Budget Implementation Act, 2023, No. 1 (S.C. 2023, c. 26)

• (a) the person is the foreign state identified in the order or a person identified in the order; or

• Marginal note:Application by person

  (4) Any person — other than a person referred to in paragraph 5.2(a) — who claims an interest in or right to property that is forfeited to Her Majesty under subsection (1) may, within 30 days after the day on which the property is forfeited, apply in writing to a judge for an order declaring that their interest or right is not affected by the forfeiture, declaring the nature and extent of the interest or right and directing the Minister to pay to the person an amount equal to the value of their interest or right.

• (d.1) the Minister of Transport;

• (d.2) the Minister of National Revenue;

• (d.3) the Minister of Justice and Attorney General of Canada;

• (d.4) the Minister of Citizenship and Immigration;

Marginal note:FINTRAC

6.21 The Minister may disclose to the Financial Transactions and Reports Analysis Centre of Canada any information that is relevant to the making, administration or enforcement of an order or regulation referred to in subsection 4(1).

• (h) the Minister of Foreign Affairs or a Minister designated under subsection 6(2) of the Special Economic Measures Act, if the Centre also determines that the information is relevant to the making, administration or enforcement of an order or regulation referred to in subsection 4(1) of that Act; and

• (i) the Minister of Foreign Affairs or a Minister designated under subsection 2.1(2) of the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law), if the Centre also determines that the information is relevant to the making, administration or enforcement of an order or regulation referred to in subsection 4(1) of that Act.

Définitions et interprétation

Marginal note:Deemed ownership

• 2.01 (1) If a foreign national controls an entity other than a foreign state, any property that is owned — or that is held or controlled, directly or indirectly — by the entity is deemed to be owned by that foreign national.

• Marginal note:Criteria

  (2) For the purposes of subsection (1), a foreign national controls an entity, directly or indirectly, if any of the following criteria are met:

  • (a) the foreign national holds, directly or indirectly, 50% or more of the shares or ownership interests in the entity or 50% or more of the voting rights in the entity;

  • (b) the foreign national is able, directly or indirectly, to change the composition or powers of the entity’s board of directors; or

  • (c) it is reasonable to conclude, having regard to all the circumstances, that the foreign national is able, directly or indirectly and through any means, to direct the entity’s activities.

Minister

• (b) by order, cause to be seized or restrained in the manner set out in the order any property situated in Canada that is owned — or that is held or controlled, directly or indirectly — by a foreign national who is identified in an order or regulation made under paragraph (1)(a).

• (d.1) the Minister of Transport;

• (d.2) the Minister of National Revenue;

• (d.3) the Minister of Justice and Attorney General of Canada;

• (d.4) the Minister of Citizenship and Immigration;

Marginal note:FINTRAC

7.21 The Minister may disclose to the Financial Transactions and Reports Analysis Centre of Canada any information that is relevant to the making, administration or enforcement of an order or regulation referred to in subsection 4(1).

Marginal note:Definitions

2 The following definitions apply in this Act.

Ottawa Agreement

Ottawa Agreement means the Agreement on the status of the North Atlantic Treaty Organisation, National Representatives and International Staff, done at Ottawa on September 20, 1951. (Convention d’Ottawa)

Paris Protocol

Paris Protocol means the Protocol on the Status of International Military Headquarters set up pursuant to the North Atlantic Treaty, done at Paris on August 28, 1952. (Protocole de Paris)

Marginal note:Approval

3 The Ottawa Agreement set out in Schedule 1 and the Paris Protocol set out in Schedule 2 are approved.

Marginal note:Power to make orders

4 The Governor in Council may make any orders that the Governor in Council considers necessary for the purpose of carrying out the obligations and exercising the rights of Canada under the Ottawa Agreement, the Paris Protocol and any agreement under Article 25 of that Agreement or paragraph 2 of Article 16 of that Protocol.

Marginal note:Orders — Headquarters or organization

5 The Governor in Council may make any orders that the Governor in Council considers necessary to enable any international military Headquarters or organization established under the North Atlantic Treaty to exercise its powers or perform its functions in Canada, including any orders that impose obligations and confer rights, privileges and immunities comparable to those under the Paris Protocol.

Marginal note:Certificate

6 A certificate issued by or under the authority of the Minister of Foreign Affairs and containing any statement of fact relevant to any of the following questions is admissible in evidence in any action or proceeding as proof of the fact stated in the certificate without proof of the signature or official character of the person appearing to have signed the certificate:

• (a) whether the North Atlantic Treaty Organization, any of its subsidiary bodies or any international military Headquarters or organization is the subject of an order made under section 4 or 5;

• (b) whether the North Atlantic Treaty Organization, any of its subsidiary bodies or any international military Headquarters or organization has privileges or immunities provided by an order made under section 4 or 5;

• (c) whether any person has privileges or immunities provided by an order made under section 4 or 5.