SPECIAL ECONOMIC MEASURES ACTSpecial Economic Measures (Haiti) RegulationsP.C.2022-1190202211
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Whereas the Governor in Council is of the opinion that the situation in the Republic of Haiti constitutes a grave breach of international peace and security that has resulted or is likely to result in a serious international crisis;Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Foreign Affairs, makes the annexed Special Economic Measures (Haiti) Regulations under subsections 4(1)a, (1.1)b, (2)c and (3) of the Special Economic Measures Actd.S.C. 2022, c. 10, s. 438(1)S.C. 2017, c. 21, s. 17(2)S.C. 2022, c. 10, s. 438(2)S.C. 1992, c. 17DefinitionsDefinitionsThe following definitions apply in these Regulations.Haiti means the Republic of Haiti and includesany of its political subdivisions;its government, any of its departments and any government and department of its political subdivisions; andany of its agencies and any agency of its political subdivisions. (Haïti)Minister means the Minister of Foreign Affairs. (ministre)ListListed personA person whose name is listed in the schedule is a person who is in Haiti, or is or was a national of Haiti who does not ordinarily reside in Canada, and in respect of whom the Governor in Council, on the recommendation of the Minister, is satisfied that there are reasonable grounds to believe isa person engaged in activities that directly or indirectly undermine the peace, security and stability of Haiti;a person who has participated in gross and systematic human rights violations in Haiti;a current or former senior official of the Government of Haiti;an associate of a person referred to in any of paragraphs (a) to (b);a family member of a person referred to in any of paragraphs (a) to (c) and (g);an entity owned — or held or controlled, directly or indirectly — by a person referred to in any of paragraphs (a) to (d);an entity owned — or held or controlled, directly or indirectly — by Haiti; ora senior official of an entity referred to in paragraph (e) or (f).SOR/2023-143, s. 1SOR/2023-175, s. 11ProhibitionsProhibited dealings and activitiesIt is prohibited for any person in Canada and any Canadian outside Canada todeal in any property, wherever situated, that is owned — or that is held or controlled, directly or indirectly — by a listed person;enter into or facilitate any transaction related to a dealing referred to in paragraph (a);provide any financial or related services in respect of a dealing referred to in paragraph (a);make available any goods, wherever situated, to a listed person or to a person acting on behalf of a listed person; orprovide any financial or related services to or for the benefit of a listed person.Non-applicationSection 3 does not apply in respect ofany payment made by or on behalf of a listed person that is due under a contract that the listed person entered into before they became a listed person, provided that the payment is not made to a listed person or to a person acting on behalf of a listed person;any transaction necessary for a Canadian to transfer to a non-listed person any accounts, funds or investments of a Canadian held by a listed person on the day on which that person became a listed person;any dealings with a listed person required with respect to loan repayments made to any person in Canada, or any Canadian outside Canada, for loans entered into with any person other than a listed person, and for enforcement and realization of security in respect of those loans or payments by guarantors guaranteeing those loans;any dealings with a listed person required with respect to loan repayments made to any person in Canada, or any Canadian outside Canada, for loans entered into with that listed person before they became a listed person, and for enforcement and realization of security in respect of those loans or payments by guarantors guaranteeing those loans;any benefit paid under the Old Age Security Act, the Canada Pension Plan or the Act respecting the Québec Pension Plan, CQLR, c. R-9, any superannuation, pension or benefit paid under or in respect of any retirement savings plan or under any retirement plan, any amount paid under or in respect of the Garnishment, Attachment and Pension Diversion Act or the Pension Benefits Division Act and any other payment made in respect of disability to any person in Canada or any Canadian outside Canada;financial services necessary in order for a listed person to obtain legal services in Canada with respect to the application of any of the prohibitions set out in these Regulations;any transaction in respect of any account at a financial institution held by a diplomatic mission, if the transaction is necessary in order for the mission to fulfill its diplomatic functions as set out in Article 3 of the Vienna Convention on Diplomatic Relations or, if the diplomatic mission has been temporarily or permanently recalled, when the transaction is necessary in order to maintain the mission premises;any transaction with any international organization with diplomatic status, with any United Nations agency, with the International Red Cross and Red Crescent Movement or with any entity that has entered into a grant or contribution agreement with the Department of Foreign Affairs, Trade and Development; anda transaction by the Government of Canada that is provided for in any agreement or arrangement between Canada and Haiti.Assisting in prohibited activityIt is prohibited for any person in Canada and 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 section 3.Duty to determineThe following entities must determine on a continuing basis whether they are in possession or control of property that is owned — or that is held or controlled, directly or indirectly — by a listed person:banks regulated by the Bank Act and, in respect of their business in Canada, authorized foreign banks as defined in section 2 of that Act;cooperative credit societies, savings and credit unions and caisses populaires regulated by a provincial Act and associations regulated by the Cooperative Credit Associations Act;foreign companies, as defined in subsection 2(1) of the Insurance Companies Act, in respect of their insurance business in Canada;companies, provincial companies and societies, as those terms are defined in subsection 2(1) of the Insurance Companies Act;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;companies regulated by the Trust and Loan Companies Act;trust companies regulated by a provincial Act;loan companies regulated by a provincial Act;entities that engage in any business described in paragraph 5(h) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act if the business involves the opening of an account for a client; andentities authorized under provincial legislation to engage in the business of dealing in securities or to provide portfolio management or investment counselling services.Duty to discloseEvery person in Canada, every Canadian outside Canada and every entity set out in section 6 must disclose without delay to the Commissioner of the Royal Canadian Mounted Police or to the Director of the Canadian Security Intelligence Servicethe existence of property in their possession or control that they have reason to believe is owned — or that is held or controlled, directly or indirectly — by a listed person; andany information about a transaction or proposed transaction in respect of property referred to in paragraph (a).ImmunityNo proceedings under the Special Economic Measures Act and no civil proceedings lie against a person for a disclosure made in good faith under subsection (1).ApplicationsRemoval from listA listed person may apply to the Minister in writing to have their name removed from the schedule.Reasonable groundsOn receipt of an application, the Minister must decide whether there are reasonable grounds to recommend the removal to the Governor in Council.New applicationIf there has been a material change in circumstances since the last application was submitted, a listed person may submit another application under section 8.Mistaken identityA person whose name is the same as or similar to the name of a listed person and who claims not to be that person may apply to the Minister in writing for a certificate stating that they are not that listed person.Determination by MinisterWithin 30 days after the day on which the Minister receives the application, the Minister must,if it is established that the applicant is not the listed person, issue the certificate; orif it is not so established, provide notice to the applicant of the determination.Application Before PublicationApplicationFor the purpose of paragraph 11(2)(a) of the Statutory Instruments Act, these Regulations apply according to their terms before they are published in the Canada Gazette.Coming into ForceRegistrationThese Regulations come into force on the day on which they are registered.(Section 2 and subsection 8(1))PersonsIndividuals — Grave Breach of International Peace and SecurityYouri Latortue (born on November 13, 1967)Joseph Lambert (born on February 5, 1961)Rony CélestinMichel Joseph Martelly (born on February 12, 1961)Laurent Salvador Lamothe (born on August 14, 1972)Hervé FourcandGary BodeauJean-Henry Céant (born on September 27, 1956)Gilbert Bigio (born in 1935)Reynold DeebSherif Abdallah (born on August 18, 1958)Individuals — Acts of Significant CorruptionBerto DorcéLiszt QuitelArnel BélizaireCharles Saint-RémyJocelerme Privert (born on February 1, 1953)Salim Succar (born on December 31, 1970)Nenel Cassy (born on September 20, 1972)Steeve Khawly (born on January 27, 1967)Gracia Delva (born on June 9, 1972)Prophane VictorCarl BraunJean Marie VorbeMarc Antoine AcraIndividuals — Gross Human Rights ViolationsJoseph Wilson (born on February 28, 1993) (also known as Lanmo Sanjou)Vitel’homme Innocent (born on March 27, 1986)Johnson André (also known as Izo)André Apaid (born in 1952)SOR/2022-231, s. 1SOR/2022-258, s. 1SOR/2022-280, s. 1SOR/2022-280, s. 2SOR/2022-280, s. 3SOR/2023-6, s. 1SOR/2023-25, s. 1SOR/2023-56, s. 1SOR/2023-126, s. 1SOR/2023-143, s. 2SOR/2023-192, s. 1RELATED PROVISIONS
— SOR/2022-231, s. 2For the purpose of paragraph 11(2)(a) of the Statutory Instruments Act, these Regulations apply according to their terms before they are published in the Canada Gazette.
— SOR/2022-258, s. 2For the purpose of paragraph 11(2)(a) of the Statutory Instruments Act, these Regulations apply according to their terms before they are published in the Canada Gazette.
— SOR/2022-280, s. 4For the purpose of paragraph 11(2)(a) of the Statutory Instruments Act, these Regulations apply according to their terms before they are published in the Canada Gazette.
— SOR/2023-6, s. 2For the purpose of paragraph 11(2)(a) of the Statutory Instruments Act, these Regulations apply according to their terms before they are published in the Canada Gazette.
— SOR/2023-25, s. 2For the purpose of paragraph 11(2)(a) of the Statutory Instruments Act, these Regulations apply according to their terms before they are published in the Canada Gazette.
— SOR/2023-56, s. 2For the purpose of paragraph 11(2)(a) of the Statutory Instruments Act, these Regulations apply according to their terms before they are published in the Canada Gazette.
— SOR/2023-126, s. 2For the purpose of paragraph 11(2)(a) of the Statutory Instruments Act, these Regulations apply according to their terms before they are published in the Canada Gazette.
— SOR/2023-143, s. 3For the purpose of paragraph 11(2)(a) of the Statutory Instruments Act, these Regulations apply according to their terms before they are published in the Canada Gazette.
— SOR/2023-192, s. 2For the purpose of paragraph 11(2)(a) of the Statutory Instruments Act, these Regulations apply according to their terms before they are published in the Canada Gazette.SOR/2023-1922023-09-20SOR/2023-1752023-08-04SOR/2023-1432023-06-21SOR/2023-1262023-06-13SOR/2023-562023-03-23SOR/2023-252023-02-15SOR/2023-62023-01-12SOR/2022-2802022-12-15SOR/2022-2582022-12-02SOR/2022-2312022-11-17