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Bill S-261

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First Session, Forty-second Parliament,

64-65-66-67-68 Elizabeth II, 2015-2016-2017-2018-2019

SENATE OF CANADA

BILL S-261
An Act to provide a framework for the lifting of sanctions against Iran through the establishment of benchmarks relating to Iranian behaviour in respect of terrorism, human rights violations and incitement to hatred and to establish measures to hold Iran to account for the continuation of any misconduct
FIRST READING, May 9, 2019

THE HONOURABLE SENATOR Tkachuk
4211335-2


SUMMARY

This enactment provides a framework for Canada to lift sanctions against Iran by establishing reasonable benchmarks based on Iranian behaviour with respect to terrorism, human rights violations and incitement to hatred. It also establishes measures to deter Iran from such behavior and to hold Iran to account for its misconduct.

It provides for an ongoing analysis of the incidence of terrorist activity, support of terrorism, incitement to hatred and human rights violations emanating from Iran, the identification of Iranian officials who are responsible for such activities and the strengthening of Canada’s non-nuclear sanctions regime against Iran by

(a) authorizing the Minister of Foreign Affairs to publish an annual report on Iran-sponsored terrorism, incitement to hatred and human rights violations that includes a description of measures taken by the Government of Canada to address those activities;

(b) authorizing the Governor in Council to order that Canada’s current sanctions regime against Iran cannot be eased unless an annual report concludes that, in the calendar year immediately preceding the year in which the report was published, Iran made significant progress in respect of human rights, eliminating terrorist activity and support of terrorism emanating from Iran and eliminating incidents of incitement to hatred emanating from Iran; and

(c) authorizing the Minister of Public Safety and Emergency Preparedness to consider whether to recommend that the Islamic Revolutionary Guard Corps (IRGC) be named a listed entity (terrorist group) under the Criminal Code.

It also provides for the freezing of assets of permanent residents and foreign nationals who are listed in the annual report as having been responsible for terrorist-related activities, incitement to hatred, or serious human rights violations, and amends the Immigration and Refugee Protection Act to render inadmissible such persons whose actions would, if committed in Canada, have constituted an indictable offence.

Available on the Senate of Canada website at the following address:
www.sencanada.ca/en


TABLE OF PROVISIONS

An Act to provide a framework for the lifting of sanctions against Iran through the establishment of benchmarks relating to Iranian behaviour in respect of terrorism, human rights violations and incitement to hatred and to establish measures to hold Iran to account for the continuation of any misconduct

Preamble

Short Title
1 

Iran Relations and Normalization Act

Interpretation
2 

Definitions

Report on Iran-Sponsored Terrorism, Incitement to Hatred and Human Rights Violations
3 

Annual report

Sanctions and Other Measures
4 

Continuation of sanctions

5 

Order prohibiting negotiations

6 

Consideration of designation of IRGC as listed entity

7 

Freezing of assets

Related Amendments
8 

Immigration and Refugee Protection Act

Coming into Force
10 

One month after royal assent



1st Session, 42nd Parliament,

64-65-66-67-68 Elizabeth II, 2015-2016-2017-2018-2019

SENATE OF CANADA

BILL S-261

An Act to provide a framework for the lifting of sanctions against Iran through the establishment of benchmarks relating to Iranian behaviour in respect of terrorism, human rights violations and incitement to hatred and to establish measures to hold Iran to account for the continuation of any misconduct
Preamble

Whereas the Charter of the United Nations and customary international law impose on all nations the responsibility to promote and protect human rights as a mutual obligation of all members of the international community and as an obligation of a state towards its citizens;

Whereas Iran is a member State of the United Nations that voted in favour of United Nations General Assembly resolution 217 A (III) on December 10, 1948, that proclaimed the Universal Declaration of Human Rights, and has signed and ratified the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights, the International Convention on the Elimination of All Forms of Racial Discrimination, and the Convention on the Rights of the Child;

Whereas, in a report made pursuant to United Nations Human Rights Council resolution 34/23 that was submitted to the Council in March 2018, the Special Rapporteur on the situation of human rights in the Islamic Republic of Iran stated that Iran, under the leadership of its current president, Hassan Rouhani, continues to engage in execution, torture and other forms of cruel, inhumane and degrading treatment, repression and persecution of religious and ethnic minorities (such as the Baha’i community), imprisonment of political dissidents and widespread and systematic discrimination against women, religious and ethnic minorities and lesbian, gay, bisexual and transgender individuals and has placed new restrictions on freedom of expression, association and peaceful assembly and access to information;

Whereas Canadians, including the late Zahra Kazemi, have also been wrongly detained and victimized by Iran’s human rights violations;

Whereas Iran has the highest per capita rate of executions of any state and continues to execute juvenile offenders;

Whereas Canada supports the people of Iran in their efforts to advance democracy, human rights and the rule of law, and aspires to have a mutually beneficial relationship with Iran that is based on respect for human rights and the rule of law;

Whereas, since 2003, Canada has sponsored resolutions at the United Nations General Assembly drawing attention to the violation of human rights in Iran, the most recent of which was co-sponsored by a large cross-regional group of countries and approved by the Third Committee of the General Assembly on November 15, 2018;

Whereas, on March 30, 2009, the House of Commons concurred in the fourth report of the Standing Committee on Foreign Affairs and International Development (40th Parliament, 2nd Session), entitled Report on the Bahá’í community in Iran, which called on the House of Commons to condemn the ongoing persecution of the Bahá’í minority in Iran;

Whereas, on October 27, 2009, the House of Commons unanimously condemned the Iranian regime’s violations of human rights;

Whereas the Subcommittee on International Human Rights of the House of Commons Standing Committee on Foreign Affairs and International Development (40th Parliament, 3rd Session) found in a report adopted by the Committee in November 2010 and presented to the House as its third report in December 2010, that the Iranian regime has a long history of systemic and widespread human rights violations against its own people, and that these abuses violate its population’s right to life, freedom of political opinion and freedom from discrimination based on religion, sex, ethnicity, language and sexual orientation, and that the Iranian leadership’s inflammatory rhetoric constitutes incitement to genocide, in violation of the prohibition against incitement in Article 3 of the Convention on the Prevention and Punishment of the Crime of Genocide;

Whereas, in 2012, Senators rose to speak on an inquiry that called the attention of the Senate to egregious human rights abuses in Iran — particularly the use of torture and the cruel and inhuman treatment of unlawfully incarcerated political prisoners — and members of the House of Commons sat in Committee of the Whole in a take-note debate on the state of human rights in Iran;

Whereas Canada has a responsibility to do all it reasonably can to prevent and condemn the incitement to hatred and genocide that emerges systematically from Iran in violation of the Convention on the Prevention and Punishment of the Crime of Genocide, the International Covenant on Civil and Political Rights and the International Convention on the Elimination of All Forms of Racial Discrimination;

Whereas Iran is also widely considered the world’s pre-eminent state sponsor of terrorism, responsible for mass violence and destruction through its support of the Islamic Revolutionary Guard Corps (IRGC), Hezbollah, Hamas, the Taliban, Palestinian Islamic Jihad and Syrian President Bashar al Assad, and has been listed by Canada as a foreign state supporter of terrorism pursuant to section 6.‍1 of the State Immunity Act;

Whereas the IRGC is the central force behind Iran’s illicit and illegal activities, including Iran’s support of international terrorism and systemic human rights abuses;

Whereas the Qods Force — the special forces unit of the IRGC — has been listed under the Criminal Code as a terrorist entity in Canada since 2012;

Whereas experts have noted that Iranian intervention in the civil war in Syria has blurred the distinctions between the various branches of the IRGC, effectively turning the entire organization into an expeditionary force;

Whereas Canadians have been injured and killed as a result of Iran-sponsored acts of terrorism;

Whereas calibrated and consequential sanctions are the best available peaceful instruments to deter Iran’s terrorist activity and support of terrorism, its incitement to hatred and its violations of human rights;

Whereas, while the adoption of the Joint Comprehensive Plan of Action on July 14, 2015, calls for the scaling back of nuclear-related sanctions against Iran, terrorism, incidents of incitement to hatred and human rights violations emanating from Iran continue to occur and sanctions to deter such conduct must be strengthened and maintained;

Whereas the House of Commons adopted a motion on June 12, 2018,

(a) strongly condemning the current regime in Iran for its ongoing sponsorship of terrorism around the world,

(b) condemning the recent statements made by Supreme Leader Ayatollah Ali Khamenei calling for genocide against the Jewish people,

(c) calling on the Government of Canada

(i) to immediately cease all negotiations or discussions with the Islamic Republic of Iran to restore diplomatic relations,

(ii) to demand that the Iranian Regime immediately release all Canadians and Canadian permanent residents who are currently detained in Iran, and

(iii) to immediately designate the Islamic Revolutionary Guard Corps as a listed terrorist entity under the Criminal Code, and

(d) expressing that it stands with the people of Iran and recognizes that they, like all people, have a fundamental right to freedom of conscience and religion, freedom of thought, belief, opinion, and expression, including freedom of the press and other forms of communication, freedom of peaceful assembly, and freedom of association;

And whereas the Prime Minister and all of the members of Parliament who were members of his cabinet at the time voted in favour of the above-mentioned motion of June 12, 2018;

Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Short Title

Short title

1 This Act may be cited as the Iran Relations and Normalization Act.

Interpretation

Definitions

2 (1) The following definitions apply in this Act.

EIKO means the Execution of Imam Khomenei’s Order. (CEOIK)

human rights means the rights and freedoms set out in the Universal Declaration of Human Rights. (droits de la personne)

identifiable group has the same meaning as in section 318 of the Criminal Code. (groupe identifiable)

incitement to hatred means any public comment, whether written or unwritten, that incites hatred or contempt against an identifiable group or a member State of the United Nations, and includes any public comment that

  • (a) advocates or promotes genocide as defined in subsection 318(2) of the Criminal Code;

  • (b) advocates or promotes the elimination of any member State of the United Nations; or

  • (c) otherwise incites hatred against an identifiable group or a member State through dehumanizing or demonizing language. (incitation à la haine)

Iran means the Islamic Republic of Iran and includes

  • (a) its government and any of its departments or agencies; and

  • (b) its political subdivisions and the governments and any departments or agencies of those political subdivisions. (Iran)

IRGC means the Islamic Revolutionary Guard Corps. (CGRI)

Minister means the Minister of Foreign Affairs. (ministre)

Regulations means the Special Economic Measures (Iran) Regulations. (Règlement)

support of terrorism has the same meaning as in section 2.‍1 of the State Immunity Act. (soutien du terrorisme )

terrorist activity has the same meaning as in subsection 83.‍01(1) of the Criminal Code. (activité terroriste)

Emanating from Iran

(2) For the purposes of this Act, an activity emanates from Iran if the activity is directed, facilitated, carried out, sponsored or endorsed by Iran, its officials or other persons acting on its behalf.

Report on Iran-Sponsored Terrorism, Incitement to Hatred and Human Rights Violations

Annual report

3 (1) The Minister may, in every year, publish a report on Iran-sponsored terrorism, incitement to hatred and human rights violations that includes

  • (a) statistical information on the incidence of terrorist activity, support of terrorism, incitement to hatred and human rights violations emanating from Iran during the immediately preceding calendar year;

  • (b) a list of persons who are officials of Iran or acting on behalf of Iran, including members of paramilitary organizations, that the Minister believes on reasonable grounds are responsible for terrorist activity, support of terrorism, incitement to hatred, or serious human rights violations, on or after January 1, 2015;

  • (c) the findings of an examination into the activities of EIKO during the immediately preceding calendar year and a statement on whether the Government of Canada ought to take any measures in respect of EIKO and its activities;

  • (d) a list of entities, as defined in section 2 of the Special Economic Measures Act, that are not, at the end of the immediately preceding calendar year, listed in Schedule 1 to the Regulations, which the Minister believes on reasonable grounds were, at any time during the five preceding calendar years, owned or controlled by EIKO or the IRGC, or acting as a front, agent or affiliate of EIKO or the IRGC;

  • (e) a description of the measures the Government of Canada has taken during the immediately preceding calendar year to address terrorist activity, support of terrorism, incitement to hatred and human rights violations emanating from Iran; and

  • (f) a list of persons who have been convicted, during the immediately preceding calendar year, of an offence under the Special Economic Measures Act for contravening section 3 of the Regulations.

Evidence

(2) In preparing the annual report, the Minister may consider credible publications, databases or information published or compiled by government agencies, non-governmental organizations or other entities.

Examination of conduct

(3) In preparing the annual report, the Minister may consider the conduct of, among others, the following officials of Iran:

  • (a) the Supreme Leader;

  • (b) the President;

  • (c) the Minister of Intelligence and Security;

  • (d) members of the Council of Guardians;

  • (e) members of the Expediency Council;

  • (f) the Commander-in-Chief of the IRGC;

  • (g) the Commander of the Basij-e Mostazafan;

  • (h) the Commander of Ansar-e-Hezbollah;

  • (i) the Commander of the IRGC Qods Force;

  • (j) the Commander-in-Chief of the Police Force;

  • (k) senior officials of an organization referred to in any of paragraphs (d) to (j); and

  • (l) senior officials of the following:

    • (i) the Atomic Energy Organization of Iran,

    • (ii) EIKO,

    • (iii) an entity owned or controlled by EIKO or the IRGC,

    • (iv) the Islamic Consultative Assembly,

    • (v) the Council of Ministers,

    • (vi) the Assembly of Experts,

    • (vii) the Ministry of Defense and Armed Forces Logistics,

    • (viii) the Ministry of Justice,

    • (ix) the Ministry of Interior, and

    • (x) the prison system of Iran.

Report to Parliament

(4) The Minister may cause the annual report to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the report is published.

Meaning of responsible

(5) For the purposes of paragraph (1)‍(b), a person is responsible for an activity referred to in that paragraph if the person

  • (a) facilitates or carries out the activity; or

  • (b) orders, controls or otherwise directs the carrying out of the activity.

Meaning of owned or controlled

(6) For the purposes of paragraph (1)‍(d) and subparagraph (3)‍(l)‍(iii), an entity is owned or controlled by EIKO or the IRGC if

  • (a) EIKO or the IRGC, as the case may be, holds a 50% or greater equity interest in the entity; or

  • (b) officers or persons otherwise acting on behalf of EIKO, the IRGC or any front, agent or affiliate of EIKO or the IRGC, as the case may be, whether individually or jointly,

    • (i) own shares of the entity to which are attached more than 50% of the votes that may be cast to elect directors of the entity,

    • (ii) hold more than 50% of the seats on the board of directors of the entity, or

    • (iii) own a controlling stake of the entity; or

  • (c) an officer or person otherwise acting on behalf of EIKO, the IRGC or any front, agent or affiliate of EIKO or the IRGC, as the case may be, is the chair of the board of directors, the chief executive officer or an officer who has supervision over and direction of the day-to-day operations of the entity.

Definition of officer

(7) For the purposes of subsection (6), officer, in respect of an entity, includes an official of the entity and any other person who orders, controls or otherwise directs the carrying out of an activity of the entity.

Sanctions and Other Measures

Continuation of sanctions

4 The Governor in Council may order that any orders or regulations made or any other measures taken under the Special Economic Measures Act in relation to Iran, as they existed on February 5, 2016, must not be revoked, repealed, amended or altered in a manner that results in those orders, regulations or measures being less restrictive or prohibitive than they were on that date unless the Minister concludes in an annual report that, in the calendar year immediately preceding the year in which the report was published, Iran made significant progress in respect of

  • (a) eliminating terrorist activity and support of terrorism emanating from Iran;

  • (b) eliminating incidents of incitement to hatred emanating from Iran; and

  • (c) human rights.

Order prohibiting negotiations

5 The Governor in Council may order that no negotiations or discussions are to take place between the Government of Canada and Iran to restore diplomatic relations between the two countries if the Minister concludes in an annual report that, in the calendar year immediately preceding the year in which the report was published, Iran made no significant progress in respect of

  • (a) eliminating terrorist activity and support of terrorism emanating from Iran;

  • (b) eliminating incidents of incitement to hatred emanating from Iran; and

  • (c) human rights.

Consideration of designation of IRGC as listed entity

6 (1) Not later than 60 days after the day on which this section comes into force and at least every two years after that, the Minister of Public Safety and Emergency Preparedness may consider whether to recommend to the Governor in Council that the IRGC be placed on the list established under subsection 83.‍05(1) of the Criminal Code.

Determination by Governor in Council

(2) If the Minister of Public Safety and Emergency Preparedness makes the recommendation referred to in subsection (1), the Governor in Council must consider making a determination under subsection 83.‍05(1) of the Criminal Code in respect of the IRGC as soon as possible.‍

Freezing of assets

7 (1) The Governor in Council must consider whether to, by order, cause to be seized, frozen or sequestrated, in the manner set out in the order, any property situated in Canada that is held by or on behalf of a permanent resident or foreign national who is listed in an annual report pursuant to paragraph 3(1)‍(b).

Definitions

(2) In this section, permanent resident and foreign national have the meanings assigned to those expressions by subsection 2(1) of the Immigration and Refugee Protection Act.

Related Amendments

2001, c. 27

Immigration and Refugee Protection Act

8 (1) Subsection 35(1) of the Immigration and Refugee Protection Act is amended by adding the following after paragraph (b):

  • Start of inserted block

    (b.‍1) being a person who is listed in an annual report pursuant to paragraph 3(1)‍(b) of the Iran Relations and Normalization Act as having been responsible for terrorist activity, support of terrorism, incitement to hatred, or serious human rights violations.

    End of inserted block

(2) Section 35 of the Act is amended by adding the following after subsection (1):

Exception

Start of inserted block

(1.‍1) Paragraph (1)‍(b.‍1) does not apply unless the Attorney General of Canada determines that the act for which the permanent resident or foreign national is responsible — referred to in that paragraph — would, if committed in Canada, have constituted an indictable offence under any Act of Parliament.

End of inserted block

9 (1) Subsections 42.‍1(1) and (2) of the Act are replaced by the following:

Exception — application to Minister

42.‍1 (1) The Minister may, on application by a foreign national, declare that the matters referred to in section 34, paragraphs 35(1)‍(b) Insertion start to Insertion end (c) and subsection 37(1) do not constitute inadmissibility in respect of the foreign national if they satisfy the Minister that it is not contrary to the national interest.

Exception — Minister’s own initiative

(2) The Minister may, on the Minister’s own initiative, declare that the matters referred to in section 34, paragraphs 35(1)‍(b) Insertion start to Insertion end (c) and subsection 37(1) do not constitute inadmissibility in respect of a foreign national if the Minister is satisfied that it is not contrary to the national interest.

(2) Section 42.‍1 of the Act is amended by adding the following after subsection (3):

Exception

Start of inserted block

(4) The Minister may, on application by a permanent resident or foreign national listed in an annual report pursuant to paragraph 3(1)‍(b) of the Iran Relations and Normalization Act as having been responsible for incitement to hatred, declare that the permanent resident or foreign national is not inadmissible by virtue of paragraph 35(1)‍(b.‍1) if they satisfy the Minister that they publicly repudiated the incitement to hatred, believe the incitement to be false, and regret the incitement and any harm caused by it.

End of inserted block

Coming into Force

One month after royal assent

10 This Act comes into force one month after the day on which it receives royal assent.

Published under authority of the Senate of Canada


EXPLANATORY NOTES

Immigration and Refugee Protection Act
Clause 8: (1) Existing text of relevant portion of subsection 35(1):

35 (1) A permanent resident or a foreign national is inadmissible on grounds of violating human or international rights for

  •  . . .

(2) New.
Clause 9: (1) Existing text of subsections 42.‍1(1) and (2):

42.‍1 (1) The Minister may, on application by a foreign national, declare that the matters referred to in section 34, paragraphs 35(1)‍(b) and (c) and subsection 37(1) do not constitute inadmissibility in respect of the foreign national if they satisfy the Minister that it is not contrary to the national interest.

(2) The Minister may, on the Minister’s own initiative, declare that the matters referred to in section 34, paragraphs 35(1)‍(b) and (c) and subsection 37(1) do not constitute inadmissibility in respect of a foreign national if the Minister is satisfied that it is not contrary to the national interest.

(2) New.

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