Interpretation

Marginal note:Definitions

1 The following definitions apply in these Regulations.

Canadian

Canadian means a citizen within the meaning of the Citizenship Act, a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act or a corporation incorporated or continued by or under the laws of Canada or of a province. (Canadien)

Committee of the Security Council

Committee of the Security Council means the Committee of the Security Council of the United Nations established under paragraph 16 of Security Council Resolution 2206. (Comité du Conseil de sécurité)

designated person

designated person means a person that is designated by the Committee of the Security Council under paragraph 6 of Security Council Resolution 2206. (personne désignée)

entity

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

Focal Point for De-listing

Focal Point for De-listing means the Focal Point for De-listing established under Resolution 1730 (2006) of December 19, 2006, adopted by the Security Council. (point focal pour les demandes de radiation)

Minister

Minister means the Minister of Foreign Affairs. (ministre)

official

official means a person who

• (a) is or was employed in the service of Her Majesty in right of Canada or of a province;

• (b) occupies or occupied a position of responsibility in the service of Her Majesty in right of Canada or of a province; or

• (c) is or was engaged by or on behalf of Her Majesty in right of Canada or of a province. (fonctionnaire)

Panel of Experts

Panel of Experts means the Panel of Experts that is established under Security Council Resolution 2206. (Groupe d’experts)

person

person means an individual or entity. (personne)

property

property means any real, personal, movable or immovable property. (bien)

Security Council

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

Security Council Resolution 2206

Security Council Resolution 2206 means Resolution 2206 (2015) of March 3, 2015, adopted by the Security Council. (résolution 2206 du Conseil de sécurité)

South Sudan

South Sudan means the Republic of South Sudan and includes

• (a) any of its political subdivisions;

• (b) its government and any of its departments or a government or department of its political subdivisions; and

• (c) any of its agencies or any agency of its political subdivisions. (Soudan du Sud)

working day

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

Application

Marginal note:Binding on Her Majesty

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

Prohibitions

Marginal note:Prohibited activities

3 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, by a person acting on behalf of, or at the direction of, a designated person or by a person that is owned, held or controlled by a designated person;

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

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

• (d) make any property or any financial or related service available, directly or indirectly, to a designated person, to a person acting on behalf of, at the direction of, or for the benefit of a designated person, or to or for the benefit of a person that is owned, held or controlled by a designated person.

Marginal note:Assisting in a prohibited activity

4 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 section 3.

Obligations

Marginal note:Duty to determine

5 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.

Marginal note:Duty to disclose — RCMP or CSIS

• 6 (1) Every person in Canada, every Canadian outside Canada and every entity set out in section 5 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).

Applications

Marginal note:Exemption

• 7 (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 did not intend that such an 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

• 8 (1) A person whose property has been affected by the application of section 3 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 it is subject to a lien, mortgage or security interest, to a hypotec 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 2206 that the property is necessary for basic or extraordinary expenses or that it is subject to a lien, mortgage or security interest, to a hypotec or prior claim, to a charge or to a judicial, administrative or arbitral decision, the Minister must issue a certificate within the following timelines:

  • (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 days after receiving the application, in the case of property that is subject to a lien, mortgage or security interest, to a hypotec 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.

Marginal note:Certificate — parties to contract

• 9 (1) A person who is a party to a contract or a gratuitous transfer may apply to the Minister in writing for a certificate to exempt property from the application of section 3 to permit them to receive payments or a transfer from a designated person or to permit a designated person to make payments or to carry out the transfer.

• Marginal note:Certificate — time period

  (2) The Minister must issue a certificate within 90 days after receiving the application and at least 10 working days after advising the Committee of the Security Council of his or her intention to issue the certificate, if it is established that

  • (a) the contract was entered into or the transfer carried out prior to any party becoming a designated person; and

  • (b) the payments or transfer are not to be received, directly or indirectly, by a designated person, by a person acting on behalf of, or at the direction of, a designated person or by an entity that is owned, held or controlled, directly or indirectly, by a designated person.

Marginal note:Mistaken identity

• 10 (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.

Disclosure of Information

Marginal note:Disclosure by official

• 11 (1) An official may, for the purpose of responding to a request from the Security Council, the Committee of the Security Council, the Panel of Experts or the Focal Point for De-listing, disclose personal information to the Minister.

• Marginal note:Disclosure by Minister

  (2) The Minister may, for the purpose of administering or enforcing these Regulations or fulfilling an obligation under a resolution of the Security Council, disclose personal information to the Security Council, the Committee of the Security Council, the Panel of Experts or the Focal Point for De-listing.

Legal Proceedings

Marginal note:Prohibition — legal proceedings

12 No legal proceedings lie in Canada at the instance of the Government of South Sudan, of any person or entity in South Sudan, of a designated person or of any person claiming through or acting on behalf of or for the benefit of any such person or entity in connection with any contract or other dealing if its performance was prevented in any way by these Regulations.

Application Before Publication

Marginal note:Application

13 For the purpose of paragraph 11(2)(a) of the Statutory Instruments Act, these Regulations apply before they are published in the Canada Gazette.

Coming into Force

Marginal note:Registration

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