Documentation · Canada

Magnitsky Law (JVCFOA)

The Justice for Victims of Corrupt Foreign Officials Act (the Sergei Magnitsky Law) lets Canada impose targeted restrictions on foreign nationals linked to gross human rights violations or significant corruption. Businesses in Canada must not deal with listed persons, must check whether they hold their property, and must disclose what they find without delay.1

Not legal advice. This page summarizes official Canadian government sources as of 2026-10-10. It does not replace the Act, the Regulations or advice from a lawyer. Global Affairs Canada makes the same point.5

What it is

The Act received Royal Assent on 18 October 2017 as S.C. 2017, c. 21.1 It gives the Governor in Council power to restrict or prohibit activity with a foreign national who is listed in regulations. A foreign national is an individual who is neither a Canadian citizen nor a permanent resident.1 The first listing regulations, SOR/2017-233, were registered on 3 November 2017.2

The Minister of Foreign Affairs administers and enforces the Act.1 The Royal Canadian Mounted Police (RCMP) and the Canada Border Services Agency (CBSA) enforce sanctions measures.3

Who can be listed

A foreign national can be listed if the Governor in Council considers that the person has done one of the following:1

  • Is responsible for, or complicit in, extrajudicial killings, torture or other gross violations of internationally recognized human rights against people who expose illegal activity by foreign public officials, or who seek to exercise human rights and freedoms.
  • Acts as an agent of, or on behalf of, a foreign state in a matter covered by the point above.
  • Is a foreign public official, or an associate of one, who is responsible for or complicit in acts of significant corruption. Examples include bribery, misappropriation of public or private assets for personal gain, and transferring the proceeds of corruption abroad.
  • Has materially assisted, sponsored, or provided financial, material, technological, goods or services in support of either of the above.

In the regulations, a listed person is an individual named in the Schedule. The regulation states that the individual is considered to have committed one of the acts listed in the Act.2

Who it applies to

The prohibitions apply to any person in Canada and to any Canadian outside Canada. "Canadian" covers citizens and corporations incorporated or continued under the laws of Canada or of a province.1, 2 A Canadian business with only domestic clients is covered.

The Act also deems ownership. If a foreign national controls an entity (other than a foreign state), property owned, held or controlled by that entity is treated as owned by the foreign national. Control includes holding 50% or more of the shares or voting rights, being able to change the board, or being able to direct the entity's activities.1

What it requires of a business

Prohibitions

Under the Act, the restricted activities are dealing in the listed person's property; entering into or facilitating financial transactions connected with that property; providing financial or other services to, for the benefit of, or on the direction of the listed person; acquiring services for the benefit of the listed person; and making property available to the listed person or to someone acting for them.1 The Regulations prohibit any person in Canada or any Canadian outside Canada from engaging in these activities when the activity involves an individual named in the Schedule.2

Duties to determine and disclose

  • Determine (section 6). Banks, credit unions, insurers, trust and loan companies, and securities dealers, among others, must determine on a continuing basis whether they hold property they have reason to believe belongs to a listed foreign national.1
  • Report to the regulator (section 7(1)). Those entities must disclose the holding without delay, and every three months after that, to their principal federal or provincial regulator. The disclosure must state the fact of the holding, the number of persons or dealings involved, and the total value.1
  • Report to the RCMP or CSIS (section 7(2)). Every person in Canada and every Canadian outside Canada must disclose without delay to the RCMP Commissioner or the Director of CSIS if they have reason to believe property in their possession or control belongs to a listed person. They must also report any information about a transaction or proposed transaction involving that property.1
  • Good-faith protection. No proceedings lie for a disclosure made in good faith under section 7(1) or 7(2).1 A person who takes reasonable steps to comply is not liable in civil action for those steps (section 12).1
  • Information requests (section 7.3). The Minister of Foreign Affairs may require any person to provide relevant information, and the person must comply within the time and in the form the Minister specifies.1

Record-keeping and due diligence

The Act does not set a record-retention period. Global Affairs Canada recommends that businesses document their due diligence assessments, decisions and any legal advice. Documented steps help show that reasonable due diligence was carried out.5

Penalties

RouteMaximum penalty
Indictable offence (knowingly contravening or failing to comply with a regulation)Imprisonment up to 5 years (section 11(a))1
Summary conviction (same conduct)Fine up to $25,000, or up to 1 year in prison, or both (section 11(b))1
Failure to report suspected sanctions evasion, for reporting entities under the PCMLTFAFine up to $1,000,000 on summary conviction, under section 77(1) of the PCMLTFA, as cited by Global Affairs Canada5

Reporting entities under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (PCMLTFA) must also report suspected sanctions evasion to FINTRAC as soon as practicable once they have reasonable grounds to suspect it.5

The official lists

  • The Schedule to SOR/2017-233. This is the legal list for the Act. Names are added or removed by amending regulation. The regulation's history shows amendments in 2018 and 2023.2, 1
  • The Consolidated Canadian Autonomous Sanctions List. Global Affairs Canada publishes this combined list in HTML, PDF and XML. It includes persons listed under the Special Economic Measures Act and the JVCFOA. The page states that the list is for administrative purposes only, is not a regulation and does not have force of law. Last updated on 22 September 2026, according to the page.4
  • The UN Security Council Consolidated List. This is a separate list for UN measures. It is not part of the JVCFOA.3

Always check the regulation in which a person is listed to confirm which prohibitions apply. The combined list does not show that.4

How it relates to SEMA

The Special Economic Measures Act (SEMA) lets Canada act on four grounds: a decision of an international organization, a grave breach of international peace and security, gross and systematic human rights violations in a foreign state, and significant corruption by a foreign public official or associate. SEMA measures can be taken against a foreign state or a foreign national.3 The JVCFOA allows targeted measures against foreign nationals, independent of state-related sanctions. It covers gross human rights violations and significant corruption.3

The two acts overlap in subject matter, and both feed the same consolidated list. The JVCFOA also amended SEMA and the Immigration and Refugee Protection Act as part of its related amendments.1 A person can be listed under one act, the other, or both, so check the regulation that lists them.4

How Crown Intelligence covers it

Crown Intelligence loads the JVCFOA Schedule as its own register, built from the official regulation. The register is searchable, and each record shows the register it came from. Counts below are live from the source register, so they change as the register is refreshed. The official Schedule and consolidated list always prevail over our copy.

RegisterTypeRecordsLast run
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The SEMA regulations are loaded as separate registers per regime. Use the SEMA sources list to see them all, or the JVCFOA sources list to see this register.

Data for Crown Intelligence is hosted in Canada.

Practical checklist

  1. Subscribe to the Global Affairs Canada sanctions email feed so you hear about amendments.8
  2. Screen clients, owners, counterparties, intermediaries and payees against the consolidated list and the JVCFOA Schedule.4, 5
  3. Check indirect links: associates, family members, legal representatives, subsidiaries, parent companies and intermediary banks.5
  4. Apply the 50% control test to ownership structures, as in section 2.01 of the Act.1
  5. Decide whether you hold property that you have reason to believe belongs to a listed person. If so, stop the restricted activity and disclose to the RCMP or CSIS without delay.1
  6. If you are a section 6 entity, set a quarterly reporting cycle to your principal regulator.1
  7. Write down each assessment, decision and piece of advice you rely on.5
  8. Review the red flags that Global Affairs Canada lists for sanctions evasion.7
  9. Keep a process ready for mistaken-identity claims and for delisting requests.6

Frequently asked questions

Does the JVCFOA apply if my business deals only in Canada?

Yes. The prohibitions apply to any person in Canada, so domestic dealings with a listed person are covered.1, 2

Is the consolidated list the law?

No. Global Affairs Canada states that the consolidated list is for administrative purposes only and is not a regulation. The regulation that lists a person sets which prohibitions apply.4

What is the difference between the JVCFOA and SEMA for screening?

Both feed the same consolidated list. SEMA covers broader state-related measures. The JVCFOA targets foreign nationals responsible for gross human rights violations or significant corruption. Check the regulation that lists each person to see what applies.3

A person with my name is listed. What can I do?

You can apply in writing to the Minister of Foreign Affairs for a certificate of mistaken identity. The Minister must either issue the certificate or give notice of the determination within 45 days of receiving the application.1, 6

How does a listed person get removed?

A listed person can apply to the Minister of Foreign Affairs to be removed. The Minister must decide within 90 days of receiving a section 8 application.1 If the application is refused, the applicant can seek judicial review. A new application needs a material change in circumstances.6

Must I report property I hold for a listed person?

Yes, if you have reason to believe the property is owned, held or controlled by a listed person. Disclosure goes without delay to the RCMP Commissioner or the Director of CSIS. Entities named in section 6 also report to their principal regulator every three months.1

Sources

  1. Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law), S.C. 2017, c. 21. Justice Laws Website. https://laws-lois.justice.gc.ca/eng/acts/J-2.3/FullText.html. Current to 2026-09-21 per the site. Read 2026-10-10.
  2. Justice for Victims of Corrupt Foreign Officials Regulations, SOR/2017-233. Justice Laws Website. https://laws-lois.justice.gc.ca/eng/regulations/SOR-2017-233/FullText.html. Current to 2026-09-21 per the site. Read 2026-10-10.
  3. Canadian sanctions legislation. Global Affairs Canada. https://www.international.gc.ca/world-monde/international_relations-relations_internationales/sanctions/legislation-lois.aspx?lang=eng. Date modified 2025-07-28 per the page. Read 2026-10-10.
  4. Consolidated Canadian Autonomous Sanctions List. Global Affairs Canada. https://www.international.gc.ca/world-monde/international_relations-relations_internationales/sanctions/consolidated-consolide.aspx?lang=eng. Last updated 22 September 2026 per the page. Read 2026-10-10.
  5. Canadian sanctions: Essential information. Global Affairs Canada. https://www.international.gc.ca/world-monde/international_relations-relations_internationales/sanctions/essential-informations-essentielles.aspx?lang=eng. Read 2026-10-10.
  6. Listed persons, mistaken identity and delisting. Global Affairs Canada. https://www.international.gc.ca/world-monde/international_relations-relations_internationales/sanctions/listed_persons-personnes_inscrites.aspx?lang=eng. Date modified 2025-11-26 per the page. Read 2026-10-10.
  7. Canadian sanctions: Information and guidance. Global Affairs Canada. https://www.international.gc.ca/world-monde/international_relations-relations_internationales/sanctions/guidance-orientation.aspx?lang=eng. Date modified 2026-03-16 per the page. Read 2026-10-10.
  8. Canadian sanctions. Global Affairs Canada. https://www.international.gc.ca/world-monde/international_relations-relations_internationales/sanctions/index.aspx?lang=eng. Date modified 2026-10-09 per the page. Read 2026-10-10.

Last updated 2026-10-10