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Canada Renames Sanctions Law to Magnitsky

Full Title: An Act to amend the Special Economic Measures Act

Summary#

This bill renames Canada’s Special Economic Measures Act (SEMA). It changes the long title and short title, and replaces the Act’s name in several other laws and regulations. It does not change the powers, who can be listed, or how sanctions work. Only titles and cross-references change (Bill, Amendments to the Act; Terminology replacement; Replacement in regulations).

  • Renames SEMA to the “Sergei Magnitsky Global Sanctions Act” (Bill, Short title).
  • Updates the long title to spell out grounds such as human rights abuses and significant corruption (Bill, Long title).
  • Replaces references to SEMA in six other Acts, including immigration and anti–money laundering laws (Bill, Terminology replacement (a)-(f)).
  • Replaces references to SEMA in 15 sanctions-related regulations, including country sanctions and export permits (Bill, Replacement in regulations (a)-(o)).
  • Makes no changes to sanction powers, procedures, or enforcement tools in the underlying law (Bill, Amendments to the Act).

What it means for you#

  • Households

    • No direct changes to daily life. If you are not listed under sanctions, nothing changes when the Act’s name changes (Bill, Amendments to the Act).
    • Public notices and media may refer to “Sergei Magnitsky Global Sanctions Act” instead of SEMA once in force (on Royal Assent) (Bill, Short title).
  • Workers and professionals

    • Lawyers, compliance officers, and consultants need to update citations and templates to the new Act name when advising on sanctions risk (Bill, Short title; Replacement in regulations).
  • Businesses and financial institutions

    • Compliance duties under Canadian sanctions remain the same. Screening, asset freezes, and reporting obligations continue under the renamed Act (Bill, Amendments to the Act).
    • Internal policies, client forms, and contracts that cite “SEMA” should be updated to the new name after the law takes effect (Bill, Short title).
    • Anti–money laundering processes that reference SEMA, including under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, should reflect the updated citation (Bill, Terminology replacement (b)).
  • Exporters and importers

    • Export permits and controls that reference SEMA, including General Export Permits No. 41, 45, and 46, will cite the new name. Substantive rules do not change (Bill, Replacement in regulations (f), (g), (k)).
  • Immigrants, visitors, and refugees

    • The Immigration and Refugee Protection Act provision that ties inadmissibility to sanctions will cite the Act’s new name. Criteria do not change (Bill, Terminology replacement (c)).
  • Local and provincial governments

    • No change in duties or authorities. Update internal references, if any, to the Act’s new name (Bill, Amendments to the Act).

Expenses#

  • Estimated net cost: Data unavailable.

  • No appropriation or new program is created in the bill text (Bill, Amendments to the Act).

  • The bill requires updating names in statutes and regulations. Any administrative costs are not estimated in publicly available documents. Data unavailable.

Proponents' View#

  • The new long title clearly lists human rights abuses and significant corruption as grounds, which may improve public understanding of why Canada imposes sanctions (Bill, Long title). Assumes title wording helps clarity; the bill does not amend operative powers.
  • A single, recognizable name (“Sergei Magnitsky Global Sanctions Act”) could improve international alignment and communication about Canada’s sanctions regime (Bill, Short title). Assumes name recognition aids compliance and diplomacy.
  • Updating cross-references across laws and regulations ensures legal consistency and reduces citation errors (Bill, Terminology replacement; Replacement in regulations).
  • The title expressly covers persons, entities, and foreign states, which mirrors how Canada already lists individuals and companies under sanctions (Bill, Long title). Assumes this alignment reduces confusion.

Opponents' View#

  • Having two Acts with “Sergei Magnitsky” in the title (this Act and the existing Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law)) could cause confusion for courts, agencies, and the public (Bill, Short title; Terminology replacement (f)). Assumes name overlap increases mis-citation risk.
  • Changing only titles, not powers, may create a gap between public expectations and the law’s actual authorities, leading to uncertainty about grounds for sanctions (Bill, Amendments to the Act; Long title).
  • System-wide updates to statutes, regulations, guidance, IT systems, and contracts have real administrative costs and transition risks; no estimate is provided (Bill, Terminology replacement; Replacement in regulations). Data unavailable.
  • If interpreters give weight to the new long title, it could trigger litigation over scope even though operative provisions are unchanged (Bill, Long title; Amendments to the Act). Assumes titles could influence statutory interpretation.

Timeline

Mar 9, 2023 • House

First reading

Foreign Affairs
National Security
Trade and Commerce
Immigration