Regulations Implementing the United Nations Resolutions on Haiti (SOR/2022-237)

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 equipment — including military vehicles — or paramilitary equipment, and their spare parts. (armes et matériel connexe)

Canadian

Canadian means a citizen within the meaning of the Citizenship Act or an entity established, 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 established under paragraph 19 of Security Council Resolution 2653. (Comité du Conseil de sécurité)

designated person

designated person means a person who is designated by the Committee of the Security Council. (personne désignée)

entity

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

Haiti

Haiti means the Republic of Haiti and includes

• (a) any of its political subdivisions;

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

• (c) any of its agencies and any agency of its political subdivisions. (Haïti)

Humanitarian Response Plan

Humanitarian Response Plan means a strategic plan prepared by the United Nations that addresses a protracted or sudden onset emergency in Haiti that requires international humanitarian assistance. (Plan d’aide humanitaire)

military activities

military activities means any activities conducted by state armed forces, non-state armed forces or armed mercenaries and any activities that support the operational capabilities of an armed group. (activités militaires)

Minister

Minister means the Minister of Foreign Affairs. (ministre)

official

official means an individual who

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

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

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

person

person means an individual or an entity. (personne)

Security Council

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

Security Council Resolution 2653

Security Council Resolution 2653 means Resolution 2653 (2022) of October 21, 2022, adopted by the Security Council. (résolution 2653 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)

working day

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

Prohibitions

Marginal note:Prohibited activities

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

• (a) deal in any property, wherever situated, that is owned — or that is 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, wherever situated, 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 — or that is held or controlled, directly or indirectly — by a designated person; or

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

Marginal note:Exception — humanitarian assistance

2.1 Section 2 does not prohibit the provision, processing or payment of funds, other financial assets or economic resources or the provision of goods and services that are necessary to ensure the timely delivery of humanitarian assistance or to support other activities that support basic human needs in Haiti by

• (a) the United Nations, including its programs, funds and other entities and bodies, as well as its specialized agencies and related organizations;

• (b) international organizations;

• (c) humanitarian organizations that have been granted observer status by the United Nations General Assembly and members of those humanitarian organizations;

• (d) bilaterally or multilaterally funded non-governmental organizations that are participating in any United Nations humanitarian response plan, refugee response plan or other United Nations appeals for assistance or in groups of humanitarian organizations coordinated by the United Nations Office for the Coordination of Humanitarian Affairs, including the employees, grantees, subsidiaries and implementing partners of those non-governmental organizations while acting in those capacities;

• (e) any other person authorized for that purpose by a United Nations committee established by the Security Council acting within its mandate.

Marginal note:Exception — interest

2.2 Section 2 does not prohibit the payment of interest or other earnings if the payment is the result of a dealing or transaction that occurred before the designated person referred to in that section became a designated person. However, that payment then becomes subject to section 2.

Marginal note:Embargo — arms and related material

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

• (a) export, sell, supply or transfer, directly or indirectly, arms and related material, wherever situated, to or for the benefit of a designated person; or

• (b) provide, directly or indirectly, technical assistance or financial assistance related to the sale, supply, transfer, manufacture, maintenance or use of arms and related material to or for the benefit of a designated person.

Marginal note:Embargo — military activities

4 It is prohibited for any person in Canada and any Canadian outside Canada to knowingly provide, directly or indirectly, technical assistance or financial assistance related to military activities to or for the benefit of a designated person.

Marginal note:Embargo — transport

5 It is prohibited for the owner or master of a Canadian vessel, as defined in section 2 of the Canada Shipping Act, 2001, any operator of an aircraft registered in Canada, any Canadian owner or master of a vessel or any Canadian operator of an aircraft to knowingly carry, cause to be carried or permit to be carried arms and related material that are destined for a designated person.

Marginal note:Assisting in prohibited activity

6 It is prohibited for any person in Canada and 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 5.

Obligations

Marginal note:Duty to determine

7 The following entities must determine on a continuing basis whether they are in possession or control of property that is owned — or that is held or controlled, directly or indirectly — by a designated person:

• (a) banks regulated by the Bank Act and, in respect of their business in Canada, authorized foreign banks as defined in section 2 of 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 business described in paragraph 5(h) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act if the business 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

• 8 (1) Every person in Canada, every Canadian outside Canada and every entity set out in section 7 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 — or that is held or controlled, directly or indirectly — by 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

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

• Marginal note:Certificate

  (2) The Minister must 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:Exemption for property

• 10 (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 2653 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 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,

    • (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

• 11 (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 2 to permit the receipt of 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 working days after receiving the application and at least 10 working days after advising the Security Council of the Minister’s 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 — or that is held or controlled, directly or indirectly — by a designated person.

Marginal note:Mistaken identity

• 12 (1) A person whose name is the same as or similar to the name of a designated person and who 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 working 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 the determination.

Disclosure of Information

Marginal note:Disclosure by official

• 13 (1) An official may, for the purpose of responding to a request from the Security Council, 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.