Regulations Amending the Regulations Establishing a List of Entities: SOR/2024-156

Canada Gazette, Part II, Volume 158, Number 15

Registration
SOR/2024-156 June 27, 2024

CRIMINAL CODE

The Minister of Public Safety and Emergency Preparedness makes the annexed Regulations Amending the Regulations Establishing a List of Entities under subsection 83.05(1.2)footnote a of the Criminal Code footnote b.

Ottawa, June 21, 2024

Dominic LeBlanc
Minister of Public Safety and Emergency Preparedness

Regulations Amending the Regulations Establishing a List of Entities

Amendments

1 (1) Section 1 of the Regulations Establishing a List of Entities footnote 1 is amended by replacing “Kurdistan Workers Party (PKK) (also known among other names as Kurdistan Workers Party, Partya Karkeren Kurdistan, Kurdistan Labor Party, Kurdistan Freedom and Democracy Congress, KADEK, Kurdistan People’s Congress, Kurdistan Halk Kongresi (KHK), People’s Congress of Kurdistan and Kongra-Gel) (also known among other names as Aum Shinri Kyo, Aum, Aum Supreme Truth, A. I. C. Comprehensive Research Institute, A. I. C. Sogo Kenkyusho and Aleph)” with the following:

(2) Section 1 of the Regulations is amended by replacing “Aum Shinrikyo (also known among other names as Aum Shinri Kyo, Aum, Aum Supreme Truth, A. I. C. Comprehensive Research Institute, A. I. C. Sogo Kenkyusho and Aleph)” with the following:

(3) Section 1 of the Regulations is amended by replacing “Islamic Movement of Uzbekistan (IMU) (also known among other names as O’zbekiston Islomiy Harakati, Harakat ul-Islamiyyah, Islamic Movement of Turkestan, Islamic Party of Turkestan (IPT) and IMU-IPT)” with the following:

(4) Section 1 of the Regulations is amended by replacing “Al-Aqsa Martyrs’ Brigade (AAMB) (also known among other names as Al-Aqsa Intifada Martyrs’ Group, Al-Aqsa Brigades, Martyrs of al-Aqsa group, Al-Aqsa Martyrs Battalion and Armed Militias of the Al-Aqsa Martyr Battalions)” with the following:

(5) Section 1 of the Regulations is amended by replacing “Fuerzas Armadas Revolucionarias de Colombia (FARC) (also known among other names as Revolutionary Armed Forces of Colombia, Revolutionary Armed Forces of Colombia-People’s Army (Fuerzas Armadas Revolucionarias de Colombia-Ejército del Pueblo, FARC-EP), National Finance Commission (Comisión Nacional de Finanzas) and Coordinadora Nacional Guerrillera Simon Bolivar (CNGSB))” with the following:

(6) Section 1 of the French version of the Regulations is amended by replacing “Ejército de Liberación Nacional (ELN) (connue notamment sous les noms suivants : Armée nationale de libération et Armée de libération nationale)” with the following:

(7) Section 1 of the Regulations is amended by replacing “Babbar Khalsa International (BKI) (also known as Babbar Khalsa)” with the following:

(8) Section 1 of the French version of the Regulations is amended by replacing “Lashkar-e-Taïba (LeT) [connu notamment sous les noms suivants : Jamaat-ud-Dawa (JuD) (Association de la profession de la foi), al-Anfal Trust, Tehrik-e-Hurmate-e-Rasool, Tehreek Hurmat-e-Rasool, al Mansoorian (les Vainqueurs), Armée des purs, Paasban-e-Kashmir (Brigade du Cachemire), Paasban-i-Ahle-Hadith (Brigade Ahle-Hadith), fondation Falah-i-Insaniat, Idara Khidmat-e-Khalq, Lashkar-e-Toiba, Lashkar-i-Toiba (LiT), Lashkar-i-Taiba (Saint Régiment), Lashkar-e-Tayyiba (LT) (Armée des justes), Lashkar-e-Taibyya, Lashkar-e-Taiba, Lashkar-e-Tayyiba (Armée des purs et des justes), Lashkar-e-Taiba (Armée des justes), Lashkar-Taiba (Armée des bons), Lashkar e Toiba, Lashkar e Taiba, Lashkar-E-Tayyaba, Lashkar e Tayyiba]” with the following:

(9) Section 1 of the French version of the Regulations is amended by replacing “Lashkar-e-Jhangvi (LJ) [connu notamment sous les noms suivants : Lashkar-i-Jhangvi, Lashkar-e-Jhangvie, Laskar-e-Jhangvi, Lashkare Jhangvi, Lashkar-e-Jhangwi, Lashkar-i-Jhangwi, Jhangvi Army, Lashkar-e Jhangvi, Lashkar Jhangvi, Lashkar-e-Jhanvi (LeJ), Lashkar-i-Jangvi, Lashkar e Jhangvi, Lashkar Jangvi, Laskar e Jahangvi]” with the following:

(10) Section 1 of the Regulations is amended by replacing “Ansar al-Islam (AI) (also known among other names as the Partisans of Islam, Helpers of Islam, Supporters of Islam, Soldiers of God, Kurdistan Taliban, Soldiers of Islam, Kurdistan Supporters of Islam, Supporters of Islam in Kurdistan, Followers of Islam in Kurdistan and Ansar al-Sunna)” with the following:

(11) Section 1 of the Regulations is amended by replacing “Kahane Chai (Kach) (also known among other names as Meir’s Youth, No’ar Meir, Repression of Traitors, State of Yehuda, Sword of David, Dikuy Bogdim, DOV, Judea Police, Kahane Lives, Kfar Tapuah Fund, State of Judea, Judean Legion, Judean Voice, Qomemiyut Movement, Way of the Torah and Yeshiva of the Jewish Idea)” with the following:

(12) Section 1 of the French version of the Regulations is amended by replacing “Al Chabaab (connu notamment sous les noms suivants : Harakat Shabaab Al-Moudjahidine, Al Chabab, Chabaab, la Jeunesse, Mouvement des moudjahidin al-Shabab, Mouvement de la jeunesse moudjahidin, MJM, Jeunes moudjahidin, Hizbul Shabaab, Hisb’ul Shabaab, al-Shabaab al-Islamiya, Aile jeunesse, al Shabaab al-Islaam, al-Shabaab al-Jihad, l’Union de la jeunesse islamique et le Mouvement populaires de résistance dans la terre des deux migrations)” with the following:

(13) Section 1 of the Regulations is amended by replacing “Al Qaida in the Arabian Peninsula (AQAP) (also known among other names as Ansar al-Shari’a (AAS), Al-Qaida of Jihad Organization in the Arabian Peninsula, Tanzim Qa’idat al-Jihad fi Jazirat al-Arab, Al-Quaida Organization in the Arabian Peninsula (AQAP), Al-Quaida in the South Arabian Peninsula and Al-Qaida in Yemen (AQY))” with the following:

(14) Section 1 of the Regulations is amended by replacing “Tehrik-e-Taliban Pakistan (TTP) (also known among other names as Tehrik-e-Taliban Pakistan, Tehrik-I-Taliban Pakistan, Tehrik-e-Taliban, Pakistani Taliban, Tehreek-e-Taliban, Tehrik Taliban-I-Pakistan, Tehrik-i-Taliban Pakistan, Tehreek-e-Taliban Pakistan and Mouvement des talibans du Pakistan)” with the following:

(15) Section 1 of the French version of the Regulations is amended by replacing “État islamique (EI) (connu notamment sous les noms suivants : Daech, État islamique en Irak et au Levant, EIIL, État islamique en Irak et en Syrie, EIIS, État islamique d’Irak et d’al-Cham, EIIC, Al-Dawla Al-Islamiya fi al-Iraq wa al-Sham, Al-Qaïda en Irak, Al-Qaida en Irak, Al-Qaïda en Iraq, Al-Qaeda en Irak, Al-Qaida en Iraq, AQI, AQI-Zarqawi, al-Tawhid, Tawhid et Jihad, Kateab al-Tawhid, Brigades du Tawhid, Brigades de l’unicité de dieu, Monothéisme et jihad, Groupe monothéisme et djihad, Groupe du monothéisme et de la guerre sainte, Al Qaida du djihad au pays des deux fleuves, Al-Qaida du jihad au pays des deux fleuves, Al-Qaïda au pays des deux fleuves, Organisation du jihad d’al-Qaida dans le pays des deux fleuves, Al-Qaida du jihad en Irak, Al-Qaïda du djihad en Irak, Organisation de la base du djihad au pays des deux fleuves, Base du jihad au pays des deux fleuves, Organisation de la base du jihad au pays des deux fleuves, The Organization of al-Jihad’s Base of Operations in the Land of the Two Rivers, The Organization of al-Jihad’s Base in the Land of the Two Rivers, The Organization of al-Jihad’s Base of Operations in Iraq, The Organization of al-Jihad’s Base in Iraq, Base du jihad en Mésopotamie, Al-Qaïda en Mésopotamie, Tanzim Qa’idat Al-Jihad fi Bilad al-Rafidayn, Tanzim al-Qaeda al-Jihad fi Bilad al-Rafidain, Tanzeem Qa’idat al Jihad/Bilad al Raafidaini, Jama’at Al-Tawhid Wa’al-Jihad, JTJ, État islamique d’Irak, ISI, Conseil de la choura des moudjahidines, Unification et guerre sainte, Unification et djihad, Unicité et guerre sainte, Organisation de l’unicité et du djihad, Réseau Zarkaoui et Réseau al-Zarkaoui)” with the following:

(16) Section 1 of the English version of the Regulations is amended by replacing “Islamic Revolutionary Guard Corps’ Qods Force (also known among other names as Pasdaran-e Enghelab-e Islami (Pasdaran), Sepah-e Qods, Qods/Quds, al Quds, al Quds Force, Qods/Quds Force, Qods Corps, Jerusalem Corps, Jerusalem Force and Qods Force)” with the following:

(17) Section 1 of the Regulations is amended by replacing “Taliban (also known among other names as Afghan Taliban, Tahreek-i-Islami-i-Taliban Afghanistan, Movement of Islamic Students, Taleban, Islamic Movement of the Taliban (De Talebano Islami Ghurdzang or Tehrik) and Islamic Emirate of Afghanistan (De Afghanistan Islami Emarat))” with the following:

(18) Section 1 of the Regulations is amended by replacing “al-Muwaqi’un Bil Dima (also known among other names as Al Mouaquioune bi addimaa, Katibat al-Muqaoon bil-Dumaa, al-Muwaqun Bi-Dima, Al-Muawaqqi’un bi ’l-Dima, al-Mouwakoune bi-Dimaa, al-Mua’qi’oon Biddam, Those Who Sign With Blood, El Mouwakaoune Bidame, Those Who Have Signed Through Blood, the Signatories for Blood, the Signatories in Blood and Those Who Sign in Blood)” with the following:

(19) Section 1 of the Regulations is amended by replacing “Boko Haram (also known among other names as Jama’atu Ahlis Sunna Lidda’awati Wal-Jihad (People of the Tradition of the Prophet for Preaching and Striving / Group Committed to Propagating the Prophet’s Teachings and Jihad))” with the following:

(20) Section 1 of the French version of the Regulations is amended by replacing “Al-Mourabitoune (connue notamment sous les noms suivants : Al-Murabitoun, Mourabitounes, Al-Mourabitoun, Al-Morabitoune et Les Almoravides)” with the following:

(21) Section 1 of the French version of the Regulations is amended by replacing “Brigades Abdullah Azzam (BAA) [connues notamment sous les noms suivants : Brigades Abdallah Azzam, Brigades d’Abdullah Azzam et Brigades du martyr Abdullah Azzam]” with the following:

(22) Section 1 of the Regulations is amended by replacing “Al Qaida in the Indian Subcontinent (AQIS) (also known among other names as Qaedat al-Jihad in the Indian Subcontinent, and Jamaat Qaidat al Jihad fi Shibh al Qarrah al Hindiyah (Organisation of the Base of Jihad in the Indian Subcontinent))” with the following:

(23) Section 1 of the French version of the Regulations is amended by replacing “Moudjahidines indiens (MI) (connus notamment sous les noms suivants : Moudjahidins indiens, Mujahidin indien et Force de sécurité islamique – MI (FSI–MI))” with the following:

(24) Section 1 of the Regulations is amended by replacing “HASAM (Harakat Sawa’d Misr) (also known among other names as Hassam, The Hasam Movement, Hasm, Hassm, the Hassm Movement, Harikat Souaid Misr, Harakah Sawa’id Misr, the Movement of Egypt’s Arms, the Movement of Egypt’s Forearms and the Arms of Egypt Movement)” with the following:

Coming into Force

2 These Regulations come into force on the day on which they are made.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

Amendments to the Regulations Establishing a List of Entities (the Regulations), including changes to the names and aliases of listed entities, ensure currency to the List of Terrorist Entities and the application of appropriate consequences. Updates to this list also support the Government of Canada’s efforts to protect Canadians against the threat of terrorism.

Background

On December 18, 2001, the Anti-terrorism Act received royal assent, amending the Criminal Code to allow the Government of Canada to create a list of terrorist entities. Under the Criminal Code, the Governor in Council (GiC) may, on the recommendation of the Minister of Public Safety and Emergency Preparedness (the Minister), establish a list of entities if the GiC is satisfied that there are reasonable grounds to believe that the entity has knowingly carried out, attempted to carry out, participated in or facilitated a terrorist activity; or has knowingly acted on behalf of, at the direction of or in association with an entity that has knowingly carried out, attempted to carry out, participated in or facilitated a terrorist activity.

An entity is defined in the Criminal Code as a person, group, trust, partnership or fund or an unincorporated association or organization. A listed entity is included in the definition of terrorist group in the Criminal Code so offences applicable to terrorist groups apply to these entities. However, unlike terrorist groups that are not listed, a prosecution related to a listed entity does not require the Crown to demonstrate that the entity has, as one of its purposes or activities, facilitated or carried out a terrorist activity.

The Criminal Code makes it an offence, among others, to knowingly

Pursuant to subsection 83.05(1.2) of the Criminal Code, in order to maintain the currency of this list and to reflect the ways terrorist groups evolve and change, the Minister may, by regulation,

In spring 2024, the Minister completed a review of 47 listed entities, pursuant to the Criminal Code statutory requirement. During the review process, Public Safety (PS), the Royal Canadian Mounted Police (RCMP) and the Canadian Security Intelligence Service (CSIS) identified 23 entities whose aliases require modifications in order to align them with the most recent Security Intelligence Reports (SIRs) or Criminal Intelligence Reports (CIRs). These SIRs/CIRs assessed each of the 47 entities under review to determine whether there are still reasonable grounds to maintain their listing and to identify any amendments to the names and aliases on the list. The amendments to the aliases of 23 entities are based on intelligence collected during the review process and include the removal or addition of certain aliases and the modification of existing aliases.

Objective

The Regulations Establishing a List of Entities establish a list of terrorist entities which is relied on to determine the scope and applicability of Canada’s counter-terrorist laws. Pursuant to paragraph 83.05(1.2)(b) of the Criminal Code, the Regulations Amending the Regulations Establishing a List of Entities amend the names and aliases of 23 entities to ensure they reflect current information about these listed entities. These changes ensure that government departments and agencies, as well as financial institutions, have the necessary information to uphold counterterrorism regulations.

Description

The Regulations Amending the Regulations Establishing a List of Entities make the following changes to section 1 of the Regulations Establishing a List of Entities:

The removal of aliases from the following four entities:

The amendments required for the remaining 19 entities include grammatical and stylistic changes to ensure the aliases align with the most recent intelligence included in the SIRs or CIRs.

Regulatory development

Consultation

PS officials consulted with the RCMP and CSIS to ensure the list aligns with strategic priorities, Canada’s domestic needs and international considerations. Changes to the names and aliases are based on information from intelligence reports produced by CSIS, RCMP and PS. No external public consultation was undertaken in association with these amendments to the Regulations. Independent counsel from the Department of Justice was consulted on all SIR/CIRs.

An exemption from prepublication was sought for these amendments to the Regulations in order to protect the protected information that the listings program relies on.

Modern treaty obligations and Indigenous engagement and consultation

As required by the 2015 Cabinet Directive on the Federal Approach to Modern Treaty Implementation, an assessment of modern treaty implications was conducted for the amendments to the Regulations. It was determined that there is no direct modern treaty implications or obligations identified.

Instrument choice

The Regulations Establishing a List of Entities establish a list of terrorist entities. The terrorist listings program is intentionally built around the utilization of the Regulations, which facilitates the prosecution of perpetrators and supporters of terrorism and plays a key role in countering terrorist financing. These amendments adjust the names and aliases of entities on that list.

No other types of instruments were considered.

Regulatory analysis

Benefits and costs

Financial institutions are required to update their consolidated lists of terrorist entities. The application of the list is administrative in nature and incurs minimal to no additional costs to financial institutions required to implement counter-terrorist financing obligations. Stakeholder obligations are minimal (e.g. reporting requirements to CSIS or RCMP) once these amendments come into force. As a result of these amendments, financial institutions may need to update their searches to reflect the amended names and aliases for these terrorist entities to ensure they are capturing any assets belonging to these entities. However, there are minimal to no costs associated with these amendments.

The amendments reflect the ways terrorist groups morph and change and will ensure alignment with the most recent information available regarding certain listed terrorist entities.

Small business lens

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

One-for-one rule

The one-for-one rule does not apply, as there is no incremental change in the administrative burden on business and no regulatory titles are repealed or introduced.

Regulatory cooperation and alignment

The list of entities pursuant to the Criminal Code enhances Canada’s national security, strengthens the Government’s ability to take action against terrorism and gives effect to international obligations including the implementation of the United Nations’ International Convention for the Suppression of the Financing of Terrorism and the United Nations’ Security Council Resolution 1373. The provisions set out in subsection 83.05(1.2) of the Criminal Code, which authorize the Minister of Public Safety and Emergency Preparedness to add or remove an alias or modify a primary name, for an already listed entity, without approval by the GiC, simplify the administration of the list and improve its currency.

Strategic environmental assessment

These amendments to the Regulations come into force on the day on which they are made. In accordance with the Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals, a preliminary scan concluded that a strategic environmental assessment is not required, as there are no environmental considerations associated with these amendments.

Gender-based analysis plus

No impacts based on gender and other identity factors have been identified for these amendments.

Implementation, compliance and enforcement, and service standards

Compliance is ensured by criminal law sanctions. For instance, everyone who knowingly participates in or contributes to any activity of a terrorist group for the purpose of enhancing the ability of any terrorist group to facilitate or carry out a terrorist activity is guilty of an indictable offence and liable to imprisonment. The definition of “terrorist group” includes a listed entity. Regularly updating the names and aliases of listed entities prevents terrorist groups from evading the consequences of being a listed entity by using a new name that is not listed. It can also be used to prevent penalizing groups who are not listed, but who may use similar names.

Contact

Public Safety Canada
269 Laurier Avenue West
Ottawa, Ontario
K1A 0P8
Telephone: 613‑994‑4875 or 1‑800‑830‑3118