Regulations Implementing the United Nations Resolutions on Taliban, ISIL (Da’esh) and Al-Qaida (SOR/99-444)

Marginal note:Embargo — arms and related material

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

• (a) provide or collect funds by any means, directly or indirectly, 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 ISIL (Da’esh) or Al-Qaida;

• (b) sell, supply or transfer, directly or indirectly, arms and related material or explosives, wherever situated, to a person associated with the Taliban or to a person associated with ISIL (Da’esh) or Al-Qaida; or

• (c) provide, directly or indirectly, technical assistance or financial assistance related to the sale, supply, transfer, manufacture, maintenance or use of arms and related material or explosives to a person associated with the Taliban or to a person associated with ISIL (Da’esh) or Al-Qaida.

3.1 to 3.4 [Repealed, SOR/2004-160, s. 3]

Marginal note:Embargo — military activities

4 It is prohibited for any person in Canada or any Canadian outside Canada to knowingly provide, directly or indirectly, technical assistance or financial assistance related to military activities to a person associated with the Taliban or a person associated with ISIL (Da’esh) or Al-Qaida.

4.1 [Repealed, SOR/2020-115, s. 3]

4.2 [Repealed, SOR/2020-115, s. 3]

4.3 [Repealed, SOR/2020-115, s. 3]

4.4 [Repealed, SOR/2020-115, s. 3]

4.5 to 4.6 [Repealed, SOR/2004-160, s. 6]

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 or any explosives destined for a person associated with the Taliban or for a person associated with ISIL (Da’esh) or Al-Qaida.

5.1 [Repealed, SOR/2020-115, s. 3]

5.2 [Repealed, SOR/2020-115, s. 3]

5.3 [Repealed, SOR/2020-115, s. 3]

5.4 [Repealed, SOR/2020-115, s. 3]

5.5 [Repealed, SOR/2020-115, s. 3]

5.6 [Repealed, SOR/2019-60, s. 3]

5.7 [Repealed, SOR/2019-60, s. 3]

Marginal note:Assisting in prohibited activity

6 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 2 to 5.

Obligations

Marginal note:Duty to determine

• 7 (1) Each of the entities set out in subsection (2) 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) a person associated with the Taliban; or

  • (b) a person associated with ISIL (Da’esh) or Al-Qaida.

• Marginal note:Entities

  (2) The entities are:

  • (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) a 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

• 8 (1) Every person in Canada, every Canadian outside Canada and every entity set out in subsection 7(2) 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

    • (i) a person associated with the Taliban, or

    • (ii) a person associated with ISIL (Da’esh) or Al-Qaida; 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 that wishes to engage in any activity that is prohibited under these Regulations must, 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 must issue the certificate if the Security Council did not intend that the activity be prohibited or if the Security Council, the 1988 Sanctions Committee or the ISIL (Da’esh) and Al-Qaida Sanctions Committee, as the case may be, has approved the activity in advance.

Marginal note:Basic or extraordinary expenses

• 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.

• Marginal note:Certificate

  (2) If it is established in accordance with Resolution 1452 (2002) of December 20, 2002, adopted by the Security Council that the property is necessary for basic or extraordinary expenses, 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 necessary for basic expenses, if the 1988 Sanctions Committee or the ISIL (Da’esh) and Al-Qaida Sanctions Committee, as applicable, does not oppose the application; and

  • (b) within 30 working days after receiving the application, in the case of property necessary for extraordinary expenses, if the 1988 Sanctions Committee or the ISIL (Da’esh) and Al-Qaida Sanctions Committee, as applicable, approves the application.

Marginal note:Mistaken identity

• 11 (1) A person whose name is the same as or similar to the name of a person associated with the Taliban or to the name of a person associated with ISIL (Da’esh) or Al-Qaida and who claims not to be that person may apply to the Minister in writing for a certificate stating that they are not that person.

• Marginal note:Determination by Minister

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

  • (a) issue the certificate, if it is established that the applicant is not the person associated with the Taliban or the person associated with ISIL (Da’esh) or Al-Qaida, as the case may be; or

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

Personal Information

Marginal note:Communication by Minister

• 12 (1) The Minister may, for the purpose of enforcing these Regulations or fulfilling any obligation under a resolution of the Security Council with respect to the Taliban, ISIL (Da’esh) or Al-Qaida or to respond to a request from the Security Council or any of its subsidiary organs, disclose any personal information to an official or the Security Council or any of its subsidiary organs.

• Marginal note:Receipt of information

  (2) An official may receive any personal information disclosed to them under subsection (1).

• Marginal note:Communication by official

  (3) An official may, for the purpose of enforcing these Regulations or fulfilling any obligation under a resolution of the Security Council with respect to the Taliban, ISIL (Da’esh) or Al-Qaida or to respond to a request from the Security Council or any of its subsidiary organs, disclose any personal information to the Minister.