Lawyers argue Liberals proposal to clarify sanctions regime does the opposite – Toronto Star
OTTAWA - Reforms in the federal budget bill that seek to clarify Canadas sanctions regime will actually have the opposite effect, warn The Canadian Bar Association and a lawyer helping firms navigate the rules.
From the perspective of assisting Canadian businesses doing business with Russia the legislation is flawed, in that it is incomplete and lacks clarity, saidWilliam Pellerin, an Ottawa-based trade lawyer with the firm McMillan LLP.
The Liberals are proposing changes that would specify which entities are barred from doing business with Canadians, such as companies that are 50 per cent or more owned by someone whom Ottawa has sanctioned.
While thatchange puts Canada in line with its allies, Pellerin argued many of theother proposals are too vague.
Maybe the governments intention here is to make the legislation unworkable for Canadian businesses. And if thats the case, then theyre accomplishing their objective, he said in an interview.
If, on the other hand, the purpose of the legislation is to provide clarity and ensure that Canadian businesses are competitive with their U.S. and EU counterparts, then the legislation fails.
Pellerin noted that another part of the bill targets foreigners who can direct a companys activities directly or indirectly, and through any means, which he said will be too difficult for companies to track.
The legislation also doesnt seem to clarify if an entity is barred when its ownership involves more than one sanctioned person who together pass the threshold of 50 per cent ownership, he said.
Click to expand
In a brief to the House finance committee, the Canadian Bar Association said the current phrasing is highly subjective and may lead to inconsistent outcomes.
For example, if a sanctioned person has the ability to vote on the composition of a corporations board, or can appoint just one of 12 board members, that would likely bar the company from commerce with Canadians under the proposed amendments.
Pellerin noted that Britains legislation is more constrained, such that a company would only be affected if a sanctioned person holds 50 per cent of a corporations voting rights or the ability to control a majority of a corporations board appointments.
The new rules would create more uncertainty and penalize Canadian entities seeking to comply with rules that arent as clear as those in other countries, the bar association said.
The amendments do not increase the predictability and certainty of Canadas sanction regime. Rather, they cause further confusion and compliance challenges, its brief said, adding it demanded clarity long before the Liberals tabled their budget in late March.
To date, no guidance has been issued by Global Affairs Canada despite repeated and long-standing requests from the (association), trade lawyers and the business community, read the brief.
In a Friday statement, the department said it is closely reviewing the points raised by both Pellerin and the CBA.
The government of Canada is committed to mitigating the impacts of Canadas sanctions legislation on Canadas business community and supporting effective implementation of sanctions, wrote spokesman Grantly Franklin.
He added that the proposed changes aim to clarify certain provisions, make processes more efficient, increase information-sharing and tighten Canadas sanctions regime.
Pellerin assists companies navigate Canadian sanctions, particularly involving Russia. At times, that includes global mining or energy corporations that have worked for years in both countries, given their similar terrain.
Other clients are finding it hard to do business even with companies that sit far away from Russia, he said, such as in Gulf states. They might only learn those companies are partly owned by a Russian oligarch when a transaction gets blocked.
No one wants to see Russia succeed with its further invasion of Ukraine. I think thats a key point here, he stressed.
Less-contested changes in the bill involve making permanent the ongoing temporary withdrawal of Russia and Belarus from preferential tariffs, meaning goods from those countries would remain subject to a 35 per cent tariff.
The amendments would also clarify that an unused law to forfeit sanctioned assets can be used against all sanctioned people and not just those who are Russian citizens, and broaden the phrasing of sanctions law to include not just goods but property in general.
The bill would also allow Canada to sanction foreigners who are citizens of countries that Ottawa hasnt yet targeted for sanctions.
Currently, the government must undertake a regulatory process to add a country to the sanctions regime if any of its citizens are to be sanctioned. It has had to undertake that process in order to target Moldovans who have assisted Russias war effort.
The amendment would allow Canada to list any non-Canadian without assessing an entire country. This means it could, for example, sanction an American who aided Moscow.
There has been a historic uptick in the number of individuals and corporations Ottawa has sanctioned recently in response to Russias invasion of Ukraine, as well as to human-rights crackdowns in Iran and gang violence in Haiti.
This week, the Senates foreign-affairs committee called on Ottawa to clarify the reasons it issues sanctions and improve the ways it assesses whether financial embargoes and travel bans are actually working.
The senators called for more transparency around the obligations of Canadian businesses, how Ottawa chooses who to target and what people can do to appeal sanctions.
The senators noted that Canada provides less guidance than its allies on how companies are supposed to follow the rules, though some of the budget bills measures would address that concern.
This report by The Canadian Press was first published May 19, 2023.
Read more from the original source:
Lawyers argue Liberals proposal to clarify sanctions regime does the opposite - Toronto Star
- Liberals' fiscal watchdog nominee vows to hold government's 'feet to the fire' - CBC - March 26th, 2026 [March 26th, 2026]
- For the good of the country, Liberals and Conservatives must work together - University of Calgary - March 26th, 2026 [March 26th, 2026]
- Slovenias ruling liberals win slim lead over conservatives - TVP World - March 26th, 2026 [March 26th, 2026]
- Pauline Hanson wants to work with Liberals and Nationals to defeat Labor but rules out official coalition - The Guardian - March 26th, 2026 [March 26th, 2026]
- Liberals, NDP defeat Tory bill on parole reform at second reading - Western Standard - March 26th, 2026 [March 26th, 2026]
- The Liberals SA implosion could happen on the federal level - The New Daily - March 26th, 2026 [March 26th, 2026]
- In South Australia One Nation surges and the Liberals slide but the shake-up has limits - Pearls and Irritations - March 26th, 2026 [March 26th, 2026]
- For the Liberals, the SA election will be both an end and a beginning - Australian Broadcasting Corporation - March 26th, 2026 [March 26th, 2026]
- Canadas Liberals closer to a majority government after another opposition defection - AP News - March 11th, 2026 [March 11th, 2026]
- Byelections could tip Liberals to a majority will it matter in dealing with Trump? - National Post - March 11th, 2026 [March 11th, 2026]
- Conservative Wisconsin Supreme Court justice is retiring, giving liberals chance to expand majority - Yahoo - March 11th, 2026 [March 11th, 2026]
- Canada's Liberals closer to a majority government after another opposition defection - abcnews.com - March 11th, 2026 [March 11th, 2026]
- Conservative Wisconsin Supreme Court justice is retiring, giving liberals chance to expand majority - AP News - March 11th, 2026 [March 11th, 2026]
- NDP MP Lori Idlout switches allegiance to the Liberals, inching Carney nearer to a majority. - stl.news - March 11th, 2026 [March 11th, 2026]
- Hundreds of Muslim organizations tell Liberals they oppose anti-hate bill - National Post - March 11th, 2026 [March 11th, 2026]
- NDP MP Lori Idlout to cross the floor to Liberals - Toronto Star - March 11th, 2026 [March 11th, 2026]
- Liberals, Bloc force Bill C-9 Combating Hate Act through objections to removal of religious text defence continue - Catholic Saskatoon News - March 11th, 2026 [March 11th, 2026]
- Canada's Liberals closer to a majority government after another opposition defection - guardonline.com - March 11th, 2026 [March 11th, 2026]
- New Spark poll has the Liberals opening big lead over the Conservatives, making up ground in Alberta and Saskatchewan - iPolitics - March 11th, 2026 [March 11th, 2026]
- The National | NDP MP joining Liberals - CBC - March 11th, 2026 [March 11th, 2026]
- In the news: Nunavut MP Idlout join Liberals, Carney edges closer to majority - Penticton Herald - March 11th, 2026 [March 11th, 2026]
- How a byelection in Quebec could help the Liberals win a majority government - CBC - March 11th, 2026 [March 11th, 2026]
- Rebuilding the Young Liberals of Canada: Why its time for a Renaissance - iPolitics - March 11th, 2026 [March 11th, 2026]
- NDP MP Lori Idlout Defects to Liberals, Narrowing Gap to Majority - thedeepdive.ca - March 11th, 2026 [March 11th, 2026]
- Nunavut MP Lori Idlout crosses floor from NDP to Liberals - EverythingGP - March 11th, 2026 [March 11th, 2026]
- CTV National News: NDP MP Lori Idlout crosses the floor to the Liberals - CTV News - March 11th, 2026 [March 11th, 2026]
- Gwen Stefanis Maga Barbie transformation has infuriated liberals - Yahoo - March 9th, 2026 [March 9th, 2026]
- Carney calls byelection in riding that could give Liberals a majority - MSN - March 9th, 2026 [March 9th, 2026]
- Moira Deeming, an eight-minute meeting and the latest flashpoint in the battle within the Victorian Liberals - The Guardian - March 9th, 2026 [March 9th, 2026]
- Liberals move to end Conservative filibuster over religious exemption to hate speech laws - The Globe and Mail - March 9th, 2026 [March 9th, 2026]
- Will the Liberals gain a majority from the upcoming three byelections? - CTV News - March 9th, 2026 [March 9th, 2026]
- SA Liberals to preference One Nation over ALP as Bernardi comments condemned - ABC News - March 9th, 2026 [March 9th, 2026]
- If liberals want to beat populism, they need to get tough heres how - The Times - March 7th, 2026 [March 7th, 2026]
- Its not only the election review the Liberals want to keep hidden - The Guardian - March 7th, 2026 [March 7th, 2026]
- Andrew Griffith: The stakeholders who cheered on the Liberals' devastating immigration expansion - National Post - March 7th, 2026 [March 7th, 2026]
- The election review the Liberals didnt want you to see Full Story podcast - The Guardian - March 7th, 2026 [March 7th, 2026]
- Zempilas tells right-wing conference Liberals must win back 'lost Australians' - Australian Broadcasting Corporation - March 7th, 2026 [March 7th, 2026]
- The Liberals have muzzled the federal fiscal watchdog - The Globe and Mail - March 7th, 2026 [March 7th, 2026]
- Conservatives underestimate the environmental impact of sustainable behaviors compared to liberals - PsyPost - March 7th, 2026 [March 7th, 2026]
- Liberals place motion on notice paper to speed up Bill C-9 - iPolitics - March 7th, 2026 [March 7th, 2026]
- Liberals reach 49% voter support and the party's biggest lead in 10 years: Leger poll - Yahoo News Canada - March 7th, 2026 [March 7th, 2026]
- Liberals to cut CBC by $192-million in 2026-27 - The Hill Times - March 7th, 2026 [March 7th, 2026]
- The real problem facing Church of England liberals - The Spectator - March 7th, 2026 [March 7th, 2026]
- What are Labor and the Liberals offering for you this SA election? - Australian Broadcasting Corporation - March 7th, 2026 [March 7th, 2026]
- The stakeholders who cheered on the Liberals' devastating immigration expansion: Andrew Griffith in the National Post - The Macdonald-Laurier... - March 7th, 2026 [March 7th, 2026]
- Liberals going digital to bring new life to party brand - The Canberra Times - March 7th, 2026 [March 7th, 2026]
- The rise (and rise again) of the zombie liberals - Prospect Magazine - March 4th, 2026 [March 4th, 2026]
- All about choice? Liberals move childcare battlelines to vouchers for nannies and grandparents - The Guardian - March 4th, 2026 [March 4th, 2026]
- Bell: Carney goes squishy on strikes at Iran as poll shows Liberals hate them - Calgary Herald - March 4th, 2026 [March 4th, 2026]
- Quebec Liberals call for suspension of constitution process until after election - Montreal Gazette - March 4th, 2026 [March 4th, 2026]
- Support for sovereignty nosedives, leaving Quebec Liberals and PQ in dead heat: poll - Yahoo News Canada - March 4th, 2026 [March 4th, 2026]
- Liberals and Conservatives get it wrong on nominations in held ridings, yet again - The Hill Times - March 4th, 2026 [March 4th, 2026]
- Afternoon Update: Trumps war on Iran under fire; PM tables Liberals leaked election review; and how to see the blood moon eclipse - The Guardian - March 4th, 2026 [March 4th, 2026]
- Liberals idea of diversity - The College Fix - March 4th, 2026 [March 4th, 2026]
- Jamie Sarkonak: Even Liberals know their immigration plan, and minister, are duds - Yahoo News Canada - March 4th, 2026 [March 4th, 2026]
- The Climate Cant Wait for the Liberals to Take it Seriously - tasgreensmps.org - March 4th, 2026 [March 4th, 2026]
- Going once, going twice, sold! What's on offer this election from Labor and Liberals to fix the housing crisis - Australian Broadcasting Corporation - March 4th, 2026 [March 4th, 2026]
- Hope and no worries after poll shows narrowing gap between Quebec Liberals and PQ - Montreal Gazette - February 27th, 2026 [February 27th, 2026]
- Liberals move forward with nominations as election talk ramps up - The Globe and Mail - February 27th, 2026 [February 27th, 2026]
- Crunching the numbers needed for the Liberals to move from minority to majority - iPolitics - February 27th, 2026 [February 27th, 2026]
- Liberals ascend to 13-point lead in vote intention as Canadians continue to demand hard line on U.S. trade - Angus Reid Institute - February 27th, 2026 [February 27th, 2026]
- Liberals' omnibus budget bill passes final hurdle in the House of Commons - CBC - February 27th, 2026 [February 27th, 2026]
- Four years on: Liberals stand up for Ukraine stronger than ever - ALDE Party - February 27th, 2026 [February 27th, 2026]
- Carney and Liberals open widest lead over Poilievre Conservatives in wake of tariff threats and Conservative defection. (Nanos) Nanos Research -... - February 27th, 2026 [February 27th, 2026]
- Opposition parties back changes to status rules in Indian Act, Liberals say not yet - The Spec - February 27th, 2026 [February 27th, 2026]
- Carneys Liberals Take Another Step Toward a Majority Government - Bloomberg - February 20th, 2026 [February 20th, 2026]
- Another Canadian Conservative lawmaker defects to Carneys governing Liberals - AP News - February 20th, 2026 [February 20th, 2026]
- Opinion | Liberals exploited public housing. That must stop. - The Washington Post - February 20th, 2026 [February 20th, 2026]
- Liberals extend Inuit Child First Initiative for 1 year, again - Nunatsiaq News - February 20th, 2026 [February 20th, 2026]
- Conservative MP Matt Jeneroux crosses floor to Liberals - The Globe and Mail - February 20th, 2026 [February 20th, 2026]
- Liberals add third Conservative floor-crosser, setting up potentially decisive byelections - iPolitics - February 20th, 2026 [February 20th, 2026]
- Edmonton Riverbend community reacts to MP joining Liberals - MSN - February 20th, 2026 [February 20th, 2026]
- A 3rd floor-crosser puts Liberals on brink of majority. Are more coming? - CBC - February 20th, 2026 [February 20th, 2026]
- How Ontario Liberals hope to exit political wilderness when they elect new leader in November - CBC - February 20th, 2026 [February 20th, 2026]
- Video: Carney meets with Jeneroux after Alberta MP leaves Conservatives to join Liberals - The Globe and Mail - February 20th, 2026 [February 20th, 2026]
- Conservative MP Matt Jeneroux crosses the floor to the Liberals - National Post - February 20th, 2026 [February 20th, 2026]
- EXCLUSIVE POLL: Carney Liberals on the heels of Conservatives in Alberta - Western Standard - February 20th, 2026 [February 20th, 2026]
- Whats Behind the Centrists Resistance to the Resistance Liberals? - The New Republic - February 18th, 2026 [February 18th, 2026]
- Liberals clash over AOC's word salad on Taiwan, arguing 'that answer was terrible and you know it - Yahoo - February 18th, 2026 [February 18th, 2026]
- Sussan Ley is todays scapegoat - but she was never the Liberals core problem | Tony Barry - The Guardian - February 18th, 2026 [February 18th, 2026]