Special Economic Measures Act (S.C. 1992, c. 17)

Marginal note:Payment out of Proceeds Account

5.6 After consulting with the Minister of Finance and the Minister of Foreign Affairs, the Minister may — at the times and in the manner, and on any terms and conditions, that the Minister considers appropriate — pay out of the Proceeds Account, as defined in section 2 of the Seized Property Management Act, amounts not exceeding the net proceeds from the disposition of property forfeited under section 5.4, but only for any of the following purposes:

• (a) the reconstruction of a foreign state adversely affected by a grave breach of international peace and security;

• (b) the restoration of international peace and security; and

• (c) the compensation of victims of a grave breach of international peace and security, gross and systematic human rights violations or acts of significant corruption.

Administration and Enforcement

Marginal note:Enforcement

• 6 (1) Subject to subsection (2), the Minister of Foreign Affairs is responsible for the administration and enforcement of this Act.

• Marginal note:Designation

  (2) The Governor in Council may, by order, designate one or more Ministers of the Crown to discharge such responsibilities as the Governor in Council may specify with respect to the administration or enforcement of any of the provisions of this Act or any order or regulations made under this Act.

• Marginal note:Assessment of claims for compensation

  (3) The Governor in Council may, by order, designate a Minister of the Crown as a Minister having the duty, for the purpose only of submitting a report to the Governor in Council with respect to claims for compensation, to receive and assess reasonable claims for compensation from any person who alleges to have suffered any loss or damages as a result of anything done or purported to have been done under this Act or any order or regulations made under this Act.

Marginal note:Sharing of information

6.1 The following persons may assist the Minister in matters relating to the making, administration or enforcement of an order or regulation referred to in subsection 4(1) and, for that purpose, may collect information from and disclose information to each other:

• (a) the Minister of Foreign Affairs;

• (b) the Minister of Finance;

• (c) the Minister of Public Works and Government Services;

• (d) the Minister of Public Safety and Emergency Preparedness;

• (d.1) the Minister of Transport;

• (d.2) the Minister of National Revenue;

• (d.3) the Minister of Justice and Attorney General of Canada;

• (d.4) the Minister of Citizenship and Immigration;

• (e) the Director of the Canadian Security Intelligence Service;

• (f) the Chief of the Communications Security Establishment;

• (g) the President of the Canada Border Services Agency; and

• (h) the Superintendent of Financial Institutions.

Marginal note:RCMP

• 6.2 (1) The Commissioner of the Royal Canadian Mounted Police may assist the Minister in matters related to the making of an order under paragraph 4(1)(b), the seizure or restraint of any property that is the subject of such an order or the making of an application for forfeiture of the property under section 5.4 and, for that purpose, may collect information from and disclose information to the persons referred to in section 6.1.

• Marginal note:For greater certainty

  (2) For greater certainty, nothing in subsection (1) is to be construed as affecting the powers of a peace officer that are conferred under legislation or the common law.

Marginal note:FINTRAC

6.21 The Minister may disclose to the Financial Transactions and Reports Analysis Centre of Canada any information that is relevant to the making, administration or enforcement of an order or regulation referred to in subsection 4(1).

Marginal note:Provision of information

• 6.3 (1) The Minister of Foreign Affairs may require any person to provide to that Minister any information that that Minister believes on reasonable grounds is relevant for the purposes of the making, administration or enforcement of an order or regulation referred to in subsection 4(1).

• Marginal note:Duty to comply

  (2) Every person who is required to provide information under subsection (1) shall comply with the requirement within the time and in the form and manner specified by that Minister.

Marginal note:Tabling in Parliament

• 7 (1) Every order and regulation made under paragraph 4(1)(a) shall be laid before each House of Parliament by a member of the Queen’s Privy Council for Canada within five sitting days of that House after it is made.

• Marginal note:Filing of motion

  (2) Where an order or regulation has been laid before a House of Parliament pursuant to subsection (1), a motion for the consideration of that House, to the effect that the order or regulation be amended or revoked, signed by

  • (a) not less than fifty members of the House of Commons, in the case of a motion for the consideration of the House of Commons, and

  • (b) not less than twenty members of the Senate, in the case of a motion for the consideration of the Senate,

  may be filed with the Speaker of that House.

• Marginal note:Consideration of motion

  (3) Where a motion for the consideration of a House of Parliament is filed in accordance with subsection (2), that House shall, not later than the sixth sitting day of that House following the filing of the motion, take up and consider the motion, unless a motion to the like effect has earlier been taken up and is being considered in the other House.

• Marginal note:Time for disposition of motion

  (4) A motion taken up and considered in a House of Parliament in accordance with subsection (3) shall be debated without interruption for not more than three hours or such longer period as that House may, with the unanimous consent of its members, fix and, on the conclusion of the debate or on the expiration of the third hour of debate, whichever is earlier, the Speaker of that House shall immediately put every question necessary for the disposal of the motion.

• Marginal note:Procedure on adoption of motion

  (5) If a motion taken up and considered in a House of Parliament in accordance with subsection (3) is adopted, with or without amendments, a message shall be sent from that House informing the other House that the motion has been so adopted and requesting that the motion be concurred in by that other House.

• Marginal note:Procedure in other House

  (6) Within the first fifteen days that it is sitting after receiving a request pursuant to subsection (5), the House receiving the request shall take up and consider the motion that is the subject of the request, and all questions in connection with the motion shall be debated without interruption for not more than three hours or such longer period as that House may, with the unanimous consent of its members, fix and, on the conclusion of the debate or on the expiration of the third hour of debate, whichever is earlier, the Speaker of that House shall immediately put every question necessary to determine whether or not the motion is concurred in.

• Marginal note:Where motion adopted and concurred in

  (7) Where a motion taken up and considered in accordance with this section is adopted, with or without amendments, by the House of Parliament in which it was introduced and is concurred in by the other House, the order or regulation to which the motion relates is revoked or amended effective on the day specified in the motion, which day may not be earlier than the day of the vote of concurrence.

• Marginal note:Where motion not adopted or not concurred in

  (8) Where a motion taken up and considered in accordance with this section is not adopted by the House of Parliament in which it was introduced, or is adopted, with or without amendments, by that House but is not concurred in by the other House, the order or regulation to which the motion relates shall remain unaffected.

• Marginal note:Report of the Governor in Council

  (9) The Governor in Council shall submit a full report on the operation of any order or regulation made pursuant to the Act within sixty sitting days after the said order or regulation has ceased to have effect and the report shall be referred to a committee to be designated by each House of Parliament.

Marginal note:Agreements

7.1 The Minister of Foreign Affairs may, with the approval of the Governor in Council, enter into an agreement with the government of any foreign state respecting the use by the foreign state, for any of the following purposes, of amounts that may be paid out under section 5.6:

• (a) the reconstruction of the foreign state adversely affected by a grave breach of international peace and security;

• (b) the restoration of international peace and security; and

• (c) the compensation of victims of a grave breach of international peace and security, gross and systematic human rights violations or acts of significant corruption.

Marginal note:Offence and punishment

8 Every person who wilfully contravenes or fails to comply with an order or regulation made under section 4

• (a) is guilty of an offence punishable on summary conviction and is liable to a fine not exceeding twenty-five thousand dollars or to imprisonment for a term not exceeding one year, or to both; or

• (b) is guilty of an indictable offence and is liable to imprisonment for a term not exceeding five years.

Marginal note:Peace officers for the purposes of this Act

• 9 (1) A person having the powers of an officer under the Customs Act, the Excise Act or the Excise Act, 2001 is deemed to be a peace officer for the purposes of this Act and sections 487 to 490, 491.l and 491.2 of the Criminal Code.

• Marginal note:Search and seizure

  (2) A peace officer may search any building, receptacle or place for anything

  • (a) in respect of which there are reasonable grounds to believe that any offence against this Act has been committed,

  • (b) that there are reasonable grounds to believe has been used in the commission of an offence against this Act, or

  • (c) that there are reasonable grounds to believe will afford evidence with respect to the commission of an offence against this Act

  without a warrant if the conditions for obtaining a warrant exist but by reason of exigent circumstances it would be impractical to obtain a warrant, and may seize any such thing found therein.

Marginal note:Evidence

• 10 (1) The original or a copy of a bill of lading, customs document, commercial invoice or other document is admissible in evidence in a prosecution under this Act in relation to any dealing with respect to goods where it appears from the document that

  • (a) the goods were sent or shipped from Canada or into Canada;

  • (b) a person, as shipper, consignor or consignee, sent or shipped the goods from Canada or into Canada; or

  • (c) the goods were sent or shipped to a particular destination or person.

• Marginal note:Proof of the facts

  (2) In the absence of evidence to the contrary, a document that is admissible in evidence under subsection (1) is proof of any of the facts set out in paragraph (1)(a), (b) or (c) that appear from the document.

Marginal note:Proceedings

• 11 (1) Any proceedings in respect of an offence under this Act may be tried and determined by the court having jurisdiction at the place in Canada where the offence was committed or at the place in Canada in which the person charged with the offence is, resides or has an office or place of business at the time of commencement of the proceedings.

• Marginal note:Proceedings where Canadians outside Canada

  (2) Where a Canadian is alleged to have committed, outside Canada, an offence against this Act, any proceedings in respect of that offence may, whether or not that person is in Canada, be commenced in any territorial division in Canada and the accused may be tried and punished in respect of that offence in the same manner as if the offence had been committed in that territorial division.

• Marginal note:Idem

  (3) For greater certainty, the provisions of the Criminal Code relating to

  • (a) requirements that an accused appear at and be present during proceedings, and

  • (b) the exception to those requirements,

  apply to proceedings commenced in any territorial division pursuant to subsection (2).

Marginal note:Consent of Attorney General required

12 Proceedings with respect to an offence under this Act may only be commenced with the consent of the Attorney General of Canada.