DIVISION 18 Special Economic Measures Act Special Economic Measures Act · Proceeds of Crime (Money Laundering) and Terrorist Financing Act — ss. 353–362
WHAT THE BILL SAYS
Division 18 restructures the Special Economic Measures Act (SEMA) into two parts and adds a new financial institution-specific sanctions enforcement regime:
Restructuring SEMA (ss. 353, 355, 357)
- The existing Act becomes Part 1 — measures against foreign states
- A new Part 2 is added — obligations specific to federal financial institutions
- References throughout the Act updated from "this Act" to "this Part" accordingly
- The Minister of Foreign Affairs retains responsibility for Part 1; the Minister of Finance is responsible for Part 2
Consultation requirement before sanctioning financial entities (s. 354) Before any sanctions order names a global systemically important bank, a foreign bank operating in Canada, a foreign payment service provider active in Canada, a foreign central bank, or a foreign stock exchange or clearing system — the Minister of Finance must be consulted
New Part 2 — financial institution obligations (s. 356)
Information reporting (s. 14): On the Finance Minister's recommendation (after consulting Foreign Affairs), the Governor in Council may require federal financial institutions to report: foreign sanctioned property in their possession or control, and profits realized from that property
Direction to pay profits to the Crown (s. 15): The Minister of Finance may order a named federal financial institution to pay profits realized from sanctioned foreign property directly to the Receiver General — the amount becomes a debt to the Crown recoverable in court; the order is not subject to the Statutory Instruments Act
Information sharing network (s. 17): The Minister of Foreign Affairs, the Superintendent of Financial Institutions and the Director of CSIS may assist the Finance Minister and share information with each other for purposes of administering Part 2
Disclosure to RCMP and FINTRAC (s. 18): The Finance Minister may disclose relevant information to the RCMP or FINTRAC
RCMP disclosure to Finance Minister (s. 19): At the Finance Minister's request, the RCMP Commissioner may disclose to the Finance Minister information received from financial institutions under Part 1 sanctions orders
Transitional provision (s. 358) Part 2 regulations or orders may apply retroactively to profits already realized — but only if those profits came from property owned or controlled by Russia under the existing Special Economic Measures (Russia) Regulations
Consequential amendments to PCMLTFA (ss. 359–362)
- Updates the definition of "sanctions evasion offence" to reference Part 1 of SEMA specifically
- Updates FINTRAC reporting and disclosure obligations to align with the new Part 1/Part 2 structure
- Adds a new s. 53.7 requiring FINTRAC to disclose information to the Finance Minister on request for Part 2 purposes
PLAIN LANGUAGE SUMMARY
Division 18 creates a dedicated sanctions enforcement track aimed squarely at banks and financial institutions. Under the existing SEMA, sanctions orders freeze assets and restrict transactions. Under the new Part 2, the Finance Minister can go further — ordering a Canadian bank to hand over profits it made from holding sanctioned foreign property, with that amount becoming a debt to the Crown.
Before sanctioning a global bank, foreign central bank or financial market infrastructure, the Finance Minister must be consulted — a procedural brake on Foreign Affairs acting unilaterally against systemically important entities.
The information sharing web is wide: OSFI, CSIS, RCMP, FINTRAC and the Finance Minister can all share data with each other for Part 2 purposes. No independent oversight mechanism is specified.
The retroactivity provision is narrow but notable: Part 2 can reach back to capture profits already made — but only from Russian-linked property under existing regulations.