (SOR/99-444)

Regulations are current to 2017-11-20 and last amended on 2014-09-26. Previous Versions

 No owner or master of a Canadian ship and no operator of an aircraft registered in Canada shall knowingly carry, cause to be carried or permit to be carried, directly or indirectly, arms and related material, wherever situated, that are destined for a person associated with the Taliban or a person associated with Al-Qaida.

  • SOR/2001-86, s. 3;
  • SOR/2004-160, s. 6;
  • SOR/2006-164, s. 8;
  • SOR/2014-212, s. 6.

 No person in Canada and no Canadian outside Canada shall knowingly provide, directly or indirectly, technical assistance related to military activities to a person associated with the Taliban or a person associated with Al-Qaida.

  • SOR/2001-86, s. 3;
  • SOR/2004-160, s. 6;
  • SOR/2006-164, s. 8;
  • SOR/2014-212, s. 7.

 [Repealed, SOR/2004-160, s. 6]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 act or thing prohibited by any of sections 4 to 4.4.

  • SOR/2001-86, s. 3;
  • SOR/2004-160, s. 6.

Duty to Determine

  •  (1) Each of the following entities must determine on a continuing basis whether it is in possession or control of property owned or controlled by or on behalf of a person associated with the Taliban or a person associated with Al-Qaida:

    • (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 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; and

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

  • (2) Every entity referred to in subsection (1) must report monthly, to the principal agency or body that supervises or regulates it under federal or provincial law, either

    • (a) that it is not in possession or control of any property referred to in subsection (1), or

    • (b) that it is in possession or control of that property, in which case it must report the number of persons, contracts or accounts involved and the total value of the property.

  • (3) No person contravenes subsection (2) by making a report in good faith under that subsection.

  • SOR/2006-164, s. 6;
  • SOR/2014-212, s. 8.

Disclosure

  •  (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 or controlled by or on behalf of a person associated with the Taliban or a person associated with Al-Qaida; and

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

  • (2) No person contravenes subsection (1) for disclosure made in good faith under that subsection.

  • SOR/2006-164, s. 6;
  • SOR/2014-212, s. 9.

Delisting

  •  (1) Any Canadian or person in Canada claiming not to be a person associated with the Taliban or a person associated with Al-Qaida may petition the Minister in writing to be delisted from the 1988 Sanctions List or the Al-Qaida Sanctions List in accordance with the Guidelines of the 1988 Sanctions Committee or the Guidelines of the Al-Qaida Sanctions Committee, as the case may be.

  • (2) The Minister must notify the petitioner, within 60 days after the day on which the petition is received, of his or her decision as to whether to submit the petition to the appropriate committee of the Security Council. If the petition is submitted, the Minister must submit it in accordance with the committee’s Guidelines.

  • (3) A person may not submit another petition under subsection (1), unless there has been a material change in circumstances since the time when the last petition was submitted.

  • SOR/2006-164, s. 6;
  • SOR/2014-212, s. 10.

Judicial Review

  •  (1) Within 60 days after the date of receipt of the notice of the decision referred to in subsection 5.3(2), the applicant may apply to a judge for judicial review of the decision.

  • (2) When an application is made, the judge shall, without delay

    • (a) examine, in private, any security or criminal intelligence reports relating to the applicant’s designation as a person associated with the Taliban or a person associated with Al-Qaida 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 the disclosure of which 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 Minister seek a review of the case.

  • (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/2006-164, s. 6;
  • SOR/2014-212, s. 11.
  •  (1) For the purposes of subsection 5.4(2), in private and in the absence of the applicant or any counsel representing it,

    • (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 5.4(2)(d), if

    • (a) the judge determines that the information is not relevant;

    • (b) the judge determines that the information is relevant but should be summarized in the statement to be provided under paragraph 5.4(2)(b); or

    • (c) the Minister withdraws the application.

  • (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 5.4(2)(b), but the judge may base the determination under paragraph 5.4(2)(d) on it.

  • SOR/2006-164, s. 6.

Exceptions

  •  (1) A person claiming not to be a person whose name appears on the 1988 Sanctions List or the Al-Qaida Sanctions List may apply to the Minister for a certificate stating that the person is not the person whose name appears on the 1988 Sanctions List or the Al-Qaida Sanctions List, as the case may be.

  • (2) The Minister must, within 30 days after the day on which the application is received, issue a certificate to the applicant if it is established that the applicant is not the person whose name appears on the 1988 Sanctions List or the Al-Qaida Sanctions List, as the case may be.

  • SOR/2006-164, s. 6;
  • SOR/2014-212, s. 12.
 
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