ARCHIVED — Vol. 145, No. 21 — October 12, 2011

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Registration

SOR/2011-198 September 22, 2011

UNITED NATIONS ACT

Regulations Amending the Regulations Implementing the United Nations Resolutions on Libya and Taking Special Economic Measures

P.C. 2011-977 September 22, 2011

Whereas the Security Council of the United Nations, acting under Article 41 of the Charter of the United Nations, adopted Resolution 1970 (2011) on February 26, 2011, Resolution 1973 (2011) on March 17, 2011 and Resolution 2009 (2011) on September 16, 2011;

Whereas it appears to the Governor in Council to be necessary to make regulations for enabling the measures set out in that resolution to be effectively applied;

Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Foreign Affairs, pursuant to section 2 of the United Nations Act (see footnote a), hereby makes the annexed Regulations Amending the Regulations Implementing the United Nations Resolutions on Libya and Taking Special Economic Measures.

REGULATIONS AMENDING THE REGULATIONS
IMPLEMENTING THE UNITED NATIONS
RESOLUTIONS ON LIBYA AND TAKING
SPECIAL ECONOMIC MEASURES

AMENDMENTS

1. The title of the Regulations Implementing the United Nations Resolutions on Libya and Taking Special Economic Measures (see footnote 1) is replaced by the following:

REGULATIONS IMPLEMENTING THE UNITED NATIONS RESOLUTIONS ON LIBYA

2. (1) The portion of the definition “designated person” in section 1 of the Regulations before paragraph (a) is replaced by the following:

“designated person” means a person

(2) Section 1 of the Regulations is amended by adding the following in alphabetical order:

“Security Council Resolution 2009” means Resolution 2009 (2011) of September 16, 2011, adopted by the Security Council of the United Nations. (résolution 2009 du Conseil de sécurité)

3. (1) Subsection 7(1) of the Regulations is repealed.

(2) Section 7 of the Regulations is amended by adding the following after subsection (2):

(3) Paragraphs 7(2)(a) to (c) do not apply to the property of the designated persons referred to in paragraph 15(b) of Security Council Resolution 2009, if that property arrived in Canada after September 16, 2011.

(4) Paragraphs 7(2)(d) and (e) do not apply to the designated persons referred to in paragraph 15(b) of Security Council Resolution 2009.

4. The Regulations are amended by adding the following after section 15:

15.1 (1) Any person may apply to the Minister for a certificate to exempt the property of the designated persons referred to in paragraph 16 of Security Council Resolution 2009 affected by the application of section 7 from the application of that section if the property is to be used for one or more of the following purposes:

  • (a) humanitarian needs;
  • (b) fuel, electricity and water for strictly civilian uses;
  • (c) resuming the production and sale of hydrocarbons by Libya;
  • (d) establishing, operating or strengthening institutions of civilian government and civilian public infrastructure; or
  • (e) facilitating the resumption of banking sector operations, including to support or facilitate international trade with Libya.

(2) The Minister shall issue the certificate within 15 working days after receiving the application, if the Committee of the Security Council did not refuse the release of the property and if the conditions set out in paragraphs 16(b) to (d) of Security Council Resolution 2009 are met.

APPLICATION BEFORE PUBLICATION

5. For the purpose of paragraph 11(2)(a) of the Statutory Instruments Act , these Regulations apply 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.)

Issue and objectives

In response to the fall of the Gaddafi regime, Canada lifted its unilateral sanctions on August 31, 2011, in order to support the Libyan people and the interim government. As a result of the repeal of portions of the Regulations Implementing the United Nations Resolutions on Libya and Taking Special Economic Measures, anomalies arose in the structure and numbering of certain provisions. These anomalies do not affect the validity of the Regulations.

On September 16, 2011, the United Nations Security Council adopted Resolution 2009 (2011), relaxing the sanctions regime imposed against Libya in an effort to support the Libyan people in rebuilding their country and its economy.

Canada is therefore modifying its Regulations in order to comply with Canada’s international obligations under the Charter of the United Nations and resolve the anomalies mentioned above to restore an orderly numbering sequence to the Regulations.

Description and rationale

The Regulations were made to implement a series of measures taken by the United Nations Security Council to ensure that assets frozen pursuant to resolutions 1970 (2011) and 1973 (2011) are made available to and for the benefit of the people of Libya in a transparent and responsible manner in conformity with the needs and wishes of the Libyan people.

The amended Regulations will

  • allow certain property, financial or other related service to be made available to and for the benefit of certain designated persons;
  • allow property of certain designated persons in Canada, as of September 16, 2011, to not be frozen; and
  • allow property to be made available to certain designated persons for specific purposes such as humanitarian needs, and fuel, electricity and water strictly for civilian uses, if all the conditions set out in Resolution 2009 (2011) are met.

All other measures remain in effect.

Consultation

The Department of Foreign Affairs and International Trade drafted the amendments to the Regulations having consulted the Department of Justice. International consultation was not undertaken.

Implementation, enforcement and service standards

Compliance is ensured by the Royal Canadian Mounted Police and the Canada Border Services Agency. Every person who contravenes the Regulations, as amended, is liable, upon conviction, to the punishments set out in section 3 of the United Nations Act.

Contacts

Jeffrey McLaren
Director
Gulf and Maghreb Region
Department of Foreign Affairs and International Trade
125 Sussex Drive
Ottawa, Ontario
K1A 0G2
Telephone: 613-944-1249
Fax: 613-944-7431
Email: jeffrey.mclaren@international.gc.ca

Roland Legault
Deputy Director
United Nations, Human Rights and Economic Law Division (JLH)
Department of Foreign Affairs and International Trade
125 Sussex Drive
Ottawa, Ontario
K1A 0G2
Telephone: 613-944-1599
Fax: 613-992-2467
Email: roland.legault@international.gc.ca

Hugh Adsett
Director
United Nations, Human Rights and Economic Law Division (JLH)
Department of Foreign Affairs and International Trade
125 Sussex Drive
Ottawa, Ontario
K1A 0G2
Telephone: 613-992-6296
Fax: 613-992-2467
Email: hugh.adsett@international.gc.ca

Footnote a
R.S., c. U-2

Footnote 1
SOR/2011-51; SOR/2011-172