Regulations Amending the Regulations Establishing a List of Entities: SOR/2026-117

Canada Gazette, Part II, Volume 160, Number 13

Registration
SOR/2026-117 June 9, 2026

CRIMINAL CODE

P.C. 2026-563 June 9, 2026

Her Excellency the Governor General in Council, on the recommendation of the Minister of Public Safety and Emergency Preparedness, makes the annexed Regulations Amending the Regulations Establishing a List of Entities under subsection 83.05(1)footnote a of the Criminal Code footnote b.

Regulations Amending the Regulations Establishing a List of Entities

Amendment

1 Section 1 of the Regulations Establishing a List of Entities footnote 1 is amended by deleting the following:

Coming into Force

2 These Regulations come into force on the day on which they are made.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

The Minister of Public Safety and Emergency Preparedness (the Minister) has reviewed 12 entities pursuant to article 83.05 (8.1) of the Criminal Code. As a result of this review, amendments to the Regulations Establishing a List of Entities (the Regulations) are required, as the Minister has assessed that one entity should be removed from the list.

Background

On December 18, 2001, the Anti-Terrorism Act received royal assent, amending the Criminal Code to allow the Government of Canada to create a list of terrorist entities. Under the Criminal Code, the Governor in Council may, on the recommendation of the Minister, 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 has knowingly acted 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 a 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

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 requesting that it no longer be a listed entity. In such cases, the Minister 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.

In April 2026, the Minister completed a review of 12 entities. Following that review, the Minister recommended that Euskadi Ta Askatasuna (ETA) be removed from the list of terrorist entities. ETA was initially listed as a terrorist entity pursuant to the Criminal Code on June 4, 2003. ETA ceased activities in 2011 and disarmed in 2017, before dissolving in 2018. Since the Minister’s last review of the entity, local political support for ETA has continued to decline, lowering the risk of the group’s reconstitution, and Canada’s allies (the United States, New Zealand, and the European Union) have removed ETA from their respective lists of terrorist organizations.

Objective

Amending the Regulations to remove one entity helps to inform Canadians of the Government’s position with regard to a particular entity. Furthermore, streamlining the list of entities ensures that Canada is providing an accurate representation of Canada’s counter-terrorism priorities and aligns Canada with its allies.

Description

The Regulations Amending the Regulations Establishing a List of Entities (the amendment) remove the following from the prescribed list of entities: Euskadi Ta Askatasuna (ETA) [also known as Basque Homeland and Liberty, Euzkadi Ta Azkatasuna, Euzkadi Ta Askatasuna, Basque Nation and Liberty, Basque Fatherland and Liberty and Basque Homeland and Freedom].

Regulatory development

Consultation

Public Safety Canada officials consult with a number of federal partner organizations, including the Royal Canadian Mounted Police (RCMP), Department of Justice, Financial Transactions and Reports Analysis Centre of Canada, Canada Border Services Agency, Canadian Security Intelligence Service (CSIS), and Global Affairs Canada, to ensure the regulatory amendment is in Canada’s national interest. No external public consultation was undertaken in association with these amendments to the Regulations.

Indigenous engagement, consultation and modern treaty obligations

As required by the 2015 Cabinet Directive on the Federal Approach to Modern Treaty Implementation, an assessment of modern treaty implications was conducted for the amendments to the Regulations. It was determined that there are no modern treaty implications or obligations.

Instrument choice

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 counter-terrorism efforts and plays a key role in countering terrorist financing. Amending the Regulations is the only option to remove a listed entity.

Regulatory analysis

Benefits and costs

The application of the list is administrative in nature and the amendments to the Regulations incur minimal to no additional costs to financial institutions required to implement counter-terrorist financing obligations.

When an entity is added to the list, financial institutions are required to freeze the assets of listed entities and to disclose without delay to the RCMP or CSIS the existence of any property that is in their possession or under their control that they know is owned by a terrorist group. Upon the removal of ETA from the list, these obligations will end and financial institutions will update their internal systems to reflect the entity’s removal. As a result, the costs associated with this change remain minimal.

Small business lens

Analysis under the small business lens concluded that these amendments will not impact Canadian 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 and no regulatory titles are repealed or introduced.

Regulatory cooperation and alignment

No opportunities for regulatory cooperation or alignment were identified, as the delisting of an entity under the Criminal Code is a Canada-specific national security measure for which no equivalent provincial or territorial regulatory frameworks exist.

International obligations

The list 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 the United Nations Security Council Resolution 1373.

The amendment aligns Canada’s terrorist list with the position of Canada’s allies. The United States, New Zealand, and the European Union have removed ETA from their respective listing mechanism.

Effects on the environment

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

No impacts based on gender and other identity factors have been identified for the amendment.

Implementation, compliance and enforcement, and service standards

This amendment to the Regulations comes into force on the day on which it is made.

Contact

Public Safety Canada
269 Laurier Avenue West
Ottawa, Ontario
K1A 0P8
Telephone: 613‑994‑4875 or 1‑800‑830‑3118