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

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Registration

SOR/2017-55 April 13, 2017

UNITED NATIONS ACT

Regulations Repealing the Regulations Implementing the United Nations Resolutions on Liberia

P.C. 2017-378 April 13, 2017

Whereas the Security Council of the United Nations, acting under Article 41 of the Charter of the United Nations, adopted Resolution 2288 (2016) on May 25, 2016, which terminated the measures imposed on Liberia;

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 Regulations Implementing the United Nations Resolutions on Liberia.

Regulations Repealing the Regulations Implementing the United Nations Resolutions on Liberia

Repeal

1 The Regulations Implementing the United Nations Resolutions on Liberia (see footnote 1) are repealed.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

In Resolution 2288 (2016), adopted on May 25, 2016, the United Nations Security Council decided to repeal the measures adopted under section 41 with respect to Liberia which had been implemented in Canada pursuant to the United Nations Liberia Regulations. The United Nations Liberia Regulations therefore no longer meet the required legal criteria under the United Nations Act, and must be repealed.

Background

On March 7, 2001, the United Nations Security Council adopted Resolution 1343 (2001), imposing sanctions on Liberia that prohibited the sale, supply and shipment of arms and related material to Liberia. These sanctions were implemented in Canada with the adoption of the United Nations Liberia Regulations on July 12, 2001. The United Nations sanctions against Liberia were subsequently amended through the adoption of various resolutions, including Resolutions 1521 (2003), 1532 (2004), 1683 (2006), 1903 (2009), 1961 (2010) and 2128 (2013). Canada’s United Nations Liberia Regulations were consequently amended on July 14, 2003, June 17, 2004, and January 29, 2009.

On May 25, 2016, the Security Council adopted Resolution 2288, whereby the Security Council decided “to terminate, with immediate effect, the measures on arms . . . ” given the progress made by the Government of Liberia to implement the recommendations on the proper management of arms and ammunition.

Objectives

The objective of the Regulations Repealing the United Nations Liberia Regulations is to lift Canada’s sanctions against Liberia following the United Nations Security Council’s lifting of sanctions against Liberia in Resolution 2288 (2016).

The repealing Regulations will come into effect upon their registration and will be tabled immediately in Parliament, in accordance with the provisions of section 4 of the United Nations Act. As a member state of the United Nations, and in accordance with section 25 of the Charter of the United Nations, Canada is legally bound to implement the binding decisions of the United Nations Security Council.

Description

The Regulations Repealing the Regulations Implementing the United Nations Resolutions on Liberia repeal Canada’s sanctions against Liberia following the United Nations Security Council’s repeal of the sanctions against Liberia in Resolution 2288 (2016).

The text of the Security Council’s Resolution 2288 is available at the following address: https://www.un.org/fr/documents/view_doc.asp?symbol=S/RES/2288(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 Regulations Implementing the United Nations Resolutions on Liberia 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 to these Regulations, as there are no costs to small businesses, and small businesses would not be disproportionately affected.

Consultation

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

Rationale

The Regulations will enable Canada to fulfil its international legal obligations by implementing the Security Council’s Resolution 2288 (2016).

Implementation, enforcement and service standards

Canada’s sanctions regulations are implemented by the Royal Canadian Mounted Police and the Canada Border Services Agency. Every person who contravenes the regulations is liable, upon conviction, to the punishments set out in section 3 of the United Nations Act (that is on summary conviction, to a fine not exceeding $100,000 or to imprisonment for a term not exceeding one year, or both, or, on indictment, to imprisonment for a term not exceeding 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