Canadian Sanctions Legislation
The imposition of economic sanctions against foreign states and non-state actors is a key tool for the international community to support peace and security and enforce international norms and laws. The Parliament of Canada has enacted legislation authorizing the imposition of trade and economic sanctions through the United Nations Act, the Special Economic Measures Act, the Justice for Victims of Corrupt Foreign Officials Act and some provisions of the Export and Import Permits Act.
United Nations Act
Canada's United Nations Act (UNA) enables the Canadian government to give effect to decisions passed by the United Nations Security Council (UNSC). If the UNSC determines that an act of aggression or a breach of peace has occurred, it may decide what measures member states shall take to restore or maintain international peace and security. These measures are generally economic and trade sanctions. Such a decision imposes a legal obligation on Canada as a UN member to introduce the required measures into domestic law. This is done by enacting regulations under the United Nations Act.
Non-UN sanctions are imposed by enacting regulations under the legislation found below.
Regulations enacted under UNA apply to the following countries:
Special Economic Measures Act
In order to maximize the effectiveness of a sanctions regime, Canadian policy seeks to ensure, whenever possible, that sanctions are applied multilaterally. Absent a UNSC resolution, the Special Economic Measures Act (SEMA) allows Canada to impose sanctions in one of the following situations:
- where an international organization to which Canada belongs calls on its members to take economic measures against a foreign state;
- where a grave breach of international peace and security has occurred and is likely to result in a serious international crisis;
- where gross and systematic human rights violations have been committed in a foreign state; or
- where a national of a foreign state, who is either a foreign public official or an associate of such an official, is responsible for or complicit in acts of significant corruption.
Regulations enacted under SEMA apply to the following countries:
Justice for Victims of Corrupt Foreign Officials Act
The Justice for Victims of Corrupt Foreign Officials Act came into force on October 18, 2017. The Act allows Canada to impose an asset freeze and a dealings prohibition against individuals who, in the opinion of the Governor in Council, are responsible for or complicit in gross violations of internationally-recognized human rights or are foreign public officials, or their associates, who are responsible for or complicit in acts of significant corruption. Please visit the Justice for Victims of Corrupt Foreign Officials Act page, for more information.
Regulations enacted under the Justice for Victims of Corrupt Foreign Officials Act:
Disclosure and Reporting Requirements
The United Nations Act, Special Economic Measures Act and the Justice for Victims of Corrupt Foreign Officials Act require persons in Canada and Canadians outside Canada to disclose and report certain holdings and activities, specifically in relation to provisions that freeze the financial assets of targeted individuals and entities. Send the information by fax to RCMP Federal Policing Criminal Operations: 613-825-7030.
The obligations of persons in Canada (individuals and entities), and Canadians outside Canada, are set out in the various regulations made under the United Nations Act, Special Economic Measures Act, and Justice for Victims of Corrupt Foreign Officials Act. The Royal Canadian Mounted Police and the Canada Border Services Agency enforce these statutes and regulations.
Related Canadian Legislation
Criminal Code: The listing of terrorist entities under the Criminal Code enables Canada to apply appropriate criminal measures to entities, including those not necessarily listed by the United Nations Al-Qaida and Taliban Regulations or the United Nations Resolutions on the Suppression of Terrorism.
Export and Import Permits Act: Regulations enacted under the Export and Import Permits Act provide Canada an additional mechanism for restricting trade with a sanctioned country. Notably, exports to any country added to the act’s Area Control List are banned.
Freezing Assets of Corrupt Foreign Officials Act: Under the Freezing Assets of Corrupt Foreign Officials Act (FACFOA), Canada may acquiesce to a demand by a country in turmoil to freeze the assets or restrain the property of certain of its government officials or politicians. Unlike sanctions, which are generally punitive, FACFOA restrictions are a form of assistance that Canada provides to the requesting country.
Immigration and Refugee Protection Act: Travel bans are authorized under the Immigration and Refugee Protection Act.
- Export and Import Permits Act
- Freezing Assets of Corrupt Foreign Officials Act
- Immigration and Refugee Protection Act
- Justice for Victims of Corrupt Foreign Officials Act
- Listed Terrorist Entities
- Special Economic Measures Act
- United Nations Act
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