Regulations Implementing the United Nations Resolutions on the Central African Republic (SOR/2014-163)

Regulations are current to 2019-07-01 and last amended on 2019-03-04. Previous Versions

Regulations Implementing the United Nations Resolutions on the Central African Republic

SOR/2014-163

UNITED NATIONS ACT

Registration 2014-06-19

Regulations Implementing the United Nations Resolutions on the Central African Republic

P.C. 2014-815 2014-06-18

Whereas the Security Council of the United Nations, acting under Article 41 of the Charter of the United Nations, adopted Resolution 2127 (2013) on December 5, 2013, Resolution 2134 (2014) on January 28, 2014 and Resolution 2149 (2014) on April 10, 2014;

And whereas it appears to the Governor in Council to be necessary to make regulations for enabling the measures set out in those resolutions to be effectively applied;

Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Foreign Affairs, pursuant to section 2 of the United Nations ActFootnote a, makes the annexed Regulations Implementing the United Nations Resolutions on the Central African Republic.

Interpretation

Marginal note:Definitions

 The following definitions apply in these Regulations.

armed mercenary personnel

armed mercenary personnel means any person who

  • (a) is specially recruited locally or abroad to use arms and related material in CAR;

  • (b) uses arms and related material in CAR and is motivated essentially by the desire for private gain;

  • (c) is not a member of the CAR armed forces; and

  • (d) has not been sent to CAR by a state on official duty as a member of that state’s armed forces. (mercenaire armé)

arms and related material

arms and related material includes any type of weapon, ammunition, military vehicle, military equipment or paramilitary equipment and their spare parts. (armes et matériel connexe)

BINUCA

BINUCA means the United Nations Integrated Peacebuilding Office in the Central African Republic. (BINUCA)

Canadian

Canadian means an individual who is a citizen within the meaning of the Citizenship Act or a body corporate incorporated by or continued under the laws of Canada or a province. (Canadien)

CAR

CAR means the Central African Republic and includes

  • (a) its political subdivisions;

  • (b) its government and departments and the government and departments of its political subdivisions; and

  • (c) its agencies or those of its political subdivisions. (RCA)

Committee of the Security Council

Committee of the Security Council means the Committee of the Security Council established under paragraph 57 of Security Council Resolution 2127. (Comité du Conseil de sécurité)

designated person

designated person means a person that is designated by the Committee of the Security Council under paragraph 32 of Security Council Resolution 2134. (personne designée)

entity

entity means a body corporate, trust, partnership, fund, unincorporated association or organization or foreign state. (entité)

MICOPAX

MICOPAX means the Mission for the consolidation of peace in the Central African Republic, led by the Economic Community of Central African States. (MICOPAX)

Minister

Minister means the Minister of Foreign Affairs. (ministre)

MINUSCA

MINUSCA means the United Nations Multidimensional Integrated Stabilization Mission in the Central African Republic. (MINUSCA)

MISCA

MISCA means the African-led International Support Mission in the Central African Republic. (MISCA)

person

person means an individual or entity. (personne)

property

property means property of every description and documents relating to or evidencing the title or right to property, or giving a right to recover or receive money or goods, and includes any funds, financial assets or economic resources. (bien)

Security Council

Security Council means the Security Council of the United Nations. (Conseil de sécurité)

Security Council Resolution 2127

Security Council Resolution 2127 means Resolution 2127 (2013) of December 5, 2013, adopted by the Security Council. (résolution 2127 du Conseil de sécurité)

Security Council Resolution 2134

Security Council Resolution 2134 means Resolution 2134 (2014) of January 28, 2014, adopted by the Security Council. (résolution 2134 du Conseil de sécurité)

technical assistance

technical assistance means any form of assistance, such as providing instruction, training, consulting services or technical advice or transferring know-how or technical data. (aide technique)

technical data

technical data includes blueprints, technical drawings, photographic imagery, computer software, models, formulas, engineering designs and specifications, technical and operating manuals and any technical information. (données techniques)

working day

working day means a day that is not Saturday or a holiday. (jour ouvrable)

  • SOR/2019-60, s. 25

Application

Marginal note:Application

 These Regulations are binding on Her Majesty in right of Canada or a province.

Prohibitions

Marginal note:Arms and related material

 It is prohibited for any person in Canada or any Canadian outside Canada to knowingly export, sell, supply or ship, directly or indirectly, arms and related material, wherever situated, to CAR or to any person in CAR.

Marginal note:Technical or financial assistance

 It is prohibited for any person in Canada or any Canadian outside Canada to knowingly provide or transfer to CAR or to any person in CAR, directly or indirectly, technical or financial assistance or any other assistance that is related to

  • (a) military activities, including the recruitment or provision of armed mercenary personnel; or

  • (b) the provision, manufacture, maintenance or use of arms and related material.

Marginal note:Use of vessels or aircraft

 It is prohibited for the owner or master of a Canadian vessel, as defined in section 2 of the Canada Shipping Act, 2001, or the operator of an aircraft registered in Canada to knowingly permit their vessel or aircraft, wherever situated, to be used by any person to carry out any of the activities referred to in sections 3 and 4.

Marginal note:Prohibited activities

 It is prohibited for any person in Canada or any Canadian outside Canada to knowingly

  • (a) deal in any property in Canada that is owned, held or controlled, directly or indirectly, by a designated person or by a person acting on behalf of or at the direction 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 services in respect of a dealing referred to in paragraph (a);

  • (d) make available any property or provide any financial or related services, to a designated person, to a person acting on behalf of or at the direction of a designated person or to an entity that is owned, held or controlled, directly or indirectly, by a designated person; or

  • (e) make available any property or provide any financial or related services for the benefit of any person or any entity referred to in paragraph (d).

  • SOR/2019-60, s. 26

Marginal note:Assisting in a prohibited activity

 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 to 6.

  • SOR/2019-60, s. 26

Obligations

Marginal note:Duty to determine

 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 designated 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/2019-60, s. 26
 
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