Order Amending the Order Establishing a List of Foreign State Supporters of Terrorism: SOR/2025-251
Canada Gazette, Part II, Volume 159, Number 26
Registration
SOR/2025-251 December 4, 2025
STATE IMMUNITY ACT
P.C. 2025-883 December 4, 2025
Her Excellency the Governor General in Council, on the recommendation of the Minister of Foreign Affairs made after consulting with the Minister of Public Safety and Emergency Preparedness, makes the annexed Order Amending the Order Establishing a List of Foreign State Supporters of Terrorism under subsection 6.1(2)footnote a of the State Immunity Act footnote b.
Order Amending the Order Establishing a List of Foreign State Supporters of Terrorism
Amendment
1 The schedule to the Order Establishing a List of Foreign State Supporters of Terrorism footnote 1 is amended by deleting the following:
- Syrian Arab Republic
Coming into Force
2 This Order comes into force on the day on which it is registered.
REGULATORY IMPACT ANALYSIS STATEMENT
(This statement is not part of the Order.)
Issues
Generally, under the rules of customary international law, states enjoy immunity from the jurisdiction of the courts of other states. In 2012, Canada created a list of states that are considered to support terrorism (the List of Foreign State Supporters of Terrorism), lifting the immunity of those listed states under our domestic law in relation to suits brought against them in connection with their support of terrorism. Iran and Syria were listed on the initial list on September 7, 2012, and have remained on the list since that time.
Following the overthrow of the Assad regime in December 2024 by an opposition coalition led by Hayat Tahrir al-Sham, circumstances in Syria have changed substantially. These developments warranted a review of the list to determine if reasonable grounds still exist for the continued listing of Syria as a state supporter of terrorism.
Background
On March 13, 2012, the Safe Streets and Communities Act (SSCA) came into force. It enacted the Justice for Victims of Terrorism Act (JVTA), which introduces a specific cause of action for victims of terrorism, allowing them to sue foreign states for loss or damage as a result of acts or omissions punishable under the Criminal Code.
The State Immunity Act (SIA) was also amended by the SSCA in order to allow the Governor in Council to create a list of states for which there are reasonable grounds to believe they have supported terrorism since January 1, 1985. State immunity is the general rule of international law that prevents foreign states from being sued in domestic courts, including Canada’s. The amended SIA lifts the immunity of states under Canada’s domestic law listed by the Governor in Council for supporting terrorism, allowing them to be sued.
A foreign state is considered to support terrorism if it commits an act or omission for the benefit of, or otherwise in relation to, a terrorism entity listed in accordance with the Criminal Code, leading to a terrorist act punishable in Canada. As of October 2025, 86 terrorist entities are listed under the Criminal Code. The full list is available on the Listed Terrorist Entities web page.
On September 7, 2012, the Governor in Council, being satisfied that there were reasonable grounds to believe that Iran and Syria had supported or continued to support terrorist entities, created the Order Establishing a List of Foreign State Supporters of Terrorism (the Order). Iran and Syria have remained on the List of Foreign State Supporters of Terrorism since that time.
In December 2024, Hayat Tahrir al-Sham (HTS) — currently a listed terrorist entity under the Criminal Code — and allied opposition forces overthrew the Assad regime. Then-HTS leader, Ahmed al-Sharaa, became the interim President of Syria. Since taking leadership in December 2024, President al-Sharaa and his transitional government have undertaken efforts to improve the state’s political and economic recovery, including dissolving armed groups (including HTS), forming a new Cabinet, holding partial parliamentary elections and supporting counterterrorism efforts, including expelling Iranian-backed militias and working to prevent the resurgence of Daesh in Syria.
In response to the changing situation, a discretionary review of the List of Foreign State Supporters of Terrorism was undertaken by the Minister of Foreign Affairs, in consultation with the Minister of Public Safety, in October 2025. That review found that reasonable grounds no longer exist to list Syria as a state supporter of terrorism.
Objective
The objective of the Order Amending the Order Establishing a List of Foreign State Supporters of Terrorism (the amendment) is to remove Syria from the List of Foreign State Supporters of Terrorism established under the State Immunity Act, following a review of the list by the Minister of Foreign Affairs, in consultation with the Minister of Public Safety, that determined reasonable grounds no longer exist to support Syria’s continued listing.
Description
The amendment removes Syria from the schedule to the Order. This would have the effect of restoring Syria’s state immunity from the jurisdiction of a Canadian court in proceedings against it for support of terrorism. Although this does not affect claims currently before Canadian courts, any person that has suffered loss or damage in or outside Canada as the result of a terrorist act since January 1, 1985, would no longer be able to bring a new action against Syria.
The State Immunity Act also allows the otherwise immune property of a listed state to be seized in connection with a judgment against it. This includes the financial assets of the listed state held in Canada, and any other property owned by the listed state in Canada. However, property of a listed state that is of a military nature or of cultural or historic value remains immune. Likewise, as Canada continues to respect the Vienna Convention on Diplomatic Relations and the Vienna Convention on Consular Relations, the diplomatic and consular property of a listed state remains inviolable and protected under the aforementioned relevant conventions and pursuant to Canada’s Foreign Missions and International Organizations Act.
Regulatory development
Consultation
Public consultations would not have been appropriate for this amendment, as listing decisions are based on legal and intelligence analysis and foreign policy considerations.
Indigenous engagement, consultation and modern treaty obligations
In accordance with the Cabinet Directive on the Federal Approach to Modern Treaty Implementation, an analysis was undertaken to determine whether the amendment is likely to give rise to modern treaty obligations. The assessment examined the geographic scope and subject matter of the amendment in relation to modern treaties in effect, and no modern treaty obligations were identified.
Instrument choice
This amendment is the only way to remove Syria from the List of Foreign State Supporters of Terrorism. No other options were considered.
Regulatory analysis
Benefits and costs
There are no expected monetized direct costs or benefits for the Government or industry as part of this amendment.
Canadians (or individuals with a substantial connection to Canada) who were victims of terrorism but who have not brought forward a claim would no longer be able to sue the Government of Syria for any losses and damages for any involvement by the state of Syria in supporting terrorist acts.
The Government of Syria may realize future benefits, as it would not face new suits.
Due to a lack of data on the number of individuals with a substantial connection to Canada who are victims of terrorism, their intention to sue, or the size of alleged losses and damages resulting from acts of terrorism affecting them, it is not possible to provide estimates of the costs or benefits that would accrue to these stakeholders.
Small business lens
There are no expected impacts on small businesses.
One-for-one rule
The one-for-one rule does not apply, as there is no incremental change in administrative burden on business.
Regulatory cooperation and alignment
Only the United States (U.S.) has a similar framework to Canada’s for listing foreign states as supporters of terrorism (the State Sponsors of Terrorism list), although listing under the U.S. framework includes a significantly wider range of political, financial and other sanctions in comparison to Canada’s framework. The United States lists Iran, Syria, North Korea and Cuba as State Sponsors of Terrorism. However, on June 30, 2025, President Trump issued an Executive Order directing the Secretary of State to review Syria’s listing as a State Sponsor of Terrorism.
International obligations
This amendment has no implications for Canada’s international obligations.
Effects on the environment
The amendment is 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 strategic environmental and economic assessment is not required.
Gender-based analysis plus
A gender-based analysis plus (GBA+) found that while there are no direct impacts on sex or gender (although they are an element of consideration), the amendment could have indirect impacts insofar as decisions to list or delist could have an impact on the scope of diplomatic engagement and advocacy. Should a decision to delist Syria be accompanied by increased diplomatic advocacy on the rights of women and girls, it would result in limited positive effects for women, girls and marginalized groups in Syria. Conversely, a decision to keep Iran listed will limit the scope for such advocacy, with the potential for limited negative impacts on women, girls and other marginalized groups in Iran.
Implementation, compliance and enforcement, and service standards
The amendment comes into force upon registration.
It is expected that the amendment will support Syria’s political transition and policy of normalization of diplomatic relations.
Contact
Deborah Gomes-Schultz
Director
Crime and Terrorism Policy Division
Global Affairs Canada
125 Sussex Dr.
Ottawa, Ontario
Telephone: 343‑203‑3235
Email: EXTOTT-ICP@international.gc.ca