EXTRA Vol. 146, No. 1

Canada Gazette

Part Ⅱ

OTTAWA, MONDAY, AUGUST 20, 2012

Registration

SOR/2012-162 August 20, 2012

CRIMINAL CODE

Regulations Amending the Regulations Establishing a List of Entities

P.C. 2012-1014 August 20, 2012

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 entities referred to in the annexed Regulations Amending the Regulations Establishing a List of Entities have knowingly carried out, attempted to carry out, participated in or facilitated a terrorist activity or are knowingly acting 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;

Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Public Safety and Emergency Preparedness, pursuant to subsection 83.05(1) (see footnote a) of the Criminal Code (see footnote b), makes the annexed Regulations Amending the Regulations Establishing a List of Entities.

REGULATIONS AMENDING THE REGULATIONS
ESTABLISHING A LIST OF ENTITIES

AMENDMENTS

1. (1) Section 1 of the Regulations Establishing a List of Entities (see footnote 1) is amended by deleting the following:

Babbar Khalsa (BK)

(2) Section 1 of the Regulations is amended by replacing “Al Qaida” with the following:

Al Qaida (also known among other names as Islamic Army, Islamic Salvation Foundation, The Base, Group for the Preservation of the Holy Sites, Islamic Army for the Liberation of the Holy Places, World Islamic Front for Jihad Against Jews and Crusaders, Usama Bin Ladin Network, Usama Bin Ladin Organization and Qa’idat al-Jihad)

(3) Section 1 of the Regulations is amended by replacing “Harakat ul-Mudjahidin (HuM) (also known among other names as Al-Faran, Al-Hadid, Al-Hadith, Harkat-ul-Mujahideen, Harakat ul-Mujahideen, Harakat al-Mujahideen, Harkat-ul-Ansar, Harakat ul-Ansar, Harakat al-Ansar, Harkat-ul-Jehad-e-Islami, Harkat Mujahideen, Harakat-ul-Mujahideen al-Almi, Holy Warriors Movement, Movement of the Mujahideen, Movement of the Helpers, Movement of Islamic Fighters and Al Qanoon)” with the following:

Harakat ul-Mudjahidin (HuM) (also known among other names as Al-Faran, Al-Hadid, Al-Hadith, Harkat-ul-Mujahideen, Harakat ul-Mujahideen, Harakat al-Mujahideen, Harkat-ul-Ansar, Harakat ul-Ansar, Harakat al-Ansar, Harkat-ul-Jehad-e-Islami, Harkat Mujahideen, Harakat-ul-Mujahideen al-Almi, Holy Warriors Movement, Movement of the Mujahideen, Movement of the Helpers, Movement of Islamic Fighters, Al Qanoon and Jamiat ul-Ansar)

(4) Section 1 of the Regulations is amended by replacing “Asbat Al-Ansar (“The League of Partisans”) (also known among other names as Osbat Al Ansar, Usbat Al Ansar, Esbat Al-Ansar, Isbat Al Ansar and Usbat-ul- Ansar)” with the following:

Asbat Al-Ansar (“The League of Partisans”) (also known among other names as Osbat Al Ansar, Usbat Al Ansar, Esbat Al-Ansar, Isbat Al Ansar, Usbat-ul-Ansar, Band of Helpers, Band of Partisans and League of the Followers)

(5) Section 1 of the Regulations is amended by replacing “Abu Nidal Organization (ANO) (also known among other names as Fatah Revolutionary Council, Revolutionary Council, Revolutionary Council of Fatah, Al-Fatah Revolutionary Council, Fatah-the Revolutionary Council, Black June, Arab Revolutionary Brigades, Revolutionary Organization of Socialist Muslims, Black September, Egyptian Revolution, Arab Fedayeen Cells, Palestine Revolutionary Council and Organization of Jund al Haq)” with the following:

Abu Nidal Organization (ANO) (also known among other names as Fatah Revolutionary Council, Revolutionary Council, Revolutionary Council of Fatah, Al-Fatah Revolutionary Council, Fatah — the Revolutionary Council, Black June, Arab Revolutionary Brigades, Revolutionary Organization of Socialist Muslims, Black September, Egyptian Revolution, Arab Fedayeen Cells, Palestine Revolutionary Council, Organization of Jund al Haq and Arab Revolutionary Council)

(6) Section 1 of the Regulations is amended by replacing “Euskadi Ta Askatasuna (ETA) (also known among other names as Basque Homeland and Liberty, Euzkadi Ta Azkatasuna, Euzkadi Ta Askatasanu, Basque Nation and Liberty, Basque Fatherland and Liberty and Basque Homeland and Freedom)” with the following:

Euskadi Ta Askatasuna (ETA) (also known among other names as Basque Homeland and Liberty, Euzkadi Ta Azkatasuna, Euzkadi Ta Askatasuna, Basque Nation and Liberty, Basque Fatherland and Liberty and Basque Homeland and Freedom)

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

Babbar Khalsa International (BKI) (also known as Babbar Khalsa)

(8) Section 1 of the Regulations is amended by replacing “Ansar al-Islam (AI) (also known 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 and Followers of Islam in Kurdistan)” with the following:

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)

(9) Section 1 of the Regulations is amended by adding the following at the end of that section:

Al Qaida in Iraq (AQI) (also known among other names as Al-Qaeda in Iraq, Al Qaeda in Iraq, AQI, AQI-Zarqawi, al-Tawhid, al-Tawhid and al-Jihad, Kateab al-Tawhid, Brigades of Tawhid, Monotheism and Jihad Group, Al Qaida of the Jihad in the Land of the Two Rivers, Al-Qaida of Jihad in the Land of the Two Rivers, Al-Qaeda in the Land of the Two Rivers, Al-Qaida in the Land of the Two Rivers, Al-Qaida of Jihad Organization in the Land of the Two Rivers, Al-Qaida Group of Jihad in Iraq, Al-Qa’ida of Jihad in Iraq, Al-Qaida Group of Jihad in the Land of the Two Rivers, The Organization of Jihad’s Base in the Country of the Two Rivers, The Organization of al-Jihad’s Base of Operations 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, The Organization of al-Jihad’s Base in the Land of the Two Rivers, The Organization Base of Jihad/Country of the Two Rivers, The Organization Base of Jihad/Mesopotamia, Al-Qaida in Mesopotamia, 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, Islamic State of Iraq, Islamic State in Iraq, ISI, Mujahidin Shura Council, Unity and Holy Struggle, Unity and Holy War, Unity and Jihad Group and al-Zarqawi Network)

COMING INTO FORCE

2. 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.)

Issue and objectives

Section 1 of the Regulations Establishing a List of Entities is amended by

  • adding Al Qaida in Iraq to the list of terrorist entities;
  • merging Babbar Khalsa with Babbar Khalsa International;
  • adding Band of Helpers, Band of Partisans and League of the Followers as aliases for Asbat Al-Ansar;
  • adding Ansar al-Sunna as an alias for Ansar al-Islam;
  • adding Arab Revolutionary Council as an alias for Abu Nidal Organization;
  • adding the Islamic Army, Islamic Salvation Foundation, The Base, Group for the Preservation of the Holy Sites, Islamic Army for the Liberation of the Holy Places, World Islamic Front for Jihad Against Jews and Crusaders, Usama Bin Ladin Network, Usama Bin Ladin Organization and Qa’idat al-Jihad as aliases for Al Qaida;
  • adding Jamiat ul-Ansar as an alias for Harakat ul-Mudjahidin; and
  • correcting a typographical error for one of the aliases for Euskadi Ta Askatasuna. The alias Euzkadi Ta Askatasanu is replaced by Euzkadi Ta Askatasuna.

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 or otherwise dispose of the property.

The listing 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 United Nations Security Council resolution 1373. In addition, the listing of an entity is a means for the Government to inform Canadians of the Government’s position with regard to a particular entity.

Administrative changes such as merging an entity with another one and adding an alias to a listed entity are undertaken to ensure that the list of terrorist entities under the Criminal Code remains current.

Description and rationale

On December 18, 2001, Bill C-36, the Anti-terrorism Act, received Royal Assent. The Anti-terrorism Act provides the Government of Canada with the ability to create a list of entities. Under the Criminal Code, the Governor in Council may, on the recommendation of the Minister of Public Safety and Emergency Preparedness, 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 is knowingly acting 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 group has as one of its purposes or activities (facilitating or carrying out) terrorist activity.

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

  • participate in or contribute to, directly or indirectly, 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; or
  • instruct, directly or indirectly, any person to carry out any activity for the benefit of, at the direction of, or in association with a terrorist group for the purpose of enhancing the ability of any terrorist group to facilitate or carry out a terrorist activity.

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 of Public Safety and Emergency Preparedness requesting that it no longer be a listed entity. In such cases, the Minister of Public Safety and Emergency Preparedness 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.

Consultation

The Privy Council Office, the Department of Foreign Affairs and International Trade, and the Department of Justice were consulted.

Implementation, 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. As noted, the definition of a terrorist group includes a listed entity.

Listing a terrorist entity sets in motion requirements for reporting suspicious terrorist financing transactions and requires anyone to disclose to the Royal Canadian Mounted Police and the Canadian Security Intelligence Service the existence of any property in his or her possession or control that he or she knows is owned or controlled by or on behalf of a terrorist group. As noted previously, the definition of a terrorist group includes a listed entity.

In addition, bodies that are subject to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act must also report the information to the Financial Transactions and Reports Analysis Centre of Canada. The costs to banks, financial institutions, and individuals in meeting these requirements are not significant due in large part to the existence of electronic banking systems while there are significant benefits of the regulation for the security of Canada and Canadians.

Contact

National Security Operations Directorate
Public Safety Canada
340 Laurier Avenue W
Ottawa, Ontario
K1A 0P8
Telephone: 613-993-4595
Fax: 613-991-4669

Footnote a
S.C. 2005, c. 10, subpar. 34(1)(f)(iii)

Footnote b
R.S., c. C-46

Footnote 1
SOR/2002-284