Vol. 150, No. 26 — December 28, 2016

Registration

SOR/2016-320 December 23, 2016

CRIMINAL CODE

Regulations Amending the Regulations Establishing a List of Entities

P.C. 2016-1208 December 23, 2016

Whereas, on July 23, 2016, 14 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);

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, 2016, and has determined that there are no longer reasonable grounds to believe that each entity referred to in subsection 1(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 is knowingly acting on behalf of, at the direction of or in association with such an entity;

And whereas, pursuant to subsection 83.05(1) (see footnote f) of the Criminal Code (see footnote g), the Governor in Council is satisfied, on the recommendation of the Minister of Public Safety and Emergency Preparedness, that there are reasonable grounds to believe that each entity referred to in subsection 1(2) 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 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,

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:

Al-Ittihad Al-Islam (AIAI)

Islamic Army of Aden (IAA) (also known among other names as the Islamic Army of Aden-Abyan (IAAA), the Aden-Abyan Islamic Army (AAIA), Aden Islamic Army, Islamic Aden Army, Muhammed’s Army / Army of Mohammed and the Jaish Adan Al Islami)

Autodefensas Unidas de Colombia (AUC) (also known among other names as Colombian United Self-Defense Groups, Autodéfenses unies de Colombie and United Self-Defense Forces of Colombia)

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

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))

Indian Mujahideen (IM) (also known among other names as Indian Mujahedeen, Indian Mujahidin, and Islamic Security Force – IM (ISF-IM))

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.)

Issues

The Minister of Public Safety and Emergency Preparedness has completed his review of the list, pursuant to subsection 83.05(1) of the Criminal Code. It has been determined that 51 entities found on the list on July 23, 2016, will remain listed and three entities will be removed from the list.

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 this entity. 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, 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 whether there are still reasonable grounds for the entities to remain listed.

As the list of terrorist entities was established on July 23, 2002, this two-year review commenced on the anniversary date of July 23, 2016, and must be completed within 120 days. The 2016 review encompasses the 54 entities found on the list on July 23, 2016.

Objectives

The objective of the two-year review is for the Minister of Public Safety and Emergency Preparedness to review the list to determine whether there are still reasonable grounds for an entity to be a listed entity and make a recommendation to the Governor in Council as to whether the entity should remain a listed entity.

Description

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

“One-for-One” Rule

The “One-for-One” Rule does not apply to this proposal, as there is no change in administrative costs to business.

Small business lens

The small business lens does not apply to this proposal, as there are no costs (or insignificant costs) on small business, and small businesses would not be disproportionately affected.

Consultation

No public consultations were undertaken in association with this amendment.

Rationale

Completing the two-year review allows the Minister of Public Safety and Emergency Preparedness to meet his statutory obligation under subsection 83.05(1) of the Criminal Code.

The regulation does not impose any additional costs.

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. The definition of terrorist group includes a listed entity.

The two-year review of the list of entities will have no impact in regards to compliance.

Contact

Public Safety Canada
269 Laurier Avenue West
Ottawa, Ontario
K1A 0P8
Telephone: 613-944-4875 or 1-800-830-3118
Fax: 613-954-5186

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

The Regulations support the Government of Canada’s efforts to protect Canadians against the threat of terrorism. The listing of terrorist entities facilitates the prosecution of perpetrators and supporters of terrorism and plays a key role in countering terrorist financing.

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 this entity. 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 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 that the Governor in Council that the applicant no longer be a listed entity. The entity may have the decision reviewed by the Federal Court.

Objectives

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 this entity to access the property nor may these institutions deal or otherwise dispose of the property.

Description

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

“One-for-One” Rule

The “One-for-One” Rule applies to these amendments to the Regulations, as they are expected to result in minimal increases in administrative costs to business (because of the reporting requirements). However, these Regulations are exempted from application of the “One-for-One” Rule, as they address unique, exceptional circumstances, and serve to protect the security of Canadians.

Small business lens

The small business lens does not apply to this proposal, as there are no costs (or insignificant costs) on small business, and small businesses would not be disproportionately affected.

Consultation

No public consultations were undertaken in association with this amendment.

Rationale

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.

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. The definition of 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 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 Regulations for the security of Canada and Canadians.

Contact

Public Safety Canada
269 Laurier Avenue West
Ottawa, Ontario
K1A 0P8
Telephone: 613-944-4875 or 1-800-830-3118
Fax: 613-954-5186