Regulations Implementing the United Nations Resolutions on Somalia (SOR/2009-92)

9.1 [Repealed, SOR/2020-120, s. 2]

9.2 [Repealed, SOR/2020-120, s. 2]

Marginal note:Exception — suppression of piracy

• 10 (1) Subsection 3(1) and paragraph 5(a) do not apply to an activity that is intended solely to support a Member State of the United Nations or an international, regional or sub-regional organization in undertaking measures to suppress piracy and armed robbery at sea off the coast of Somalia, if the activity is in accordance with Security Council Resolution 2111.

• Marginal note:Exception — Canadian vessels

  (2) Subsection 3(1) does not apply to arms and related material that are carried for defensive purposes on a Canadian vessel as defined in section 2 of the Canada Shipping Act, 2001.

Marginal note:Assisting in prohibited activity

11 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 2 to 6.

Obligations

Marginal note:Duty to determine

12 The following entities must determine on a continuing basis whether they are in possession or control of property that is owned, held or controlled by or on behalf of a designated person under paragraph 3 or a designated person under paragraph 8:

• (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 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 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 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; 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.

Marginal note:Duty to disclose — RCMP or CSIS

• 13 (1) Every person in Canada, every Canadian outside Canada and every entity set out in section 12 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 designated person under paragraph 3 or a designated person under paragraph 8; and

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

• Marginal note:Immunity

  (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).

Applications

Marginal note:Exemption

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

• Marginal note:Certificate

  (2) The Minister must issue the certificate if the Security Council did not intend that the activity be prohibited or if the Security Council or the Committee of the Security Council has approved the activity in advance.

Marginal note:Basic or extraordinary expenses

• 15 (1) A person whose property is affected by the application of section 2 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 or is subject to a lien, mortgage or security interest, to a hypothec or prior claim, to a charge or to a judicial, administrative or arbitral decision.

• Marginal note:Certificate

  (2) If it is established in accordance with Security Council Resolution 1844 that the property is necessary for basic or extraordinary expenses or that it is subject to a lien, mortgage or security interest, to a hypothec or prior claim, to a charge or to a judicial, administrative or arbitral decision, 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 necessary for basic expenses, if the Committee of the Security Council did not oppose the application;

  • (b) within 30 working days after receiving the application, in the case of property necessary for extraordinary expenses, if the Committee of the Security Council approved the application; and

  • (c) within 90 working days after receiving the application, in the case of property that is subject to a lien, mortgage or security interest, to a hypothec or prior claim, to a charge or to a judicial, administrative or arbitral decision that

    • (i) was created or issued before the person became a designated person under paragraph 3 or a designated person under paragraph 8,

    • (ii) is not for the benefit of a person referred to in subparagraph (i), and

    • (iii) has been brought to the attention of the Committee of the Security Council by the Minister.

Marginal note:Mistaken identity

• 16 (1) A person whose name is the same as or similar to the name of a designated person under paragraph 3 or a designated person under paragraph 8 and that claims not to be that designated person may apply to the Minister in writing for a certificate stating that they are not that designated person under paragraph 3 or that designated person under paragraph 8.

• Marginal note:Determination by Minister

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

  • (a) issue the certificate, if it is established that the applicant is not the designated person under paragraph 3 or the designated person under paragraph 8; or

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

Personal Information

Marginal note:Communication by Minister

• 17 (1) The Minister may, for the purpose of enforcing these Regulations or fulfilling any obligation under a resolution of the Security Council with respect to Somalia or to respond to a request from the Security Council or any of its subsidiary organs, disclose any personal information to an official or the Security Council or any of its subsidiary organs.

• Marginal note:Receipt of information

  (2) An official may receive any personal information disclosed to them under subsection (1).

• Marginal note:Communication by official

  (3) An official may, for the purpose of enforcing these Regulations or fulfilling any obligation under a resolution of the Security Council with respect to Somalia or to respond to a request from the Security Council or any of its subsidiary organs, disclose any personal information to the Minister.

18 [Repealed, SOR/2020-120, s. 2]