ARCHIVED — Vol. 151, No. 9 — May 3, 2017

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Registration

SOR/2017-54 April 13, 2017

UNITED NATIONS ACT

Regulations Repealing the United Nations Côte d’Ivoire Regulations

P.C. 2017-377 April 13, 2017

Whereas the Security Council of the United Nations, acting under Article 41 of the Charter of the United Nations, adopted Resolution 2283 (2016) on April 28, 2016, which terminated the measures imposed on Côte d’Ivoire;

Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Foreign Affairs, pursuant to section 2 of the United Nations Act (see footnote a), makes the annexed Regulations Repealing the United Nations Côte d’Ivoire Regulations.

Regulations Repealing the United Nations Côte d’Ivoire Regulations

Repeal

1 The United Nations Côte d’Ivoire Regulations (see footnote 1) are repealed.

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.)

Issues

Through Resolution 2283 (2016), adopted on April 28, 2016, the United Nations Security Council decided to repeal the measures adopted pursuant to article 41 with respect to Côte d’Ivoire which were implemented in Canada by the United Nations Côte d’Ivoire Regulations. The United Nations Côte d’Ivoire Regulations therefore no longer fulfil the legal criteria stipulated by the United Nations Act, and must be repealed.

Background

On November 15, 2004, and February 1, 2005, the United Nations Security Council adopted Resolutions 1572 (2004) and 1584 (2005), imposing sanctions against Côte d’Ivoire, which prohibited, among other things, the supply, sale, export or shipment of arms and related material in Côte d’Ivoire. These sanctions came into force in Canada with the adoption, on May 3, 2005, of the United Nations Côte d’Ivoire Regulations.

On April 28, 2015, the United Nations Security Council adopted Resolution 2219 (2015), through which it extended the sanctions imposed on Côte d’Ivoire until April 30, 2016.

On April 28, 2016, the Security Council adopted Resolution 2283, thus deciding “to terminate, with immediate effect, the measures concerning arms and related materiel . . . ” given the progress achieved in the stabilization of the country, including in relation to disarmament, demobilization and reintegration and security sector reform, national reconciliation and the fight against impunity, as well as the successful conduct of the presidential election of October 25, 2015.

Objectives

The objective of the Regulations Repealing the United Nations Côte d’Ivoire Regulations is to repeal Canada’s sanctions against Côte d’Ivoire following the United Nations Security Council’s repeal of its sanctions against Côte d’Ivoire through Resolution 2283.

The repealing Regulations will come into force upon registration and will be tabled forthwith before Parliament as is required under section 4 of the United Nations Act. As a member state of the United Nations and pursuant to article 25 of the Charter of the United Nations, Canada is legally obligated to implement the binding decisions of the United Nations Security Council.

Description

The Regulations Repealing the United Nations Côte d’Ivoire Regulations repeal Canada’s sanctions against Côte d’Ivoire following the United Nations Security Council’s repeal of its sanctions against Côte d’Ivoire through Resolution 2283.

The wording of Security Council Resolution 2283 is available at the following address: http://www.un.org/fr/documents/view_doc.asp?symbol=S/RES/2283(2016)&TYPE=&referer=/fr/&Lang=E.

“One-for-One” Rule

These Regulations result in no new administrative burden on business. However, the repeal of the United Nations Côte d’Ivoire Regulations may be used to offset the introduction of new regulations in the future, as required by the Red Tape Reduction Act.

Small business lens

The small business lens does not apply, as the Regulations do not entail any costs on small businesses, which would not be disproportionately affected.

Consultation

Global Affairs Canada drafted the Regulations in consultation with the Department of Justice. The Regulations implement non-discretionary international obligations. The stakeholders are expected to be supportive of this initiative.

Rationale

The Regulations will allow Canada to fulfil its international legal obligations by implementing Security Council Resolution 2283 (2016).

Implementation, enforcement and service standards

Canada’s sanction regulations are enforced by the Royal Canadian Mounted Police and the Canada Border Services Agency. Anyone who contravenes the regulations is liable, upon conviction, to the punishments set out in section 3 of the United Nations Act (namely on summary conviction, to a fine of not more than $100,000 or to imprisonment for a term of not more than one year, or to both; or on conviction on indictment, to imprisonment for a term of not more than 10 years).

Contact

Jean-Bernard Parenteau
Director
West and Central Africa Division
Global Affairs Canada
125 Sussex Drive
Ottawa, Ontario
K1A 0G2
Telephone: 343-203-5028
Email: jean-bernard.parenteau@international.gc.ca