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Regulations Amending the Regulations Establishing a List of Entities: SOR/2021-8

Canada Gazette ,

Part II, Volume 155, Extra Number 2

Registration

SOR/2021-8 February 3, 2021

CRIMINAL CODE

P.C. 2021-31 February 2, 2021

Whereas, the Administrator in Council, on the recommendation of the Minister of Public Safety and Emergency Preparedness, is satisfied that there are reasonable grounds to believe that each entity listed in the annexed Regulations Amending the Regulations Establishing a List of Entities has knowingly carried out, attempted to carry out, participated in or facilitated a terrorist activity or has knowingly acted on behalf of, at the direction of or in association with such an entity;

footnote a of the Criminal Code

footnote b , makes the annexed Regulations Amending the Regulations Establishing a List of Entities .

Regulations Amending the Regulations Establishing a List of Entities

Amendment

Section 1 of the Regulations Establishing a List of Entities

footnote 1 is amended by adding the following at the end of that section:

Ansar Dine (also known among other names as Ansar al-Dine, Ansar al-Din, Ancar Dine, Ansar ul-Din, Ansar Eddine, Defenders of the Faith, Jum’a Ansar al-din al-salafiya, Harakat Ansar al-Dine, Harakat Ansar al-Din, Ansar Din, Ansar ed dine, Ansar Dine Sud and Ansar Dine katiba (brigade) Khalid Ibn al-Walid)

Atomwaffen Division (also known among other names as AWD, National Socialist Order and NSO)

The Base

Front de Libération du Macina (also known among other names as FLM, Macina Liberation Front, Massina Liberation Front, Katiba Massina, Massina Brigade, Macina Brigade, Katiba Macina, Katibat Macina, Ansar Dine Macina, Harakat Ansar al-Din Macina Brigade, Ansar al-Din South, Macina Batallion, Macina Liberation Movement, La Force de Libération du Macina , ML Movement, Massina Liberation Movement, Ansar al-Din Macina Brigade, Katibat Macina – Ansar Dine, Ansar al-Din Macina, MLF and MLM)

Hizbul Mujahideen (also known among other names as HM and Hizb-ul-Mujahideen)

Islamic State – Bangladesh (also known as Daesh — Bangladesh)

Islamic State East Asia (also known among other names as ISEA, Daesh’s East Asia Province, Islamic State-Philippines, Ansharul Khilafah Philippines, Bangsamoro Islamic Freedom Fighters – Bungos, Bangsamoro Islamic Freedom Fighters – Abubakar, Jama’atu al-Muhajirin wal Ansar fil Filibin, Dawlah Islamiyah, Islamic State Lanao, Maute Group, Islamic State Ranao, Dawlatul Islamiyah Waliyatul Masrik and Islamic State Sunrise Province)

Islamic State in the Greater Sahara (also known among other names as ISGS, Daesh in the Greater Sahara, ISIS in the Greater Sahara, Islamic State of the Greater Sahel, ISIS in the Greater Sahel, ISIS in the Islamic Sahel and ISIS-GS)

Islamic State in Libya (also known among other names as Daesh in Libya, IS-Libya, Islamic State – Libya, Islamic State of Iraq and the Levant-Libya, Islamic State of Iraq and al-Sham – Libya, Islamic State of Iraq and Syria – Libya, Wilayat Barqa, Wilayat Barqah, Wilayat Fezzan, Wilayat Tripolitania, Wilayat Tarablus, Wilayat al-Tarabulus, Tripoli Province, Barqa Province, Barqah Province and Fezzan Province)

Islamic State West Africa Province (also known among other names as ISWAP, Daesh’s West Africa Province, ISIS-West Africa, ISIS West Africa, ISIS West Africa Province, Islamic State of Iraq and Syria West Africa Province, Islamic State of Iraq and the Levant-West Africa, West Africa Province, Wilayat Gharb Afriqiyya, Wilayat Gharb Afriqiyah, Islamic State in West Africa, ISIS-WA and ISIL-WA)

Jama’at Nusrat Al-Islam Wal-Muslimin (also known among other names as JNIM, Jama’at Nusrat al-Islam wal Muslimeen, Jama’at Nusrat al-Islam wal Muslimin, Nusrat al-Islam wal Muslimeen, Nusrat al-Islam wal Muslimin, Jama’ah Nusrah al-Islam wal-Muslimin, Jamaat Nosrat al-Islam wal-Mouslimin, Jama’a Nusrah al-Islam wa al-Muslimin, Islam and Muslims’ Support Group, Group for Support of Islam and Muslims, Group to Support Islam and Muslims, Group of Support for Islam and All Muslims, Group for Supporting Islam and Muslims, Groupe de soutien à l’islam et aux musulmans , Union for Supporting Islam and Muslims, NIM, GSIM, GNIM, Rassemblement pour la victoire de l’islam et des fidèles and RVIF)

Russian Imperial Movement (also known among other names as RIM, Russkoie Imperskoe Dvizhenie, Russkoe Imperskoye Dvizheniye, RID, Imperial Legion, Russian Imperial Legion, RIL and Saint Petersburg Imperial Legion)

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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 .)

Issues

Background

An entity is defined in the Criminal Code as a person, group, trust, partnership or fund or an unincorporated association or organization. A listed entity is included in the definition of terrorist group in the C riminal Code so offences applicable to terrorist groups apply to these entities. However, unlike terrorist groups that are not listed, a prosecution related to a listed entity does not require the Crown to demonstrate that the entity has, as one of its purposes or activities, facilitated or carried out a terrorist activity.

The Criminal Code makes it an offence, among others, to knowingly

participate in or contribute to, directly or indirectly, any activity of a terrorist group for the purpose of enhancing the ability of any terrorist group to facilitate or carry out a terrorist activity; or

instruct, directly or indirectly, any person to carry out any activity for the benefit of, at the direction of or in association with a terrorist group for the purpose of enhancing the ability of any terrorist group to facilitate or carry out a terrorist activity.

The Criminal Code provides for a thorough and fair mechanism for reviewing the listing of an entity. A listed entity may apply to the Minister requesting that it no longer be a listed entity. In such cases, the Minister would determine whether there are reasonable grounds to recommend to the Governor in Council that the applicant no longer be a listed entity. The entity may have the decision reviewed by the Federal Court.

Objective

The listing of an entity under the Regulations means that the entity’s property can be the subject of seizure/restraint and/or forfeiture. In addition, institutions, such as banks and brokerages, are subject to reporting requirements with respect to an entity’s property and must not allow those entities to access the property nor may these institutions deal with or otherwise dispose of the property.

Description

The Regulations Amending the Regulations Establishing a List of Entities add the following thirteen entities to the prescribed list found in

section 1 of the Regulations:

Ansar Dine (also known among other names as Ansar al-Dine, Ansar al-Din, Ancar Dine, Ansar ul-Din, Ansar Eddine, Defenders of the Faith, Jum’a Ansar al-din al-salafiya, Harakat Ansar al-Dine, Harakat Ansar al-Din, Ansar Din, Ansar ed dine, Ansar Dine Sud and Ansar Dine katiba (brigade) Khalid Ibn al-Walid)

Atomwaffen Division (also known among other names as AWD, National Socialist Order and NSO)

The Base

Front de Libération du Macina (also known among other names as FLM, Macina Liberation Front, Massina Liberation Front, Katiba Massina, Massina Brigade, Macina Brigade, Katiba Macina, Katibat Macina, Ansar Dine Macina, Harakat Ansar al-Din Macina Brigade, Ansar al-Din South, Macina Batallion, Macina Liberation Movement, La Force de Libération du Macina, ML Movement, Massina Liberation Movement, Ansar al-Din Macina Brigade, Katibat Macina – Ansar Dine, Ansar al-Din Macina, MLF and MLM)

Hizbul Mujahideen (also known among other names as HM and Hizb-ul-Mujahideen)

Islamic State – Bangladesh (also known as Daesh — Bangladesh)

Islamic State East Asia (also known among other names as ISEA, Daesh’s East Asia Province, Islamic State-Philippines, Ansharul Khilafah Philippines, Bangsamoro Islamic Freedom Fighters – Bungos, Bangsamoro Islamic Freedom Fighters – Abubakar, Jama’atu al-Muhajirin wal Ansar fil Filibin, Dawlah Islamiyah, Islamic State Lanao, Maute Group, Islamic State Ranao, Dawlatul Islamiyah Waliyatul Masrik and Islamic State Sunrise Province)

Islamic State in the Greater Sahara (also known among other names as ISGS, Daesh in the Greater Sahara, ISIS in the Greater Sahara, Islamic State of the Greater Sahel, ISIS in the Greater Sahel, ISIS in the Islamic Sahel and ISIS-GS)

Islamic State in Libya (also known among other names as Daesh in Libya, IS-Libya, Islamic State – Libya, Islamic State of Iraq and the Levant-Libya, Islamic State of Iraq and al-Sham – Libya, Islamic State of Iraq and Syria – Libya, Wilayat Barqa, Wilayat Barqah, Wilayat Fezzan, Wilayat Tripolitania, Wilayat Tarablus, Wilayat al-Tarabulus, Tripoli Province, Barqa Province, Barqah Province and Fezzan Province)

Islamic State West Africa Province (also known among other names as ISWAP, Daesh’s West Africa Province, ISIS-West Africa, ISIS West Africa, ISIS West Africa Province, Islamic State of Iraq and Syria West Africa Province, Islamic State of Iraq and the Levant-West Africa, West Africa Province, Wilayat Gharb Afriqiyya, Wilayat Gharb Afriqiyah, Islamic State in West Africa, ISIS-WA and ISIL-WA)

Jama’at Nusrat Al-Islam Wal-Muslimin (also known among other names as JNIM, Jama’at Nusrat al-Islam wal Muslimeen, Jama’at Nusrat al-Islam wal Muslimin, Nusrat al-Islam wal Muslimeen, Nusrat al-Islam wal Muslimin, Jama’ah Nusrah al-Islam wal-Muslimin, Jamaat Nosrat al-Islam wal-Mouslimin, Jama’a Nusrah al-Islam wa al-Muslimin, Islam and Muslims’ Support Group, Group for Support of Islam and Muslims, Group to Support Islam and Muslims, Group of Support for Islam and All Muslims, Group for Supporting Islam and Muslims, Groupe de soutien à l’islam et aux musulmans, Union for Supporting Islam and Muslims, NIM, GSIM, GNIM, Rassemblement pour la victoire de l’islam et des fidèles and RVIF)

Russian Imperial Movement (also known among other names as RIM, Russkoie Imperskoe Dvizhenie, Russkoe Imperskoye Dvizheniye, RID, Imperial Legion, Russian Imperial Legion, RIL and Saint Petersburg Imperial Legion)

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Regulatory development

Consultation

No public consultation was undertaken in association with these amendments to the Regulations.

An exemption from prepublication was sought for this instrument. This was required for the amendments to the Regulations in order to ensure the entities did not have an opportunity to disperse their finances in advance of their assets being frozen as a result of listing.

Modern treaty obligations and Indigenous engagement and consultation

As required by the 2015 Cabinet Directive on the Federal Approach to Modern Treaty Implementation , an assessment of modern treaty implications was conducted for the amendments to the Regulations. It was determined that this initiative has no modern treaty implications for Canada.

Instrument choice

The Regulations Establishing a List of Entities establish a list of terrorist entities. The terrorist listings program is intentionally built around the utilization of the Regulations, which facilitates the prosecution of perpetrators and supporters of terrorism and plays a key role in countering terrorist financing.

Regulatory analysis

Benefits and costs

These amendments create a minor increase in the probability that a financial institution or brokerage may incur reporting costs and take actions to ensure proper treatment of listed entities’ properties. These costs are considered to be minimal.

Amendments made to the list are necessary to ensure Canada continues to maintain a strong counter-terrorism posture and serves to assure our allies that Canada actively responds to terrorist developments abroad. In addition, the listing of an entity is a means to inform Canadians of the Government’s position with regard to a particular entity.

Small business lens

The small business lens does not apply, as there are no associated impacts on small businesses.

One-for-one rule

The one-for-one rule applies to these amendments to the Regulations, as they are expected to result in minimal increases in administrative costs to business (because of the reporting requirements). However, the amendments to the Regulations address a unique circumstance, and serve to protect the security of Canadians, and are therefore exempt from the requirement to offset the administrative burden increases under the one-for-one rule.

Regulatory cooperation and alignment

The listing of entities under the Criminal Code enhances Canada’s national security, strengthens the Government’s ability to take action against terrorists and gives effect to international obligations including the implementation of the United Nations International Convention for the Suppression of the Financing of Terrorism and United Nations Security Council resolution 1373.

Strategic environmental assessment

In accordance with the Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals , a preliminary scan concluded that the amendments would not result in positive or negative environmental impacts; therefore, a strategic environmental assessment is not required.

Gender-based analysis plus

A review of the terrorist listings program found that the membership of the majority of entities listed under

section 83.05 of Canada’s Criminal Code consist predominately of men, and that nearly half of Canada’s listed entities seek the establishment of an Islamic Caliphate which propagates Sharia law. However, Public Safety’s 2016 Public Report on the Terrorist Threat to Canada notes that women constitute 20% of total extremist travellers from Canada.

In accordance with the intersectional model of gender-based analysis plus (GBA+), the role of geography must also be considered as an additional identity factor. From a geopolitical perspective, terrorist networks tend to establish footholds in countries with weaker governance systems and fragile judicial frameworks. There is a prevalence of such conditions in areas of the Middle East, North Africa and South Asia. A majority of Canada’s listed entities are located in these regions.

In the case of ideologically motivated violent extremism (IMVE), extremist ideology is mobilized to recruit members, spurring the “othering” of minority and non-binary gender groups. Despite being male dominated, women who hold IMVE views can play an active

part in these organizations, as with other forms of extremism.

These gender and geographic findings of the listings program are reflective of the male-controlled structure of terrorist groups and their religious affiliations. Following a GBA+ analysis, it was found that the listings are not expected to have any additional impacts on diverse groups or the population in Canada. Consequences of listing apply equally to all individuals and organizations, regardless of gender. Public Safety Canada officials consult with a number of federal partner organizations (departments and agencies) to identify entities for listing that align with strategic priorities, Canada’s domestic needs, and international considerations.

Implementation, compliance and enforcement, and service standards

Compliance is ensured by criminal law sanctions. For instance, everyone who knowingly participates in or contributes to any activity of a terrorist group for the purpose of enhancing the ability of any terrorist group to facilitate or carry out a terrorist activity is guilty of an indictable offence and liable to imprisonment. The definition of terrorist group includes a listed entity.

Listing a terrorist entity sets in motion requirements for reporting suspicious terrorist financing transactions and requires anyone to disclose to the Royal Canadian Mounted Police and the Canadian Security Intelligence Service the existence of any property in his or her possession or control that he or she knows is owned or controlled by or on behalf of a terrorist group.

In addition, bodies that are subject to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act must also report the information to the Financial Transactions and Reports Analysis Centre of Canada. The costs to banks, financial institutions, and individuals in meeting these requirements are not significant due in large part to the existence of electronic banking systems; however, there are significant benefits associated with the Regulations for the security of Canada and Canadians.

Public Safety Canada

269 Laurier Avenue West

Ottawa, Ontario

K1A 0P8

Telephone: 613‑944‑4875 or 1‑800‑830‑3118

Footnotes

Footnote a

S.C. 2019, c. 13, s. 141(1)

Return to footnote a referrer

Footnote b

R.S., c. C-46

Return to footnote b referrer

Footnote 1

SOR/2002-284

Return to footnote 1 referrer