Regulations Amending the Regulations Establishing a List of Entities: SOR/2024-204

Canada Gazette, Part II, Volume 158, Number 1

Registration
SOR/2024-204 October 11, 2024

CRIMINAL CODE
P.C. 2024-1111 October 11, 2024

Whereas the Governor in Council, on the recommendation of the Minister of Public Safety and Emergency Preparedness, is satisfied that there are reasonable grounds to believe that the entity referred to in section 1 of the annexed Regulations Amending the Regulations Establishing a List of Entities 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 such an entity;

Therefore, Her Excellency the Governor General in Council, on the recommendation of 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)footnote a of the Criminal Code footnote b.

Regulations Amending the Regulations Establishing a List of Entities

Amendment

1 Section 1 of the Regulations Establishing a List of Entities footnote 1 is amended by adding the following at the end of that section:

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) support the Government of Canada’s efforts to protect Canadians against the threat of terrorism. The listing of terrorist entities upholds Canada’s counter-terrorism obligations and plays a key role in countering terrorist financing.

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 may, on the recommendation of the Minister, establish a list of entities if the Governor in Council 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

The Criminal Code provides for a thorough and fair mechanism for reviewing the listing of an entity. A listed entity may apply to the Minister requesting that it no longer be a listed entity. In such cases, the Minister would determine whether there are reasonable grounds to recommend to the Governor in Council that the applicant no longer be a listed entity. The entity may have the decision reviewed by the Federal Court.

The Minister has recommended that Samidoun should be added to the list of terrorist entities based on the fact that they have acted in association with listed terrorist entities.

Objective

The listing of an entity means that the entity’s property can be the subject of seizure/restraint and/or forfeiture. In addition, institutions, such as banks and brokerages, are subject to reporting requirements with respect to an entity’s property and must not allow those entities to access the property nor may these institutions deal with or otherwise dispose of the property.

Description

The Regulations Amending the Regulations Establishing a List of Entities add the following entity to the prescribed list:

Regulatory development

Consultation

Public Safety Canada officials consult with a number of federal partner organizations (departments and agencies), including the Royal Canadian Mounted Police (RCMP), Department of Justice, Financial Transactions and Reports Analysis Centre of Canada, Canadian Border Services Agency, Canadian Security Intelligence Service (CSIS), and Global Affairs Canada to identify entities to add to the list that align with strategic priorities, Canada’s domestic needs, and international considerations. No external public consultation was undertaken in association with these amendments to the Regulations.

An exemption from prepublication was sought for these amendments to the Regulations in order to ensure that the newly listed entity cannot disperse its finances in advance of its assets being frozen as a result of a listing.

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 are 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 counter-terrorism efforts and plays a key role in countering terrorist financing.

No other types of instruments were considered.

Regulatory analysis

Benefits and costs

Financial institutions are required to update their consolidated lists of terrorist entities and implement counter-terrorist financing obligations. The application of the list is administrative in nature and incurs minimal to no additional costs to financial institutions required to implement counterterrorist financing obligations. Stakeholder obligations are minimal (e.g. reporting requirements to CSIS or RCMP) once these regulations come into force. As a result, there are minimal costs associated with this amendment.

Amendments made to the list are necessary to ensure Canada continues to maintain a strong counter-terrorism posture and serves to assure our allies that Canada actively responds to terrorist developments abroad. In addition, the listing of an entity is a means to inform Canadians of the Government’s position with regard to a particular entity.

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 under the Criminal Code enhances Canada’s national security, strengthens the Government’s ability to take action against terrorists 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.

This amendment also aligns Canada’s terrorist list with the position of the country’s allies.

Strategic environmental assessment

In accordance with the Cabinet Directive on Strategic Environmental and Economic Assessment (SEEA Directive), a preliminary scan concluded that a SEEA is not required.

Gender-based analysis plus

No deleterious impacts based on gender and other identity factors have been identified for this proposal.

Implementation, compliance and enforcement, and service standards

The amendments to the Regulations come into force on the day on which they are made. 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.

Contact

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