Interpretation

Marginal note:Definitions

1 The following definitions apply in these Regulations.

Convention

Convention means the Vienna Convention on Diplomatic Relations, done at Vienna on April 18, 1961.  (Convention)

designated person

designated person means a person who is in Russia, or is a national of Russia who does not ordinarily reside in Canada, and whose name is listed in either one of Schedules 1, 2 or 3. (personne désignée)

Minister

Minister means the Minister of Foreign Affairs. (ministre)

pension

pension means a benefit paid under the Old Age Security Act, the Canada Pension Plan or an Act respecting the Quebec Pension Plan, CQLR, c. R-9, any superannuation, pension or benefit paid under or in respect of any retirement savings plan or under any retirement plan, any amount paid under or in respect of the Garnishment, Attachment and Pension Diversion Act or the Pension Benefits Division Act, and any other payment made in respect of disability.  (pension)

Russia

Russia means the Russian Federation and includes

• (a) any political subdivision of the Russian Federation;

• (b) the government, and any department, of the Russian Federation or of a political subdivision of the Russian Federation; and

• (c) any agency of the Russian Federation or of a political subdivision of the Russian Federation. (Russie)

List

Marginal note:Schedule 1

2 A person whose name is listed in Schedule 1 is a person in respect of whom the Governor in Council, on the recommendation of the Minister, is satisfied that there are reasonable grounds to believe is

• (a) a person engaged in activities that directly or indirectly facilitate, support, provide funding for or contribute to a violation or attempted violation of the sovereignty or territorial integrity of Ukraine or that obstruct the work of international organizations in Ukraine;

• (a.1) a person who has participated in gross and systematic human rights violations in Russia;

• (b) a former or current senior official of the Government of Russia;

• (c) an associate or family member of a person described in any of paragraphs (a) to (b);

• (d) an entity owned or controlled by, or acting on behalf of, a person described in any of paragraphs (a) to (c); or

• (e) a senior official of an entity described in paragraph (d).

Marginal note:Schedules 2 and 3

2.1 A person whose name is listed in Schedule 2 or 3 is a person in respect of whom the Governor in Council, on the recommendation of the Minister, is satisfied that there are reasonable grounds to believe is a person owned or controlled by, or acting on behalf of, a person described in any of paragraphs 2(a) to (b).

Prohibitions

Marginal note:Prohibited transactions and activities

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

• (a) deal in any property, wherever situated, held by or on behalf of a designated person whose name is listed in Schedule 1;

• (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 a dealing referred to in paragraph (a);

• (d) make any goods, wherever situated, available to a designated person listed in Schedule 1; or

• (e) provide any financial or related service to or for the benefit of a designated person listed in Schedule 1.

Marginal note:New debt financing — 30 days

• 3.1 (1) It is prohibited for any person in Canada and any Canadian outside Canada to transact in, provide financing for or otherwise deal in new debt of longer than 30 days’ maturity, including bonds, loans, debentures, extensions of credit, loan guarantees, letters of credit, bank drafts, bankers’ acceptances, discount notes, treasury bills, commercial paper and other similar instruments, in relation to

  • (a) a designated person listed in Schedule 2;

  • (b) the property of a designated person listed in Schedule 2; or

  • (c) the interests or rights in property of a designated person listed in Schedule 2.

• Marginal note:New debt financing — 90 days

  (1.1) It is prohibited for any person in Canada and any Canadian outside Canada to transact in, provide financing for or otherwise deal in new debt of longer than 90 days’ maturity, including bonds, loans, debentures, extensions of credit, loan guarantees, letters of credit, bank drafts, bankers’ acceptances, discount notes, treasury bills, commercial paper and other similar instruments, in relation to

  • (a) a designated person listed in Schedule 3;

  • (b) the property of a designated person listed in Schedule 3; or

  • (c) the interests or rights in property of a designated person listed in Schedule 3.

• Marginal note:Non-application

  (2) Subsections (1) and (1.1) do not apply if the activities referred to in those subsections were undertaken before the designated person was listed in Schedule 2 or 3.

Marginal note:New equity financing

• 3.2 (1) It is prohibited for any person in Canada and any Canadian outside Canada to transact in, provide financing for or otherwise deal in new securities, including shares or any other ownership interest, in relation to

  • (a) a designated person listed in Schedule 2;

  • (b) the property of a designated person listed in Schedule 2; or

  • (c) the interests or rights in property of a designated person listed in Schedule 2.

• Marginal note:Non-application

  (2) Subsection (1) does not apply if the activities referred to in that subsection were undertaken before the designated person was listed in Schedule 2.

Marginal note:Oil exploration or production

• 3.3 (1) It is prohibited for any person in Canada and any Canadian outside Canada to export, sell, supply or ship any good referred to in column 1 of Schedule 4, wherever situated, to Russia or to any person in Russia for use in

  • (a) offshore oil exploration or production at a depth greater than 500 m;

  • (b) oil exploration or production in the Arctic; or

  • (c) shale oil exploration or production.

• Marginal note:Services

  (2) It is prohibited for any person in Canada and any Canadian outside Canada to provide to Russia or to any person in Russia any financial, technical or other services related to any good whose export, sale, supply or shipment is prohibited by subsection (1).

• Marginal note:Non-application

  (3) Subsections (1) and (2) do not apply to goods or services if a contract for the export, sale, supply or shipment of the good or for any related service set out in subsection (2) is entered into before the day on which this section comes into force.

Marginal note:Non-application

4 Section 3 does not apply in respect of

• (a) any payment made by or on behalf of a designated person listed in Schedule 1 that is due under a contract entered into before the designated person was listed in that Schedule, provided that the payment is not made to or for the benefit of a designated person listed in that Schedule;

• (b) pension payments to any person in Canada or any Canadian outside Canada;

• (c) any transaction in respect of any account at a financial institution held by a diplomatic mission, if the transaction is required in order for the mission to fulfill its diplomatic functions as set out in Article 3 of the Convention or, if the diplomatic mission has been temporarily or permanently recalled, when the transaction is required in order to maintain the mission premises;

• (d) any transaction to international organizations with diplomatic status, United Nations agencies, the International Red Cross and Red Crescent Movement, or Canadian non-governmental organizations that have entered into a grant or contribution agreement with the Department of Foreign Affairs, Trade and Development;

• (e) any transactions necessary for a Canadian to transfer to a person not listed in Schedule 1 any accounts, funds or investments of a Canadian held by a designated person listed in that schedule on the day on which that person was listed in Schedule 1;

• (f) financial services required in order for a designated person listed in Schedule 1 to obtain legal services in Canada with respect to the application of any of the prohibitions set out in these Regulations; and

• (g) any dealings with a designated person listed in Schedule 1 required with respect to loan repayments made to any person in Canada, or any Canadian outside Canada, for loans entered into with any person other than a designated person listed in Schedule 1 or with a designated person listed in that Schedule before the day on which that person was listed in that Schedule, and for enforcement or realization of security in respect of those loans, or payments by guarantors guaranteeing those loans.

Marginal note:Assisting in a prohibited activity

5 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 to 3.3.

Obligations

Marginal note:Duty to determine

6 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 designated person listed in Schedule 1:

• (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 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 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;

• (i) entities that engage in any activity described 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:Disclosure

• 7 (1) Every person in Canada and every Canadian outside Canada must disclose without delay to the Commissioner of the Royal Canadian Mounted Police

  • (a) the existence of property in their possession or control that they have reason to believe is owned or controlled, directly or indirectly, by a designated person listed in Schedule 1 or by an entity owned or controlled by a designated person listed in that Schedule; and

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

• Marginal note:Immunity

  (2) No proceedings under the Special Economic Measures Act and no civil proceedings lie against a person for a disclosure made in good faith under subsection (1).

Applications

Marginal note:Application to no longer be designated person

• 8 (1) A designated person may apply in writing to the Minister to have their name removed from Schedule 1, 2 or 3.

• Marginal note:Recommendation

  (2) On receipt of the application, the Minister must decide whether there are reasonable grounds to recommend to the Governor in Council that the applicant’s name be removed from Schedule 1, 2 or 3.

• Marginal note:Decision

  (3) The Minister must make a decision on the application within 90 days after the day on which the application is received.

• Marginal note:Notice

  (4) The Minister must give notice without delay to the applicant of the decision taken.

• Marginal note:New application

  (5) If there has been a material change in circumstances since the last application was submitted, a person may submit another application under subsection (1).

Marginal note:Application for certificate

• 9 (1) A person claiming not to be a designated person may apply to the Minister for a certificate stating that they are not the person who has been designated under either section 2 or 2.1

• Marginal note:Decision

  (2) If it is established that the person is not a designated person, the Minister must issue a certificate to the applicant within 30 days after the day on which the application is received.

Application Prior to Publication

Marginal note:Statutory Instruments Act

10 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

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