Interpretation

Marginal note:

1 The following definitions apply in these Regulations.

Burma

Birmanie

Burma means Myanmar, and includes

• (a) any political subdivision of Myanmar;

• (b) the government, and any department of Myanmar or of a political subdivision of Myanmar; and

• (c) any agency of Myanmar or of a political subdivision of Myanmar. (Birmanie)

controlling interest

intérêts majoritaires

controlling interest means an ownership interest of more than 50%. (intérêts majoritaires)

designated person

personne designée

designated person means a person whose name is listed on the schedule in accordance with section 2. (personne designée)

Minister

ministre

Minister means the Minister of Foreign Affairs. (ministre)

pension

pension

pension means a benefit paid under the Old Age Security Act, the Canada Pension Plan or an Act respecting the Quebec Pension Plan, R.S.Q. c. R-9, any superannuation, pension or benefit paid under or in respect of any retirement savings plan or under any retirement plan, any amount paid under or in respect of the Garnishment, Attachment and Pension Diversion Act or the Pension Benefits Division Act, and any other payment made in respect of disability. (pension)

List

Marginal note:Designated person

2 A person whose name is listed in the schedule is a person in respect of whom the Governor in Council, on the recommendation of the Minister, is satisfied that there are reasonable grounds to believe is

• (a) a former or current senior official of the Government of Burma, the State Peace and Development Council of Burma, the Union Solidarity and Development Association of Burma or a successor to any of the foregoing;

• (b) an associate or family member of a person set out in paragraph (a);

• (c) an entity owned, controlled or acting on behalf of a person set out in paragraphs (a) or (b); or

• (d) an entity owned or controlled or acting on behalf of the Government of Burma, the State Peace and Development Council of Burma, the Union Solidarity and Development Association of Burma or a successor to any of the foregoing.

Prohibitions

Marginal note:Export

3 Subject to section 18, no person in Canada shall export, sell, supply or ship any goods, wherever situated, to Burma, to any person in Burma or to any person for the purposes of any business carried on in or operated from Burma.

Marginal note:Import

4 Subject to section 18, no person in Canada shall import, purchase, acquire, ship or tranship any goods that are exported, supplied or shipped from Burma after the date of the coming into force of these Regulations, whether the goods originated in Burma or elsewhere.

Marginal note:Assets Freeze

5 No person in Canada and no Canadian outside Canada shall

• (a) deal, directly or indirectly, in any property of a designated person, including funds derived or generated from property that is owned or controlled, directly or indirectly, by that 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); or

• (d) make any property or any financial or other related service available, directly or indirectly, for the benefit of a designated person.

Marginal note:Technical data

6 No person in Canada shall transfer, provide or communicate, directly or indirectly, technical data to Burma or any person in Burma.

Marginal note:Investment — property in Burma held by or on behalf of Burma or national of Burma not ordinarily resident in Canada

• 7 (1) No person in Canada and no Canadian outside Canada shall invest in property situated in Burma and set out in subsection (3) held by or on behalf of Burma or a national of Burma who does not ordinarily reside in Canada.

• Marginal note:Investment — property held by or on behalf of a person in Burma

  (2) No person in Canada and no Canadian outside Canada shall invest in property set out in subsection (3) held by or on behalf of a person in Burma, including an entity carrying on business in Burma other than a national of Burma, by

  • (a) acquiring a controlling interest in an entity that invests in property situated in Burma and set out in subsection (3);

  • (b) establishing, with a controlling interest, an entity that invests in property situated in Burma and set out in subsection (3); or

  • (c) holding a controlling interest in an entity that invests, after the date of the coming into force of the Regulations, in property situated in Burma and set out in subsection (3).

• Marginal note:Property

  (3) Subsections (1) and (2) apply in respect of the following property:

  • (a) assets of an entity;

  • (b) equity in an entity;

  • (c) a debt security of an entity;

  • (d) a loan to an entity;

  • (e) an interest or a right in an entity that entitles the owner to a share in income or profits of the entity;

  • (f) an interest or a right in an entity that entitles the owner to a share in the assets of that entity;

  • (g) property used or intended to be used for the purpose of economic benefit or any other benefits; or

  • (h) interest or rights arising from the commitment of capital or other resources, including

    • (i) contracts involving an investor’s property, turnkey construction contracts, and concessions including the right to search for and extract oil and other resources, and

    • (ii) contracts when the remuneration depends substantially on the production, revenues or profits of an entity.

Marginal note:Financial services

8 Subject to section 19, no person in Canada or Canadian outside Canada shall provide to or acquire financial services from Burma or any person in Burma.

Marginal note:Docking — ship registered in Burma

9 No person shall dock in Canada or pass through Canada a ship that is registered in Burma, except if docking in Canada is necessary to safeguard human life.

Marginal note:Docking — ship registered under an Act of Parliament

10 No person shall dock in Burma a ship that is registered or licensed, or for which an identification number has been issued, pursuant to any Act of Parliament, except if docking in Burma is necessary to safeguard human life or to ensure access to humanitarian assistance.

Marginal note:Landing in Canada

11 No person shall land in Canada or fly over Canada an aircraft that is registered in Burma, except if landing in Canada is necessary to safeguard human life.

Marginal note:Landing in Burma

12 No person shall land in Burma an aircraft that is registered in Canada or operated in connection with a Canadian air operator’s certificate within the meaning of subsection 101.01(1) of the Canadian Aviation Regulations, except if landing in Burma is necessary to safeguard human life or to ensure access to humanitarian assistance.

Marginal note:Prohibition

13 No person in Canada and no Canadian outside Canada shall do anything that causes, assists or promotes, or is intended to cause, assist or promote, any act or thing prohibited by sections 3 to 12.

Duty to Determine

Marginal note:Determination

14 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 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; 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.

Disclosure

Marginal note:Report

• 15 (1) Every person in Canada and every Canadian outside Canada shall disclose without delay to the Commissioner of the Royal Canadian Mounted Police

  • (a) the existence of property in their possession or control that they have reason to believe is owned or controlled, directly or indirectly, by a designated person or by an entity owned or controlled by a designated person; and

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

• Marginal note:Immunity

  (2) No person contravenes subsection (1) by disclosing in good faith under that subsection.

Application to No Longer Be a Designated Person

Marginal note:Petition

• 16 (1) A designated person may apply to the Minister in writing to have their name removed from the schedule.

• Marginal note:Decision

  (2) On receipt of an application, the Minister shall decide whether there are reasonable grounds to recommend to the Governor in Council that the applicant’s name be removed from the schedule.

• Marginal note:Presumption

  (3) If the Minister does not make a decision on the application within 60 days after the day on which the application is received, the Minister is deemed to have decided to recommend that the applicant remain a designated person.

• Marginal note:Notice

  (4) The Minister shall give notice without delay to the applicant of any decision taken or deemed to have been taken.

• Marginal note:New application

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

Application for a Certificate

Marginal note:Mistaken identity

• 17 (1) A person claiming not to be a designated person may apply to the Minister for a certificate stating that they are not the person who has been designated under section 2.

• Marginal note:Certificate — time frame

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

Exclusions

Marginal note:Import and export

18 Sections 3 and 4 do not apply in respect of the following:

• (a) goods consigned to the Canadian Embassy in Bangkok, international organizations with diplomatic status, United Nations agencies, the International Red Cross and Red Crescent Movement or non-governmental organizations that are involved in humanitarian relief work in Burma, provided that an export permit under the Export and Import Permits Act has been granted for goods exported from Canada to Burma;

• (b) personal or settlers’ effects that are taken or shipped by an individual leaving Canada or Burma and that are solely for the use of the individual or the individual’s immediate family;

• (c) supplies exported from Canada to Burma, provided that an export permit under the Export and Import Permits Act has been granted for them, that no property referred to in section 5 is used for their payment, and that those supplies are

  • (i) intended strictly for medical purposes and consigned to a medical facility such as a hospital or clinic, or

  • (ii) composed of foodstuffs intended for human consumption;

• (d) informational materials, including books and other publications, provided that an export permit under the Export and Import Permits Act has been granted for those goods exported from Canada to Burma, that they do not contain technical data and that no property referred to in section 5 is used for their payment; and

• (e) personal correspondence including lettermail, printed papers and postcards of a weight not exceeding 250g per item of correspondence.

Marginal note:Financial services

19 Section 8 does not apply in respect of

• (a) any transaction in respect of the bank accounts of the Embassy of the Union of Myanmar in Ottawa that are used for their regular business;

• (b) non-commercial remittances of less than $1000 sent to or from Burma or any person in Burma, provided that the funds are not being sent by, to or on behalf of a designated person and the person providing the financial services keeps a record of the transaction;

• (c) any transaction to international organizations with diplomatic status, United Nations agencies, the International Red Cross and Red Crescent Movement or Canadian non-governmental organizations who have entered into a grant or contribution agreement with the Canadian International Development Agency, for the purpose of pursuing humanitarian relief work in Burma; and

• (d) any pension payable to a person in Burma who is not a designated person.

Application Prior to Publication

Marginal note:Application

20 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

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