Vol. 137, No. 16 — July 30, 2003

Registration
SOR/2003-262 14 July, 2003

UNITED NATIONS ACT

Regulations Amending the United Nations Liberia Regulations

P.C. 2003-1048 14 July, 2003

Whereas the Security Council of the United Nations, acting under Article 41 of the Charter of the United Nations, adopted Security Council Resolution 1478 (2003) on May 6, 2003;

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, hereby makes the annexed Regulations Amending the United Nations Liberia Regulations.

REGULATIONS AMENDING THE UNITED NATIONS LIBERIA REGULATIONS

AMENDMENTS

1. The title to the French version of the United Nations Liberia Regulations (see footnote 1)  is replaced by the following:

RÈGLEMENT D'APPLICATION DES RÉSOLUTIONS DES NATIONS UNIES SUR LE LIBÉRIA

2. (1) The definitions "admission", "common-law partner" and "Security Council Resolution" in section 1 of the Regulations are repealed.

(2) Section 1 of the Regulations is amended by adding the following in alphabetical order:

"Security Council Resolutions" means Resolution 1343 (2001) of March 7, 2001 and Resolution 1478 (2003) of May 6, 2003, adopted by the Security Council of the United Nations. (résolutions du Conseil de sécurité)

3. Sections 9 to 11 of the Regulations are replaced by the following:

9. No person in Canada and no Canadian outside Canada shall knowingly import, directly or indirectly, into Canada any round logs or timber products originating in Liberia.

4. Section 13 of the Regulations and the heading before it are repealed.

5. The Regulations are amended by adding the following before section 14:

EXCEPTION

6. The portion of section 14 of the Regulations before paragraph (b) is replaced by the following:

14. Despite sections 3 to 5, 8, 9 and 12, no person contravenes these Regulations by doing an act or thing prohibited by any of those sections if, before the person does that act or thing, the Minister of Foreign Affairs issues a certificate to the person stating that

(a) the Security Council Resolutions do not intend that such an act or thing be prohibited; or

7. Section 15 of the Regulations and the heading before it are repealed.

COMING INTO FORCE

8. 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 May 6, 2003, the United Nations Security Council ("UNSC") adopted Resolution 1478 (2003) and, acting pursuant to Chapter VII of the Charter of the United Nations, decided to impose a ban on the import of round logs and timber products originating in Liberia. This import ban took effect on July 7, 2003, and will last for 10 months. The Regulations Amending the United Nations Liberia Regulations serve to implement this internationally binding obligation in Canada.

Liberia is already subject to a number of sanctions decided by the UNSC including an arms embargo, a travel ban on senior officials and a ban on the import of rough diamonds from Liberia. The import ban on timber products and round logs originating from Liberia is designed to put pressure on the Government of Liberia to comply with the relevant UNSC resolutions. The Secretary General of the United Nations has been mandated to review the possible humanitarian and socio-economic impacts of the ban and make a report to the UNSC by August 7, 2003.

The Governor General in Council approved the Regulations Amending the United Nations Liberia Regulations in order to meet Canada's international obligations as set out in Resolution 1478 (2003).

Alternatives

The United Nations Act is the appropriate legislative authority to implement these measures.

Benefits and Costs

It is not expected that these measures will impose an undue burden on the private sector, given that, according to available information, Canada has imported very few timber products or round logs from Liberia in recent years.

Consultation

The Department of Justice was consulted.

Compliance and Enforcement

Compliance is ensured by the Royal Canadian Mounted Police. 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

West Anglophone Africa (GAF)
Department of Foreign Affairs and International Trade
125 Sussex Drive
Ottawa, Ontario
K1A 0G2
Telephone: (613) 944-6579
FAX: (613) 944-3566

United Nations, Human Right and Economic Law Division (JLH)
Department of Foreign Affairs and International Trade
125 Sussex Drive
Ottawa, Ontario
K1A 0G2
Telephone: (613) 995-7511
FAX: (613) 992-2467

Footnote 1 

SOR/2001-261

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