Regulations Amending the Regulations Establishing a List of Entities: SOR/2019-45

Canada Gazette, Part II, Volume 153, Number 4

Registration

SOR/2019-45 February 11, 2019

CRIMINAL CODE

P.C. 2019-92 February 8, 2019

Whereas, on July 23, 2018, 16 years had elapsed since the establishment of a list by the Regulations Establishing a List of Entities footnote a pursuant to subsection 83.05(1) footnote b of the Criminal Code footnote c;

Whereas, pursuant to subsection 83.05(9) footnote d of the Criminal Code footnote c, the Minister of Public Safety and Emergency Preparedness has reviewed the list, as it existed on July 23, 2018, and has determined that there are still reasonable grounds, as set out in subsection 83.05(1)footnote b of that Act, for each entity that was listed on that date to be a listed entity;

And whereas, pursuant to subsection 83.05(1)footnote b of the Criminal Code footnote c, 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 the 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 that 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

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:

HASAM (Harakat Sawa’d Misr) (also known among other names as Hassam, The Hasam Movement, Hasm, Hassm, the Hassm Movement, Harikat Souaid Misr, Harakah Sawa’id Misr, the Movement of Egypt’s Arms, the Movement of Egypt’s Forearms and the Arms of Egypt Movement)

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

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 facilitates the prosecution of perpetrators and supporters of terrorism and plays a key role in countering terrorist financing.

As well, 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 all 54 entities found on the list on July 23, 2018, will remain listed.

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

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.

Furthermore, 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.

The 2018 review encompasses the 54 entities found on the list on July 23, 2018.

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 those entities to access the property nor may these institutions deal with or otherwise dispose of the property.

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

The Governor in Council accepts the recommendation of the Minister of Public Safety and Emergency Preparedness, made pursuant to subsection 83.05(9) of the Criminal Code, that each entity listed on July 23, 2018, remain listed.

Regulatory development

Consultation

No public consultations were undertaken in association with this amendment.

An exemption from prepublication was sought to ensure the entity did not disperse its finances in advance of its assets being frozen as a result of listing.

Modern treaty obligations and Indigenous engagement and consultation

As required by the Cabinet Directive on the Federal Approach to Modern Treaty Implementation, an assessment of modern treaty implications was conducted on the amendments. The assessment did not identify any modern treaty implications or obligations.

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 the prosecution of perpetrators and supporters of terrorism and plays a key role in countering terrorist financing.

Regulatory analysis

Benefits and costs

There are no associated costs with these amendments. Amendments made to the list are necessary to ensure Canada continues to maintain a strong counter-terrorism posture and serves to ensure allies that Canada actively responds to terrorist developments abroad. 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.

Small business lens

The small business lens does not apply, as there are no associated impacts on small businesses.

“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.

Regulatory cooperation and alignment

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.

Strategic environmental assessment

In accordance with the Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals, a preliminary scan concluded that the amendments would not result in positive or negative environmental impacts; therefore, a strategic environmental assessment is not required.

Gender-based analysis plus (GBA+)

A review of the terrorist listings program found that the membership of the majority of entities listed under section 83.05 of Canada’s Criminal Code consists predominately of men, and that nearly half of Canada’s listed entities seek the establishment of an Islamic caliphate which propagates Sharia law. However, Public Safety’s 2016 Public Report on the Terrorist Threat to Canada notes that women constitute 20% of total extremist travellers from Canada.

In accordance with the intersectional model of GBA+, the role of geography must also be considered as an additional identity factor. From a geopolitical perspective, terrorist networks tend to establish footholds in countries with weaker governance systems and fragile judicial frameworks. There is a prevalence of such conditions in areas of the Middle East, North Africa and South Asia. A majority of Canada’s listed entities are located in these regions.

These gender and geographic findings of the listings program are reflective of the male-controlled structure of terrorist groups and their religious affiliations. The listing was found to have no additional impacts on diverse groups or the population. Consequences of listing apply equally to all individuals and organizations, regardless of gender. Public Safety Canada consults with a number of departments and agencies to identify entities for listing that align with strategic priorities, Canada’s domestic needs, and international considerations.

Implementation, compliance and 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.

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