Vol. 149, No. 6 — March 25, 2015

Registration

SI/2015-24 March 25, 2015

CRIMINAL CODE

Order Accepting the Recommendation of the Minister of Public Safety and Emergency Preparedness Concerning the Two-Year Review of the List set out in the Regulations Establishing a List of Entities

P.C. 2015-331 March 12, 2015

Whereas, on July 23, 2014, 12 years had elapsed since the establishment of a list by the Regulations Establishing a List of Entities (see footnote a) pursuant to subsection 83.05(1) (see footnote b) of the Criminal Code (see footnote c);

And whereas, pursuant to subsection 83.05(9) (see footnote d) of the Criminal Code (see footnote e), the Minister of Public Safety and Emergency Preparedness has reviewed that list, as it existed on July 23, 2014, and has determined that there are still reasonable grounds to believe that each entity listed on that date 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 such an entity;

Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Public Safety and Emergency Preparedness made pursuant to subsection 83.05(9) (see footnote f) of the Criminal Code (see footnote g), accepts that each entity listed as of July 23, 2014 remain a listed entity.

EXPLANATORY NOTE

(This note is not part of the Order.)

Proposal

The title is: “Order Accepting the Recommendation of the Minister of Public Safety and Emergency Preparedness Concerning the Two-Year Review of the List set out in the Regulations Establishing a List of Entities.”

Objective

The Criminal Code, pursuant to subsection 83.05(9), obliges the Minister of Public Safety and Emergency Preparedness to review the list of terrorist entities as established by the Regulations Establishing a List of Entities, every two years commencing on the anniversary date of July 23, 2002, in order to determine if there are still reasonable grounds for the entities to remain listed. The Order confirms that this review has been completed, and that the Governor in Council has accepted the Minister’s recommendation.

As the list of terrorist entities was established on July 23, 2002, this two-year review commenced on the anniversary date of July 23, 2014, and encompasses the 53 entities found on the list at that time. The Minister of Public Safety and Emergency Preparedness has completed his review of the list. The review has determined that all of the entities reviewed will remain listed pursuant to subsection 83.05(1) of the Criminal Code.

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.

Background

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, facilitated or carried 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.

Implications

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 (RCMP) and Canadian Security Intelligence Service (CSIS) 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 Order for the security of Canada and Canadians.

Consultation

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

Departmental contact

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