Regulations Amending the Regulations Implementing the United Nations Resolutions on Haiti: SOR/2025-78

Canada Gazette, Part II, Volume 159, Number 7

Registration
SOR/2025-78 March 6, 2025

UNITED NATIONS ACT

P.C. 2025-281 March 5, 2025

Whereas the Security Council of the United Nations, acting under Article 41 of the Charter of the United Nations, adopted Resolution 2699 (2023) on October 2, 2023, Resolution 2700 (2023) on October 19, 2023 and Resolution 2752 (2024) on October 18, 2024;

And whereas it appears to the Governor in Council to be necessary to make regulations for enabling the measures set out in those resolutions to be effectively applied;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Foreign Affairs, makes the annexed Regulations Amending the Regulations Implementing the United Nations Resolutions on Haiti under section 2 of the United Nations Act footnote a.

Regulations Amending the Regulations Implementing the United Nations Resolutions on Haiti

Amendments

1 The definition military activities in section 1 of the Regulations Implementing the United Nations Resolutions on Haiti footnote 1 is replaced by the following:

military activities
means any activities conducted by state or non-state armed forces and any activities that support the operational capabilities of an armed group. (activités militaires)

2 Paragraphs 3(a) and (b) of the Regulations are replaced by the following:

3 Sections 4 and 5 of the Regulations are replaced by the following:

Embargo — military activities

4 It is prohibited for any person in Canada and any Canadian outside Canada to knowingly provide, directly or indirectly, technical assistance or financial assistance related to military activities to Haiti or any person in Haiti.

Embargo — transport

5 It is prohibited for the owner or master of a Canadian vessel, as defined in section 2 of the Canada Shipping Act, 2001, any operator of an aircraft registered in Canada, any Canadian owner or master of a vessel or any Canadian operator of an aircraft to knowingly carry, cause to be carried or permit to be carried arms and related material that are destined for Haiti or a person in Haiti.

4 The Regulations are amended by adding the following after section 5:

Exception — various entities

5.1 (1) Sections 3 to 5 do not apply to an activity that is intended solely for the support of

Exception — advance approval

(2) Sections 3 to 5 do not apply to an activity that has been approved in advance by the Committee of the Security Council.

Exception — non-lethal military equipment

(3) Sections 3 to 5 do not apply to non-lethal military equipment that is intended solely for humanitarian or protective use or to related technical assistance.

Application Before Publication

5 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

6 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

As a Member State of the United Nations (UN), and pursuant to Article 25 of the Charter of the United Nations (the Charter), Canada is legally obligated to implement decisions of the United Nations Security Council (UNSC) taken under Chapter VII of the UN Charter (i.e., decisions and action with respect to threats to the peace, breaches of the peace, and acts of aggression). These decisions include measures other than the use of force (e.g., sanctions, arms embargoes) to maintain or restore international peace and security where a threat to the peace, breach of the peace, or act of aggression exists. For UNSC resolutions on Haiti, Canada implements the required measures into domestic law through the Regulations Implementing the United Nations Resolutions on Haiti (the “Haiti Regulations”).

In response to increasing violence, criminal activities and human rights abuses and violations in Haiti, the UNSC adopted Resolutions 2699, 2700 and 2752 which Canada is obliged to implement under Canadian law.

Background

For several years, Haiti has been gripped by a multidimensional humanitarian, security and political crisis characterized by chronic poverty, alarming insecurity, as well as political instability paralyzing public institutions. In this context, Haitians experience daily assaults on their basic human rights. By the end of 2024, approximately 5.5 million Haitians were dependent on humanitarian protection and assistance, including 3 million children.

Over the past three years, the escalating gang violence in Haiti has had devastating effects on the population. Criminal gangs, who operate under the protection of political elites and oligarchs, are committing unspeakable violence, terrorizing vulnerable populations with impunity, and are undermining efforts to restore law and order in the country. Over one million people have been forced to flee their homes, resulting in over 1 million persons displaced as of January 2025. The Office of the United Nations High Commissioner for Human Rights (OHCHR) reports that in 2024, at least 5 600 were killed as a result of gang violence in the country, an increase of over 1 000 on the total killings in 2023. Also in 2024, an additional 2 212 people were injured, and 1 494 kidnapped.

International Response — UNSC resolutions

The international community is seized by the continued deteriorating situation in Haiti. In October 2022, the UNSC adopted Resolution 2653, establishing a sanctions regime to limit the flow of financial support for those perpetrating violence in Haiti. The regime includes an arms embargo, as well as a travel ban and asset freeze upon designated individuals and entities who are responsible for or complicit in actions that threaten the peace, security or stability of the country. The resolution also established the UNSC Haiti Sanctions Committee, supported by a Panel of Experts, who will be responsible for identifying individuals and entities that should be the subject of sanctions. The Haiti Sanctions Committee, supported by the Panel of Experts, monitors implementation and progress made by the UN sanctions regime regularly by way of quarterly reporting.

In response to increasing violence, criminal activities and human rights abuses and violations in Haiti, the UNSC adopted Resolutions 2699, 2700 and 2752. These resolutions reaffirm the UNSC’s strong commitment to the sovereignty, independence, territorial integrity and unity of Haiti, and recognize the urgency of curbing the illicit trafficking of arms and ammunition to Haiti to create a safe operating environment for international security support, including the deployment of a Multinational Security Support (MSS) Mission.

Resolution 2699: UNSC Resolution 2699, adopted October 2, 2023, requires that all Member States take the necessary measures to prevent the direct or indirect supply, sale, or transfer to Haiti, from or through their territories or by their nationals, or using their flag vessels or aircraft of small arms, light weapons, and ammunition. Resolution 2699 effectively replaces the targeted arms embargo (i.e. arms embargo applied to listed individuals and entities) with a territorial arms embargo (i.e. arms embargo imposed on the country, Haiti), and limits the scope of the embargo on arms and related material to small arms, light weapons, and ammunition. The revised arms embargo contains two exceptions related to the UN or a UN-authorized mission or to a security unit that operates under the command of the Government of Haiti, and to activities approved in advance by the UNSC Haiti Sanctions Committee to further the objectives of peace and stability in Haiti.

Resolution 2700: UNSC Resolution 2700, adopted October 19, 2023, renews the sanctions regime for one year and extends by 13 months the mandate of the Panel of Experts. Resolution 2700 further reaffirms the revised arms embargo imposed by resolution 2699, extends the measures by one year and clarifies that the exemptions related to the UN or a UN-authorized mission or to a security unit that operates under the command of the Government of Haiti applies to the UN, the United Nations Integrated Office in Haiti, the MSS Mission authorized by resolution 2699, the Haitian National Police, and the Armed Forces of Haiti.

Resolution 2752: UNSC Resolution 2752, adopted October 18, 2024, further renews the sanctions regime for one year and extends the mandate of the UN Panel of Experts for another 13 months. It also broadens the scope of the regime by expanding the sanctions designation criteria to include individuals and entities engaging in activities that “destabilize Haiti through the exploitation or trade of nature resources.” In addition, this resolution expands the arms embargo beyond small arms, light weapons and ammunition to include “arms and related material of all types” as well as technical assistance, training, financial or other assistance, related to military activities or the provision, maintenance or use of any arms and related material. The resolution establishes an additional exception to the arms embargo in cases of supply of non-lethal military equipment intended solely for humanitarian or protective use, and related technical assistance or training, when intended to further the objectives of peace and stability in Haiti. The UNSC measures also no longer make a reference to the term “armed mercenaries.”

Canada’s Response — autonomous and multilateral sanctions

On November 4, 2022, Canada established an autonomous sanctions regime to address the situation in the country. The Special Economic Measures (Haiti) Regulations allow for the imposition of sanctions on individuals and entities supporting or instigating violence in Haiti, including leaders of criminal gangs who inflict violence on the population, as well as individuals who finance, support or benefit from these activities. Since coming into force, Canada has sanctioned 31 individuals under the Special Economic Measures (Haiti) Regulations. In parallel, Canada also implemented the UNSC sanctions measures under resolution 2635 through the Haiti Regulations made under the UNA, which came into force on November 10, 2022.

Objective

The amendments to the Haiti Regulations made under the UNA aim to fulfill Canada’s international obligations and give effect to the decisions of the UNSC taken under Chapter VII of the UN Charter to amend existing sanctions measures as outlined in UNSC Resolutions 2699, 2700 and 2752.

Description

To implement resolutions 2699, 2700 and 2752, the Haiti Regulations are being amended in the following ways:

Regulatory development

Consultation

Global Affairs Canada regularly engages with relevant stakeholders, including civil society organizations, other like-minded governments and international fora, regarding Canada’s approach towards Haiti and sanctions implementation.

As a member of the UN, Canada is obliged to implement the measures included in UNSC resolutions pursuant to Chapter VII of the UN Charter. With respect to the amendments, no external outreach was conducted.

Modern treaty obligations and Indigenous engagement and consultation

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

Instrument choice

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

Regulatory analysis

Benefits and costs

The amendments make Canada compliant with its obligations under the UN Charter by implementing the measures outlined in UNSC Resolutions 2699, 2700 and 2752.

The amendments introduce new prohibitions on arms and related material, which could create additional costs for businesses seeking certificates that would authorize them to carry out specified activities or transactions that are otherwise prohibited. However, an initial analysis concluded that there will be no significant impacts on Canadian businesses as a result of these amendments. Most goods impacted by the proposed amendments are already included in Canada’s Export Control List. As such, exporting these goods would already require seeking an export permit. Since 2021, only two export permits for goods impacted by these amendments have been issued under the Export and Import Permits Act. In addition, Global Affairs Canada assessed the level of trade for goods impacted by the amendments, but not covered under the Export Control List to be minimal, with Canadian exports to Haiti mainly in the agrifood and automotive sectors. The incremental cost for businesses to comply by seeking a sanctions certificate and for the Government to administer and enforce these additional prohibitions is therefore assessed to be minimal.

Small business lens

An initial assessment confirms that it is unlikely that Canadian small businesses will seek a certificate to export arms and related material to Haiti that would be prohibited by the amended regulations. As a result, there would be little to no impact on small businesses.

One-for-one rule

The certificate process for businesses meets the definition of “administrative burden” in the Red Tape Reduction Act and would need to be calculated and offset within 24 months. However, the Regulations implement a non-discretionary obligation (under the UNA) and is exempt from the requirement to offset administrative burden and regulatory titles under the one-for-one rule.

Regulatory cooperation and alignment

While the amendments are not related to a work plan or commitment under a formal regulatory cooperation forum, they align with UNSC Resolutions 2699, 2700 and 2752, and are made to fulfill Canada’s obligation to implement all measures taken by the UNSC under Chapter VII of the UN Charter.

Effects on the environment

The amendments are unlikely to result in important environmental effects. In accordance with the Cabinet Directive on Strategic Environmental and Economic Assessment (SEEA Directive), a preliminary scan concluded that a SEEA is not required.

Gender-based analysis plus (GBA+)

The subject of sanctions has previously been addressed for effects on gender and diversity. Although sanctions are intended to facilitate change to restore peace and security, protect and advance human rights, and combat foreign corruption through economic pressure on states and responsible individuals, they can nevertheless have an impact on vulnerable groups and individuals. In countries facing sanctions, such groups have historically been more likely to bear the political and economic instability caused by economic sanctions due to their disadvantaged position in society.

Vulnerable populations in Haiti, particularly women and girls, continue to face daily assaults on their basic human rights by criminal gangs. By enlarging the scope of the arms embargo from a targeted embargo to a territorial embargo, the amendments would contribute to tackling arms and ammunition trafficking in Haiti by criminal gangs and their allies. Limiting criminal gangs access to arms and ammunitions is an integral part to curbing gang violence.

Implementation, compliance and enforcement, and service standards

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

Pursuant to s. 9 of the Haiti UN Regulations, the Sanctions Bureau of Global Affairs Canada administers applications for certificates. Such applications for certificates would allow the export of items under Canada’s sanctions regulations, namely regulations under the Special Economic Measures Act, the UNA and the Justice for Victims of Corrupted Foreign Officials Act. Certificates may be granted in exceptional circumstances on a case-by-case basis and at the discretion of the Minister of Foreign Affairs. Pursuant to the UN Haiti Regulations, the Minister must issue a certificate if the Security Council did not intend that an activity be prohibited, or if the Security Council has approved the activity in advance.

As the amendments target a restricted number of prohibited items which are already included in Canada’s Export Control List, an export permit pursuant to the Export and Import Permits Act is also required for the items to be exported lawfully to Haiti. Applications for export permits are administered by the Trade and Export Controls Bureau of Global Affairs Canada.

The Trade Commissioner Service at Global Affairs Canada, abroad and in Canada, continues to assist clients in understanding Canadian sanctions regulations, and notably the impact of the regulations on any activities in which Canadians may be engaged. Global Affairs Canada is also increasing outreach efforts across Canada — including to engage with businesses, universities, and provincial/territorial governments — to enhance national awareness of and compliance with Canadian sanctions.

Canada’s sanction regulations are enforced by the Royal Canadian Mounted Police and the Canada Border Services Agency. In accordance with section 3 of the UNA, every person who knowingly contravenes or fails to comply with the regulations is liable upon 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, and upon conviction on indictment to imprisonment for a term of not more than 10 years.

Global Affairs Canada collaborates with CBSA for effective enforcement, activating a border lookout when a new prohibition is implemented and providing assessments on whether sanctions are engaged, as requested. CBSA possesses the essential on-the-ground presence, expertise and authorities for enforcement.

Contact

Global Affairs Canada
Sanctions Bureau
125 Sussex Drive
Ottawa, Ontario
K1A 0G2
Email: sanctions@international.gc.ca
Telephone (toll-free): 1‑833‑352‑0769
Telephone (local): 1‑343‑203‑3975
Fax: 1‑613‑995‑9085