Regulations Implementing the United Nations Resolutions and Imposing Special Economic Measures on Libya  (SOR/2011-51)

Marginal note:Certificate — parties to contract

• 13 (1) A person who is a party to a contract or a gratuitous transfer may apply to the Minister in writing for a certificate to exempt property from the application of section 3 to permit them to receive payments or a transfer from a designated person or to permit a designated person to make payments or to carry out the transfer.

• Marginal note:Certificate — time period

  (2) The Minister must issue a certificate within 90 working days after receiving the application and at least 10 working days after advising the Security Council of the intention to issue the certificate, if it is established that

  • (a) the contract was entered into or the transfer carried out prior to any party becoming a designated person; and

  • (b) the payments or transfer are not to be received, directly or indirectly, by a designated person, by a person acting on behalf of, or at the direction of, a designated person or by an entity that is owned, held or controlled, directly or indirectly, by a designated person.

Marginal note:Mistaken identity

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

• Marginal note:Determination by Minister

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

  • (a) if it is established that the applicant is not the designated person, issue the certificate; or

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

Disclosure of Information

Marginal note:Disclosure by official

• 15 (1) An official may, for the purpose of responding to a request from the Security Council, disclose personal information to the Minister.

• Marginal note:Disclosure by Minister

  (2) The Minister may, for the purpose of administering or enforcing these Regulations or fulfilling an obligation under a resolution of the Security Council, disclose personal information to the Security Council.

15.1 [Repealed, SOR/2018-101, s. 2]

Legal Proceedings

Marginal note:Prohibition — legal proceedings

16 No legal proceedings lie in Canada at the instance of the Government of Libya, of any person in Libya, of a designated person, of a person listed under Part 2 or of any person claiming through or acting on behalf of any such person in connection with any contract or other dealing if its performance was prevented in any way by these Regulations.

PART 2Special Economic Measures

List

Marginal note:Listed person

17 A person whose name is listed under this Part is a person in respect of whom the Governor in Council, on the recommendation of the Minister, is satisfied that there are reasonable grounds to believe is

• (a) a person engaged in activities that directly or indirectly facilitate, support, provide funding for or contribute to a violation or attempted violation of the security, stability or territorial integrity of Libya;

• (b) an associate or family member of a person referred to in paragraph (a);

• (c) an entity owned, held or controlled, directly or indirectly, by a person referred to in paragraph (a) or by a person acting on behalf of or at the direction of a person referred to in paragraph (a); or

• (d) a senior official of an entity referred to in paragraph (c).

17.1 [Repealed, SOR/2018-101, s. 2]

17.2 [Repealed, SOR/2018-101, s. 2]

Prohibitions

Marginal note:Prohibited dealings and activities

18 It is prohibited for any person in Canada or any Canadian outside Canada to

• (a) deal in any property, wherever situated, that is owned, held or controlled by a listed person or by a person acting on behalf of a listed person;

• (b) enter into or facilitate any transaction related to a dealing referred to in paragraph (a);

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

• (d) make available any goods, wherever situated, to a listed person or to a person acting on behalf of a listed person; or

• (e) provide any financial or related services to or for the benefit of a listed person.

Applications

Marginal note:Application to remove name from list

• 19 (1) A listed person may apply to the Minister in writing to have their name removed from the list established under this Part.

• Marginal note:Reasonable grounds

  (2) On receipt of an application, the Minister must decide whether there are reasonable grounds to recommend to the Governor in Council that the applicant’s name be removed from the list.

Marginal note:New application

20 If there has been a material change in circumstances since their last application under section 19 was submitted, a listed person may submit another application.

Marginal note:Mistaken identity

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

• Marginal note:Determination by Minister

  (2) Within 30 days after receiving the application, the Minister must,

  • (a) if it is established that the applicant is not the listed person, issue the certificate; or

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

PART 3General Provisions

Prohibited Involvement

Marginal note:Assisting a prohibited activity

22 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, 5 to 9 and 18.

Obligations

Marginal note:Duty to determine

• 23 (1) The following entities must determine on a continuing basis whether they are in possession or control of property that is owned, held or controlled by or on behalf of a designated person:

  • (a) authorized foreign banks, as defined in section 2 of the Bank Act, in respect of their business in Canada or 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 to which the Trust and Loan Companies Act applies;

  • (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.

• Marginal note:Listed person

  (2) Every entity referred to in subsection (1) must also determine on a continuing basis whether they are in possession or control of property that is owned, held or controlled by or on behalf of a listed person.

Marginal note:Duty to disclose — RCMP or CSIS

• 24 (1) Every person in Canada, every Canadian outside Canada and every entity referred to in subsection 23(1) 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 designated person;

  • (b) 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 listed person; and

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

• Marginal note:Immunity

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