ARCHIVED — EXTRA Vol. 146, No. 2

Canada Gazette

Part Ⅱ

OTTAWA, THURSDAY, DECEMBER 20, 2012

Registration

SOR/2012-299 December 17, 2012

CRIMINAL CODE

Regulations Amending the Regulations Establishing a List of Entities

P.C. 2012-1768 December 17, 2012

Whereas the Minister of Public Safety and Emergency Preparedness made a recommendation on November 20, 2012 to the Governor in Council, pursuant to subsection 83.05(9) (see footnote a) of the Criminal Code (see footnote b), that each entity listed in the schedule annexed to that recommendation remain listed in the Regulations Establishing a List of Entities (see footnote c);

And whereas the Governor in Council has accepted that recommendation;

Therefore, His 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 d) of the Criminal Code (see footnote e) , 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 deleting the following:

Mujahedin-e-Khalq (MEK) (also known among other names as Sãzimãn-i Mujãhidin-i Khalq-i Irãn (Holy Warrior Organization of the Iranian People) / Sazman-i Mojahedin-i Khalq-i Iran (Organization of the Freedom Fighters of the Iranian People) / Sazeman-e Mojahedin-e Khalq-e Iran (Organization of People’s Holy Warriors of Iran) / Sazeman-e-Mujahideen-e-Khalq-e-Iran, Mujahedin-e-Khalq (MEK), Mojahedin-e Khalq Organization (MKO), Mujahiddin e Khahq, al-Khalq Mujahideen Organization, Mujahedeen Khalq, Modjaheddins khalg, Moudjahiddin-é Khalq, National Liberation Army of Iran (NLA) (the military wing of the MEK) / Armée de Libération nationale iranienne (ALNI) and People’s Mujahidin Organization of Iran (PMOI) / People’s Mujahedin of Iran (PMOI) / Organisation des moudjahiddin du peuple d’Iran (OMPI) / Organisation des moudjahidines du peuple)

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.)

Background

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 entity has, as one of its purposes or activities, facilitated or carried out a 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, pursuant to subsection 83.05(9), obliges the Minister of Public Safety and Emergency Preparedness to review the list of terrorist entities as established by the Regulations Establishing a List of Entities every two years commencing on the anniversary date of July 23, 2002, in order to determine whether there are still reasonable grounds for the entities to remain listed.

As the list of terrorist entities was established on July 23, 2002, this two-year review commenced on the anniversary date of July 23, 2012, and must be completed within 120 days. The 2012 review encompasses the 44 entities found on the list on July 23, 2012.

Issues and objectives

The Minister of Public Safety and Emergency Preparedness has completed his review of the list, pursuant to subsection 83.05(1) of the Criminal Code. It has been determined that 43 entities found on the list on July 23, 2012, will remain listed and one entity will be removed from the list.

The objective of the two-year review is for the Minister of Public Safety and Emergency Preparedness to review the list to determine whether there are still reasonable grounds for an entity to be a listed entity and make a recommendation to the Governor in Council as to whether the entity should remain a listed entity.

Description

Section 1 of the Regulations Establishing a List of Entities is amended by

  • removing the Mujahedin-e-Khalq (MEK) and its aliases (Sãzimãn-i Mujãhidin-i Khalq-I Irãn (Holy Warrior Organization of the Iranian People) / Sazman-i Mojahedin-i Khalq-i Iran (Organization of the Freedom Fighters of the Iranian People) / Sazeman-e Mojahedin-e Khalq-e Iran (Organization of People’s Holy Warriors of Iran) / Sazeman-e-Mujahideen-e-Khalq-e-Iran, Mujahedin-e-Khalq (MEK), Mojahedin-e Khalq Organization (MKO), Mujahiddin e Khahq, al-Khalq Mujahideen Organization, Mujahedeen Khalq, Modjaheddins khalg, Moudjahiddin-é Khalq, National Liberation Army of Iran (NLA) (the military wing of the MEK) / Armée de Libération nationale iranienne (ALNI) and People’s Mujahidin Organization of Iran (PMOI) / People’s Mujahedin of Iran (PMOI) / Organisation des moudjahiddin du peuple d’Iran (OMPI) / Organisation des moudjahidines du peuple) from the list.

Consultation

All concerned departments have been consulted through the Interdepartmental Coordinating Committee on Listings. Relevant international partners have also been consulted via the Department of Foreign Affairs and International Trade.

“One-for-One” Rule

Not applicable.

Small business lens

Not applicable.

Rationale

Completing the two-year review allows the Minister of Public Safety and Emergency Preparedness to meet his statutory obligation under subsection 83.05(1) of the Criminal Code.

The Regulations do not impose any additional costs.

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. The definition of terrorist group includes a listed entity.

The two-year review of the list of entities will have no impact in regard to compliance.

Contact

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