International Anti-Corruption and Human Rights Act (Sergei Magnitsky Law No. 3)

This bill makes several changes to Canada's foreign affairs and sanctions laws. First, it requires the Minister of Foreign Affairs to publish an annual report describing what Canada has done internationally to advance human rights and support "prisoners of conscience" (people detained solely for their identity or beliefs) and human rights defenders, with the first report due within a year of the provision taking effect.

Second, it amends the Magnitsky Law (the Justice for Victims of Corrupt Foreign Officials Act) so that "transnational repression" — tactics used by foreign states to intimidate, harass, surveil, or harm people like dissidents, journalists, activists, and diaspora members outside their borders — becomes grounds for Canada to sanction a foreign national, alongside existing grounds like human rights violations. It also lets sanctions apply to foreign nationals whose activities threaten international peace, security, or stability. The bill requires that any sanctions-related orders be tabled in Parliament, sets firmer timelines for the government to seize and dispose of sanctioned property, and increases the maximum penalty for violating the law to a $100,000 fine and/or three years in prison.

Third, it renames the Special Economic Measures Act to the "Global Sanctions and Special Economic Measures Act (Sergei Magnitsky Law No. 2)" and makes similar changes: adding transnational repression as grounds for sanctions, requiring sanctions orders to be tabled in Parliament, and raising the maximum penalty to match the other law ($100,000 fine and/or three years in prison). Because the underlying law's name changes, the bill also updates references to it throughout numerous other federal laws and regulations so they still point to the correct statute.

This bill amends three existing laws to add new grounds for sanctioning foreign nationals (including "transnational repression"), require the Foreign Affairs Minister to publish an annual human rights report, set deadlines for disposing of forfeited seized property, require sanctions orders to be tabled in Parliament, increase certain penalties, and rename the Special Economic Measures Act.

• New sanctionable conduct — under both the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) and the Special Economic Measures Act, the Governor in Council (Cabinet) may impose sanctions on a foreign national found to have committed "transnational repression" (a newly defined term covering intimidation, harassment, surveillance or threats against people outside a state's borders) or to have "engaged in activities that undermine or are likely to undermine international peace, security or stability" — a discretionary judgment made by Cabinet, with no further criteria specified in the bill.
• Minister's reporting duty — the Minister of Foreign Affairs must publish, at least once a year, a report outlining measures taken to advance human rights and support "prisoners of conscience" and human rights defenders abroad, with the first report due within 12 months of the provision taking effect; there is no penalty specified for late or inadequate reports.
• Forfeiture timeline for seized property — the Minister must apply for forfeiture of private property seized under a sanctions order within 24 months (unless legal proceedings are ongoing) and must dispose of forfeited property within 30 days, timelines that did not previously exist in this form.
• Parliamentary tabling — copies of sanctions-related orders and regulations made under both Acts must now be tabled in each House of Parliament (within 15 days, or within 5 sitting days under the renamed Special Economic Measures Act), giving Parliament visibility into individual sanctions decisions, though tabling carries no vote or approval requirement.
• Penalties — the summary conviction penalty under both Acts is set at a fine of not more than $100,000 or imprisonment of not more than three years, or both, an increase from the prior punishment levels.
• Renaming and consequential updates — the Special Economic Measures Act is renamed the "Global Sanctions and Special Economic Measures Act (Sergei Magnitsky Law No. 2)," with the new name substituted throughout numerous other statutes and regulations listed in the bill, and its stated purpose section is rewritten to include response to international organizations' calls for sanctions.