EXTRA Vol. 144, No. 3

Canada Gazette

Part II

OTTAWA, WEDNESDAY, MARCH 10, 2010

Registration
SOR/2010-51 March 5, 2010

CRIMINAL CODE

Regulations Amending the Regulations Establishing a List of Entities

P.C. 2010-242 March 5, 2010

Whereas the Governor in Council, on the recommendation of the Minister of Public Safety and Emergency Preparedness, is satisfied that there are reasonable grounds to believe that the entity referred to 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 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;

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) (see footnote a) of the Criminal Code (see footnote b), hereby 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 (see footnote 1) is amended by adding the following at the end of that section:

Al Shabaab (also known as Harakat Shabaab al-Mujahidin, al-Shabab, Shabaab, the Youth, Mujahidin al Shabaab Movement, Mujahideen Youth Movement, MYM, Mujahidin Youth, Hizbul Shabaab, Hisb’ul Shabaab, al-Shabaab al-Islamiya, Youth Wing, al Shabaab al-Islam, al-Shabaab al-Jihad, the Unity of Islamic Youth and the Popular Resistance Movement in the Land of the Two Migrations)

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.)

Issue and objectives

The amendment to Section 1 of the Regulations Establishing a List of Entities adds Al Shabaab to the list of terrorist entities.

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.

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 or otherwise dispose of the property.

Description and rationale

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 group has as one of its purposes or activities (facilitating or carrying out) 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.

Consultation

The Privy Council Office and the Departments of Foreign Affairs and International Trade and Justice were consulted.

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. As noted, 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 RCMP and CSIS 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 terrorist group 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 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

National Security Operations Directorate
Public Safety Canada
340 Laurier Avenue West
Ottawa, Ontario
K1A 0P8
Telephone: 613-993-4595
Fax: 613-991-4669

Footnote a
S.C. 2005, c. 10, subpar. 34 (1)(f)(iii)

Footnote b
R.S., c. C-46

Footnote 1
SOR/2002-284

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