Interpretation

1 The definitions in this section apply in these Regulations.

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)

Committee of the Security Council

Committee of the Security Council means the Committee of the Security Council of the United Nations established by Resolution 1267 (1999) of October 15, 1999, adopted by the Security Council of the United Nations. (Comité du Conseil de sécurité)

entity

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

judge

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

listed person

listed person means a person whose name is listed in the schedule in accordance with section 2, with the exception of the following:

• (a) the entities referred to in the Regulations Establishing a List of Entities; and

• (b) any person associated with the Taliban as defined in section 1 of the Regulations Implementing the United Nations Resolutions on Taliban, ISIL (Da’esh) and Al-Qaida. (personne inscrite)

Minister

Minister means the Minister of Foreign Affairs. (ministre)

person

person means an individual or an entity. (personne)

property

property means real and personal property of every description and deeds and instruments 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)

working day

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

List

• 2 (1) A person whose name is listed in the schedule is a person who the Governor in Council, on the recommendation of the Minister, is satisfied that there are reasonable grounds to believe

  • (a) has carried out, attempted to carry out, participated in or facilitated the carrying out of a terrorist activity;

  • (b) is controlled directly or indirectly by any person conducting any of the activities set out in paragraph (a); or

  • (c) is acting on behalf of, or at the direction of, or in association with any person conducting any of the activities set out in paragraph (a).

• (2) and (3) [Repealed, SOR/2006-165, s. 3]

• 2.1 (1) Any listed person may apply in writing to the Minister to request to be removed from the schedule.

• (2) On receipt of a written application, the Minister shall decide whether there are reasonable grounds to recommend to the Governor in Council that the applicant be removed from the schedule.

• (3) If the Minister does not make a decision on the application within 60 working days after receipt of the application, the Minister is deemed to have decided to recommend that the applicant remain a listed person.

• (4) The Minister shall give notice without delay to the applicant of any decision taken or deemed to have been taken respecting the application.

• (5) A listed person may not make another application under subsection (1) unless there has been a material change in circumstances since the time the person made their last application.

Judicial Review

• 2.2 (1) Within 60 working days after receipt of the notice referred to in subsection 2.1(4), 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 considered in listing the applicant 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 whose disclosure 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 applicant no longer be a listed person.

• (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.

• (4) The Minister shall cause to be published, without delay, in the Canada Gazette notice of a final order of a court that the applicant no longer be a listed person.

• 2.3 (1) For the purposes of subsection 2.2(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 2.2(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 2.2(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 2.2(2)(b), but the judge may base his or her determination under paragraph 2.2(2)(d) on it.

Providing or Collecting Funds

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 listed person.

Freezing Property

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

• (a) deal directly or indirectly in any property of a listed person, including funds derived or generated from property owned or controlled directly or indirectly by that person;

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

• (c) provide any financial or other related service in respect of the 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 listed person.

5 All secured and unsecured rights and interests held by a person, other than a listed person or an officer, director, agent or other representative of a listed person, in the frozen property are entitled to the same ranking as they would have been entitled to had the property not been frozen.

Causing, Assisting or Promoting

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 3 and 4.

Obligations

7 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 listed 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.

• 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, held or controlled by or on behalf of a listed person; and

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

• (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

• 9 (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.

• (2) The Minister must issue the certificate if the Security Council of the United Nations did not intend that such an activity be prohibited or if the Security Council of the United Nations or the Committee of the Security Council has approved the activity in advance.

• 10 (1) A person whose property is affected by the application of section 4 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.

• (2) If it is established in accordance with Resolution 1452 (2002) of December 20, 2002, adopted by the Security Council of the United Nations, 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 that is necessary for basic expenses, if the Committee of the Security Council does not oppose the application; and

  • (b) within 30 working days after receiving the application, in the case of property that is necessary for extraordinary expenses, if that Committee approves the application.

10.1 [Repealed, SOR/2019-60, s. 5]

• 11 (1) A person whose name is the same as or similar to the name of a listed 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 listed person.

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

  • (a) if it is established that the applicant is not the listed person, issue the certificate; or

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

Coming into Force

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