Regulations Amending the Special Economic Measures (Haiti) Regulations: SOR/2025-111

Canada Gazette, Part II, Volume 159, Number 8

Registration
SOR/2025-111 March 20, 2025

SPECIAL ECONOMIC MEASURES ACT

P.C. 2025-449 March 20, 2025

Whereas the Governor in Council is of the opinion that the situation in the Republic of Haiti constitutes a grave breach of international peace and security that has resulted or is likely to result in a serious international crisis;

And whereas the Governor in Council is of the opinion that gross and systematic human rights violations have been committed in the Republic of Haiti;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Foreign Affairs, makes the annexed Regulations Amending the Special Economic Measures (Haiti) Regulations under paragraph 4(1)(a)^{footnote a} and subsections 4(1.1)^{footnote b}, (2)^{footnote c} and (3) of the Special Economic Measures Act ^{footnote d}.

Regulations Amending the Special Economic Measures (Haiti) Regulations

Amendments

1 Part 1 of the schedule to the Special Economic Measures (Haiti) Regulations ^{footnote 1} is amended by adding the following in numerical order:

• 15 Dimitri Hérard
• 16 Jeantel Joseph

2 Part 3 of the schedule to the Regulations is amended by adding the following in numerical order:

• 5 Jeff Larose

Application Before Publication

3 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

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

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

For a number of years, criminal gangs in Haiti have been operating with impunity, sometimes under the protection of political and economic elites. These groups have killed, injured and committed acts of violence, including sexual violence, as a deliberate means to terrorize the population and expand territorial control. These acts not only fuel the deterioration of the security and humanitarian situation in the country, but also force the displacement of hundreds of thousands of people every year. Gang violence has led to significant internal destabilization, interrupted education and health systems, and disrupted political and economic activities.

Political and security stakeholders take advantage of their position, their ties with political figures, their influence and the financial resources at their disposal to commit large-scale criminal acts, thereby serving their own interests and fuelling the multidimensional crisis.

Additional sanctions under the Special Economic Measures (Haiti) Regulations (the Regulations) are necessary to exert immediate pressure on persons who, either directly or indirectly, engage in activities that undermine the peace, security and stability of Haiti, have participated in gross and systematic human rights violations in Haiti, or are associated with someone who has committed such acts.

Background

Haiti is facing a multidimensional humanitarian, security and political crisis characterized by chronic poverty, alarming insecurity and a political stalemate that is paralyzing public institutions. In this context, Haitians continue to be denied their most basic human rights on a daily basis.

Over the past three years, escalating gang violence in Haiti has had a devastating impact on the population. These criminal gangs commit unspeakable acts of violence, terrorize vulnerable populations and undermine efforts to restore law and order in the country. Hundreds of thousands of people were forced to flee their homes in 2024, meaning that over 1 million people are now displaced within Haiti, according to the International Organization for Migration. In one year, the number of displaced people has tripled, increasing from 315 000 in December 2023 to over 1 million as of January 14, 2025. The United Nations Office of the High Commissioner for Human Rights reports that, in 2024, gang violence across the country was responsible for at least 5 601 deaths, 2 212 injuries, and 1 494 kidnappings. This is a significant increase compared to 2023.

On March 11, 2024, Prime Minister Ariel Henry announced that he was stepping down, amid strong protests against the Haitian government, gangs and violence in Haiti. The Transitional Presidential Council, created in April 2024, is tasked with re-establishing the authority of the state and preparing for general elections. Similarly, since February 2024, the main gangs in Port-au-Prince have coordinated their violent acts under the banner of the Viv Ansanm coalition. In particular, this group has coordinated attacks on state institutions and symbols, with the support of political stakeholders and former members of the government, as part of efforts to topple the already fragile transitional government. The gangs became more violent, targeting government buildings and critical infrastructure. This exacerbated the security crisis and hampered political transition efforts in Haiti. They also increased illegal tolls and expanded their territorial control to increase their revenues. In addition, the Viv Ansanm coalition and affiliated gangs have considerably strengthened their military arsenal, making it easier to acquire weapons and ammunition to carry out coordinated attacks. This collusion between gangs and antigovernment political stakeholders seriously compromises the country’s stability and security.

The international community, as it deals with a situation that continues to deteriorate, took steps in October 2022 to limit the flow of financial support to those who commit violence in Haiti, primarily through Resolution 2653 from the United Nations Security Council (UNSC), which established a sanctions regime in Haiti. The regime includes a targeted arms embargo, a travel ban and an asset freeze on designated individuals and entities that are responsible for or complicit in actions that threaten the country’s peace, security and stability. The UNSC authorized a one-year renewal of the sanctions regime on October 19, 2023 (Resolution 2700), and again on October 18, 2024 (Resolution 2752). Resolution 2752 of October 18, 2024, which renewed the UN sanctions regime, also made significant changes to the regime, expanding the scope of the arms embargo to include arms and related materiel of all types, as well as technical, financial, training or other assistance related to military activities or the supply, manufacture, maintenance or use of arms and related materiel. Canada implements the UNSC sanctions regime under the Regulations Implementing the United Nations Resolutions on Haiti, made under the United Nations Act.

On November 4, 2022, in response to the situation in Haiti, Canada established an autonomous sanctions regime under the Special Economic Measures Act (SEMA). The Regulations allow sanctions to be imposed on persons who support or incite violence and who contribute to instability in Haiti, including those who finance, support or benefit from gang activities. Since the Regulations came into force, Canada has sanctioned 31 people under this regime.

Objective

The purpose of the Regulations Amending the Special Economic Measures (Haiti) Regulations (the amendments) is

• to pressure arms dealers and those who provide financial or logistical support to criminal gang members, as well as a gang leader who aims to destabilize the government, to stop the violence, human rights abuses and any other activity that compromises Haiti’s peace, security and stability; and
• to send a strong message to Haitians and the international community that impunity for such actions will not be tolerated.

Description

The amendments designate three (3) individuals who are now subject to a broad dealings ban. The individuals listed include a gang leader as well as two individuals who provide logistical support to criminal gangs and to political stakeholders that are aiming to overthrow the government. Therefore, there are reasonable grounds to believe that these individuals are involved in activities that, even indirectly, compromise the peace, security and stability of Haiti. One of the targeted individuals is also an associate of a person already sanctioned by Canada for gross and systematic human rights violations. As for the gang leader, there are reasonable grounds to believe that he has also participated in gross and systematic human rights violations in Haiti..

Individuals in Canada, as well as Canadians outside Canada, are prohibited from dealing in the property of listed persons, entering into transactions with them, providing services to them, transferring property to them, or otherwise making goods available to them. These measures also render the listed persons inadmissible to Canada under the Immigration and Refugee Protection Act (IRPA).

Under the Regulations, listed persons may apply to the Minister of Foreign Affairs to have their name removed from the list. Upon receipt of an application, the Minister must decide whether there are reasonable grounds to recommend the removal to the Governor in Council.

Regulatory development

Consultation

Global Affairs Canada holds regular discussions with stakeholders in Haiti, including civil society organizations and other like-minded governments, regarding Canada’s approach to support a solution to the crisis in Haiti, including the implementation of sanctions. For example, Canada chairs the United Nations Economic and Social Council’s Ad Hoc Advisory Group on Haiti and uses this forum to develop analyses and hold discussions with allies regarding the international community’s approach to Haiti and the coordinated international response to the economic and development challenges facing the country.

With respect to the amendments, public consultation on the persons being listed would not have been appropriate, as publicizing the names of the persons targeted by sanctions would have potentially resulted in asset flight prior to the coming into force of the amendments.

Modern treaty obligations and Indigenous engagement and consultation

An initial assessment of the geographical scope of the initiative was conducted and did not identify any modern treaty obligations, as the Regulations do not take effect in a modern treaty area.

Instrument choice

Regulations are the sole methods to enact sanctions in Canada. No other instrument could be considered.

Regulatory analysis

Benefits and costs

By taking these measures, Canada is sending a clear message to Haitians and to the international community that impunity will not be tolerated for violence, human rights violations and actions aimed at destabilizing the country. The amendments are in line with existing policy objectives aimed at responding to the humanitarian, security and political crises in Haiti. They also advance policy objectives focused on the promotion of human rights, democracy and the fight against impunity. Lastly, the amendments build on existing measures and strengthen Canada’s firm commitment to promoting regional peace and security. This work is being carried out in collaboration with the international community in order to support the Haitian authorities’ efforts to restore law and order.

The additional costs to the Government of Canada of administering and enforcing these additional prohibitions are minimal. Sanctions targeting specific individuals also have less impact on Canadian businesses than traditional broad-based economic sanctions and have little impact on Haitian citizens.

Based on an initial analysis of open-source information, it is believed that the individuals added to the list have limited ties to Canada and therefore do not have significant business relationships that are relevant to the Canadian economy. These amendments should therefore have no significant impact on Canadians or Canadian businesses.

Canadian banks and financial institutions are required to comply with the sanctions. To do so, they need to add the new prohibitions to their existing monitoring systems, which could entail a compliance cost.

Small business lens

With regard to the persons added to the schedule in the Regulations, an analysis carried out from a small business lens concluded that the amendments may have an impact on Canadian small businesses. The Regulations prohibit Canadian businesses from dealing with the listed persons, providing services to them, or otherwise making goods available to them, but do not create any direct administrative obligations on businesses in this respect. Although Canadian businesses can apply for permits under the Regulations, these are granted on an exceptional basis. Global Affairs Canada does not anticipate any applications resulting from listing these individuals. This requirement would therefore entail no additional administrative burden. Canadian small businesses are also subject to the duty to disclose under the Regulations, which would represent a direct compliance requirement. However, as the newly listed persons have few known ties to Canada, Global Affairs Canada does not anticipate any disclosures resulting from the amendments.

One-for-one rule

The one-for-one rule does not apply, as there is no change in the administrative burden on business. The permitting process for businesses meets the definition of “administrative burden” in the Red Tape Reduction Act. However, although permits may be granted on an exceptional basis under the Regulations, Global Affairs Canada does not anticipate any permit applications resulting from these amendments, since the listed persons have limited trade ties with the Canadian economy.

Regulatory cooperation and alignment

The amendments are not related to a work plan or commitment under a formal regulatory cooperation forum. However, these measures are consistent with actions taken by Canada’s allies and partners, and with UNSC resolutions.

International obligations

Compliance with Canada’s international commitments was considered in the development of this proposal.

Effects on the environment

The amendments are unlikely to result in important environmental effects. In accordance with the Cabinet Directive on Strategic Environmental and Economic Assessment (SEEA Directive), a preliminary scan concluded that a SEEA is not required.

Gender-based analysis plus

The issue of economic sanctions has previously been the subject of an assessment for its impact on gender and diversity. Although intended to encourage a change in behaviour by exerting economic pressure on individuals and entities in foreign states, sanctions under the SEMA may nevertheless have an unintended impact on certain vulnerable groups and individuals. Rather than targeting all Haitians, these targeted sanctions would directly affect the listed persons only. As a result, these sanctions are unlikely to have a significant negative indirect effect on vulnerable groups, compared with traditional large-scale economic sanctions that target a state. In addition, they limit collateral effects to those who depend on the designated persons.

Implementation, compliance and enforcement, and service standards

Implementation

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

As a result of being listed under the Regulations and pursuant to the application of paragraph 35.1(b) of the IRPA, listed persons are inadmissible to Canada.

The names of the listed persons will be available online for financial institutions to review and will be added to the Consolidated Canadian Autonomous Sanctions List. This will help facilitate compliance with the Regulations.

Global Affairs Canada’s Trade Commissioner Service will continue to help clients understand Canada’s sanction regulations, including their impact on all activities involving Canadians, both abroad and in Canada. Global Affairs Canada is also stepping up its awareness-raising efforts across Canada — particularly with businesses, universities and provincial and territorial governments — to strengthen awareness of and compliance with Canadian sanctions at a national level.

Compliance and enforcement

Under the SEMA, officers of the Royal Canadian Mounted Police and the Canada Border Services Agency have the authority to enforce the Regulations for violations of sanctions in accordance with their powers as defined in the Customs Act, the Excise Act or the Excise Act, 2001, and sections 487 to 490, 491.1 and 491.2 of the Criminal Code.

In accordance with section 8 of the SEMA, every person who willfully contravenes or fails to comply with the Regulations is guilty of an offence punishable on summary conviction and is liable to a fine not exceeding $25,000 or to imprisonment for a term not exceeding one year, or to both; or is guilty of an indictable offence and is liable to imprisonment for a term not exceeding five years.

Contact

Sanctions Bureau
Global Affairs Canada
125 Sussex Dr.
Ottawa, Ontario
K1A 0G2
Toll-free telephone: 1‑833‑352‑0769
Telephone (local call): 343‑203‑3975
Fax: 613‑995‑9085
Email: sanctions@international.gc.ca