EXTRA Vol. 140, No. 3

Canada Gazette

Part II

OTTAWA, TUESDAY, APRIL 11, 2006

Registration
SOR/2006-62 April 8, 2006

CRIMINAL CODE

Regulations Amending the Regulations Establishing a List of Entities

P.C. 2006-209 April 6, 2006

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, 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 the section:

The Liberation Tigers of Tamil Eelam (LTTE) (also known among other names as the Tamil Tigers, the Eellalan Force, the Ellalan Force, the Tiger Movement, the Sangilian Force, the Air Tigers, the Black Tigers (Karum Puligal), the Sea Tigers, the Tiger Organization Security Intelligence Service (TOSIS) and the Women's Combat Force of Liberation Tigers (WCFLT))

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 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 an 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 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.

As a further aspect of this mechanism, the Criminal Code requires the Minister of Public Safety and Emergency Preparedness to complete a review of the entirelist two years after it is established, and every subsequent two-year period afterwards, to determine whether there are still reasonable grounds for all listed entities to remain listed. The Minister of Public Safety and Emergency Preparedness must then make a recommendation to the Governor in Council as to whether the entities should remain listed. The review does not affect the validity of the list.

Alternatives

There are no alternatives to the regulation due to the nature of terrorist activities and the significant impact they have upon national security. The Criminal Code stipulates that listing must be done by regulation and the penalties related to terrorist and terroristsupport activities are outlined in the Criminal Code.

Benefits and Costs

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 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. 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 regulation for the security of Canada and Canadians.

Consultation

The Privy Council Office and the Departments of Finance, Foreign Affairs 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 Policy Directorate
Public Safety and Emergency Preparedness
340 Laurier Avenue West
Ottawa, Ontario
K1A 0P8
Telephone: (613) 949-0533
FAX: (613) 991-4669

Footnote a

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

Footnote 1

SOR/2002-284

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