ARCHIVED — Vol. 147, No. 21 — October 9, 2013

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Registration

SOR/2013-159 September 30, 2013

UNITED NATIONS ACT

Regulations Repealing the United Nations Sierra Leone Regulations

P.C. 2013-965 September 27, 2013

Whereas the Security Council of the United Nations, acting under Article 41 of the Charter of the United Nations, adopted resolution 1940 (2010) on September 29, 2010, which terminated the measures set forth in paragraphs 2, 4 and 5 of resolution 1171 (1998);

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), makes the annexed Regulations Repealing the United Nations Sierra Leone Regulations.

REGULATIONS REPEALING THE UNITED NATIONS SIERRA LEONE REGULATIONS

REPEAL

1. The United Nations Sierra Leone Regulations (see footnote 1) are repealed.

COMING INTO FORCE

2. 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.)

1. Background

On October 8, 1997, acting under Chapter VII of the Charter of the United Nations, the United Nations Security Council (UNSC) adopted resolution 1132. This resolution imposed sanctions against Sierra Leone in response to the violence and loss of life and deteriorating humanitarian conditions in that country following the military coup of May 25, 1997. These sanctions included a prohibition on the sale, supply or shipment of arms and related material to Sierra Leone, which could not immediately be implemented under existing Canadian regulations. These measures were therefore implemented in Canada with the adoption on July 28, 1998, of the United Nations Sierra Leone Regulations, enabled by the United Nations Act.

The United Nations (UN) sanctions regime was subsequently modified by the adoption of a number of resolutions, including resolutions 1156 (1998), 1171 (1998), 1306 (2000), and 1446 (2002). The United Nations Sierra Leone Regulations were amended accordingly, on September 21, 2000, and May 11, 2004.

On September 29, 2010, acting again under Chapter VII of the Charter of the United Nations, the UNSC adopted Resolution 1940, which decided “to terminate, with immediate effect, the measures set forth in paragraphs 2, 4 and 5 of resolution 1171 (1998),” in effect abrogating all remaining sanctions against Sierra Leone in recognition of the success achieved in re-establishing peace, security and effective control of the territory by the government in that country.

2. Issue

Section 2 of the United Nations Act enables the Governor in Council to make orders and regulations when Canada is called upon by the United Nations Security Council to implement measures it has decided on in pursuance of Article 41 of the Charter of the United Nations. In UNSC resolution 1940 (2010), the Security Council decided to terminate the Chapter VII measures adopted with respect to Sierra Leone, which are implemented in Canada in the United Nations Sierra Leone Regulations. The United Nations Sierra Leone Regulations are therefore invalid because they no longer meet the legal requirements of the United Nations Act, and must be repealed.

3. Objectives

The purpose of the Regulations Repealing the United Nations Sierra Leone Regulations is to bring Canada in line with its own legislation, which requires an Article 41 decision of the UN Security Council to be in force for implementing regulations under the United Nations Act to be authorized. No such decision has been in force with respect to the United Nations Sierra Leone Regulations since 2010.

These repealing regulations come into force upon their registration, and are to be tabled forthwith before Parliament, as required by section 4 of the United Nations Act.

4. Description

United Nations Security Council resolution 1940 (2010) states that the UNSC “[d]ecides to terminate, with immediate effect, the measures set forth in paragraphs 2, 4 and 5 of resolution 1171 (1998).” The full text of resolution 1940 (2010) is available at www.un.org/en/sc/documents/resolutions/2010.shtml.

The Regulations Repealing the United Nations Sierra Leone Regulations are made pursuant to the United Nations Act in order to repeal the United Nations Sierra Leone Regulations. The export, sale, supply, shipment and carriage by ship or aircraft of arms and related material to Sierra Leone are no longer to be prohibited.

5. Consultation

The Canadian Border Services Agency has been advised and has expressed no concerns. Since this change has the effect of withdrawing restrictions on trade, no other impact is expected on stakeholders.

6. Rationale

With the withdrawal by the United Nations Security Council of remaining international sanctions against Sierra Leone, Canadian legislation requires the repeal of the associated implementing regulations.

7. Contacts

David Kyffin
Desk Officer for Sierra Leone
West and Central Africa Relations Division (GFB)
Department of Foreign Affairs and International Trade
125 Sussex Drive
Ottawa, Ontario
K1A 0G2
Telephone: 613-944-6584
Fax: 613-944-3566
Email: david.kyffin@international.gc.ca

Lesia Stangret
Legal Officer
United Nations, Human Rights and Economic Law Division (JLH)
Department of Foreign Affairs and International Trade
125 Sussex Drive
Ottawa, Ontario
K1A 0G2
Telephone: 613-996-3864
Fax: 613-992-2467
Email: lesia.stangret@international.gc.ca

Hugh Adsett
Deputy Legal Adviser and Director General
Legal Affairs Bureau (JLD)
Department of Foreign Affairs and International Trade
125 Sussex Drive
Ottawa, Ontario
K1A 0G2
Telephone: 613-992-2728
Fax: 613-992-2467
Email: Hugh.Adsett@international.gc.ca