Interpretation

1 The following definitions apply in these Regulations.

arms and related material

arms and related material means any type of weapon and ammunition, and includes their spare parts. (armes et matériel connexe)

Canadian

Canadian means an individual who is a citizen within the meaning of the Citizenship Act or a body corporate incorporated by or continued under the laws of Canada or a province. (Canadien)

Committee of the Security Council

Committee of the Security Council means the Committee of the Security Council of the United Nations established by Security Council Resolution 1533 (2004) of March 12, 2004. (Comité du Conseil de sécurité)

Democratic Republic of the Congo

Democratic Republic of the Congo includes its political subdivisions. (République démocratique du Congo)

entity

entity means a body corporate, a trust, a partnership, a fund, an unincorporated association or organization or a foreign state. (entité)

MONUC

MONUC means the United Nations Organization Mission in the Democratic Republic of the Congo. (MONUC)

person

person means an individual or an entity. (personne)

property

property means property of every description and documents relating to or evidencing the title or right to property, or giving a right to recover or receive money or goods, and includes any funds, financial assets or economic resources. (bien)

Security Council Resolutions

Security Council Resolutions means Resolution 1493 (2003) of July 28, 2003, Resolution 1533 (2004) of March 12, 2004, Resolution 1552 (2004) of July 27, 2004 and Resolution 1596 (2005) of April 18, 2005, adopted by the Security Council of the United Nations. (résolutions du Conseil de sécurité)

Special Representative

Special Representative means the Special Representative of the Secretary-General of the United Nations for the Democratic Republic of the Congo. (représentant spécial)

technical assistance

technical assistance means any form of assistance, such as providing instruction, training, consulting services or technical advice, transferring know-how or technical data and includes financing and providing financial assistance. (aide technique)

technical data

technical data includes blueprints, technical drawings, photographic imagery, computer software, models, formulas, engineering designs and specifications, technical and operating manuals and any technical information. (données techniques)

Application

2 These Regulations are binding on Her Majesty in right of Canada or a province.

Prohibitions

3 Subject to sections 6 and 7, no person in Canada and no Canadian outside Canada shall knowingly export, sell, supply or ship arms and related material, wherever situated, to any person in the Democratic Republic of the Congo.

4 Subject to sections 6 and 7, no owner or master of a Canadian ship within the meaning of section 2 of the Canada Shipping Act, and no operator of an aircraft registered in Canada shall knowingly carry, cause to be carried or permit to be carried arms and related material, wherever situated, destined for any person in the Democratic Republic of the Congo.

5 Subject to sections 6 and 7, no person in Canada and no Canadian outside Canada shall knowingly provide, directly or indirectly, to any person in the Democratic Republic of the Congo technical assistance related to military activities.

6 Sections 3 to 5 do not apply in respect of non-lethal military equipment intended solely for humanitarian or protective use, and related technical assistance, if the Committee of the Security Council is notified in advance of the equipment’s intended use or of the projected provision of related technical assistance, as the case may be, and does not object to it.

7 Sections 3 to 5 do not apply in respect of arms and related material and related technical assistance intended solely for support of, or use by, the MONUC.

8 No person in Canada and no Canadian outside Canada shall knowingly

• (a) deal, directly or indirectly, in any property in Canada that is owned or controlled, directly or indirectly, as at April 18, 2005 or at any time after that date by a person designated by the Committee of the Security Council;

• (b) enter into or facilitate, directly or indirectly, any financial transaction related to a dealing in property referred to in paragraph (a);

• (c) provide any financial services or any other services in respect of any property referred to in paragraph (a); or

• (d) make any property — other than the necessaries of life — available, directly or indirectly, to any person referred to in paragraph (a) or for their benefit.

9 It is prohibited for any person in Canada or 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 sections 3 to 5 and 8.

9.1 [Repealed, SOR/2019-60, s. 10]

Obligations

10 The following entities must determine on a continuing basis whether they are in possession or control of property owned, held or controlled by or on behalf of a person designated by the Committee of the Security Council:

• (a) authorized foreign banks, as defined in section 2 of the Bank Act, in respect of their business in Canada, and banks regulated by that Act;

• (b) cooperative credit societies, savings and credit unions and caisses populaires regulated by a provincial Act and associations regulated by the Cooperative Credit Associations Act;

• (c) foreign companies, as defined in subsection 2(1) of the Insurance Companies Act, in respect of their insurance activities in Canada;

• (d) companies, provincial companies and societies, as those terms are defined in subsection 2(1) of the Insurance Companies Act;

• (e) fraternal benefit societies regulated by a provincial Act in respect of their insurance activities and insurance companies and other entities regulated by a provincial Act that are engaged in the business of insuring risks;

• (f) companies regulated by the Trust and Loan Companies Act;

• (g) trust companies regulated by a provincial Act;

• (h) loan companies regulated by a provincial Act;

• (i) entities that engage in any activity referred to in paragraph 5(h) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act if the activity involves the opening of an account for a client; and

• (j) entities authorized under provincial legislation to engage in the business of dealing in securities or to provide portfolio management or investment counselling services.

• 11 (1) Every person in Canada, every Canadian outside Canada and every entity set out in section 10 must disclose without delay to the Commissioner of the Royal Canadian Mounted Police or to the Director of the Canadian Security Intelligence Service

  • (a) the existence of property in their possession or control that they have reason to believe is owned, held or controlled by or on behalf of a person designated by the Committee of the Security Council; and

  • (b) any information about a transaction or proposed transaction in respect of property referred to in paragraph (a).

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

Applications

• 12 (1) A person that wishes to engage in any activity that is prohibited under these Regulations may, before doing so, apply to the Minister in writing for a certificate to exempt the activity from the application of the Regulations.

• (2) The Minister may issue the certificate if the Security Council of the United Nations did not intend that such an activity be prohibited or if the Security Council of the United Nations or the Committee of the Security Council has approved the activity in advance.

• 13 (1) A person whose property is affected by the application of section 8 may apply to the Minister in writing for a certificate to exempt the property from the application of that section if the property is necessary for basic or extraordinary expenses or is subject to a lien, mortgage or security interest, to a hypothec or prior claim, to a charge or to a judicial, administrative or arbitral decision.

• (2) If it is established in accordance with Resolution 1596 (2005) of April 18, 2005, adopted by the Security Council of the United Nations, that the property is necessary for basic or extraordinary expenses or is subject to a lien, mortgage or security interest, to a hypothec or prior claim, to a charge or to a judicial, administrative or arbitral decision, the Minister must issue a certificate within the following time periods:

  • (a) within 15 working days after receiving the application, in the case of property that is necessary for basic expenses, if the Committee of the Security Council does not oppose the application;

  • (b) within 30 working days after receiving the application, in the case of property that is necessary for extraordinary expenses, if the Committee of the Security Council approves the application; and

  • (c) within 90 days after receiving the application, in the case of property that is subject to a lien, mortgage or security interest, to a hypothec or prior claim, to a charge or to a judicial, administrative or arbitral decision that

    • (i) was created or issued before the person became a person designated by the Committee of the Security Council,

    • (ii) is not for the benefit of a person designated by the Committee of the Security Council, and

    • (iii) has been brought to the attention of the Committee of the Security Council by the Minister.

• 14 (1) A person whose name is the same as or similar to the name of a person designated by the Committee of the Security Council and that claims not to be that person may apply to the Minister in writing for a certificate stating that they are not that person.

• (2) Within 45 days after receiving the application, the Minister must,

  • (a) if it is established that the applicant is not the person designated by the Committee of the Security Council, issue the certificate; or

  • (b) if it is not so established, provide notice to the applicant of his or her determination.