Interpretation

Marginal note:Definitions

1 The following definitions apply in these Regulations.

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)

Burma

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

controlling interest[Repealed, SOR/2012-85, s. 1]

designated person

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

Minister

Minister means the Minister of Foreign Affairs. (ministre)

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:Asset freeze

3 Subject to section 18, it is prohibited for any person in Canada and any Canadian outside Canada to

• (a) deal in any property, wherever situated, held by or on behalf of a designated person;

• (b) enter into or facilitate any transaction related to a dealing referred to in paragraph (a);

• (c) provide any financial or related service in respect of a dealing referred to in paragraph (a);

• (d) make any goods, wherever situated, available to a designated person; or

• (e) provide any financial or related service to or for the benefit of a designated person.

Marginal note:Restricted or prohibited activities

4 Subject to section 19, it is prohibited for any person in Canada and any Canadian outside Canada to

• (a) export, sell, supply, ship, transport or otherwise deal in arms and related material, wherever situated, destined for Burma or any person in Burma;

• (b) import, purchase, acquire, ship, transport or otherwise deal in arms and related material, wherever situated, that are exported from Burma after December 13, 2007;

• (c) transfer, provide or communicate technical data related to military activities or to the provision, manufacture, maintenance or use of arms and related material to Burma or any person in Burma; or

• (d) provide or acquire financial or other services related to military activities or to the provision, manufacture, maintenance or use of arms and related material to, from or for the benefit of or on the direction or order of Burma or any person in Burma.

5 [Repealed, SOR/2012-85, s. 2]

6 [Repealed, SOR/2012-85, s. 2]

7 [Repealed, SOR/2012-85, s. 2]

8 [Repealed, SOR/2012-85, s. 2]

9 [Repealed, SOR/2012-85, s. 2]

10 [Repealed, SOR/2012-85, s. 2]

11 [Repealed, SOR/2012-85, s. 2]

12 [Repealed, SOR/2012-85, s. 2]

Marginal note:Assisting in a prohibited activity

13 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.

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;

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

• (j) 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.

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 proceedings under the Special Economic Measures Act and no civil proceedings lie against a person for a disclosure made in good faith under subsection (1).

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 90 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:Exceptions to section 3

18 Section 3 does not apply in respect of

• (a) any activity engaged in under an agreement or arrangement between Canada and Burma;

• (b) any payment made by or on behalf of a designated person that is due under a contract entered into before the person became a designated person, provided that the payment is not made to or for the benefit of a designated person;

• (c) any goods made available, or services provided, to or by any of the following entities for the purpose of safeguarding human life, disaster relief, democratization, stabilization or providing food, medicine, medical supplies or equipment or development assistance:

  • (i) an international organization with diplomatic status,

  • (ii) a United Nations agency,

  • (iii) the International Red Cross and Red Crescent Movement, or

  • (iv) a non-governmental organization that has entered into a grant or contribution agreement with the Department of Foreign Affairs and International Trade or the Canadian International Development Agency; and

• (d) any transaction necessary for a Canadian to transfer any existing accounts, funds or investments of a Canadian held with a designated person to a person other than a designated person.

Marginal note:Exceptions to section 4

19 Section 4 does not apply in respect of

• (a) protective clothing and equipment, including flak jackets and military helmets, for the personal use of United Nations personnel, human rights monitors, representatives of the media and humanitarian and development workers and associated personnel;

• (b) non-lethal military equipment intended solely for humanitarian, human rights monitoring or protective use, and related technical assistance and training; and

• (c) members of the Canadian Forces who are in or travel to Burma in the performance of official duties, including providing security to Canadian diplomatic staff, providing humanitarian assistance, or engaging in other activities authorized by the Chief of the Defence Staff.

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.