The Special Economic Measures (Extremist Settler Violence) Regulations, registered as SOR/2024-91 in the Canada Gazette on May 16, 2024, represent the Canadian government’s response to the escalating violence inflicted by Israeli extremist settlers against Palestinian civilians in the occupied Palestinian territories (oPt). These regulations are rooted in the Special Economic Measures Act (SEMA), which permits Canada to impose sanctions under specific circumstances, particularly in cases of grave breaches of international peace and security.

The backdrop for these regulations includes the ongoing and intensifying violence perpetrated by extremist settlers, with over 400 incidents reported between October 2023 and January 2024, following the October 7 attacks by Hamas on Israel. This violence encompasses armed assaults, vandalism, property damage, and the forced displacement of Palestinians, all of which threaten the viability of a two-state solution and pose significant risks to regional stability. The Fourth Geneva Convention applies to these occupied territories, imposing accountability on Israel for the humane treatment of local populations, while previous UN Security Council resolutions categorize all Israeli settlements in the oPt as violations of international law.

Within the regulatory framework, a “listed person” is defined as someone believed to be engaged in activities that support or facilitate extremist violence against Palestinian civilians or their property. This definition extends to associates and family members of such individuals, as well as entities they control.

Under these regulations, it is prohibited for anyone in Canada, or Canadians abroad, to deal with property owned or controlled by listed persons, facilitate transactions linked to them, provide financial services or goods to these individuals, or engage in activities that assist or facilitate prohibited actions. However, exceptions exist for payments under existing contracts, certain loan repayments, and necessary financial services for legal representation regarding these regulations.

Entities such as banks and financial institutions have the obligation to continually assess whether they possess property owned by listed persons and to disclose any relevant information to the Royal Canadian Mounted Police (RCMP) or the Canadian Security Intelligence Service (CSIS). Good-faith disclosures made under these requirements are granted immunity from legal repercussions.

Individuals listed may apply to the Minister for removal from the schedule, and the Minister will assess whether reasonable grounds exist to recommend their removal to the Governor in Council. Additionally, individuals who share names with listed persons may apply for a certificate to clarify their identity.

By implementing economic measures against individuals involved in extremist violence, Canada asserts its position on international law, human rights, and the importance of pursuing peace in a volatile region.

Canada (SOR/2024-91) June 5, 2024