Regulations Amending the Regulations Establishing a List of Entities: SOR/2018-103

Canada Gazette, Part II, Volume 152, Number 11

Registration

May 23, 2018

CRIMINAL CODE

P.C. 2018-566 May 22, 2018

Whereas 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 the annexed Regulations Amending the Regulations Establishing a List of Entities is an entity that 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, Her Excellency the Governor General in Council, on the recommendation of the Minister of Public Safety and Emergency Preparedness, pursuant to subsection 83.05(1)^footnotea of the Criminal Code ^footnoteb, makes the annexed Regulations Amending the Regulations Establishing a List of Entities.

Regulations Amending the Regulations Establishing a List of Entities

Amendments

1 (1) The reference to “Islamic State (IS) (also known among other names as” in section 1 of the Regulations Establishing a List of Entities^footnote1 is replaced by the following:

• Islamic State (IS) (also known among other names as Daesh,

(2) The reference to “Jabhat Al-Nusra (also known among other names as” in section 1 of the Regulations is replaced by the following:

• Hay’at Tahrir al-Sham (also known among other names as Jabhat al-Nusra (JN), Jabhat Fateh al-Sham, Jabhat Fatah al-Sham, Fath al-Sham Front, al-Jabha, Fath al-Sham, Tanzim al-Qaeda fi Bilad al-Sham, Al-Qaeda in the Levant, Conquest for al-Sham Front, Conquest of the Levant Front, Fatah al-Sham Front, Fateh al-Sham Front, Front for the Conquest of Syria, Front for the Conquest of Syria/The Levant, Jabhat Fath al-Sham, Jabhat Fath al Sham, Jabhat Fathah al-Sham, Hayat Tahrir al-Sham, Tahrir al-Sham Assembly, Liberation of Syria Assembly, Liberation of the Levant Organisation, Liberation of the Levant Committee, Liberation of al-Sham Commission, Assembly for the Liberation of the Levant, Hay’et Tahrir al-Sham, Tahrir al-Sham, Liwa al-Haqq, the Al-Haqq Brigade, Liwa al-Haq, the Brigade of the Right, the Truth Brigade, the Haqq Brigade of Homs, Lewa’ al-Haq, the al-Haq Battalion, Jabhat Ansar al-Din, Ansar al-Din Front, Supporters/Partisans of the Religion Front, Jaish al-Sunnah, Jaysh al-Sunnah, Jaish al-Sunna, Jaysh al-Sunna,

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

• Islamic State – Khorasan Province (ISKP) (also known among other names as Islamic State in the Khorasan Province, Islamic State Khorasan, Islamic State – Khorasan, IS Khorasan, Islamic State of Iraq and the Levant – Khorasan (ISIL-K), Islamic State of Iraq and Syria – Khorasan (ISIS-K), Islamic State of Iraq and al-Sham – Khorasan (ISIS-K), Wilayat Khorasan, Daesh Khorasan, ISIL’s South Asia Branch, ISIS Wilayat Khorasan, Islamic State’s Khorasan Province, South Asian chapter of ISIL, ISIL Khorasan (ISIL-K), Khorasan Chapter of the Islamic State, Islamic State Wilayat Khorasan (ISWK) and Khorasan branch of ISIS)

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 Regulations support the Government of Canada’s effort 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 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

• 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.

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 with or otherwise dispose of the property.

Description

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

• adding “Islamic State – Khorasan Province” (ISKP), and its aliases: Islamic State in the Khorasan Province, Islamic State Khorasan, Islamic State – Khorasan, IS Khorasan, Islamic State of Iraq and the Levant – Khorasan (ISIL-K), Islamic State of Iraq and Syria – Khorasan (ISIS-K), Islamic State of Iraq and al-Sham – Khorasan (ISIS-K), Wilayat Khorasan, Daesh Khorasan, ISIL’s South Asia Branch, ISIS Wilayat Khorasan, Islamic State’s Khorasan Province , South Asian chapter of ISIL, ISIL Khorasan (ISIL-K), Khorasan Chapter of the Islamic State, Islamic State Wilayat Khorasan (ISWK), Khorasan branch of ISIS, to the list of terrorist entities;
• adding “Hay’at Tahrir al-Sham” as the primary name to the current Jabhat al-Nusra listing on the list of terrorist entities, and adding other aliases: Jabhat al-Nusra (JN), Jabhat Fateh al-Sham, Jabhat Fatah al-Sham, Fath al-Sham Front, al-Jabha, Fath al-Sham, Tanzim al-Qaeda fi Bilad al-Sham, Al-Qaeda in the Levant, Conquest for al-Sham Front, Conquest of the Levant Front, Fatah al-Sham Front, Fateh al-Sham Front, Front for the Conquest of Syria, Front for the Conquest of Syria/The Levant, Jabhat Fath al-Sham, Jabhat Fath al Sham, Jabhat Fathah al-Sham, Hayat Tahrir al-Sham, Tahrir al-Sham Assembly, Liberation of Syria Assembly, Liberation of the Levant Organisation, Liberation of the Levant Committee, Liberation of al-Sham Commission, Assembly for the Liberation of the Levant, Hay’et Tahrir al-Sham, Tahrir al-Sham, Liwa al-Haqq, the Al-Haqq Brigade, Liwa al-Haq, the Brigade of the Right, the Truth Brigade, the Haqq Brigade of Homs, Lewa’ al-Haq, the al-Haq Battalion, Jabhat Ansar al-Din, Ansar al-Din Front, Supporters/Partisans of the Religion Front, Jaish al-Sunnah, Jaysh al-Sunnah, Jaish al-Sunna, Jaysh al-Sunna to the list of terrorist entities; and
• adding “Daesh” to the list of terrorist entities as an alias of “Islamic State” (IS).

“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 cost 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 these amendments, as there are no costs (or insignificant costs) on small business, and small businesses would not be disproportionally 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