Regulations Amending the Regulations Establishing a List of Entities: SOR/2021-169

Canada Gazette, Part II, Volume 155, Extra Number 5

OTTAWA, WEDNESDAY, JULY 7, 2021

Registration

SOR/2021-169 June 25, 2021

CRIMINAL CODE

P.C. 2021-632 June 24, 2021

Whereas the Administrator in Council, on the recommendation of the Minister of Public Safety and Emergency Preparedness, is satisfied that there are reasonable grounds to believe that each entity listed in 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 has knowingly acted on behalf of, at the direction of or in association with such an entity;

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

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:

Aryan Strikeforce (also known among other names as Aryan Strike Force and ASF)

Islamic State – Democratic Republic of the Congo (also known among other names as IS-DRC, Islamic State of Iraq and Syria – Democratic Republic of the Congo, ISIS-DRC, Daesh – Democratic Republic of the Congo, Allied Democratic Forces, ADF, Madina at Tauheed Wau Mujahedeen, City of Monotheism and Holy Warriors, Islamic State Central Africa Province, ISCAP, Wilayat Central Africa, Wilayah Central Africa, Wilayah Central Africa Media Office, Wilayat Wasat Ifriqiyah and ISIS-Central Africa)

James Mason (also known among other names as James Nolan Mason)

Three Percenters (also known among other names as 3%ers, III%ers and Threepers)

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.

Background

On December 18, 2001, the Anti-terrorism Act received royal assent, amending the Criminal Code to allow the Government of Canada to create a list of terrorist entities. Under the Criminal Code, the Governor in Council may, on the recommendation of the Minister, 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 has knowingly acted 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 requesting that it no longer be a listed entity. In such cases, the Minister 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.

Objective

The listing of an entity under the Regulations 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.

Description

The Regulations Amending the Regulations Establishing a List of Entities add the following four entities to the prescribed list found in section 1 of the Regulations:

Regulatory development

Consultation

Public Safety Canada officials consult with a number of federal partner organizations (departments and agencies) to identify entities for listing that align with strategic priorities, Canada’s domestic needs, and international considerations. No external public consultation was undertaken in association with these amendments to the Regulations.

An exemption from prepublication was sought for these amendments to the Regulations in order to ensure the entities did not have an opportunity to disperse their finances in advance of their assets being frozen as a result of listing.

Modern treaty obligations and Indigenous engagement and consultation

As required by the 2015 Cabinet Directive on the Federal Approach to Modern Treaty Implementation, an assessment of modern treaty implications was conducted for the amendments to the Regulations. It was determined that this initiative has no modern treaty implications for Canada.

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. Therefore, no other types of instruments were considered.

Regulatory analysis

Benefits and costs

These amendments create a minor increase in the probability that a financial institution or brokerage may incur reporting costs and take actions to ensure proper treatment of listed entities’ properties. These costs are considered to be minimal.

Amendments made to the list are necessary to ensure Canada continues to maintain a strong counter-terrorism posture and serves to assure our allies that Canada actively responds to terrorist developments abroad. In addition, the listing of an entity is a means to inform Canadians of the Government’s position with regard to a particular entity.

Small business lens

Analysis under the small business lens concluded that these amendments will not impact Canadian 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, the amendments to the Regulations address a unique circumstance, and serve to protect the security of Canadians, and are therefore exempt from the requirement to offset the administrative burden increases under the one-for-one rule.

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

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, according to research published by the Canadian Security Intelligence Service in 2018, women constitute 20% of the total number of people who have mobilized to violence (i.e. engaging in extremist travel, domestic or foreign attack plotting, or facilitation activities) in Canada, a proportion which is growing over time.

In accordance with the intersectional model of gender-based analysis plus (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, Africa and South Asia. A majority of Canada’s listed entities are located in these regions.

In the case of ideologically motivated violent extremism (IMVE), extremist ideology is mobilized to recruit members, spurring hatred motivated by xenophobic, anti-authority, gender-driven, and other grievance-driven violence. As with religiously motivated violent extremism, women who hold IMVE views can play an active part in these organizations. Typically, women are expected to fulfill “traditional” familial, communitarian, and social roles within these organizations. Occasionally, these roles coincide with leadership positions. For example, a small number of women have been drawn into the white power movement by activists who present themselves as intellectuals.

These gender and geographic findings of the listings program are reflective of the male-controlled structure of terrorist groups and their religious or ideological affiliations. Following a GBA+, it was found that the listings that would result from the amendments to the Regulations are not expected to have any additional impacts on specific socio-economic groups in Canada, as the consequences of listing apply equally to all individuals and organizations, regardless of gender or other identify factors.

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 their possession or control that they know 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; however, there are significant benefits associated with 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