Bills 44th Parliament, 1st session November 22, 2021, to present

[...] First Session, Forty-fourth Parliament, 70-71 Elizabeth II, 2021-2022 SENATE OF CANADA BILL S-247 An Act to amend the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) FIRST READING, May 31, 2022 THE HONOURABLE SENATOR HOUSAKOS 4412129 SUMMARY This enactment amends the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) to, among other things, (a) allow the Governor in Council to restrict or prohibit certain activities in relation to family members of foreign nationals who are responsible for gross violations of internationally recognized human rights; (b) allow the Governor in Council to order the seizure, freezing or sequestration of the property of such family members if the Governor in Council has reason to believe that the property has been given to them to impede the enforcement of the Act; (c) allow the Governor in Council to order certain entities to provide information necessary for the enforcement of the Act; (d)

[...] Available on the Senate of Canada website at the following address: www.sencanada.ca/en 1st Session, 44th Parliament, 70-71 Elizabeth II, 2021-2022 SENATE OF CANADA BILL S-247 An Act to amend the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 2017, c. 21Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law)1 The Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) is amended by replacing paragraphs 4(1)‍(a) and (b) with the following: (a) make any orders or regulations with respect to the restriction or prohibition of any of the activities referred to in subsection (3) in relation to a foreign national Insertion start or a family member of the foreign national Insertion end that the Governor in Council considers necessary; (b) by order, cause to be seized, frozen

[...] First Session, Forty-fourth Parliament, 70-71 Elizabeth II – 1 Charles III, 2021-2022-2023 HOUSE OF COMMONS OF CANADA BILL C-281 An Act to amend the Department of Foreign Affairs, Trade and Development Act, the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law), the Broadcasting Act and the Prohibiting Cluster Munitions Act AS PASSED BY THE HOUSE OF COMMONS June 7, 2023 441170 SUMMARY This enactment amends the Department of Foreign Affairs, Trade and Development Act to impose certain requirements on the Minister of Foreign Affairs in relation to international human rights.

[...] It also amends the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) to require the Minister of Foreign Affairs to respond to a report submitted by a parliamentary committee that recommends that sanctions be imposed under that Act against a foreign national.

[...] In addition, this enactment amends the Broadcasting Act to prohibit the issue or renewal of a licence in relation to a broadcasting undertaking that is vulnerable to being significantly influenced by a foreign national or entity that has committed acts or omissions that theSenate or the House of Commons has recognized as genocide or that is subject to sanctions under the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) or under the Special Economic Measures Act.‍

[...] Available on the House of Commons website at the following address: www.ourcommons.ca 1st Session, 44th Parliament, 70-71 Elizabeth II – 1 Charles III, 2021-2022-2023 HOUSE OF COMMONS OF CANADA BILL C-281 An Act to amend the Department of Foreign Affairs, Trade and Development Act, the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law), the Broadcasting Act and the Prohibiting Cluster Munitions Act His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:Short TitleShort title 1 This Act may be cited as the International Human Rights Act. 2013, c. 33, s. 174Department of Foreign Affairs, Tradeand Development Act2 Section 10 of the Department of Foreign Affairs, Trade and Development Act is amended by adding the following after subsection (3): Human rights(4) In exercising his or her powers, duties and functions under this Act in respect of the conduct of the external affairs of Canada, the Minister

[...] Magnitsky Law)3 The Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) is amended by adding the following after section 5: Response to recommendation of committee5.‍1 (1) If a motion adopted by a committee of the Senate, of the House of Commons or of both Houses of Parliament recommends that an order or regulation be considered or made under section 4 in relation to a foreign national, the Minister must prepare a response advising the committee whether or not the order or regulation has been made and setting out the reasons for the decision.

[...] First Session, Forty-fourth Parliament, 70 Elizabeth II, 2021 SENATE OF CANADA BILL S-217 An Act respecting the repurposing of certain seized, frozen or sequestrated assets FIRST READING, November 24, 2021 THE HONOURABLE SENATOR Omidvar 4411749 Summary This enactment provides for the reporting and disposition of assets seized, frozen or sequestrated under the Special Economic Measures Act, the Freezing Assets of Corrupt Foreign Officials Act and the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law).

[...] Available on the Senate of Canada website at the following address: www.sencanada.ca/en 1st Session, 44th Parliament, 70 Elizabeth II, 2021 SENATE OF CANADA BILL S-217 An Act respecting the repurposing of certain seized, frozen or sequestrated assets Preamble Whereas the number of forcibly displaced persons in the world is greater today than ever before; Whereas their displacement is frequently the result of bad governance that has led to violence, armed conflict or persecution; Whereas those responsible for that bad governance have often unlawfully enriched themselves through corrupt practices and then placed the illicit proceeds as assets in other jurisdictions, including Canada; Whereas Canada, upon becoming aware of the presence of those assets, has ordered them frozen in order to deprive corrupt officials of the benefit thereof; Whereas Parliament enacted the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) to

[...] provide for the taking of restrictive measures, including freezing the assets of those corrupt officials in Canada, in respect of foreign nationals responsible for gross violations of internationally recognized human rights; Whereas Parliament wishes to build on the foundation created by the Sergei Magnitsky Law by establishing a method that is consistent with due process and transparency and bywhich those frozen assets can be repurposed for the benefit of the forcibly displaced and the communitiesthat are hosting them; And whereas Parliament’s dual objectives are to achieve a measure of accountability and to make additional resources available for the benefit of the forcibly displaced; Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:Short TitleShort title 1 This Act may be cited as the Frozen Assets Repurposing Act.InterpretationDefinitions 2 The following definitions apply in this Act.

[...] (État étranger) frozen asset means any property that the Governor in Council caused to be seized, frozen or sequestrated by order under (a) paragraph 4(1)‍(b) of the Special Economic Measures Act; (b) paragraph 4(1)‍(b) of the Freezing Assets of Corrupt Foreign Officials Act; or (c) paragraph 4(1)‍(b) of the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law).

[...] (bien bloqué )Purpose 3 The purpose of this Act is to establish a regime by which certain property related to international human rights abuses that is seized, frozen or sequestrated under Canadian law may be repurposed.Frozen AssetsRegistry 4 Despite any other Act of Parliament, the Minister of Foreign Affairs must publish, in a registry accessible to the public and available on a website maintained by or for the Minister, (a) the name of any person or entity associated with a frozen asset; and (b) the value of the frozen asset.Order 5 (1) On application of the Attorney General or of any other person with the written consent of the Attorney General, a judge or justice of the superior court of the province in which a frozen asset is located may, despite any order made under a provision referred to in paragraphs (a) to (c) of the definition frozen asset, (a) order that the frozen asset be paid into court; (b) order that the frozen asset be sold and that the proceeds from the sale

[...] Bezan 441199 SUMMARY This enactment amends the Special Economic Measures Act to change that Act’s long title to “An Act to provide for the imposition of economic measures against a person, an entity or a foreign state for grave breaches of international peace and security, gross and systematic human rights violations or acts of significant corruption” and its short title to the “Sergei Magnitsky Global Sanctions Act”.

[...] Available on the House of Commons website at the following address: www.ourcommons.ca 1st Session, 44th Parliament, 70-71 Elizabeth II – 1 Charles III, 2021-2022-2023 HOUSE OF COMMONS OF CANADA BILL C-324 An Act to amend the Special Economic Measures Act His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1992, c. 17Special Economic Measures ActAmendments to the Act1 The long title of the Special Economic Measures Act is replaced by the following: An Act to provide for the imposition of economic measures against a person, an entity or a foreign state for grave breaches of international peace and security, gross and systematic human rights violations or acts of significant corruption2 Section 1 of the Act is replaced by the following:Short title 1 This Act may be cited as the Insertion start Sergei Magnitsky Global Sanctions Act Insertion end .TerminologyReplacement of “Special Economic Measures Act” in other Acts3

[...] Every reference to the “Special Economic Measures Act” is replaced by a reference to the “Sergei Magnitsky Global Sanctions Act” in the following provisions: (a) paragraph 13(3)‍(d) of the Seized Property Management Act; (b) paragraph 11.‍11(1)‍(b.‍1) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act; (c) paragraph 35(1)‍(d) of the Immigration and Refugee Protection Act; (d) paragraph 6(2)‍(d) of the International Interests in Mobile Equipment (aircraft equipment) Act; (e) subsection 20(1) of the Freezing Assets of Corrupt Foreign Officials Act; and (f) in the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law): (i) the long title, (ii) the preamble, and (iii) subsection 16(1).Replacement in regulations4 Every reference to the “Special Economic Measures Act” is replaced by a reference to the “Sergei Magnitsky Global Sanctions Act” in the following provisions: (a) subsection 15(2) of the Special Economic Measures (Burma) Regulations

[...] COMMONS OF CANADA BILL C-353 An Act to provide for the imposition of restrictive measures against foreign hostage takers and those who practice arbitrary detention in state-to-state relations and to make related amendments to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act and the Immigration and Refugee Protection Act Preamble Whereas terrorist organizations, criminal groups and other state and non-state actors who take hostages for financial, political or other gains threaten the integrity of the international political system and the safety of Canadian nationals and other persons abroad; Whereas autocratic regimes continue to arbitrarily detain Canadians or nationals of Canada’s allies, sometimes under the guise of legal proceedings, to gain leverage and undermine the country’s sovereignty in domestic and foreign affairs; Whereas hostage taking and the arbitrary detention of Canadian nationals in state-to-state relations are acts that undermine the rule of law

[...] and threaten Canada’s national security and foreign policy; Whereas Canadian nationals deserve to be protected by the Government of Canada from foreign threats and interference; Whereas timely intelligence information regarding Canadian nationals held hostage can be vital in securing the safe return of those hostages, but can be extremely difficult to obtain; Whereas human rights and the rule of law are integral to international law and Canada has repeatedly asserted its commitment to promoting international justice and respect for human rights; Whereas Canada signed and ratified the International Convention against the Taking of Hostages, adopted by resolution 34/146 of the General Assembly of the United Nations on December 17, 1979; Whereas hostage taking is a criminal offence in Canada; Whereas Canada launched the Declaration Against Arbitrary Detention in State-to-State Relations on February 15, 2021, in Ottawa; And whereas Canadians continue to be held hostage and arbitrarily

[...] Canadian corporation means a corporation incorporated or continued by or under the laws of Canada or of a province.‍

[...] End of inserted block Exemption(2) The Minister may exempt the foreign national Insertion start and their family members, if applicable Insertion end , from the payment of any applicable fees in respect of the examination of their circumstances under subsection (1) Insertion start or (1.‍1) Insertion end .27 Paragraph 35(1)‍(e) of the Act is replaced by the following: (e) being a person, other than a permanent resident, who is currently the subject of an order or regulation made under section 4 of the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) Insertion start or section 5 of the Foreign Hostage Takers Accountability Act Insertion end .

[...] is amended by adding “or” at the end of paragraph (b) and by repealing paragraphs (d) and (e).(2) Subsection 35(2) of the Act is repealed.6 The Act is amended by adding the following after section 35: Sanctions35.‍1 (1) A foreign national is inadmissible on grounds of sanctions if (a) their entry into or stay in Canada is restricted under a decision, resolution or measure of an international organization of states or association of states, of which Canada is a member, that imposes sanctions on a person, entity or foreign state, within the meaning of section 2 of the Special Economic Measures Act, against which or whom Canada has imposed or has agreed to impose sanctions in concert with that organization or association; (b) they are currently the subject of an order or regulation made under section 4 of the Special Economic Measures Act; or (c) they are currently the subject of an order or regulation made under section 4 of the Justice for Victims of Corrupt Foreign Officials Act (Sergei

[...] Magnitsky Law).Clarification(2) For greater certainty, despite section 33, a foreign national whose entry into or stay in Canada is no longer restricted under a decision, resolution or measure referred to in paragraph (1)‍(a) or who ceases being the subject of an order or regulation referred to in paragraph (1)‍(b) or (c) is no longer inadmissible under that paragraph.7 Paragraphs 42(2)‍(a) and (b) of the Act are replaced by the following: (a) the matters referred to in paragraph (1)‍(a) constitute inadmissibility only if the family member is inadmissible under section 34, 35, 35.‍1 or 37; and (b) the matters referred to in paragraph (1)‍(b) constitute inadmissibility only if the foreign national is an accompanying family member of a person who is inadmissible under section 34, 35, 35.‍1 or 37.8 Subsections 42.‍1(1) and (2) of the Act are replaced by the following: Exception — application to Minister42.‍1 (1) The Minister may, on application by a foreign national, declare that the matters

[...] Division 10 of Part 4 amends the Special Economic Measures Act, the Proceeds of Crime (Money Laundering) and Terrorist Financing Act and the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) to strengthen Canada’s ability to take economic measures against certain persons.

[...] Magnitsky Law).182 The Act is amended by adding the following after section 9.‍8: Definition of agent or mandatary 9.‍9 In sections 9.‍91 to 9.‍93,agent or mandatary means an agent or mandatary acting on behalf of a person or entity referred to in paragraph 5(h) to provide any of the services referred to in that paragraph.

[...] By-laws (3) The Board may make by-laws respecting the committee, including respecting the matters relating to the provision of financial support on which it is to advise the Corporation and respecting the expertise of its members.

[...] Magnitsky Law), if the Centre also determines that the information is relevant to the making, administration or enforcement of an order or regulation referred to in subsection 4(1) of that Act. 2017, c. 21Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law)260 The heading before section 2 of the French version of the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) is replaced by the following: Définitions et interprétation261 The Act is amended by adding the following after section 2: Deemed ownership 2.‍01 (1) If a foreign national controls an entity other than a foreign state, any property that is owned — or that is held or controlled, directly or indirectly — by the entity is deemed to be owned by that foreign national.

[...] The Appeal Division may make a decision on a question of constitutional law.

[...] journalistic association or has its own code of ethics whose standards of professional conduct require adherence to the recognized processes and principles of the journalism profession, including fairness, independence and rigour in reporting news and handling sources; or (c) operates an Indigenous news outlet in Canada and produces news content that includes matters of general interest, including coverage of matters relating to the rights of Indigenous peoples, including the right of self-government and treaty rights.Revoked designation (3) Despite subsection (1), a news business must not be designated as eligible if it was previously designated and had its designation revoked under paragraph 59(1)‍(c).Ineligible news businesses (3.‍1) Despite subsection (1), a news business must not be designated as eligible if (a) the news business is the subject of sanctions under the United Nations Act, the Special Economic Measures Act or the Justice for Victims of Corrupt Foreign Officials Act (Sergei

[...] Magnitsky Law), or is owned or controlled by an individual or entity that is the subject of such sanctions; or (b) the news business has its headquarters in a foreign state, as defined in section 2 of the Special Economic Measures Act, that is the subject of measures under an Act referred to in paragraph (a).Revoked designation (3.‍2) If a news business described in paragraph (3.‍1)‍(a) or (b) was previously designated as eligible, the Commission must, by order, revoke the order designating the business as eligible.Statutory Instruments Act (4) The Statutory Instruments Act does not apply in respect of an order made under subsection (1).Provincial public broadcasters 28 The designation of a provincial public broadcaster as an eligible news business is subject to any other conditions specified in regulations made by the Governor in Council.Public list 29 (1) The Commission must maintain a list of eligible news businesses and publish that list on its website.

[...] (4) The Commission must cause a copy of any decision made under subsection (2) or (3) to be issued and served on the individual or entity.Evidence 67 In a proceeding in respect of a violation, a notice purporting to be served under subsection 64(1) or a copy of a decision purporting to be served under subsection 66(4) is admissible in evidence without proof of the signature or official character of the person appearing to have signed it.Burden of proof 68 In a proceeding in respect of a violation in respect of a contravention of section 51, the burden of establishing that any discrimination is not unjust or that any preference or disadvantage is not undue or unreasonable is on the individual or entity that is believed to have contravened that section.Defence 69 (1) An individual or entity is not to be found liable for a violation, other than a violation in respect of a contravention of section 22, if they establish that they exercised due diligence to prevent its commission.Common law

[...] principles (2) Every rule and principle of the common law that makes any circumstance a justification or excuse in relation to a charge for an offence applies in respect of a violation to the extent that it is not inconsistent with this Act.Directors, officers, etc. 70 A director, officer or agent or mandatary of an entity that commits a violation is liable for the violation if they directed, authorized, assented to, acquiesced in or participated in the commission of the violation, whether or not the entity is proceeded against.Vicarious liability 71 An individual or entity is liable for a violation that is committed by their employee acting within the scope of their employment or their agent or mandatary acting within the scope of their authority, whether or not the employee or agent or mandatary is identified or proceeded against.Limitation or prescription period 72 (1) Proceedings in respect of a violation may be instituted within, but not after, three years after the day on which

[...] Division 31 of Part 5 amends the Special Economic Measures Act and the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) to, among other things, (a) create regimes allowing for the forfeiture of property that has been seized or restrained under those Acts; (b) specify that the proceeds resulting from the disposition of those properties are to be used for certain purposes; and (c) allow for the sharing of information between certain persons in certain circumstances.

[...] (commissaire) common-law partner of an individual at a particular time means a person who is the common-law partner of the individual at the particular time for the purposes of the Income Tax Act.‍

[...] (service de messagerie) consideration includes any amount that is payable by operation of law.‍

[...] Magnitsky Law)444 (1) The definition Minister in section 2 of the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) is repealed.(2) Section 2 of the Act is amended by adding the following in alphabetical order: property means any type of property, whether real or personal or immovable or movable, or tangible or intangible or corporeal or incorporeal, and includes money, funds, currency, digital assets and virtual currency.‍

[...] Magnitsky Law).

[...] Staff 38 (1) The persons that are necessary to administer and enforce this Act are to be appointed, employed or engaged in the manner authorized by law.

[...] common-law partner, in relation to an individual, means a person who is cohabiting with the individual in a conjugal relationship, having so cohabited for a period of at least one year.‍

[...] , or mixed law and fact, in relation to the application or interpretation of Part Insertion start VII.‍1 or Insertion end VIII, if the Tribunal grants them leave.

[...] (ministre)(2) Subsection 2(1) of the Act is amended by adding the following in alphabetical order: Start of inserted block sanctions evasion offence means an offence arising from the contravention of a restriction or prohibition established by an order or a regulation made under the United Nations Act, the Special Economic Measures Act or the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law).‍

[...] End of inserted block Use of information Start of inserted block 39.‍28 No official shall use information referred to in subsection 39.‍27(1) for any purpose other than exercising powers or performing duties and functions under this Part or for the purposes of the Special Economic Measures Act, the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law), the Customs Act or any other law relating to customs.