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EXTRA Vol. 136, No. 10Canada Gazette Part II OTTAWA, WEDNESDAY, JULY 24, 2002 Registration CRIMINAL CODE Regulations Establishing a List of EntitiesP.C. 2002-1304 23 July, 2002 Whereas the Governor in Council, on the recommendation of the Solicitor General of Canada, is satisfied that there are reasonable grounds to believe that each of the entities on the list established by the annexed 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 Solicitor General of Canada, pursuant to subsection 83.05(1) (see footnote a) of the Criminal Code, hereby makes the annexed Regulations Establishing a List of Entities. REGULATIONS ESTABLISHING A LIST OF ENTITIES LIST 1. The following list is established for the purposes of Part II.1 of the Criminal Code. Al-Gama'a al-Islamiyya (AGAI) (also known as Islamic Group (IG)) Al-Ittihad Al-Islam (AIAI) Al Qaida Salafist Group for Call and Combat (GSPC) (also known as Groupe salafiste pour la prédication et le combat) Al Jihad (AJ) (also known as Egyptian Islamic Jihad (EIJ)) Vanguards of Conquest (VOC) Armed Islamic Group (GIA) (also known as Groupe islamique armé (GIA)) 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.) Description 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 Solicitor General of Canada, 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. 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, brokerages, etc. 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. The definition of terrorist group includes a listed entity. The legislation makes it an offence to knowingly: • participate in or contribute to, directly or indirectly, any activity of a terrorist group; 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 Solicitor General of Canada that it no longer be a listed entity. The Solicitor General of Canada 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. In addition, the Solicitor General of Canada must complete a review of the list two years after the initial list comes into effect and every subsequent two-year period afterwards. Alternatives There are no alternatives. The Criminal Code stipulates that listing must be done by regulation. Benefits and Costs The listing of entities 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 as terrorist is a means for the Government to inform Canadians of the Government's position with regard to a particular 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.. Consultation The Departments of Finance, Foreign Affairs and International Trade and Justice were consulted. Compliance and Enforcement 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. Contact
National Security Directorate Department of the Solicitor General of Canada 340 Laurier Avenue West Ottawa, Ontario K1A 0P8 Telephone.: (613) 998-4826 FAX: (613) 991-4669 E-mail: blackii@sgc.gc.ca S.C. 2001, c. 41, s. 4 |
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