Regulations Amending and Repealing Certain Regulations Made Under the United Nations Act (Miscellaneous Program): SOR/2024-138

Canada Gazette, Part II, Volume 158, Number 14

Registration
SOR/2024-138 June 17, 2024

UNITED NATIONS ACT

P.C. 2024-716 June 17, 2024

Whereas the Security Council of the United Nations, acting under Article 41 of the Charter of the United Nations, adopted certain resolutions;

And whereas it appears to the Governor in Council to be necessary to make regulations for enabling the measures set out in those resolutions to be effectively applied;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Foreign Affairs, makes the annexed Regulations Amending and Repealing Certain Regulations Made Under the United Nations Act (Miscellaneous Program) under section 2 of the United Nations Act ^{footnote a}.

Regulations Amending and Repealing Certain Regulations Made Under the United Nations Act (Miscellaneous Program)

Regulations Implementing the United Nations Resolutions on the Suppression of Terrorism

1 Section 1 of the Regulations Implementing the United Nations Resolutions on the Suppression of Terrorism ^{footnote 1} is amended by adding the following in alphabetical order:

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

2 Subsection 2.1(3) of the Regulations is replaced by the following:

(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.

3 Subsection 2.2(1) of the Regulations is replaced by the following:

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.

4 Subsection 9(2) of the Regulations is replaced by the following:

(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.

5 The portion of subsection 11(2) of the Regulations before paragraph (a) is replaced by the following:

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

Regulations Implementing the United Nations Resolutions on Sudan

6 Section 1 of the Regulations Implementing the United Nations Resolutions on Sudan ^{footnote 2} is amended by adding the following in alphabetical order:

Minister: means the Minister of Foreign Affairs. (ministre)

7 The portion of subsection 13(2) of the Regulations before paragraph (a) is replaced by the following:

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 Committee of the Security Council of the intention to issue the certificate, if it is established that

Regulations Implementing the United Nations Resolutions on Iraq

8 (1) The definition Resolution in section 1 of the Regulations Implementing the United Nations Resolutions on Iraq ^{footnote 3} is replaced by the following:

Resolution: means a resolution adopted by the Security Council. (résolution)

(2) Section 1 of the Regulations is amended by adding the following in alphabetical order:

Security Council: means the Security Council of the United Nations. (Conseil de sécurité)
working day: means a day that is not a Saturday or a holiday. (jour ouvrable)

9 (1) Subsection 7(1) of the Regulations is replaced by the following:

7 (1) Every person in Canada and every Canadian outside of Canada who is knowingly in possession or control of any property described in paragraph 5(1)(a) must, without delay, notify the Minister in writing.

(2) Subsection 7(3) of the Regulations is replaced by the following:

(3) Unless notified by the Minister within 45 working days after sending the notice, the person must, at the end of that period, transfer without delay to the account of the Development Fund for Iraq at the Federal Reserve Bank of New York any cash, currency or securities, negotiable instruments or other financial instruments described in the notice that are not required to satisfy any decision or measure referred to in paragraph (2)(f).

(4) No proceedings under the United Nations Act and no civil proceedings lie against a person for a disclosure or transfer made in good faith under this section.

10 Subsection 8(2) of the Regulations is replaced by the following:

(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 has approved the activity in advance.

11 The portion of subsection 8.1(2) of the Regulations before paragraph (a) is replaced by the following:

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

Regulations Implementing the United Nations Resolutions on the Democratic Republic of the Congo

12 Section 1 of the Regulations Implementing the United Nations Resolutions on the Democratic Republic of the Congo ^{footnote 4} is amended by adding the following in alphabetical order:

Minister: means the Minister of Foreign Affairs. (ministre)

13 The portion of subsection 15(2) of the Regulations before paragraph (a) is replaced by the following:

Certificate — time period

Regulations Implementing the United Nations Resolutions on Iran

14 Subsection 10(2) of the Regulations Implementing the United Nations Resolutions on Iran ^{footnote 5} is replaced by the following:

Certificate

(2) The Minister must issue the certificate if the Security Council did not intend that such an act or thing be prohibited or if it is established that the requirements of Security Council Resolution 2231 have been met and, if required by that resolution, that the Security Council has approved the act or thing in advance.

15 (1) The portion of paragraph 11(2)(c) of the Regulations before subparagraph (i) is replaced by the following:

(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

(2) Subsection 11(3) of the Regulations is replaced by the following:

Certificate — paragraphs (1)(b) and (c)

(3) If it is established that the property is necessary for a project or activity referred to in paragraph (1)(b) or (c), the Minister must advise the Security Council of the intention to issue a certificate and, if the Security Council approves the project or activity, the Minister must issue the certificate.

16 The portion of subsection 12(2) of the Regulations before paragraph (a) is replaced by the following:

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 intention to issue the certificate, if it is established that

17 The portion of subsection 13(2) of the Regulations before paragraph (a) is replaced by the following:

Determination by Minister

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

Regulations Implementing the United Nations Resolution on Lebanon

18 The title of the Regulations Implementing the United Nations Resolution on Lebanon ^{footnote 6} is replaced by the following:

Regulations Implementing the United Nations Resolutions on Lebanon

19 (1) The definition Security Council Resolution in section 1 of the Regulations is repealed.

(2) Section 1 of the Regulations is amended by adding the following in alphabetical order:

Minister: means the Minister of Foreign Affairs. (ministre)
Security Council: means the Security Council of the United Nations. (Conseil de sécurité)

20 Subsection 8(2) of the Regulations is replaced by the following:

(2) The Minister must issue the certificate if the Security Council did not intend that such an activity be prohibited or if the activity has been approved in advance by the Security Council or the Committee of the Security Council established under Resolution 1636 (2005) of October 31, 2005, adopted by the Security Council.

Regulations Implementing the United Nations Resolutions on Somalia

21 Subsection 7(1) of the Regulations Implementing the United Nations Resolutions on Somalia ^{footnote 7} is replaced by the following:

Exception — non-lethal military equipment

7 (1) Subsection 3(1) and paragraph 5(a) do not apply to non-lethal military equipment intended solely for humanitarian or protective use, if the Committee of the Security Council has been notified five working days in advance of its intended use.

Regulations Implementing the United Nations Resolutions and Imposing Special Economic Measures on Libya

22 Subsection 6(3) of the French version of the Regulations Implementing the United Nations Resolutions and Imposing Special Economic Measures on Libya ^{footnote 8} is replaced by the following:

Mercenaires armés

(3) Il leur est interdit de sciemment fournir des mercenaires armés à la Libye et à toute personne en Libye.

23 Subsection 11(2) of the Regulations is replaced by the following:

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 or the Committee of the Security Council has approved the activity in advance.

24 The portion of paragraph 12(2)(c) of the Regulations before subparagraph (i) is replaced by the following:

(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

25 The portion of subsection 13(2) of the Regulations before paragraph (a) is replaced by the following:

Certificate — time period

26 The portion of subsection 14(2) of the Regulations before paragraph (a) is replaced by the following:

Determination by Minister

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

Regulations Implementing the United Nations Resolutions on the Central African Republic

27 The portion of subsection 15(2) of the Regulations Implementing the United Nations Resolutions on the Central African Republic ^{footnote 9} before paragraph (a) is replaced by the following:

Certificate — time period

28 Section 18 of the Regulations is replaced by the following:

Prohibition — legal proceedings

18 No legal proceedings lie in Canada at the instance of the Government of the Central African Republic, of any person in the Central African Republic, of a designated person or of any person claiming through or acting on behalf of any such person in connection with any contract or other dealing if its performance was prevented in any way by these Regulations.

Regulations Implementing the United Nations Resolutions on Yemen

29 Subsection 5(3) of the French version of the Regulations Implementing the United Nations Resolutions on Yemen ^{footnote 10} is replaced by the following:

Mercenaires armés

(3) Il leur est interdit de sciemment fournir des mercenaires armés à une personne désignée ou à une personne agissant pour son compte ou suivant ses instructions.

30 Subsection 10(2) of the Regulations is replaced by the following:

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.

31 The portion of paragraph 11(2)(c) of the Regulations before subparagraph (i) is replaced by the following:

(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

32 The portion of subsection 12(2) of the Regulations before paragraph (a) is replaced by the following:

Certificate — time period

33 The portion of subsection 13(2) of the Regulations before paragraph (a) is replaced by the following:

Determination by Minister

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

Regulations Implementing the United Nations Resolutions on South Sudan

34 The portion of subsection 13(2) of the Regulations Implementing the United Nations Resolutions on South Sudan ^{footnote 11} before paragraph (a) is replaced by the following:

Certificate — time period

Regulations Implementing the United Nations Resolutions on Mali

35 The Regulations Implementing the United Nations Resolutions on Mali ^{footnote 12} are repealed.

Regulations Implementing the United Nations Resolution on Haiti

36 The title of the Regulations Implementing the United Nations Resolution on Haiti ^{footnote 13} is replaced by the following:

Regulations Implementing the United Nations Resolutions on Haiti

Coming into Force

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

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

The Regulations Amending and Repealing Certain Regulations Made Under the United Nations Act (Miscellaneous Program, the Regulations) address two issues.

1. Between 2015 and 2019, counsel for the Standing Joint Committee on the Scrutiny of Regulations (SJCSR) identified a number of issues within several regulations under the United Nations Act (UNA). On March 31, 2023, a regulatory initiative under the Miscellaneous Program (SOR/2023-0070) corrected most of the non-substantive technical issues raised by the SJCSR. Through these miscellaneous amendments regulations, Global Affairs Canada (GAC) is addressing some remaining issues raised by the SJCSR that required further analysis, as well as defining “working day,” “Minister” and “Security Council” that the Government of Canada identified upon review of those statutory instruments. Amendments to the following regulations are being made to address the identified issues:

Regulations Implementing the United Nations Resolutions on the Suppression of Terrorism (Terrorism Regulations);
Regulations Implementing the United Nations Resolutions on Sudan (Sudan Regulations);
Regulations Implementing the United Nations Resolutions on Iraq (Iraq Regulations);
Regulations Implementing the United Nations Resolutions on the Democratic Republic of the Congo (Congo Regulations);
Regulations Implementing the United Nations Resolutions on Iran (Iran Regulations);
Regulations Implementing the United Nations Resolution on Lebanon (Lebanon Regulations);
Regulations Implementing the United Nations Resolutions on Somalia (Somalia Regulations);
Regulations Implementing the United Nations Resolutions and Imposing Special Economic Measures on Libya (Libya Regulations);
Regulations Implementing the United Nations Resolutions on the Central African Republic (CAR Regulations);
Regulations Implementing the United Nations Resolutions on Yemen (Yemen Regulations);
Regulations Implementing the United Nations Resolutions on South Sudan (South Sudan Regulations); and
Regulations Implementing the United Nations Resolution on Haiti (Haiti Regulations).

2. On August 31, 2023, the United Nations Security Council (UNSC) Resolution 2374 (2017) establishing a sanctions regime in Mali expired. Canada has an obligation, under Article 25 of the Charter of the United Nations, to carry out the decisions of the Security Council and, therefore, to repeal its Regulations Implementing the United Nations Resolutions on Mali made under the UNA following the expiration of the UNSC resolution.

Objective

The Regulations, which are part of the Miscellaneous Program, aim to

correct various errors and inconsistencies identified by the SJCSR;
clarify the terms “working day,” “Minister” and “Security Council”; and
lift Canada’s UNA sanctions regime on Mali to align with the UNSC’s decision to not extend the mandate of the 2374 Committee and the Panel of Experts, as required by Canadian Law.

Description and rationale

Amendments to regulations under the UNA:

1. Inclusion of a provision against self-incrimination in the Iraq Regulations

In 2019, the SJCSR raised the absence of a provision against self-incrimination in the Iraq Regulations, which GAC agreed to amend to align with other regulations under the UNA. Accordingly, a subsection was added in section 7 of the Iraq Regulations, with wording similar to the one used in other regulations under UNA.

2. Remove the Minister’s discretion regarding the issuance of certificates

In 2018, the SJCSR requested an explanation about the Minister’s discretion, in the Iran Regulations, to issue certificates to exempt an act, thing or property from the application of the prohibitions when the conditions are met. After consideration, GAC agreed to amend those provisions. This initiative extends this amendment to the following regulations by replacing the term “may” with “must” in the relevant provisions: Terrorism Regulations, subsection 9(2); Iraq Regulations, subsection 8(2); Iran Regulations, subsections 10(2) and 11(3); Lebanon Regulations, subsection 8(2); Libya Regulations, subsection 11(2); and Yemen Regulations, subsection 10(2).

3. Clarification of the terms “working day,” “Minister” and “Security Council”

Throughout the regulations under the UNA, the terms “day,” “working day,” “Minister” and “Security Council” were used inconsistently or without being properly defined. This initiative adds definitions of the terms and corrects the inconsistencies in the following regulations: Terrorism Regulations (working day only), in section 1 as well as subsections 2.1(3) and 2.2(1); Sudan Regulations (Minister and working day), in section 1 as well as subsection 13(2); Iraq Regulations (working day and Security Council), in section 1 as well as subsection 8.1(2); Congo Regulations (Minister and working day), in section 1 as well as subsection 15(2); Iran Regulations (working day only), in paragraph 11(2)(c) as well as subsections 12(2) and 13(2); Lebanon Regulations (Minister and Security Council), in section 1; Libya Regulations (working day), in paragraph 12(2)(c) and subsection 14(2); CAR Regulations (working day), in subsection 15(2); Somalia Regulations (working day), in subsection 7(1); Yemen Regulations (working day), in paragraph 11(2)(c) as well as subsections 12(2) and 13(2); and South Sudan Regulations (working day), in subsection 13(2).

4. Inconsistency of language used in the provisions regarding legal proceedings

In 2019, the SJCSR raised a discrepancy of language between the Mali Regulations and the Yemen Regulations pertaining to the provision against self-incrimination. Upon further review, GAC noticed that similar language was used in four additional regulations under UNA. This initiative aims to harmonize the wording in those provisions by aligning with the one used in section 14 of the Haiti Regulations. This change affects section 18 of the CAR Regulations, section 16 of the Libya Regulations and section 15 of the Yemen regulations.

5. Titles of the Lebanon and Haiti Regulations

In 2019, the SJCSR raised that the Mali Regulations title included the word “resolution” in its plural form whereas the UNSC only adopted one resolution. In order to avoid having to amend the titles of multiple regulations under the UNA each time a resolution is adopted, GAC opted for including the plural form of “resolution” in all titles of those statutory instruments. This initiative aims to correct the remaining inconsistency in the titles of the Lebanon Regulations and the Haiti Regulations. This change in the Lebanon Regulations also resulted in the repealing of the definition of “Security Council Resolution” in section 1.

6. Discrepancy between French and English regarding the term “armed mercenaries”

There is a discrepancy between provisions mentioning the term “armed mercenaries” in the French and English versions of the Libya and Yemen regulations: while, in English, the term “armed mercenaries” was used, the French version was translated as “armed mercenary services,” creating confusion as to the correct interpretation to give to this provision. The SJCSR raised this issue in the Yemen Regulations, as well as the Libya Regulations. The amendments were made in the French versions of subsection 5(3) of the Yemen Regulations, as well as in subsection 6(3) of the Libya Regulations, based on the language used in the CAR Regulations.

7. Replacement of the term “Director the Sanctions Policy and Operations Coordination Division of the Department of Foreign Affairs, Trade and Development” by ’Minister”

In the Iraq Regulations, the term “Director the Sanctions Policy and Operations Coordination Division of the Department of Foreign Affairs, Trade and Development” was replaced by ’Minister” in subsections 7(1) and (3) to avoid having to frequently amend this statutory instrument each time there is a change in the title of this position. This is also consistent with the approach taken in regulations under the UNA to notify or write to the Minister rather than a specific director.

Sanctions regime on Mali

The Regulations repeal the Regulations Implementing the United Nations Resolutions on Mali, which implemented into Canadian domestic law the asset freeze and dealings prohibition under UNSC Resolution 2374 (2017). This resolution was adopted to establish a regime of targeted sanctions against those responsible for obstructing the implementation of the 2015 Agreement on Peace and Reconciliation in Mali. It expired on August 31, 2023, following a draft resolution put forward by France and the United Arab Emirates to extend the mandate of the 2374 Committee and Panel of Experts, which were established by the UNSC Resolution 2374 (2017). Russia used its veto to vote against the extension, thereby terminating the United Nations sanctions regime against Mali.

The Regulations will enable Canada to fulfil its international obligations under Article 25 of the Charter of the United Nations and its domestic legal obligations under section 2 of the UNA by repealing a sanctions regime that is no longer supported by a UNSC resolution. The expiration of Resolution 2374 resulted in the ending of sanctions targeting individuals designed by the Sanctions Committee 2374.

One-for-one rule and small business lens

Analysis under the small business lens concluded that the amendments will not impact Canadian small businesses.

The one-for-one rule does not apply to this initiative as there is no impact on business. Though the Regulations Implementing the United Nations Resolutions on Mali and their associated administrative burden) are repealed, the repeal is not counted under the one-for-one rule as the Treasury Board exempted the regulation from the requirement to offset (burden and) regulatory titles when it was originally introduced.

Contact

Kelsey Comeau
Deputy Director
Regulatory Affairs and Litigation Support
Corporate Secretariat
Global Affairs Canada
125 Sussex Drive
Ottawa, Ontario
K1A 0G2
Email: kelsey.comeau@international.gc.ca