Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

Regulations Implementing the United Nations Resolutions on the Suppression of Terrorism (SOR/2001-360)

Regulations are current to 2019-11-19 and last amended on 2019-03-04. Previous Versions

Causing, Assisting or Promoting

 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 activity prohibited by sections 3 and 4.

  • SOR/2019-60, s. 5

Obligations

 The following entities must determine on a continuing basis whether they are in possession or control of property owned, held or controlled by or on behalf of a listed person:

  • (a) authorized foreign banks, as defined in section 2 of the Bank Act, in respect of their business in Canada, and banks regulated by that Act;

  • (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 activities 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 regulated by the Trust and Loan Companies Act;

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

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

  • (i) entities that engage in any activity referred to 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.

  • SOR/2001-441, s. 2
  • SOR/2006-165, s. 8
  • SOR/2009-191, s. 1(E)
  • SOR/2019-60, s. 5
  •  (1) Every person in Canada, every Canadian outside Canada and every entity set out in section 7 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 listed person; and

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

  • (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/2006-165, s. 9
  • SOR/2009-191, s. 2(E)
  • SOR/2019-60, s. 5

Applications

  •  (1) A person that wishes to engage in any activity that is prohibited under these Regulations may, before doing so, apply to the Minister in writing for a certificate to exempt the activity from the application of the Regulations.

  • (2) The Minister may issue the certificate if the Security Council of the United Nations did not intend that such an activity be prohibited or if the Security Council of the United Nations or the Committee of the Security Council has approved the activity in advance.

  • SOR/2006-165, s. 10
  • SOR/2019-60, s. 5
  •  (1) A person whose property is affected by the application of section 4 may apply to the Minister in writing for a certificate to exempt the property from the application of that section if the property is necessary for basic or extraordinary expenses.

  • (2) If it is established in accordance with Security Council Resolution 1452 (2002) of December 20, 2002, adopted by the Security Council of the United Nations, that the property is necessary for basic or extraordinary expenses, the Minister must issue a certificate within the following time periods:

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

    • (b) within 30 working days after receiving the application, in the case of property that is necessary for extraordinary expenses, if that Committee approves the application.

  • SOR/2006-165, s. 10
  • SOR/2019-60, s. 5

 [Repealed, SOR/2019-60, s. 5]

  •  (1) A person whose name is the same as or similar to the name of a listed person and that claims not to be that person may apply to the Minister in writing for a certificate stating that they are not that listed person.

  • (2) Within 45 days after receiving the application, the Minister must,

    • (a) if it is established that the applicant is not the listed person, issue the certificate; or

    • (b) if it is not so established, provide notice to the applicant of his or her determination.

  • SOR/2001-441, s. 3
  • SOR/2006-165, s. 11
  • SOR/2019-60, s. 5

Coming into Force

 These Regulations come into force on the day on which they are registered.

 
Date modified: