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Canada Eases Asset Seizure Rules for Foreign States

An Act to amend the Special Economic Measures Act (disposal of foreign state assets)

Summary

  • Allows the Governor in Council to order the forfeiture and disposal of assets owned or controlled by a foreign state that are already seized or restrained under the Special Economic Measures Act, without needing a court order.
  • Moves foreign state assets out of the court-based forfeiture path (section 5.4) by adding a prohibition in 5.4(1.1) and creating a new executive forfeiture route (section 5.41).
  • Ensures costs related to seizure, restraint, and disposal are recoverable from the asset owner and extends existing rules on proceeds disposition to assets forfeited under 5.41.
  • Expands RCMP support and information-sharing to cover the new executive forfeiture orders.

Builder Assessment

Vote No

Overall, the bill mainly enhances executive sanctions powers and enforcement efficiency but risks weakening Canada’s reputation for predictable, court-based property protections that support investment. The net effect on growth, exports, and productivity is minimal or slightly negative, making alignment with Build Canada’s core prosperity agenda weak.

  • Strength: Aligns with government efficiency by streamlining forfeiture and recovering costs from owners.
  • Concern: Conflicts with investment attractiveness by enabling asset forfeiture of foreign state property without judicial oversight (rule-of-law and due-process concerns).
  • Limited economic upside: No direct boosts to productivity, exports, or tax competitiveness.
  • To improve alignment: Add mandatory, rapid judicial review or ex post court validation for 5.41 orders; set clear statutory criteria and evidentiary thresholds; carve out purely commercial SOEs and allied sovereign funds; add a sunset and reporting requirements; and earmark a portion of proceeds to deficit reduction or a productivity/innovation fund to support domestic growth.

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Principles Analysis

Canada should aim to be the world's most prosperous country.

Primarily a sanctions enforcement change with limited direct impact on national wealth; potential investment-sentiment downsides are possible but uncertain.

Promote economic freedom, ambition, and breaking from bureaucratic inertia (reduce red tape).

It reduces procedural friction by avoiding courts, but concentrates seizure power in the executive, which can cut against property-rights predictability tied to economic freedom.

Drive national productivity and global competitiveness.

No direct link to productivity; any reputational effect on Canada’s rule-of-law brand could marginally affect competitiveness but is speculative.

Grow exports of Canadian products and resources.

Does not target exports; possible retaliatory risks by sanctioned states exist but are likely limited to already-constrained markets.

Encourage investment, innovation, and resource development.

Executive forfeiture of foreign state assets without judicial oversight may raise perceived country risk for sovereign investors and state-linked capital, dampening investment attractiveness.

Deliver better public services at lower cost (government efficiency).

Streamlines enforcement, clarifies cost recovery from owners, and extends RCMP coordination, which can lower administrative burden and speed decisions.

Reform taxes to incentivize work, risk-taking, and innovation.

No tax changes are included.

Focus on large-scale prosperity, not incrementalism.

A targeted sanctions tool with limited macroeconomic effect; not a broad-based growth or productivity reform.

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PartySenate
StatusAt second reading in the Senate
Last updatedMay 28, 2025
TopicsEconomics, Foreign Affairs
Parliament45