Bill C-536

2nd Session, 39th Parliament,

56-57 Elizabeth II, 2007-2008

house of commons of canada

BILL C-536

An Act to encourage accountability by Canada and the international community with respect to Sudan

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

1. This Act may be cited as the Sudan Accountability Act.

2. The following definitions apply in this Act.

“executive agency” means

(a) any of the departments named in Sched- ule I to the Financial Administration Act;

(b) any of the divisions or branches of the federal public administration set out in column I of Schedule I.1 to the Financial Administration Act;

(c) any organization named in Schedule II to the Financial Administration Act;

(d) a commission under the Inquiries Act that is designated by order of the Governor in Council as a department for the purposes of this Act; and

(e) the staffs of the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer and office of the Conflict of Interest and Ethics Commissioner.

“Government of Sudan” means the government in Khartoum, Sudan, that is led by the National Congress Party, formerly known as the National Islamic Front, or any successor government formed on or after October 13, 2006, including the coalition National Unity Government agreed upon in the Comprehensive Peace Agreement for Sudan, and does not include the regional government of southern Sudan.

“military equipment” means

(a) weapons, arms, military supplies, and equipment that may readily be used for military purposes, including radar systems or military-grade transport vehicles; or

(b) supplies or services sold or provided directly or indirectly to any force actively participating in armed conflict in Sudan.

“mineral extraction activities” means exploring for, extracting, processing, transporting, or wholesale selling or trading of elemental minerals or associated metal alloys or oxides, including gold, copper, chromium, chromite, diamonds, iron, iron ore, silver, tungsten, uranium, and zinc.

“oil-related activities” means exporting, extracting, producing, refining, processing, exploring for, transporting, selling or trading oil, and constructing, maintaining, or operating a pipeline, refinery or other oilfield infrastructure, but does not include the retail sale of gasoline or related consumer products in Sudan or the leasing or owning of rights to an oil block in Sudan, if the person selling the gasoline or the person who owns or leases the oil block is not involved in any other activity described above.

“power production activities” means any business operation that involves a project commissioned by the National Electricity Corporation of Sudan or other similar entity of the Government of Sudan whose purpose is to facilitate power generation and delivery, including establishing power generating plants or hydroelectric dams, selling or installing components for the project, or providing service contracts related to the installation or maintenance of the project.

3. (1) The head of each executive agency shall ensure that any contract entered into by that executive agency for the procurement of goods or services includes a certification from the contractor that the contractor does not conduct business operations in Sudan.

(2) For the purposes of this section, business operations include power production activities, mineral extraction activities, oil-related activities, and the production of military equipment.

(3) Despite subsection (2), business operations do not include activities that

(a) are conducted under contract directly and exclusively with the regional government of southern Sudan;

(b) are conducted under a license from the department of Foreign Affairs and International Trade Canada or have been expressly exempted under federal law from the requirement for such a license;

(c) consist of providing goods or services to marginalized populations of Sudan;

(d) consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(e) consist of providing goods or services that are used only to promote health or education; or

(f) have been voluntarily suspended.

(4) If the head of the executive agency determines that the contractor has submitted a false certification under subsection (1), he or she may

(a) terminate a covered contract; or

(b) debar or suspend the contractor from eligibility for federal contracts for a period not exceeding three years.

4. Within six months after the day on which this Act comes into force, the Government of Canada shall divest itself of bonds, stocks and other financial instruments invested in Sudan, unless

(a) the money is disbursed through established humanitarian assistance programs;

(b) the money is used to pay the expenditures and operating costs of a Canadian Embassy, Canadian High Commission, Canadian Consular office or other official representative office in Sudan; or

(c) the money is otherwise authorized by Parliament.

5. The Government of Canada shall work with members of the international community in order to encourage them to adopt measures that

(a) publicize the activities of all persons who, through their financial dealings, knowingly or unknowingly enable the Government of Sudan to continue to oppress and commit genocide against the people of the Darfur region and other regions of Sudan; and

(b) authorize the divestment from, and the avoidance of further investment in, those persons.

6. The Government of Canada shall continue to work with other members of the international community, including the permanent members of the United Nations Security Council, the African Union, the European Union, the Arab League, and the Government of Sudan, to facilitate the urgent deployment of a peacekeeping force to Sudan, the delivery of humanitarian aid, and the surrender of persons for whom arrest warrants have been issued by the International Criminal Court for crimes against humanity in Darfur.

7. The Government of Canada shall bring before the United Nations Security Council, and call for a vote on, a resolution requiring meaningful multilateral sanctions against the Government of Sudan in response to its acts of genocide against the people of Darfur and its continued refusal to allow the deployment of a peacekeeping force in Sudan, the delivery of humanitarian aid, and the surrender of persons for whom arrest warrants have been issued by the International Criminal Court for crimes against humanity in Darfur.