Interpretation

1 The definitions in this section apply in these Regulations.

aircraft

aircraft includes a helicopter. (aéronef)

Al-Qaida Sanctions Committee

Al-Qaida Sanctions Committee means the Committee of the Security Council established by paragraph 6 of Security Council Resolution 1267 (1999) of October 15, 1999. (Comité des sanctions contre Al-Qaïda)

Al-Qaida Sanctions List

Al-Qaida Sanctions List means the list referred to in paragraph 2 of Security Council Resolution 1390 (2002) of January 16, 2002, and maintained by the Al-Qaida Sanctions Committee. (liste des sanctions contre Al-Qaïda)

arms and related material

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

Canadian

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

Canadian ship

Canadian ship has the same meaning as in section 2 of the Canada Shipping Act. (navire canadien)

Committee of the Security Council

Committee of the Security Council[Repealed, SOR/2014-212, s. 1]

designated territory

designated territory[Repealed, SOR/2004-160, s. 2]

entity

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

Guidelines of the Al-Qaida Sanctions Committee

Guidelines of the Al-Qaida Sanctions Committee means the document entitled Guidelines of the Committee for the Conduct of its Work that was adopted on November 7, 2002 by the Al-Qaida Sanctions Committee, as amended from time to time. (Directives du Comité des sanctions contre Al-Qaïda)

Guidelines of the Committee of the Security Council

Guidelines of the Committee of the Security Council[Repealed, SOR/2014-212, s. 1]

Guidelines of the 1988 Sanctions Committee

Guidelines of the 1988 Sanctions Committee means the document entitled Guidelines of the Committee for the Conduct of its Work that was adopted on November 30, 2011 by the 1988 Sanctions Committee, as amended from time to time. (Directives du Comité 1988)

judge

judge means the Chief Justice of the Federal Court or a judge of that Court designated by the Chief Justice. (juge)

list of the Committee of the Security Council

list of the Committee of the Security Council[Repealed, SOR/2014-212, s. 1]

Minister

Minister means the Minister of Foreign Affairs. (ministre)

1988 Sanctions Committee

1988 Sanctions Committee means the Committee of the Security Council established by paragraph 30 of Security Council Resolution 1988 (2011) of June 17, 2011. (Comité 1988)

1988 Sanctions List

1988 Sanctions List means the list referred to in paragraph 1 of Security Council Resolution 1988 (2011) of June 17, 2011, and maintained by the 1988 Sanctions Committee. (liste de la résolution 1988)

person

person means an individual or an entity. (personne)

person associated with Al-Qaida

person associated with Al-Qaida means any person listed in the Al-Qaida Sanctions List with the exception of any entity referred to in the Regulations Establishing a List of Entities. (personne liée à Al-Qaïda)

person associated with the Taliban

person associated with the Taliban means any person listed in the 1988 Sanctions List with the exception of any entity referred to in the Regulations Establishing a List of Entities. (personne liée au Taliban)

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 Resolution

Security Council Resolution[Repealed, SOR/2001-86, s. 1]

Security Council Resolutions

Security Council Resolutions means Resolution 1267 (1999) of October 15, 1999, Resolution 1333 (2000) of December 19, 2000, Resolution 1373 (2001) of September 28, 2001, Resolution 1390 (2002) of January 16, 2002, Resolution 1452 (2002) of December 20, 2002, Resolution 1455 (2003) of January 17, 2003, Resolution 1526 (2004) of January 30, 2004, Resolution 1617 (2005) of July 29, 2005, Resolution 1735 (2006) of December 22, 2006, Resolution 1822 (2008) of June 30, 2008, Resolution 1904 (2009) of December 17, 2009, Resolution 1988 (2011) of June 17, 2011, Resolution 1989 (2011) of June 17, 2011, Resolution 2082 (2012) of December 17, 2012, and Resolution 2083 (2012) of December 17, 2012 adopted by the Security Council of the United Nations. (résolutions du Conseil de sécurité)

Taliban

Taliban[Repealed, SOR/2014-212, s. 1]

technical assistance

technical assistance includes instruction, training, consulting services or technical advice or the transfer of 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)

Usama bin Laden or his associates

Usama bin Laden or his associates[Repealed, SOR/2014-212, s. 1]

Application

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

Prohibitions

3 No person in Canada and no Canadian outside Canada shall knowingly provide or collect by any means, directly or indirectly, funds with the intention that the funds be used, or in the knowledge that the funds are to be used, by a person associated with the Taliban or a person associated with Al-Qaida.

3.1 to 3.4 [Repealed, SOR/2004-160, s. 3]

4 No person in Canada and no Canadian outside Canada shall knowingly

• (a) deal directly or indirectly in any property of a person associated with the Taliban including funds derived or generated from property owned or controlled, directly or indirectly, by a person associated with the Taliban or by a person acting on behalf of, or at the direction of, a person associated with the Taliban;

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

• (c) provide any financial services or any other services in respect of any property referred to in paragraph (a); or

• (d) make any property or any financial or other related service available, directly or indirectly, for the benefit of a person associated with the Taliban.

4.1 No person in Canada and no Canadian outside Canada shall knowingly

• (a) deal directly or indirectly in any property of a person associated with Al-Qaida including funds derived or generated from property owned or controlled, directly or indirectly, by a person associated with Al-Qaida or by a person acting on behalf of, or at the direction of, a person associated with Al-Qaida;

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

• (c) provide any financial services or any other services in respect of any property referred to in paragraph (a); or

• (d) make any property or any financial or other related service available, directly or indirectly, for the benefit of a person associated with Al-Qaida.

4.2 No person in Canada and no Canadian outside Canada shall knowingly export, sell, supply or ship, directly or indirectly, arms and related material, wherever situated, to a person associated with the Taliban or a person associated with Al-Qaida.

4.3 No owner or master of a Canadian ship and no operator of an aircraft registered in Canada shall knowingly carry, cause to be carried or permit to be carried, directly or indirectly, arms and related material, wherever situated, that are destined for a person associated with the Taliban or a person associated with Al-Qaida.

4.4 No person in Canada and no Canadian outside Canada shall knowingly provide, directly or indirectly, technical assistance related to military activities to a person associated with the Taliban or a person associated with Al-Qaida.

4.5 to 4.6 [Repealed, SOR/2004-160, s. 6]

5 No person in Canada and no Canadian outside Canada shall knowingly do anything that causes, assists or promotes, or is intended to cause, assist or promote, any act or thing prohibited by any of sections 4 to 4.4.

Duty to Determine

• 5.1 (1) Each of the following entities must determine on a continuing basis whether it is in possession or control of property owned or controlled by or on behalf of a person associated with the Taliban or a person associated with Al-Qaida:

  • (a) authorized foreign banks, as defined in section 2 of the Bank Act, in respect of their business in Canada, or banks to which that Act applies;

  • (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 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 engaged in the business of insuring risks that are regulated by a provincial Act;

  • (f) companies to which the Trust and Loan Companies Act applies;

  • (g) trust companies regulated by a provincial Act;

  • (h) loan companies regulated by a provincial Act; and

  • (i) entities authorized under provincial legislation to engage in the business of dealing in securities, or to provide portfolio management or investment counselling services.

• (2) Every entity referred to in subsection (1) must report monthly, to the principal agency or body that supervises or regulates it under federal or provincial law, either

  • (a) that it is not in possession or control of any property referred to in subsection (1), or

  • (b) that it is in possession or control of that property, in which case it must report the number of persons, contracts or accounts involved and the total value of the property.

• (3) No person contravenes subsection (2) by making a report in good faith under that subsection.

Disclosure

• 5.2 (1) Every person in Canada and every Canadian outside Canada 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 controlled by or on behalf of a person associated with the Taliban or a person associated with Al-Qaida; and

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

• (2) No person contravenes subsection (1) for disclosure made in good faith under that subsection.

Delisting

• 5.3 (1) Any Canadian or person in Canada claiming not to be a person associated with the Taliban or a person associated with Al-Qaida may petition the Minister in writing to be delisted from the 1988 Sanctions List or the Al-Qaida Sanctions List in accordance with the Guidelines of the 1988 Sanctions Committee or the Guidelines of the Al-Qaida Sanctions Committee, as the case may be.

• (2) The Minister must notify the petitioner, within 60 days after the day on which the petition is received, of his or her decision as to whether to submit the petition to the appropriate committee of the Security Council. If the petition is submitted, the Minister must submit it in accordance with the committee’s Guidelines.

• (3) A person may not submit another petition under subsection (1), unless there has been a material change in circumstances since the time when the last petition was submitted.

Judicial Review

• 5.4 (1) Within 60 days after the date of receipt of the notice of the decision referred to in subsection 5.3(2), the applicant may apply to a judge for judicial review of the decision.

• (2) When an application is made, the judge shall, without delay

  • (a) examine, in private, any security or criminal intelligence reports relating to the applicant’s designation as a person associated with the Taliban or a person associated with Al-Qaida and hear any other evidence or information that may be presented by or on behalf of the Minister and may, at the request of the Minister, hear all or part of that evidence or information in the absence of the applicant and any counsel representing the applicant if the judge is of the opinion that the disclosure of the information would injure national security or endanger the safety of any person;

  • (b) provide the applicant with a statement summarizing the information available to the judge so as to enable the applicant to be reasonably informed of the reasons for the decision, without disclosing any information the disclosure of which would, in the judge’s opinion, injure national security or endanger the safety of any person;

  • (c) provide the applicant with a reasonable opportunity to be heard; and

  • (d) determine whether the decision is reasonable on the basis of the information available to the judge and, if found not to be reasonable, order that the Minister seek a review of the case.

• (3) The judge may receive into evidence anything that, in the opinion of the judge, is reliable and appropriate, even if it would not otherwise be admissible under Canadian law, and may base his or her decision on that evidence.

• 5.5 (1) For the purposes of subsection 5.4(2), in private and in the absence of the applicant or any counsel representing it,

  • (a) the Minister may make an application to the judge for the admission of information obtained in confidence from a government, an institution or an agency of a foreign state, from an international organization of states or from an institution or an agency of an international organization of states; and

  • (b) the judge shall examine the information and provide counsel representing the Minister with a reasonable opportunity to be heard as to whether the information is relevant but should not be disclosed to the applicant or any counsel representing it because the disclosure would injure national security or endanger the safety of any person.

• (2) The information shall be returned to counsel representing the Minister and shall not be considered by the judge in making the determination under paragraph 5.4(2)(d), if

  • (a) the judge determines that the information is not relevant;

  • (b) the judge determines that the information is relevant but should be summarized in the statement to be provided under paragraph 5.4(2)(b); or

  • (c) the Minister withdraws the application.

• (3) If the judge determines that the information is relevant but that its disclosure would injure national security or endanger the safety of persons, the information shall not be disclosed in the statement mentioned in paragraph 5.4(2)(b), but the judge may base the determination under paragraph 5.4(2)(d) on it.

Exceptions

• 5.6 (1) A person claiming not to be a person whose name appears on the 1988 Sanctions List or the Al-Qaida Sanctions List may apply to the Minister for a certificate stating that the person is not the person whose name appears on the 1988 Sanctions List or the Al-Qaida Sanctions List, as the case may be.

• (2) The Minister must, within 30 days after the day on which the application is received, issue a certificate to the applicant if it is established that the applicant is not the person whose name appears on the 1988 Sanctions List or the Al-Qaida Sanctions List, as the case may be.

• 5.7 (1) A person whose property has been affected by section 4 or 4.1 may apply to the Minister for a certificate to exempt property from the application of either of those sections if the property is necessary for basic or extraordinary expenses.

• (2) If the necessity of that property is established in conformity with Security Council Resolution 1452 (2002) of December 20, 2002, the Minister must issue a certificate

  • (a) in the case of property necessary for basic expenses, within 15 days after the day on which the application is received, if

    • (i) in the case of property affected by section 4, the 1988 Sanctions Committee did not refuse the release of the property, or

    • (ii) in the case of property affected by section 4.1, the Al-Qaida Sanctions Committee did not refuse the release of the property; and

  • (b) in the case of property necessary for extraordinary expenses, within 30 days after the day on which the application is received, if

    • (i) in the case of property affected by section 4, the 1988 Sanctions Committee approved the release of the property, or

    • (ii) in the case of property affected by section 4.1, the Al-Qaida Sanctions Committee approved the release of the property.

6 No person contravenes these Regulations by doing an act or thing prohibited by any of sections 4 to 5 if, before that person does that act or thing, the Minister issues a certificate to the person stating that

• (a) the Security Council Resolutions do not intend that such an act or thing be prohibited; or

• (b) the act or thing has been approved

  • (i) by the 1988 Sanctions Committee, in the case of an act or thing prohibited in respect of a person whose name is on the 1988 Sanctions List,

  • (ii) by the Al-Qaida Sanctions Committee, in the case of an act or thing prohibited in respect of a person whose name is on the Al-Qaida Sanctions List, or

  • (iii) by the Security Council of the United Nations.

7 [Repealed, SOR/2004-160, s. 7]

Coming into Force

8 These Regulations come into force on November 14, 1999.