Vol. 143, No. 14 — July 8, 2009

Registration

SOR/2009-191 June 18, 2009

UNITED NATIONS ACT

Regulations Amending the Regulations Implementing the United Nations Resolutions on the Suppression of Terrorism (Miscellaneous Program)

P.C. 2009-997 June 18, 2009

Whereas the Security Council of the United Nations, acting under Article 41 of the Charter of the United Nations, adopted Resolution 1373 (2001) on September 28, 2001;

And whereas it appears to the Governor in Council to be necessary to make regulations for enabling the measures set out in that Resolution to be effectively applied;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Foreign Affairs, pursuant to section 2 of the United Nations Act (see footnote a), hereby makes the annexed Regulations Amending the Regulations Implementing the United Nations Resolutions on the Suppression of Terrorism (Miscellaneous Program).

REGULATIONS AMENDING THE REGULATIONS IMPLEMENTING THE UNITED NATIONS RESOLUTIONS ON THE SUPPRESSION OF TERRORISM (MISCELLANEOUS PROGRAM)

AMENDMENTS

1. Subsection 7(4) of the English version of the Regulations Implementing the United Nations Resolutions on the Suppression of Terrorism (see footnote 1) is replaced by the following:

(4) No person contravenes subsection (2) by making a report in good faith under that subsection.

2. Subsection 8(2) of the English version of the Regulations is replaced by the following:

(2) No person contravenes subsection (1) by disclosing information in good faith under that subsection.

COMING INTO FORCE

3. 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.)

Issue and objectives

The Regulations Implementing the United Nations Resolutions on the Suppression of Terrorism (hereinafter referred to as the Suppression of Terrorism Regulations) were made in 2001 under the United Nations Act to implement in Canadian domestic law the binding elements of United Nations Security Council Resolution 1373 (2001). The Suppression of Terrorism Regulations create a Canadian list of terrorist individuals and entities. The assets of those covered by the Suppression of Terrorism Regulations are frozen, and it is illegal to raise funds on their behalf. The Standing Joint Committee for the Scrutiny of Regulations has identified two minor technical amendments to be made to the Suppression of Terrorism Regulations, which would not change the purpose or intent of these Regulations.

Description and rationale

The purpose of the Regulations Amending the Regulations Implementing the United Nations Resolutions on the Suppression of Terrorism (Miscellaneous Program) is to effect the following changes recommended by the Committee:

(i) the reference in subsection 7(4) of the English version of the Suppression of Terrorism Regulations to “for making a report in good faith under that subsection” is amended to read “by making a report in good faith under that subsection”; and

(ii) the reference in subsection 8(2) of the English version of the Suppression of Terrorism Regulations to “for disclosure made in good faith under that subsection” is amended to read “by disclosing in good faith under that subsection.”

These changes are intended to improve the clarity of the relevant sections of the Suppression of Terrorism Regulations.

Consultation

The Department of Foreign Affairs and International Trade drafted the Regulations Amending the Regulations Implementing the United Nations Resolutions on the Suppression of Terrorism in collaboration with the Department of Justice.

Implementation, enforcement and service standards

Compliance with the Suppression of Terrorism Regulations is ensured by the Royal Canadian Mounted Police and the Canada Border Services Agency. Every person who contravenes provisions of the Regulations is liable, upon conviction, to the punishments set out in section 3 of the United Nations Act.

Contacts

Karina Boutin
Legal Officer
United Nations, Human Rights and Economic Law Division
Department of Foreign Affairs and International Trade
125 Sussex Drive
Ottawa, Ontario
K1A 0G2
Telephone: 613-995-1108
Fax: 613-992-2467
Email: Karina.Boutin@international.gc.ca

Sabine Nölke
Director
United Nations, Human Rights and Economic Law Division
Department of Foreign Affairs and International Trade
125 Sussex Drive
Ottawa, Ontario
K1A 0G2
Telephone: 613-992-6296
Fax: 613-992-2467
Email: Sabine.Nolke@international.gc.ca

Footnote a
R.S., c. U-2

Footnote 1
SOR/2001-360; SOR/2006-165

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