Special Economic Measures (Hamas Terrorist Attacks) Regulations: SOR/2024-17

Canada Gazette, Part II, Volume 158, Number 4

SOR/2024-17 February 2, 2024


P.C. 2024-101 February 2, 2024

Whereas the Governor in Council is of the opinion that the attacks by Hamas against the State of Israel that started on October 7, 2023 constitute a grave breach of international peace and security that has resulted in a serious international crisis;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Foreign Affairs, makes the annexed Special Economic Measures (Hamas Terrorist Attacks) Regulations under paragraph 4(1)(a)footnote a and subsections 4(1.1)footnote b, (2)footnote c and (3) of the Special Economic Measures Act footnote d.

Special Economic Measures (Hamas Terrorist Attacks) Regulations


Definition of Minister

1 In these Regulations, Minister means the Minister of Foreign Affairs.


Listed person

2 A person whose name is listed in the schedule is a person in respect of whom the Governor in Council, on the recommendation of the Minister, is satisfied that there are reasonable grounds to believe is


Prohibited dealings and activities

3 It is prohibited for any person in Canada and any Canadian outside Canada to


4 Section 3 does not apply in respect of

Assisting in prohibited activity

5 It is prohibited for any person in Canada and any Canadian outside Canada to knowingly do anything that causes, facilitates or assists in, or is intended to cause, facilitate or assist in, any activity prohibited by section 3.

Duty to determine

6 The following entities must determine on a continuing basis whether they are in possession or control of property that is owned — or that is held or controlled, directly or indirectly — by a listed person:

Duty to disclose

7 (1) Every person in Canada, every Canadian outside Canada and every entity set out in section 6 must disclose without delay to the Commissioner of the Royal Canadian Mounted Police or to the Director of the Canadian Security Intelligence Service


(2) No proceedings under the Special Economic Measures Act and no civil proceedings lie against a person for a disclosure made in good faith under subsection (1).


Removal from list

8 (1) A listed person may apply to the Minister in writing to have their name removed from the schedule.

Reasonable grounds

(2) On receipt of an application, the Minister must decide whether there are reasonable grounds to recommend the removal to the Governor in Council.

New application

9 If there has been a material change in circumstances since the last application was submitted, a listed person may submit another application under section 8.

Mistaken identity

10 (1) A person whose name is the same as or similar to the name of a listed person and who claims not to be that person may apply to the Minister in writing for a certificate stating that they are not that listed person.

Determination by Minister

(2) Within 30 days after the day on which the Minister receives the application, the Minister must

Application Before Publication


11 For the purpose of paragraph 11(2)(a) of the Statutory Instruments Act, these Regulations apply according to their terms before they are published in the Canada Gazette.

Coming into Force


12 These Regulations come into force on the day on which they are registered.


(Section 2 and subsection 8(1))



(This statement is not part of the Regulations or the Order.)


The October 7, 2023, terrorist attacks by Hamas in Israel, and the subsequent actions undertaken by Hamas and its affiliates against Israel and persons residing in Israel, constitute a grave breach of international peace and security resulting in a serious international crisis. Additionally, the heinous acts of violence by Hamas directly caused suffering and loss of human life and were a gross violation of human rights. Hamas’ leadership has stated that they intend to carry out further attacks against Israel and continue to call for the destruction of Israel.


On October 7, 2023, the Hamas terrorist organization launched a brutal attack from Gaza on several Israeli communities, sending armed militants into Israel to kill, torture, rape and capture persons residing in Israel. The attack featured sexual violence, abduction, maiming, and murder. In the attack, Hamas killed over 1 200 individuals and took more than 200 hostages captive back into Gaza. More than 100 days after the attacks, 132 hostages remain in captivity.

The Government of Canada has put in place measures in response to the attacks and the ensuing conflict. There is strong international consensus amongst Canada’s allies and partners on the importance of further reinforcing measures to isolate, delegitimize, and counter Hamas’ ability to operate, raise funds and carry out terrorist acts.

In 2002, Canada listed Hamas as a terrorist entity under the Criminal Code. A Criminal Code listing carries significant consequences that enable the application of appropriate measures to deter terrorist activity in Canada or prevent support for terrorist activity from Canada. It is an offence to knowingly deal in the property of a listed entity and possession of such property must be reported. It is also an offence to collect property, or to provide financial or other related services, knowing it will benefit a listed entity.

The Special Economic Measures Act (SEMA) allows Canada to impose sanctions measures in circumstances where a grave breach of international peace and security has occurred, or gross and systematic human rights violations have been committed in relation to a foreign state.


These sanctions intend to send a clear signal of


The Regulations designate 11 individuals who are subject to a dealings ban. As part of their roles in the military and political leadership of Hamas, these individuals have engaged in activities that directly or indirectly enable or contribute to the attacks by Hamas against the State of Israel and persons residing in the State of Israel, commencing on October 7, 2023.

Any individual or entity in Canada, and Canadians and Canadian entities outside Canada, are thereby prohibited from dealing in the property of, entering into transactions with, providing services to, transferring property to, or otherwise making goods available to listed persons. These measures will also render listed individuals inadmissible to Canada under the Immigration and Refugee Protection Act.

The Regulations include exceptions for any transaction with any international organization with diplomatic status, with any United Nations agency, with the International Red Cross and Red Crescent Movement or with any entity that has entered into a grant or contribution agreement with the Department of Foreign Affairs, Trade and Development. For example, this exception would include humanitarian activities and those activities that serve the purpose of safeguarding human life, disaster relief, or providing food, medicine or medical supplies or equipment. Other exceptions include those related to payments under pre-existing contracts or loan agreement to any person in Canada, or any Canadian outside Canada.

The Regulations also create a duty for Canadians (including businesses, such as banks and cooperative credit associations) to determine and disclose whether they are in possession or control of property belonging to a listed person.

Under the Regulations, listed persons may apply to the Minister of Foreign Affairs to have their name removed from the schedule of designated persons. The Minister must determine whether there are reasonable grounds to make a recommendation to the Governor in Council for removal. The Regulations are accompanied by the Special Economic Measures (Hamas Terrorist Attacks) Permit Authorization Order (the Order). The Order authorizes the Minister of Foreign Affairs to issue to any individual or entity in Canada, and any Canadian outside Canada, a permit to carry out a specified activity or transaction, or any class of activity or transaction that is otherwise restricted or prohibited pursuant to the Regulations.

Regulatory development


Global Affairs Canada engages regularly with relevant stakeholders, including civil society organizations and cultural communities and other like-minded governments regarding Canada’s approach to sanctions implementation.

With respect to the Regulations, public consultation would not have been appropriate given the urgency to impose these measures and the risk of sanctions evasion activities.

Modern treaty obligations and Indigenous engagement and consultation

An initial assessment of the geographical scope of the initiative was conducted and did not identify any modern treaty obligations, as the Regulations do not take effect in a modern treaty area.

Instrument choice

Regulations are the sole method to enact sanctions in Canada. No other instrument could be considered.

Regulatory analysis

Benefits and costs

The Regulations are targeting specific persons. Therefore, it is expected to have less impact on Canadian businesses than traditional broad-based sanctions as well as limited impact beyond the listed persons. Based on initial assessment of available open-source information, it is believed that the individuals listed have limited linkages with Canada and, therefore, do not have significant business dealings that are relevant to the Canadian economy. It is therefore anticipated that there will be no significant impacts on Canadian businesses as a result of these Regulations.

Canadian banks and financial institutions are required to comply with the sanctions. They will do so by adding the new prohibitions to their existing monitoring systems, which may result in a minor compliance cost.

As a result of the humanitarian exception incorporated into the Regulations, activities such as the provision of humanitarian aid to civilians would not be prohibited and, as such, organizations seeking to conduct these activities will not incur any additional costs because of the Regulations.

Small business lens

With respect to the individuals being listed under the Regulations, analysis under the small business lens concluded that the Regulations will not impact Canadian small businesses. The Regulations do not impose any new compliance or administrative burden on small businesses in Canada. The Regulations prohibit Canadian businesses from dealing with, providing services to, or otherwise making goods available to listed persons, but do not create obligations related to them. While Canadian businesses may seek permits under the Regulations, they are granted on an exceptional basis, and Global Affairs Canada does not anticipate any applications resulting from listing these individuals.

One-for-one rule

The one-for-one rule does not apply, as there is no incremental change in administrative burden on businesses. The permitting process for businesses meets the definition of “administrative burden” in the Red Tape Reduction Act; however, while permits may be granted under the Regulations on an exceptional basis, given that the listed individuals have limited business ties to the Canadian economy, Global Affairs Canada does not anticipate any permit applications with respect to the Regulations.

Regulatory cooperation and alignment

The Regulations are not related to a work plan or commitment under a formal regulatory cooperation forum.

Canada’s sanctions against Hamas and its affiliates come in support of concerted efforts with like-minded governments to dismantle and restrict Hamas’ financial architecture in order to hinder further efforts by Hamas to continue on with its attacks. Since October 2023, Canada’s allies, including Australia, Japan, the European Union, the United Kingdom and the United States, have enacted measures that target a range of actors related to Hamas, including terrorist groups and key leaders, as well as financial facilitators and enablers. These measures include terrorist listings, asset freezes, reporting requirements, dealings bans, travel bans, arms embargoes, and financial measures.

Strategic environmental assessment

The Regulations are unlikely to result in important environmental effects. In accordance with the Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals, a preliminary scan concluded that a strategic environmental assessment is not required.

Gender-based analysis plus

The subject of economic sanctions has previously been assessed for effects on gender and diversity. Although intended to facilitate a change in behaviour through economic pressure on individuals in foreign states, sanctions under the SEMA can nevertheless have an unintended impact on certain vulnerable groups and individuals. Rather than affecting the whole region, these targeted sanctions impact individuals believed to be engaged in activities that contribute to a grave breach of international peace and security, or who have contributed to the violation of human rights. Therefore, these sanctions are unlikely to have a significant impact on vulnerable groups, as compared to traditional broad-based economic sanctions directed toward a foreign state, and should limit the collateral effects to those dependent on the targeted individuals.

Implementation, compliance and enforcement, and service standards

The Regulations come into force on the day they are registered.

Consequential to being listed in the Regulations, and pursuant to the application of paragraph 35.1(b) of the Immigration and Refugee Protection Act, the listed individuals would be inadmissible to Canada.

The names of the listed individuals will be available online for financial institutions to review and will be added to the Consolidated Canadian Autonomous Sanctions List. This will help to facilitate compliance with the Regulations.

Under the SEMA, both Royal Canadian Mounted Police and Canada Border Services Agency officers have the power to enforce sanctions violations through their authorities as defined under the Customs Act, the Excise Act or the Excise Act, 2001, and sections 487 to 490, 491.1 and 491.2 of the Criminal Code.

In accordance with section 8 of the SEMA, every person who knowingly contravenes or fails to comply with the Regulations is liable, upon summary conviction, to a fine of not more than $25,000 or to imprisonment for a term of not more than one year, or to both; or, upon conviction on indictment, to imprisonment for a term of not more than five years.


Israel, West Bank and Gaza Division
Global Affairs Canada
125 Sussex Drive
Ottawa, Ontario
K1A 0G2
Telephone: 343‑204‑5401
Email: extott-ela@international.gc.ca