The Special Economic Measures Act (SEMA) is one of Canada's principal autonomous sanctions statutes, enacted in 1992. It empowers the Governor in Council (i.e., the federal Cabinet) to impose economic sanctions against foreign states, nationals of those states, and other persons through regulations and orders.
Sanctions under SEMA may be triggered on one of several grounds: a call by an international organization (such as the UN or a coalition of like-minded states) for collective action; a grave breach of international peace and security that has resulted or is likely to result in a serious international crisis; gross and systematic human rights violations in a foreign state; or acts of significant corruption involving a national of a foreign state. The last two grounds were added by amendments in 2017 alongside the Justice for Victims of Corrupt Foreign Officials Act (Canada's Magnitsky law).
Measures available under SEMA include asset freezes, prohibitions on dealings with listed persons, restrictions on imports and exports, bans on the provision of financial or other services, and prohibitions on Canadian-flagged vessels and aircraft. Listed individuals are also inadmissible to Canada under the Immigration and Refugee Protection Act.
SEMA has been used to impose sanctions regimes against, among others, Russia (extensively expanded after the 2014 annexation of Crimea and again following the February 2022 full-scale invasion of Ukraine), Belarus, Myanmar, Iran, Syria, Venezuela, Zimbabwe, South Sudan, Nicaragua, Haiti, and Sri Lanka. Global Affairs Canada administers the listings, while enforcement is carried out by the RCMP and the Canada Border Services Agency.
A 2023 amendment to SEMA introduced a forfeiture and disposal regime allowing the Attorney General to seek court orders to seize and repurpose assets of sanctioned persons — a notable expansion among G7 jurisdictions. Parliamentary committees, including the Standing Committee on Foreign Affairs and International Development (FAAE), periodically review SEMA's operation and have flagged concerns about transparency, due process for delisting, and enforcement capacity.
Example
In February 2022, Canada used SEMA to sanction hundreds of Russian individuals and entities following Russia's full-scale invasion of Ukraine, including members of the State Duma and major banks.
Frequently asked questions
The United Nations Act implements binding UN Security Council sanctions in Canadian law, while SEMA enables Canada to impose autonomous sanctions independent of a UNSC decision, including against permanent members like Russia.
Keep learning