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Regulations Implementing the United Nations Resolution on Eritrea (SOR/2010-84)

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

Obligations (continued)

Marginal note:Duty to disclose — RCMP or CSIS

  •  (1) Every person in Canada, every Canadian outside Canada and every entity set out in section 11 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; 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).

  • SOR/2019-60, s. 21

Applications

Marginal note:Exemption

  •  (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.

  • Marginal note:Certificate

    (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/2019-60, s. 21

Marginal note:Exemption for property

  •  (1) A person whose property is affected by the application of section 9 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 1907 that 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, 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;

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

    • (c) within 90 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,

      • (ii) is not for the benefit of a designated person, and

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

  • SOR/2019-60, s. 21

Marginal note:Mistaken identity

  •  (1) A person whose name is the same as or similar to the name of a designated 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 designated person.

  • Marginal note:Determination by Minister

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

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

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

  • SOR/2019-60, s. 21

 [Repealed, SOR/2019-60, s. 21]

Application Prior to Publication

Marginal note:Application

 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

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

 
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