Regulations Amending the Regulations Implementing the United Nations Resolutions on Haiti

Whereas the Security Council of the United Nations, acting under Article 41 of the Charter of the United Nations, adopted Resolution 2699 (2023) on October 2, 2023, Resolution 2700 (2023) on October 19, 2023 and Resolution 2752 (2024) on October 18, 2024; 

And whereas it appears to the Governor in Council to be necessary to make regulations for enabling the measures set out in those resolutions to be effectively applied;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Foreign Affairs, makes the annexed Regulations Amending the Regulations Implementing the United Nations Resolutions on Haiti under section 2 of the United Nations Act^a. 

^a R.S., c. U-2

Amendments

1 The definition military activities in section 1 of the Regulations Implementing the United Nations Resolutions on Haiti¹ is replaced by the following:

military activities means any activities conducted by state or non-state armed forces and any activities that support the operational capabilities of an armed group. (activités militaires)

2 Paragraphs 3(a) and (b) of the Regulations are replaced by the following:

1. export, sell, supply or transfer, directly or indirectly, arms and related material, wherever situated, to Haiti or any person in Haiti; or
2. provide, directly or indirectly, technical assistance or financial assistance related to the sale, supply, transfer, manufacture, maintenance or use of arms and related material to Haiti or any person in Haiti.

3 Sections 4 and 5 of the Regulations are replaced by the following:

Embargo — military activities

4 It is prohibited for any person in Canada and any Canadian outside Canada to knowingly provide, directly or indirectly, technical assistance or financial assistance related to military activities to Haiti or any person in Haiti.

Embargo — transport 

5 It is prohibited for the owner or master of a Canadian vessel, as defined in section 2 of the Canada Shipping Act, 2001, any operator of an aircraft registered in Canada, any Canadian owner or master of a vessel or any Canadian operator of an aircraft to knowingly carry, cause to be carried or permit to be carried arms and related material that are destined for Haiti or a person in Haiti.

4 The Regulations are amended by adding the following after section 5:

Exception — various entities

5.1 (1) Sections 3 to 5 do not apply to an activity that is intended solely for the support of

1. the United Nations or a mission authorized by the United Nations, including the Multinational Security Support (MSS) Mission and the United Nations Integrated Office in Haiti (BINUH); or
2. a security unit that operates under the command of the Government of Haiti, including the Haitian National Police and the Armed Forces of Haiti.

Exception — advance approval

(2) Sections 3 to 5 do not apply to an activity that has been approved in advance by the Committee of the Security Council. 

Exception — non-lethal military equipment

(3) Sections 3 to 5 do not apply to non-lethal military equipment that is intended solely for humanitarian or protective use or to related technical assistance.

Application Before Publication 

5 For 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 Force

6 These Regulations come into force on the day on which they are registered. 

¹ SOR/2022/237; SOR/2024-138, s. 36