Regulations Amending the Regulations Establishing a List of Entities: SOR/2019-231
Canada Gazette, Part II, Volume 153, Number 13
SOR/2019-231 June 18, 2019
P.C. 2019-886 June 21, 2019
Whereas the Governor in Council is satisfied, on the recommendation of the Minister of Public Safety and Emergency Preparedness, that there are reasonable grounds to believe that each entity referred to in the annexed Regulations Amending the Regulations Establishing a List of Entities is an entity that 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 such an entity;
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) footnote a of the Criminal Code footnote b, makes the annexed Regulations Amending the Regulations Establishing a List of Entities.
Regulations Amending the Regulations Establishing a List of Entities
1 Section 1 of the Regulations Establishing a List of Entities footnote 1 is amended by adding the following at the end of that section:
Al-Ashtar Brigades (AAB) (also known among other names as Saraya al-Ashtar, Al Ashtar Brigades, The Ashtar Brigades, Saraya Waad Allah, Wa’ad Allah Brigades, Islamic Allah Brigades, Imam al-Mahdi Brigades and al-Haydariyah Brigades)
Fatemiyoun Division (FD) (also known among other names as Fatemioun Brigade, Fatemioun Military Division, Fatemiyoun, Fatemiyoun Battalion, Fatemiyoun Force, Fatemiyyun, Liwa Fatemiyoun, Liwa al-Fatemiyon, Fatemiyon Brigade, Fatemiyon Division and Fatemiyoun Brigade)
Harakat al-Sabireen (HaS) (also known among other names as Al-Sabirin Movement for Supporting Palestine, Al-Sabireen Movement for Supporting Palestine, Al-Sabirin, Al-Sabireen, a-Sabrin organization, Al-Sabireen for the Victory of Palestine, HISN, HOSN, The Sabireen Movement, HESN, Movement of Those Who Endure With Patience and Movement of the Patient Ones)
Blood & Honour (B&H)
Combat 18 (C18)
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.)
Amendments to the Regulations Establishing a List of Entities (the Regulations) support the Government of Canada’s efforts to protect Canadians against the threat of terrorism. The listing of terrorist entities facilitates the prosecution of perpetrators and supporters of terrorism and plays a key role in countering terrorist financing.
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 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.
Furthermore, 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.
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 and brokerages, 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 with or otherwise dispose of the property.
Section 1 of the Regulations Establishing a List of Entities is amended by
- Adding “Al-Ashtar Brigades (AAB)” to the list of terrorist entities and its aliases: “Saraya al-Ashtar; Al Ashtar Brigades; The Ashtar Brigades; Saraya Waad Allah; Wa’ad Allah Brigades; Islamic Allah Brigades; Imam al-Mahdi Brigades; al-Haydariyah Brigades”
- Adding “Fatemiyoun Division (FD)” to the list of terrorist entities and its aliases: “Fatemioun Brigade; Fatemioun Military Division; Fatemiyoun; Fatemiyoun Battalion; Fatemiyoun Force; Fatemiyyun; Liwa Fatemiyoun; Liwa al-Fatemiyon; Fatemiyon Brigade; Fatemiyon Division; Fatemiyoun Brigade”
- Adding “Harakat al-Sabireen (HaS)” to the list of terrorist entities and its aliases: “Al-Sabirin Movement for Supporting Palestine; Al-Sabireen Movement for Supporting Palestine; Al-Sabirin; Al-Sabireen; a-Sabrin organization; Al-Sabireen for the Victory of Palestine; HISN; HOSN; The Sabireen Movement; HESN; Movement of Those Who Endure With Patience; Movement of the Patient Ones”
- Adding “Blood & Honour (B&H)” to the list of terrorist entities
- Adding “Combat 18 (C18)” to the list of terrorist entities
No public consultations were undertaken in association with these amendments.
An exemption from prepublication was sought to ensure the entities did not disperse their finances in advance of their assets being frozen as a result of listing.
Modern treaty obligations and Indigenous engagement and consultation
As required by the Cabinet Directive on the Federal Approach to Modern Treaty Implementation, an assessment of modern treaty implications was conducted on the amendments. The assessment did not identify any modern treaty implications or obligations.
The Regulations Establishing a List of Entities establish a list of terrorist entities. The terrorist listings program is intentionally built around the utilization of the regulations, which facilitates the prosecution of perpetrators and supporters of terrorism and plays a key role in countering terrorist financing.
Costs and benefits
There are no associated costs with the proposed regulatory amendments. Amendments made to the list are necessary to ensure Canada continues to maintain a strong counter-terrorism posture and serves to ensure allies that Canada actively responds to terrorist developments abroad. In addition, the listing of an entity is a means for the Government to inform Canadians of the Government’s position with regard to a particular entity.
Small business lens
The small business lens does not apply, as there are no associated impacts on small businesses.
The “One-for-One” Rule applies to these amendments to the Regulations, as they are expected to result in minimal increases in administrative costs to business (because of the reporting requirements). However, these Regulations are exempted from application of the “One-for-One” Rule as they address unique, exceptional circumstances, and serve to protect the security of Canadians.
Regulatory cooperation and alignment
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.
Strategic environmental assessment
In accordance with The Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals, a preliminary scan concluded that the amendments would not result in positive or negative environmental impacts; therefore, a strategic environmental assessment is not required.
Gender-based analysis plus
A review of the terrorist listings program found that the membership of the majority of entities listed under Section 83.05 of Canada’s Criminal Code consists predominately of men, and that nearly half of Canada’s listed entities seek the establishment of an Islamic Caliphate which propagates Sharia law. However, Public Safety’s 2016 Public Report on the Terrorist Threat to Canada notes that women constitute 20% of total extremist travellers from Canada.
In accordance with the intersectional model of the gender-based analysis plus (GBA+), the role of geography must also be considered as an additional identity factor. From a geopolitical perspective, terrorist networks tend to establish footholds in countries with weaker governance systems and fragile judicial frameworks. There is a prevalence of such conditions in areas of the Middle East, North and West Africa, and South Asia, where Sharia law is more prominently practised. Approximately half of Canada’s currently listed entities are located in the Middle East, with the other half situated in the surrounding area (North and Horn of Africa, and Western Asia’s Afghanistan/Pakistan region). The work plan for entities prioritized for listing regularly consists of entities supporting already listed terrorist groups in geographic regions where other terrorist groups are operating; however, terrorist organizations generate sympathizers and recruits from around the globe.
In the case of right-wing extremism, extremist ideology is mobilized to recruit members, spurring the “othering” of minority and “non-traditional” gender groups. Right-wing extremist entities are primarily comprised of young, straight Caucasian men. Religious concepts and scripture are coopted to justify their activities. Homosexuality is viewed as being in opposition to masculine ideals and something harmful to the nation. Women are generally portrayed as victims, with men being called upon to protect their “race” and “nation”. However, as with other forms of extremism, women who hold far-right views can play an active part in these organizations. Typically, women are expected to fulfill “traditional” familial, communitarian, and social roles within the organizations. Occasionally, these roles coincide with leadership positions.
This gender and geographic finding of the listings program is reflective of the male-controlled structure of terrorist groups and their religious affiliation. The proposed listings and sanctioning efforts were found to have no additional impacts on diverse groups or the population. Consequences of listing apply equally to all individuals and organizations, regardless of gender. Public Safety consults with a number of departments and agencies to identify entities for listing that align with strategic priorities, Canada’s domestic needs, and international considerations.
Implementation, compliance and 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.
Listing a terrorist entity sets in motion requirements for reporting suspicious terrorist financing transactions and requires anyone to disclose to the Royal Canadian Mounted Police and the Canadian Security Intelligence Service 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.
In addition, bodies that are subject to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act must also report the information to the 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 Regulations for the security of Canada and Canadians.
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