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Public Safety Act, 2002S.C. 2004, c. 15
Short title 1. This Act may be cited as the Public Safety Act, 2002.
PART 1AERONAUTICS ACT 2. (1) The definition "textes d'application" in subsection 3(1) of the French version of the Aeronautics Act is repealed.
(2) The definition "Canadian aviation document" in subsection 3(1) of the Act is replaced by the following: « document d'aviation canadien » "Canadian aviation document" means, subject to subsection (3), any licence, permit, accreditation, certificate or other document issued by the Minister under Part I to or with respect to any person or in respect of any aeronautical product, aerodrome, facility or service; (3) Subsection 3(1) of the Act is amended by adding the following in alphabetical order: « système de réservation de services aériens » "aviation reservation system" means a system that provides the capability to make reservations or issue tickets for air services; "aviation security regulation" « règlement sur la sûreté aérienne » "aviation security regulation" means a regulation made under subsection 4.71(1);
"emergency direction" « directive d'urgence » "emergency direction" means a direction made under section 4.76 or 4.77; "interim order" « arrêté d'urgence » "interim order" means an interim order made under subsection 6.41(1) or (1.1); "security clearance" « habilitation de sécurité » "security clearance" means a security clearance granted under section 4.8 to a person who is considered to be fit from a transportation security perspective; "security measure" « mesure de sûreté » "security measure" means a measure made under subsection 4.72(1) or 4.73(1); (4) Section 3 of the Act is amended by adding the following after subsection (2): Exception (3) The following documents are deemed not to be a Canadian aviation document for the purposes of sections 6.6 to 7.2:
(b) a restricted area pass that is issued by the Minister in respect of an aerodrome that the Minister operates; and (c) a Canadian aviation document specified in an aviation security regulation for the purpose of this subsection.
3. Subsection 4.3(1) of the Act is replaced by the following: Delegation by Minister 4.3 (1) The Minister may authorize any person or class of persons to exercise or perform, subject to any restrictions or conditions that the Minister may specify, any of the powers, duties or functions of the Minister under this Part, other than the power to make a regulation, an order, a security measure or an emergency direction. (1.1) Despite subsection (1), the Minister may authorize any person or class of persons to make an order, a security measure or an emergency direction if a provision of this Part specifically authorizes the Minister to do so.
4. Subsection 4.4(2) of the Act is amended by striking out the word "or" at the end of paragraph (a) and by adding the following after paragraph (a):
5. Sections 4.7 and 4.8 of the Act are replaced by the following:
Definitions 4.7 The following definitions apply in sections 4.71 to 4.85. « bien » "goods" means anything that may be taken or placed on board an aircraft, or that may be brought into an aerodrome or other aviation facility, including personal belongings, baggage, cargo and conveyances. "screening" « contrôle » "screening" means a screening, including a search, carried out in the manner and under the circumstances prescribed in aviation security regulations, security measures, emergency directions or interim orders.
Aviation security regulations 4.71 (1) The Governor in Council may make regulations respecting aviation security.
Contents of regulations (2) Without limiting the generality of subsection (1), regulations may be made under that subsection
(b) respecting restricted areas in aircraft or at aerodromes or other aviation facilities, including regulations respecting their identification, access to them and their administration or management; (c) respecting the screening of persons entering or inside an aircraft or an aerodrome or other aviation facility; (d) respecting the screening of goods that are intended to be taken or placed on board an aircraft or brought into an aerodrome or other aviation facility, or that are inside an aircraft or an aerodrome or other aviation facility, including regulations authorizing the use of force to gain access to goods being screened; (e) respecting the seizure or detention of goods in the course of screenings, including regulations respecting the destruction of seized or detained goods; (f) respecting the prevention of unlawful interference with civil aviation and the action that is to be taken if that interference occurs or is likely to occur; (g) requiring any person or any class of persons to have a security clearance as a condition to conducting any activity specified in the regulations or to being (i) the holder of a Canadian aviation document, (ii) a crew member, or (iii) the holder of a restricted area pass, within the meaning of section 1 of the Canadian Aviation Security Regulations;
(i) specifying Canadian aviation documents for the purpose of paragraph 3(3)(c); (j) establishing security requirements for the design or construction of aircraft and aerodromes and other aviation facilities; (k) requiring security management systems to be established by the Canadian Air Transport Security Authority and by air carriers and operators of aerodromes and other aviation facilities, including regulations respecting the content or requirements of those systems; (l) establishing security requirements for equipment, systems and processes used in aircraft and aerodromes and other aviation facilities; (m) respecting the qualifications, training and standards of performance of classes of persons having responsibilities for security requirements; (n) respecting the testing of the effectiveness of equipment, systems and processes used in aircraft and aerodromes and other aviation facilities; and (o) respecting the provision to the Minister of aviation security related information specified in the regulations.
Minister may make security measures 4.72 (1) The Minister may make measures respecting aviation security.
Restriction (2) The Minister may only make a security measure in relation to a particular matter if
(b) aviation security, the security of any aircraft or aerodrome or other aviation facility or the safety of the public, passengers or crew members would be compromised if the particular matter that is to be the subject of the security measure were set out in a regulation and the regulation became public. Suspension of s. 4.79(1) and repeal of security measure (3) If the Minister is of the opinion that aviation security, the security of any aircraft or aerodrome or other aviation facility or the safety of the public, passengers or crew members would no longer be compromised if the particular matter that is the subject of a security measure made under subsection (1) became public, the Minister must
(b) repeal the security measure before the earlier of (i) the day that is one year after the notice is published, and
Effect of notice (4) If a notice is published under paragraph (3)(a), subsection 4.79(1) ceases to apply in respect of the security measure as of the day the notice is published.
Consultation (5) Before making a security measure, the Minister must consult with any person or organization that the Minister considers appropriate in the circumstances.
Exception (6) Subsection (5) does not apply if, in the opinion of the Minister, the security measure is immediately required for aviation security, the security of any aircraft or aerodrome or other aviation facility or the safety of the public, passengers or crew members.
Minister may carry out security measure (7) The Minister may carry out the requirements of a security measure whenever the Minister considers it necessary to do so.
Deputy may make measures 4.73 (1) The Minister may authorize his or her deputy to make, subject to any restrictions or conditions that the Minister may specify, measures respecting aviation security whenever the deputy is of the opinion that the measures are immediately required for aviation security, the security of any aircraft or aerodrome or other aviation facility or the safety of the public, passengers or crew members.
Restriction (2) The Minister's deputy may only make a security measure in relation to a particular matter if
(b) aviation security, the security of any aircraft or aerodrome or other aviation facility or the safety of the public, passengers or crew members would be compromised if the particular matter that is to be the subject of the security measure were set out in a regulation and the regulation became public. Minister may carry out security measure (3) The Minister may carry out the requirements of a security measure made under subsection (1) whenever the Minister considers it necessary to do so.
Duration (4) A security measure made under subsection (1) comes into force immediately when it is made but ceases to have force 90 days after it is made unless the Minister or his or her deputy repeals it before the expiry of the 90 days.
Relationship with regulations 4.74 (1) A security measure may provide that it applies in lieu of or in addition to any aviation security regulation.
Conflict (2) If there is a conflict between an aviation security regulation and a security measure, the security measure prevails to the extent of the conflict.
Foreign aircraft requirements 4.75 For the purposes of protecting the public, passengers, crew members, aircraft and aerodromes and other aviation facilities or for preventing unlawful interference with civil aviation, no operator of an aircraft registered outside Canada shall land the aircraft at an aerodrome in Canada unless the aircraft and all persons and goods on board the aircraft have been subjected to requirements that are acceptable to the Minister.
Emergency directions 4.76 If the Minister is of the opinion that there is an immediate threat to aviation security or to any aircraft or aerodrome or other aviation facility, or to the safety of the public, passengers or crew members, the Minister may direct any person to do, or to refrain from doing, anything that in the opinion of the Minister it is necessary to do or refrain from doing in order to respond to the threat, including directions respecting
(b) the diversion of aircraft to alternate landing sites; and (c) the movement of aircraft or persons at aerodromes or other aviation facilities. Authorized officer may make emergency direction 4.77 The Minister may authorize any officer of the Department of Transport to make, subject to any restrictions or conditions that the Minister may specify, any direction that the Minister may make under section 4.76 whenever the officer is of the opinion that there is a threat referred to in that section.
Duration 4.771 An emergency direction comes into force immediately when it is made but ceases to have force 72 hours after it is made, unless the Minister or the officer who made it repeals it before the expiry of the 72 hours.
Relationship with regulations and security measures 4.78 (1) An emergency direction may provide that it applies in lieu of or in addition to any aviation security regulation or security measure.
Conflict (2) If there is a conflict between an aviation security regulation or a security measure and an emergency direction, the emergency direction prevails to the extent of the conflict.
Unauthorized disclosure - security measures 4.79 (1) Unless the Minister states under subsection 4.72(3) that this subsection does not apply in respect of a security measure, no person other than the person who made the security measure shall disclose its substance to any other person unless the disclosure is required by law or is necessary to give effect to the security measure.
Court to inform Minister (2) If, in any proceedings before a court or other body having jurisdiction to compel the production or discovery of information, a request is made for the production or discovery of any security measure, the court or other body shall, if the Minister is not a party to the proceedings, cause a notice of the request to be given to the Minister, and, in camera, examine the security measure and give the Minister a reasonable opportunity to make representations with respect to it.
Order (3) If the court or other body concludes in the circumstances of the case that the public interest in the proper administration of justice outweighs in importance the public interest in aviation security, the court or other body shall order the production or discovery of the security measure, subject to any restrictions or conditions that the court or other body considers appropriate, and may require any person to give evidence that relates to the security measure.
Granting, suspending, etc. 4.8 The Minister may, for the purposes of this Act, grant or refuse to grant a security clearance to any person or suspend or cancel a security clearance.
Definition 4.81 (0.1) The following definition applies in this section and in section 4.82. « sûreté des transports » "transportation security" means the protection of any means of transportation or of any transportation infrastructure, including related equipment, from any actual or attempted action that could cause, or result in,
(b) substantial damage to or destruction of a means of transportation or any transportation infrastructure; or (c) interference with any means of transportation or with any transportation infrastructure that is likely to result in loss of life or personal injury, or substantial damage to or destruction of any means of transportation or any transportation infrastructure. Requirement to provide information (1) The Minister, or any officer of the Department of Transport authorized by the Minister for the purposes of this section, may, for the purposes of transportation security, require any air carrier or operator of an aviation reservation system to provide the Minister or officer, as the case may be, within the time and in the manner specified by the Minister or officer, with information set out in the schedule
(b) that is in the air carrier's or operator's control, or that comes into their control within 30 days after the requirement is imposed on them, concerning any particular person specified by the Minister or officer. Restriction on disclosure - Department of Transport (2) Information provided under subsection (1) may be disclosed by persons in the Department of Transport to other persons in that department only for the purposes of transportation security. Restriction on disclosure - other persons (3) Information provided under subsection (1) may be disclosed to persons outside the Department of Transport only for the purposes of transportation security, and it may be disclosed only to
(b) the Minister of National Revenue; (c) the chief executive officer of the Canadian Air Transport Security Authority; and (d) a person designated under subsection 4.82(2) or (3). Restriction on further disclosures (4) Information disclosed under subsection (3) may be further disclosed only for the purposes of transportation security, and it may be disclosed
(b) in the case of information disclosed to the Minister of National Revenue, only to persons in the Canada Customs and Revenue Agency; (c) in the case of information disclosed to the chief executive officer of the Canadian Air Transport Security Authority, only to persons in the Canadian Air Transport Security Authority; and (d) in the case of information disclosed to a person designated under subsection 4.82(2) or (3), only in accordance with section 4.82 as though it were information provided under subsection 4.82(4) or (5). Deeming (5) Information disclosed under subsection (3) to a person designated under subsection 4.82(2) or (3) is to be dealt with under section 4.82 as though it were information provided under subsection 4.82(4) or (5). Destruction of information (6) Subject to subsections (5), (7) and (8), information provided to the Minister or an officer of the Department of Transport under subsections (1) and (2) or disclosed to the Minister under subsection 4.82(8) must be destroyed within seven days after it is provided or disclosed under that subsection. Destruction of information (7) Information disclosed under subsection (3) to a person referred to in any of paragraphs (3)(a) to (c) must be destroyed within seven days after it is disclosed under that subsection. Destruction of information (8) Information disclosed under subsection (3) to a person referred to in any of paragraphs (3)(a) to (c) that is further disclosed under subsection (4) must be destroyed within seven days after it was disclosed under subsection (3).
Application (9) Subsections (6) to (8) apply despite any other Act of Parliament.
Amendment of schedule (10) The Governor in Council may, on the recommendation of the Minister, by order amend the schedule.
Definitions 4.82 (1) The following definitions apply in this section.
« commissaire » "Commissioner" means the Commissioner of the Royal Canadian Mounted Police. "Director" « directeur » "Director" means the Director of the Canadian Security Intelligence Service. "warrant" « mandat » "warrant" means
Designation of persons (2) The Commissioner may designate persons for the purposes of subsection (4). Those persons may receive and analyse information provided under that subsection and match it with any other information in the control of the Royal Canadian Mounted Police.
Designation of persons (3) The Director may designate persons for the purposes of subsection (5). Those persons may receive and analyse information provided under that subsection and match it with any other information in the control of the Canadian Security Intelligence Service. The Director may also designate one or more of those persons as senior designated persons for the purposes of this section.
Requirement to provide information (4) The Commissioner, or a person designated under subsection (2), may, for the purposes of transportation security, require any air carrier or operator of an aviation reservation system to provide a person designated under subsection (2), within the time and in the manner specified by the person imposing the requirement, with the information set out in the schedule
(b) that is in the air carrier's or operator's control, or that comes into their control within 30 days after the requirement is imposed on them, concerning any particular person specified by the person imposing the requirement. Requirement to provide information (5) The Director, or a person designated under subsection (3), may, for the purposes of transportation security or the investigation of ``threats to the security of Canada'' referred to in paragraph (c) of the definition of that expression in section 2 of the Canadian Security Intelligence Service Act, require any air carrier or operator of an aviation reservation system to provide a person designated under subsection (3), within the time and in the manner specified by the person imposing the requirement, with the information set out in the schedule
(b) that is in the air carrier's or operator's control, or that comes into their control within 30 days after the requirement is imposed on them, concerning any particular person specified by the person imposing the requirement. Disclosure to other designated persons (6) Despite subsection (7), a person designated under subsection (2) or (3) may disclose any information provided under subsection (4) or (5), and any information obtained as a result of matching the information with other information, to any other person designated under subsection (2) or (3).
Restriction on disclosure of information to other persons (7) A person designated under subsection (2) or (3) may disclose any information provided under subsection (4) or (5), any information obtained as a result of matching the information with other information and any information obtained as a result of a disclosure under subsection (6), only in accordance with subsections (8) to (12), or for the purpose of complying with a subpoena or document issued or order made by a court, person or body with jurisdiction to compel the production of information, or for the purpose of complying with rules of court relating to the production of information.
Disclosure to Minister and air carriers, etc. (8) A person designated under subsection (2) or (3) may disclose information referred to in subsection (7) to the Minister, the Canadian Air Transport Security Authority, any peace officer, any employee of the Canadian Security Intelligence Service, any air carrier or operator of an aerodrome or other aviation facility if the designated person has reason to believe that the information is relevant to transportation security. Any information disclosed to the Canadian Air Transport Security Authority or to an air carrier or operator of an aerodrome or other aviation facility under this subsection must also be disclosed to the Minister.
Disclosure to Aircraft Protective Officer (9) A person designated under subsection (2) or (3) may disclose information referred to in subsection (7) to an Aircraft Protective Officer if the designated person has reason to believe that the information may assist the Aircraft Protective Officer to perform duties relating to transportation security.
Urgent disclosure (10) A person designated under subsection (2) or (3) may disclose information referred to in subsection (7) if he or she has reason to believe that there is an immediate threat to transportation security or the life, health or safety of a person and that the person to whom the disclosure is to be made is in a position to take measures to respond to the threat and needs the information to respond. In making the disclosure the designated person may disclose information only to the extent that he or she believes the information is necessary to respond to the threat.
Disclosure to peace officer (11) A person designated under subsection (2) may disclose information referred to in subsection (7) to any peace officer if the designated person has reason to believe that the information would assist in the execution of a warrant.
Disclosure to employee of the Canadian Security Intelligence Service (12) A person designated under subsection (3) may, if authorized by a senior designated person designated under that subsection, disclose information referred to in subsection (7) to an employee of the Canadian Security Intelligence Service for the purposes of an investigation with respect to a ``threat to the security of Canada'' referred to in paragraph (c) of the definition of that expression in section 2 of the Canadian Security Intelligence Service Act.
Recording of reasons (13) A person who discloses information under any of subsections (8) to (12) must, as soon as practicable, prepare and keep a record setting out a summary of the information disclosed, the elements of information set out in the schedule in respect of which there was disclosure, the reasons why the information was disclosed and the name of the person or body to whom the information was disclosed.
Destruction of information (14) Information provided under subsection (4) or (5), and any such information obtained under subsection (6), must be destroyed within seven days after it is provided or obtained, unless it is reasonably required for the purposes of transportation security or the investigation of ``threats to the security of Canada'' referred to in paragraph (c) of the definition of that expression in section 2 of the Canadian Security Intelligence Service Act, in which case a record must be prepared and kept setting out the reasons why the information is being retained.
Review of information (15) At least once a year, the Commissioner and the Director must cause a review to be undertaken of all information retained under subsection (14) by persons designated by them, and the Commissioner, or the Director, as the case may be, must order the information to be destroyed if he or she is of the opinion that its continued retention is not reasonably required for the purposes of transportation security or the investigation of ``threats to the security of Canada'' referred to in paragraph (c) of the definition of that expression in section 2 of the Canadian Security Intelligence Service Act. The Commissioner and the Director must each keep a record of their review.
Exception (16) Subsections (14) and (15) do not apply in respect of records prepared under subsection (13).
Application (17) Subsections (14) and (15) apply despite any other Act of Parliament.
Right to provide information preserved (18) Nothing in this section precludes air carriers and operators of aviation reservation systems from providing any information if the provision of the information is otherwise lawful.
Right to collect information under other Acts preserved (19) Nothing in this section prohibits the collection of any information if the collection is otherwise lawful.
Regulations (20) The Governor in Council may make regulations generally for carrying out the purposes and provisions of this section.
6. Subsections 4.83(1) and (2) of the Act are replaced by the following: Foreign states requiring information 4.83 (1) Despite section 5 of the Personal Information Protection and Electronic Documents Act, to the extent that that section relates to obligations set out in Schedule 1 to that Act relating to the disclosure of information, and, despite subsection 7(3) of that Act, an operator of an aircraft departing from Canada that is scheduled to land in a foreign state or of a Canadian aircraft departing from any place outside Canada that is scheduled to land in a foreign state may, in accordance with the regulations, provide to a competent authority in that foreign state any information that is in its control relating to persons on board or expected to be on board the aircraft and that is required by the laws of the foreign state.
Restriction - government institutions (2) No information provided under subsection (1) to a competent authority in a foreign state may be collected from that foreign state by a government institution, within the meaning of section 3 of the Privacy Act, unless it is collected for the purpose of protecting national security or public safety or for the purpose of defence or for the purpose of administering or enforcing any Act of Parliament that prohibits, controls or regulates the importation or exportation of goods or the movement of people in or out of Canada, and any such information collected by the government institution may be used or disclosed by it only for one or more of those purposes.
7. The Act is amended by adding the following after section 4.83:
Designation of persons to conduct 4.84 The Minister may designate, in writing, persons to conduct screenings, subject to any restrictions or conditions that the Minister may specify. Prohibition - persons and goods 4.85 (1) If an aviation security regulation, a security measure, an emergency direction or an interim order requires a person to be screened, a person shall not enter or remain in an aircraft or in an aviation facility or a restricted area of an aerodrome unless the person permits a screening, or screenings, to be carried out in accordance with the regulation, security measure, emergency direction or interim order, as the case may be, of
(b) the goods that the person intends to take or have placed on board the aircraft or to take into the aviation facility or the restricted area of the aerodrome or, as the case may be, the goods that the person has taken or placed on board the aircraft or has taken into the aviation facility or the restricted area of the aerodrome. Prohibition - conveyances (2) If an aviation security regulation, a security measure, an emergency direction or an interim order requires a conveyance to be screened, an operator of a conveyance shall not allow the conveyance to enter or remain in an aviation facility or a restricted area of an aerodrome unless the operator permits a screening, or screenings, to be carried out of the conveyance in accordance with the regulation, security measure, emergency direction or interim order, as the case may be. Prohibition relating to air carriers (3) If an aviation security regulation, a security measure, an emergency direction or an interim order requires a person or goods to be screened, no air carrier shall transport the person or the goods unless the person or goods have been screened in accordance with the regulation, security measure, emergency direction or interim order, as the case may be.
Prohibition relating to persons who accept goods for transportation (4) A person who accepts any goods for transportation shall not tender the goods for transportation by air unless the person has screened the goods as may be required by any aviation security regulation, security measure, emergency direction or interim order, as the case may be.
Air Carrier and Aerodrome Assessments Assessment 4.86 The Minister may conduct aviation security assessments outside Canada of air carriers that operate or intend to operate flights to Canada or of facilities relating to the operations of those air carriers.
Verifying Compliance and Testing Effectiveness
No offence 4.87 A person authorized by the Minister to verify compliance with aviation security regulations, security measures, emergency directions or interim orders, or to test the effectiveness of equipment, systems and processes used with respect to aircraft, aerodromes and other aviation facilities, does not commit an offence if the person commits any act or omission that is required in the course of any such verification or testing and that would otherwise constitute a contravention of an aviation security regulation, a security measure, an emergency direction or an interim order. 8. Section 5.1 of the Act is replaced by the following: Restrictions and prohibitions for safety or security purposes 5.1 The Minister or any person authorized by the Minister may by notice prohibit or restrict the operation of aircraft on or over any area or within any airspace, either absolutely or subject to any exceptions or conditions that the Minister or person may specify, if, in the opinion of the Minister or person, the prohibition or restriction is necessary for aviation safety or security or the protection of the public. 9. Section 5.9 of the Act and the heading before it are replaced by the following:
General Provisions respecting Regulations, Orders, etc.
Exemption by Governor in Council 5.9 (1) The Governor in Council may make regulations exempting, on any terms and conditions that may be specified in the regulations, any person, aeronautical product, aerodrome, facility or service, or any class of persons, aeronautical products, aerodromes, facilities or services, from the application of any regulation or order made under this Part.
Exemption by Minister (2) The Minister or an officer of the Department of Transport authorized by the Minister for the purpose of this subsection may, on any terms and conditions that the Minister or officer, as the case may be, considers necessary, exempt any person, aeronautical product, aerodrome, facility or service, or any class of persons, aeronautical products, aerodromes, facilities or services, from the application of any regulation, order or security measure made under this Part if the exemption, in the opinion of the Minister or officer, as the case may be, is in the public interest and is not likely to adversely affect aviation safety or security. Incorporation by reference (3) A regulation, an order, a security measure or an emergency direction made under this Part that incorporates by reference a classification, standard, procedure or other specification may incorporate it as it is amended from time to time and in such a case the reference shall be read accordingly. Prohibition in regulations or orders (4) A regulation, an order, a security measure or an emergency direction made under this Part prohibiting the doing of any act or thing may prohibit the doing of that act or thing either at all times and places or only at specified times, places and occasions, and may do so either absolutely or subject to any specified exceptions or conditions. 10. Section 6.2 of the Act is replaced by the following: Exemption from Statutory Instruments Act 6.2 (1) The following are exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act:
(b) a security measure; (c) an emergency direction; (d) an exemption made under subsection 5.9(2); and (e) an interim order made under section 6.41. Precondition for contravention (2) No person shall be found to have contravened any regulation or notice referred to in paragraph (1)(a), any security measure or emergency direction or any interim order that has not been published in the Canada Gazette under subsection 6.41(4) at the time of the alleged contravention unless it is proved that, at the time of the alleged contravention, the person had been notified of the regulation, security measure, emergency direction or interim order or reasonable steps had been taken to bring its purport to the notice of those persons likely to be affected by it.
Certificate (3) A certificate purporting to be signed by the Minister or the Secretary of the Department of Transport and stating that a notice containing the regulation, notice referred to in paragraph (1)(a), security measure, emergency direction or interim order was given to persons likely to be affected by it is, in the absence of evidence to the contrary, proof that notice was given to those persons.
11. (1) Subsection 6.41(1) of the Act is replaced by the following: Interim orders 6.41 (1) The Minister may make an interim order that contains any provision that may be contained in a regulation made under this Part
(b) to deal with an immediate threat to aviation security, the security of any aircraft or aerodrome or other aviation facility or the safety of the public, passengers or crew members; or (c) for the purpose of giving immediate effect to any recommendation of any person or organization authorized to investigate an aviation accident or incident. Authorized deputy may make interim order (1.1) The Minister may authorize, subject to any restrictions or conditions that the Minister may specify, his or her deputy to make, for any reason referred to in any of paragraphs (1)(a) to (c), an interim order that contains any provision that may be contained in a regulation made under this Part. Consultation (1.2) Before making an interim order, the Minister or deputy, as the case may be, must consult with any person or organization that the Minister or deputy considers appropriate in the circumstances.
(2) Paragraph 6.41(3)(b) of the Act is replaced by the following: (b) where no such regulation is made, one year after the day on which the interim order is made.
(3) Subsections 6.41(4) to (6) of the Act are replaced by the following: Publication in Canada Gazette (4) An interim order must be published in the Canada Gazette within 23 days after the day on which it is made.
Tabling of interim order (5) A copy of each interim order must be tabled in each House of Parliament within 15 days after it is made.
House not sitting (6) In order to comply with subsection (5), the interim order may be sent to the Clerk of the House if the House is not sitting.
12. (1) Subsections 6.9(1) and (2) of the Act are replaced by the following: Suspension, etc., if contravention 6.9 (1) If the Minister decides to suspend or cancel a Canadian aviation document on the grounds that its holder or the owner or operator of any aircraft, airport or other facility in respect of which it was issued has contravened any provision of this Part or of any regulation, notice, order, security measure or emergency direction made under this Part, the Minister shall by personal service or by registered or certified mail sent to the holder, owner or operator, as the case may be, at that person's latest known address notify the holder, owner or operator of that decision and of the effective date of the suspension or cancellation, but no suspension or cancellation shall take effect earlier than the date that is thirty days after the notice under this subsection is served or sent.
Contents of notice (2) The notice must be in the form that the Governor in Council may by regulation prescribe and must, in addition to any other information that may be so prescribed,
(b) state the date, being thirty days after the notice is served or sent, on or before which and the address at which a request for a review of the decision of the Minister is to be filed in the event that the holder of the document or the owner or operator concerned wishes to have the decision reviewed. (2) Subsection 6.9(5) of the Act is replaced by the following: Exception re stay direction (5) No direction of a stay of a suspension or cancellation shall be made under subsection (4) if the member of the Tribunal considering the matter is of the opinion that the stay would result in a threat to aviation safety or security.
13. (1) Subsection 7(1) of the Act is replaced by the following: Suspension where immediate threat to aviation safety or security 7. (1) If the Minister decides to suspend a Canadian aviation document on the grounds that an immediate threat to aviation safety or security exists or is likely to occur as a result of an act or thing that was or is being done under the authority of the document or that is proposed to be done under the authority of the document, the Minister shall without delay, by personal service or by registered or certified mail sent to the holder of the document or to the owner or operator of any aircraft, airport or other facility in respect of which the document was issued, as the case may be, at that person's latest known address, notify the holder, owner or operator of the Minister's decision.
(2) Paragraph 7(2)(a) of the English version of the Act is replaced by the following:
(3) Subsections 7(7) and (8) of the Act are replaced by the following: Determination (7) The member of the Tribunal conducting the review may make the following determination:
(b) if the decision of the Minister relates to any other Canadian aviation document, the member may determine the matter by confirming the Minister's decision or by substituting his or her own determination. Request for reconsideration of immediate threat (8) If no appeal from a determination confirming a suspension under subsection (7) is taken under section 7.2 within the time limited for doing so under that section or the Tribunal has, on an appeal under section 7.2, confirmed the suspension of a Canadian aviation document under this section, or if the Minister, after reconsidering the matter under paragraph 7(7)(a) or 7.2(5)(b), has confirmed the suspension, the holder of the document or the owner or operator of any aircraft, airport or other facility in respect of which the document was issued may, in writing, request the Minister to reconsider whether the immediate threat to aviation safety or security referred to in subsection (1) that occasioned the suspension continues to exist or is likely to occur as described in that subsection.
14. (1) Subsection 7.2(1) of the Act is replaced by the following: Right of appeal 7.2 (1) The Minister or any person affected by the determination of a member of the Tribunal under subsection 6.9(8) or paragraph 7(7)(b) or any person, other than the Minister, affected by the determination of a member of the Tribunal under paragraph 7(7)(a) or subsection 7.1(8) may, within ten days after the determination, appeal the determination to the Tribunal.
(2) Paragraphs 7.2(5)(a) and (b) of the Act are replaced by the following:
15. Subsection 7.3(3) of the Act is replaced by the following: Contravention of Part, regulation, etc. (3) Except as otherwise provided by this Part, every person who contravenes a provision of this Part or any regulation, notice, order, security measure or emergency direction made under this Part is guilty of an offence punishable on summary conviction.
Contravention of subsection 4.81(1) (3.1) Despite subsections (4) and (5), every air carrier or operator of an aviation reservation system who fails to comply with a requirement under subsection 4.81(1) or 4.82(4) or (5) is guilty of an offence punishable on summary conviction and liable to a fine of not more than $50,000.
16. Paragraph 7.4(5)(b) of the Act is replaced by the following:
17. The Act is amended by adding the following after section 7.4: Prohibition - unruly or dangerous behaviour 7.41 (1) No person shall engage in any behaviour that endangers the safety or security of an aircraft in flight or of persons on board an aircraft in flight by intentionally
(b) lessening the ability of any crew member to perform that crew member's duties; or (c) interfering with any person who is following the instructions of a crew member. Punishment (2) Every person who commits an offence under subsection (1) is liable
(b) on summary conviction, to a fine of not more than $25,000 or to imprisonment for a term of not more than eighteen months, or to both. Deeming - "in flight" (3) For the purpose of subsection (1), an aircraft is deemed to be in flight from the time when all external doors are closed following embarkation until the time at which any external door is opened for the purpose of disembarkation.
Application (4) This section applies despite subsections 7.3(4) and (7).
18. Paragraphs 7.6(1)(a) and (b) of the Act are replaced by the following:
(a.1) if subsection 4.81(1) or 4.82(4) or (5) is a designated provision, prescribe the maximum amount payable in respect of a contravention of that provision, which amount shall not exceed $50,000; and (b) prescribe, in respect of any other designated provision, the maximum amount payable in respect of a contravention of that provision, which amount shall not exceed (i) $5,000, in the case of an individual, and
19. Paragraph 8.3(1)(a) of the Act is replaced by the following:
20. Section 8.5 of the Act is replaced by the following: Defence 8.5 No person shall be found to have contravened a provision of this Part or any regulation, notice, order, security measure or emergency direction made under this Part if the person exercised all due diligence to prevent the contravention.
21. (1) Paragraph 8.7(1)(a) of the Act is replaced by the following:
(a.1) remove any document or other thing from the place where the inspection or audit is being carried out for examination or, in the case of a document, copying; (2) Section 8.7 of the Act is amended by adding the following after subsection (1): Operation of computer systems and copying equipment (1.1) In carrying out an inspection or audit in any place referred to in paragraph (1)(a) or an investigation under paragraph (1)(b), the Minister may
(b) reproduce any record, or cause it to be reproduced from the data, in the form of a printout or other intelligible output, and remove the printout or other output for examination or copying; and (c) use or cause to be used any copying equipment at the place to make copies of any books, records, electronic data or other documents.
22. The Act is amended by adding the following after section 8.7: Duty to assist Minister 8.8 The owner or person who is in possession or control of a place that is inspected or audited under subsection 8.7(1), and every person who is found in the place, shall
(b) provide the Minister with any information relevant to the administration of this Act or the regulations, notices, orders, security measures or emergency directions made under this Part that the Minister may reasonably require. 23. The Act is amended by adding the schedule set out in the schedule to this Act.
PART 2
CANADIAN AIR TRANSPORT SECURITY AUTHORITY ACT 24. The definitions "screening" and "screening point" in section 2 of the Canadian Air Transport Security Authority Act are replaced by the following: « contrôle » "screening" means screening, including a search, performed in the manner and under the circumstances prescribed in aviation security regulations, security measures, emergency directions or interim orders made under the Aeronautics Act.
"screening point" « point de contrôle » "screening point" means a point where screening is delivered, either directly or through a screening contractor, by the Authority or by an authorized aerodrome operator acting on behalf of the Authority, in order to meet the requirements of aviation security regulations, security measures, emergency directions or interim orders made under the Aeronautics Act.
25. Section 29 of the Act is replaced by the following: Policing 29. The Authority may, with the approval of the Treasury Board, enter into agreements with the operator of any aerodrome designated by regulation for the purposes of contributing to the costs of policing incurred by that operator in carrying out their responsibilities.
PART 3
CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999 26. The definitions "environmental emergency" and "substance" in section 193 of the Canadian Environmental Protection Act, 1999 are replaced by the following: "environment al emergency" « urgence environnementale » "environmental emergency" means
(b) the reasonable likelihood of such a release into the environment. "substance" « substance » "substance" means, except in sections 199 and 200.1, a substance on a list of substances established under regulations or interim orders made under this Part.
27. The Act is amended by adding the following after section 200: Interim orders 200.1 (1) The Minister may make an interim order, in respect of a substance, that contains any provision that may be contained in a regulation made under this Part, if
(i) is not on the list established under regulations made under this Part and the Ministers believe that, if it enters the environment as a result of an environmental emergency,
(B) it would constitute or may constitute a danger to the environment on which human life depends, or
(ii) is on that list and the Ministers believe that it is not adequately regulated; and Effect of order (2) Subject to subsection (3), an interim order has effect
(b) as if it were a regulation made under this Part. Approval of Governor in Council (3) An interim order ceases to have effect unless it is approved by the Governor in Council within 14 days after it is made.
Consultation (4) The Governor in Council shall not approve an interim order unless the Minister has
(b) consulted with other ministers of the Crown in right of Canada to determine whether any action can be taken under any other Act of Parliament to deal with the significant danger. Recommendation of regulations (5) If the Governor in Council approves an interim order, the Minister shall, within 90 days after the approval, publish in the Canada Gazette a statement indicating whether the Minister intends to recommend to the Governor in Council
(b) if the order was made in respect of a substance that was not on the list established under regulations made under this Part, that the substance be added to that list. Contravention of unpublished order (6) No person shall be convicted of an offence consisting of a contravention of an interim order that, at the time of the alleged contravention, had not been published in the Canada Gazette unless it is proved that, at the time of the alleged contravention, the person had been notified of the interim order or reasonable steps had been taken to bring the purport of the interim order to the notice of those persons likely to be affected by it.
Cessation of effect (7) Subject to subsection (3), an interim order ceases to have effect on the earliest of
(b) the day a regulation referred to in subsection (5) is made, and (c) two years after the order is made. Tabling of order (8) A copy of each interim order must be tabled in each House of Parliament within 15 days after it is made.
House not sitting (9) In order to comply with subsection (8), the interim order may be sent to the Clerk of the House if the House is not sitting.
28. (1) The portion of subsection 201(1) of the Act before paragraph (b) is replaced by the following: Remedial measures 201. (1) Subject to any regulations made under subsection 200(1) or any interim orders made under section 200.1, if there occurs an environmental emergency in respect of a substance on a list established under the regulations or interim orders, any person described in subsection (2) shall, as soon as possible in the circumstances,
(2) Subsection 201(3) of the Act is replaced by the following: Report by other persons (3) A person, other than a person described in subsection (2), shall, as soon as possible in the circumstances, report an environmental emergency to an enforcement officer or to a person designated by regulation or interim order if their property is affected by the environmental emergency.
29. Subsection 202(1) of the Act is replaced by the following: Voluntary report 202. (1) If a person knows about an environmental emergency but the person is not required to report the matter under this Act, the person may report any information about the environmental emergency to an enforcement officer or to a person designated by regulation or interim order.
30. The portion of section 331 of the Act before paragraph (a) is replaced by the following: Exemption from Statutory Instruments Act 331. An interim order made under section 94, 163, 173, 183 or 200.1
31. Subsection 332(1) of the Act is replaced by the following: Publication of proposed orders and regulations 332. (1) The Minister shall publish in the Canada Gazette a copy of every order or regulation proposed to be made by the Minister or the Governor in Council under this Act, except a list, or an amendment to a list, referred to in section 66, 87, 105 or 112 or an interim order made under section 94, 163, 173, 183 or 200.1.
PART 4
CRIMINAL CODE 32. The Criminal Code is amended by adding the following after section 83.23:
Hoax Regarding Terrorist Activity
83.231 (1) Every one commits an offence who, without lawful excuse and with intent to cause any person to fear death, bodily harm, substantial damage to property or serious interference with the lawful use or operation of property,
(b) commits an act that, in all the circumstances, is likely to cause a reasonable apprehension that terrorist activity is occurring or will occur, without believing that such activity is occurring or will occur. Punishment (2) Every one who commits an offence under subsection (1) is guilty of
(b) an offence punishable on summary conviction. Causing bodily harm (3) Every one who commits an offence under subsection (1) and thereby causes bodily harm to any other person is guilty of
(b) an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months. Causing death (4) Every one who commits an offence under subsection (1) and thereby causes the death of any other person is guilty of an indictable offence and liable to imprisonment for life.
PART 5
DEPARTMENT OF CITIZENSHIP AND IMMIGRATION ACT 33. Section 5 of the Department of Citizenship and Immigration Act is replaced by the following: Agreements 5. (1) The Minister, with the approval of the Governor in Council, may enter into agreements with any province or group of provinces or with any foreign government or international organization, for the purpose of facilitating the formulation, coordination and implementation - including the collection, use and disclosure of information - of policies and programs for which the Minister is responsible.
Arrangements (2) The Minister may enter into arrangements with any province or group of provinces or with any foreign government or international organization, for the purpose of facilitating the formulation, coordination and implementation - including the collection, use and disclosure of information - of policies and programs for which the Minister is responsible.
PART 6
DEPARTMENT OF HEALTH ACT 34. The Department of Health Act is amended by adding the following after section 11:
INTERIM ORDERS Interim orders 11.1 (1) The Minister may make an interim order that contains any provision that may be contained in a regulation made under section 11 if the Minister believes that immediate action is required to deal with a significant risk, direct or indirect, to health or safety.
Cessation of effect (2) An interim order has effect from the time that it is made but ceases to have effect on the earliest of
(b) the day on which it is repealed, (c) the day on which a regulation made under section 11, that has the same effect as the interim order, comes into force, and (d) one year after the interim order is made or any shorter period that may be specified in the interim order. Contravention of unpublished order (3) No person shall be convicted of an offence consisting of a contravention of an interim order that, at the time of the alleged contravention, had not been published in the Canada Gazette unless it is proved that, at the time of the alleged contravention, the person had been notified of the interim order or reasonable steps had been taken to bring the purport of the interim order to the notice of those persons likely to be affected by it.
Exemption from Statutory Instruments Act (4) An interim order
(b) shall be published in the Canada Gazette within 23 days after it is made. Deeming (5) For the purpose of any provision of this Act other than this section, any reference to regulations made under this Act is deemed to include interim orders, and any reference to a regulation made under a specified provision of this Act is deemed to include a reference to the portion of an interim order containing any provision that may be contained in a regulation made under the specified provision.
Tabling of order (6) A copy of each interim order must be tabled in each House of Parliament within 15 days after it is made.
House not sitting (7) In order to comply with subsection (6), the interim order may be sent to the Clerk of the House if the House is not sitting.
PART 7
EXPLOSIVES ACT 35. The long title of the Explosives Act is replaced by the following: An Act respecting the manufacture, testing, acquisition, possession, sale, storage, transportation, importation and exportation of explosives and the use of fireworks
36. (1) The definition ``inspector'' in section 2 of the Act is replaced by the following: « inspecteur » "inspector" means the Chief Inspector of Explosives, an inspector of explosives and a deputy inspector of explosives appointed under section 13, and any other person who is directed by the Minister to inspect an explosive, a restricted component, a vehicle, a licensed factory or a magazine, or to hold an inquiry in connection with any accident caused by an explosive; (2) Section 2 of the Act is amended by adding the following in alphabetical order: « fabrication illicite » "illicit manufacture" means any activity that is prohibited under paragraph 6(1)(a) or (e); "illicit trafficking" « trafic illicite » "illicit trafficking" means any importation into Canada, exportation from Canada or transportation in transit through Canada of an explosive if
(b) the transportation in transit of the explosive through any country is not authorized by that country; "restricted component" « composant d'explosif limité » "restricted component" means any prescribed component of an explosive the acquisition, possession or sale of which is restricted by a regulation made under paragraph 5(a.31); "transit" « transit » "transit" means the portion of international transboundary transportation through the territory of a country that is neither the country of origin nor the country of destination; 37. (1) Paragraphs 5(a.2) to (a.4) of the Act are replaced by the following:
(a.3) restricting to any person or body or class of persons or bodies the acquisition, possession, use or sale of any explosive or class of explosives; (a.31) prescribing any component of an explosive and restricting to any person or body or class of persons or bodies its acquisition, possession or sale; (a.4) prohibiting the acquisition, possession, use or sale of any explosive that, in the opinion of the Minister, is intrinsically unsafe, and identifying that explosive by reference to its common name or a description of the class of explosives to which it belongs; (2) Section 5 of the Act is amended by adding the following after paragraph (a.8):
(3) Paragraph 5(c) of the Act is replaced by the following:
(4) Section 5 of the Act is amended by adding the following after paragraph (i):
(5) Section 5 of the Act is amended by adding the following after paragraph (l):
(6) Paragraph 5(m) of the Act is replaced by the following:
38. (1) The portion of section 6 of the Act before paragraph (a) is replaced by the following: Manufacture, use, etc. 6. (1) Except as authorized under this Act and subject to any exemptions that may be provided under subsection (2) or by regulation, no person shall
(2) Paragraph 6(1)(a) of the English version of the Act is replaced by the following:
(3) Paragraph 6(1)(d) of the Act is replaced by the following:
(4) Subparagraph 6(1)(e)(i) of the English version of the Act is replaced by the following:
(5) Section 6 of the Act is amended by adding the following after subsection (1): Possession authorized (1.1) For the purposes of paragraph (1)(d), a person is authorized to have in their possession an explosive or a restricted component if
(b) the Governor in Council, by order, has declared that the province ensures that the security standards that must be met before such permits or licences are issued are the same as, or substantially similar to, those established by regulations made under paragraphs 5(a.9) and (i.1). Exemption (2) Subject to any regulation made under paragraph 5(a.3), (a.31) or (a.9), the Minister may exempt a person or body or class of persons or bodies from the prohibition in paragraph (1)(d).
Certificate of exemption (3) The Minister shall issue, in accordance with the regulations and for the prescribed fee, a certificate of exemption to a person or body exempted under subsection (2).
Statutory Instruments Act does not apply (4) The Statutory Instruments Act does not apply in respect of a certificate issued under subsection (3).
39. The Act is amended by adding the following after section 6.1: Illicit trafficking, etc. 6.2 No person shall knowingly
(b) acquire, possess, sell, offer for sale, transport or deliver any illicitly trafficked explosive. 40. Section 9 of the Act is replaced by the following: Permits 9. (1) The Minister may issue permits for the importation or exportation, or the transportation in transit through Canada, of explosives.
No import, export or transport without permit (2) Except as provided by the regulations, no person shall, without a permit issued under this section, import or export, or transport in transit through Canada, any explosive.
Evidence of financial responsibility (3) The Minister may require any person who engages or proposes to engage in the importation or exportation, or the transportation in transit through Canada, of any explosive and who does not reside in Canada or have a chief place of business or head office in Canada to provide evidence of financial responsibility in the form of insurance, or in the form of an indemnity bond or a suretyship, satisfactory to the Minister, or in any other form satisfactory to the Minister.
41. The portion of subsection 14(1) of the Act before paragraph (a) is replaced by the following: Inspection 14. (1) For the purpose of ensuring compliance with this Act and the regulations, an inspector may, subject to subsection (5), at any reasonable time, enter and inspect any factory, magazine, vehicle or other place in which the inspector believes on reasonable grounds any explosive is being manufactured, tested, stored, sold or transported, any restricted component is being stored or sold, or any fireworks are being or are intended to be used, and the inspector may
42. Sections 14.1 and 14.2 of the Act are replaced by the following: Seizure 14.1 (1) If, in carrying out an inspection at any place under this section, an inspector believes on reasonable grounds that an offence under this Act has been committed, the inspector may seize and detain any explosive or any restricted component
(b) that the inspector believes on reasonable grounds will afford evidence in respect of the commission of the offence. Storage (2) The seized explosive or restricted component shall, at the discretion of the inspector, be detained and stored at the place where it was seized or be moved to any other place for storage.
Storage (3) The explosive or restricted component may be moved to and stored at any other place, on the application of the owner or the person having the possession of it at the time of its seizure.
Prohibition (4) Except as authorized by an inspector, no person shall examine, remove, alter or interfere in any way with an explosive or a restricted component that is seized and detained under this Act.
Safety measures 14.2 If an inspector believes on reasonable grounds that any activities relating to the manufacture, testing, storage, transportation or sale of explosives or restricted components or the use of fireworks are being carried out in contravention of this Act or the regulations, the inspector may direct the taking of, or take, any measures necessary to remedy the contravention.
43. Section 14.4 of the English version of the Act is replaced by the following: Detention 14.4 (1) An explosive or a restricted component that is seized and detained under section 14.1 shall not be detained after the expiry of ninety days after the day of the seizure unless, before that expiry, it is forfeited under section 14.6 or 26 or proceedings are instituted in relation to it.
Continued detention (2) If proceedings are instituted in relation to a seized explosive or restricted component, the explosive or restricted component may be detained until the proceedings are finally concluded or an order is made under subsection 14.5(2).
44. Sections 14.5 and 14.6 of the Act are replaced by the following: Application for return 14.5 (1) If proceedings are instituted in respect of a seized explosive or restricted component, the owner or the person having the possession of it at the time of its seizure may apply to the court before which the proceedings are being held for an order that it be returned.
Order (2) On application under subsection (1), the court may order that the explosive or restricted component be returned to the applicant, subject to any conditions that the court may impose to ensure that it is preserved for any purpose for which it may subsequently be required, if the court is satisfied that sufficient evidence exists or may reasonably be obtained without detaining it.
Consent to forfeiture 14.6 If the owner of an explosive or a restricted component that is seized and detained under this Act consents in writing to its forfeiture, it is forfeited to Her Majesty in right of Canada.
45. Sections 20 and 21 of the Act are replaced by the following: Acts likely to cause explosion or fire 20. Every person who abandons any explosive or who commits any act that is likely to cause an explosion or fire in or about any factory or magazine or any vehicle in which an explosive is being conveyed is guilty of an offence and is liable
(b) on proceedings by way of indictment, to a fine not exceeding five hundred thousand dollars or to imprisonment for a term not exceeding five years or to both. Possession, etc. 21. (1) Except as authorized by or under this Act, every person who, personally or by an agent, acquires, is in possession of, sells, offers for sale, stores, uses, makes, manufactures, transports, imports, exports or delivers any explosive, or acquires, is in possession of, sells or offers for sale any restricted component, is guilty of an offence and is liable
(b) on proceedings by way of indictment, to a fine not exceeding five hundred thousand dollars or to imprisonment for a term not exceeding five years or to both. No offence (2) No person shall be convicted under subsection (1) of having an explosive or a restricted component in their possession if the person establishes that they manufactured, imported or acquired it in accordance with the requirements of this Act and the regulations.
Continuing offence 21.1 If an offence under this Act is committed or continued on more than one day, the person who committed the offence is liable to be convicted for a separate offence for each day on which the offence is committed or continued.
46. Subsection 22(1) of the Act is replaced by the following: General punishment 22. (1) Every person who contravenes any provision of this Act or the regulations, for which no punishment has been provided, is guilty of an offence punishable on summary conviction and is liable
(b) for each subsequent offence, to a fine not exceeding one hundred thousand dollars. 47. Subsection 23(1) of the Act is replaced by the following: Disclosure of confidential information 23. (1) Subject to subsection (2) and the regulations, any person who, without the express authority of the Minister, knowingly discloses any confidential information obtained under this Act is guilty of an offence and is liable
(b) on proceedings by way of indictment, to a fine not exceeding ten thousand dollars or to imprisonment for a term not exceeding six months or to both.
48. Section 24 of the Act is replaced by the following: Limitation period 24. (1) Any proceedings under this Act may be instituted at any time within, but not later than, twelve months after the day on which the Minister becomes aware of the subject-matter of the proceedings.
Certificate (2) A document purporting to have been issued by the Minister, certifying the day on which the Minister became aware of the subject-matter of any proceedings, is admissible in evidence without proof of the signature or the official character of the person appearing to have signed the document and, in the absence of any evidence to the contrary, is proof of the matter asserted in it.
49. Section 26 of the Act is replaced by the following: Forfeiture to Crown 26. (1) When a person is convicted of an offence for acquiring, having in their possession, selling, offering for sale, storing, using, making, manufacturing, transporting, importing, exporting or delivering any explosive or restricted component, the court or judge, in addition to any other penalty that may be imposed, shall, in the case of an illicitly manufactured or illicitly trafficked explosive or an explosive that is not an authorized explosive, and may, in the case of an authorized explosive or a restricted component, declare that the explosive or restricted component by means of which or in relation to which the offence was committed be forfeited to the Crown.
Disposal of explosive or component forfeited (2) If an explosive or a restricted component is forfeited under section 14.6 or subsection (1) and the time within which an appeal may be taken has expired or any appeal has been disposed of, it may be seized and disposed of as the Minister directs, and the costs of its disposal may be charged to the owner or the person having the lawful possession of it at the time of its seizure.
50. Section 27 of the French version of the Act is replaced by the following: Explosifs abandonnés ou détériorés 27. Les explosifs qui, de l'avis du ministre, sont abandonnés, détériorés ou constituent un danger pour les personnes ou les biens, peuvent être saisis; il peut en être disposé, notamment par destruction, conformément à ce qu'ordonne le ministre quant aux modalités, au moment et au lieu, ainsi qu'aux personnes chargées de le faire.
51. Sections 28 and 29 of the Act are replaced by the following: Certain powers of Minister may be delegated 28. The powers conferred on the Minister by subsections 6(2) and (3) and sections 7, 9, 11, 12 and 27 may be exercised by any person designated by the Minister.
Obligation to comply with other laws 29. Nothing in this Act relieves any person
(b) of any liability or punishment imposed for any contravention of an Act, law or by-law referred to in paragraph (a).
PART 8
EXPORT AND IMPORT PERMITS ACT 52. The long title of the Export and Import Permits Act is replaced by the following: An Act respecting the export and transfer of goods and technology and the import of goods
53. (1) The definition "Export Control List" in subsection 2(1) of the Act is replaced by the following: « liste des marchandises d'exportation contrôlée » "Export Control List" means a list of goods and technology established under section 3; (2) Subsection 2(1) of the Act is amended by adding the following in alphabetical order: « technologie » "technology" includes technical data, technical assistance and information necessary for the development, production or use of an article included in an Export Control List; "transfer" « transfert » "transfer" means, in relation to technology, to dispose of it or disclose its content in any manner from a place in Canada to a place outside Canada;
54. The portion of section 3 of the Act before paragraph (a) is replaced by the following: Export control list of goods and technology 3. The Governor in Council may establish a list of goods and technology, to be called an Export Control List, including therein any article the export or transfer of which the Governor in Council deems it necessary to control for any of the following purposes:
55. Section 4 of the Act is replaced by the following: Area control list of countries 4. The Governor in Council may establish a list of countries, to be called an Area Control List, including therein any country to which the Governor in Council deems it necessary to control the export or transfer of any goods or technology.
56. Subsections 7(1) and (1.1) of the Act are replaced by the following: Export permits 7. (1) Subject to subsection (2), the Minister may issue to any resident of Canada applying therefor a permit to export or transfer goods or technology included in an Export Control List or to export or transfer goods or technology to a country included in an Area Control List, in such quantity and of such quality, by such persons, to such places or persons and subject to such other terms and conditions as are described in the permit or in the regulations.
Security considerations (1.01) In deciding whether to issue a permit under subsection (1), the Minister may, in addition to any other matter that the Minister may consider, have regard to whether the goods or technology specified in an application for a permit may be used for a purpose prejudicial to
(b) peace, security or stability in any region of the world or within any country. General permits (1.1) Notwithstanding subsection (1), the Minister may, by order, issue generally to all residents of Canada a general permit to export or transfer to any country specified in the permit any goods or technology included in an Export Control List that are specified in the permit, subject to such terms and conditions as are described in the permit.
57. Section 11 of the Act is replaced by the following: Other lawful obligations not affected by permit, etc. 11. A permit, certificate or other authorization issued or granted under this Act does not affect the obligation of any person to obtain any licence, permit or certificate to export or import that may be required under this or any other law or to pay any tax, duty, toll, impost or other sum required by any law to be paid in respect of the exportation or transfer of goods or technology or the importation of goods.
58. Paragraphs 12(d) and (e) of the Act are replaced by the following:
(e) exempting any person, goods or technology or any class of persons, goods or technology from the operation of any or all of the provisions of this Act; and 59. Section 13 of the Act is replaced by the following: Export or attempt to export 13. No person shall export or transfer, or attempt to export or transfer, any goods or technology included in an Export Control List or any goods or technology to any country included in an Area Control List except under the authority of and in accordance with an export permit issued under this Act.
60. Subsection 15(1) of the Act is replaced by the following: Diversion, etc. 15. (1) Subject to subsection (2), and except with the authority in writing of the Minister, no person shall knowingly do anything in Canada that causes or assists or is intended to cause or assist any shipment, transhipment, diversion or transfer of any goods or technology included in an Export Control List to be made, from Canada or any other place, to any country included in an Area Control List.
61. Section 16 of the Act is replaced by the following: No transfer or unauthorized use of permits 16. No person who is authorized under a permit issued under this Act to export or transfer goods or technology or to import goods shall transfer the permit to, or allow it to be used by, a person who is not so authorized.
62. Section 17 of the Act is replaced by the following: False or misleading information, and misrepresentation 17. No person shall wilfully furnish any false or misleading information or knowingly make any misrepresentation in any application for a permit, import allocation, certificate or other authorization under this Act, and no person shall do so for the purpose of procuring its issue or grant or in connection with any subsequent use of the permit, import allocation, certificate or other authorization or with the exportation, importation, transfer or disposition of goods or technology to which it relates.
63. Subsection 19(3) of the Act is replaced by the following: Factors to be considered when imposing sentence (3) If an offender is convicted or discharged under section 730 of the Criminal Code in respect of an offence under this Act or the regulations, the court imposing a sentence on or discharging the offender shall, in addition to considering any other relevant factors, consider the nature and value of the exported or transferred goods or technology, or the imported goods, that are the subject-matter of the offence.
64. Subsection 23(1) of the Act is replaced by the following: Evidence 23. (1) The original or a copy of a bill of lading, customs form, commercial invoice or other document, in this section called a ``shipping document'', is admissible in evidence in any prosecution under this Act in respect of goods or technology if it appears from the shipping document that
(b) a person, as shipper, consignor or consignee, sent, shipped or transferred the goods or technology from Canada or brought the goods into Canada; or (c) the goods or technology was sent, shipped or transferred to a destination or person other than as authorized in the export permit relating to the goods or technology or the import permit relating to the goods. 65. Sections 24 and 25 of the Act are replaced by the following: Customs officers' duties 24. All officers, as defined in the Customs Act, before permitting the export or transfer of any goods or technology or the import of any goods, shall satisfy themselves that the exporter, importer or transferor, as the case may be, has not contravened any of the provisions of this Act or the regulations and that all requirements of this Act and the regulations with reference to the goods or technology have been complied with.
Application of powers under the Customs Act 25. All officers, as defined in the Customs Act, have, with respect to any goods or technology to which this Act applies, all the powers they have under the Customs Act with respect to the importation and exportation of goods, and all the provisions of that Act and the regulations under it respecting search, detention, seizure, forfeiture and condemnation apply, with such modifications as the circumstances require, to any goods or technology that is tendered for export, transfer or import or is exported, transferred or imported or otherwise dealt with contrary to this Act and the regulations and to all documents relating to the goods or technology.
PART 9
FOOD AND DRUGS ACT
66. The Food and Drugs Act is amended by adding the following after section 30:
Interim Orders
Interim orders 30.1 (1) The Minister may make an interim order that contains any provision that may be contained in a regulation made under this Act if the Minister believes that immediate action is required to deal with a significant risk, direct or indirect, to health, safety or the environment.
Cessation of effect (2) An interim order has effect from the time that it is made but ceases to have effect on the earliest of (a) 14 days after it is made, unless it is approved by the Governor in Council, (b) the day on which it is repealed, (c) the day on which a regulation made under this Act, that has the same effect as the interim order, comes into force, and (d) one year after the interim order is made or any shorter period that may be specified in the interim order.
Contravention of unpublished order (3) No person shall be convicted of an offence consisting of a contravention of an interim order that, at the time of the alleged contravention, had not been published in the Canada Gazette unless it is proved that, at the time of the alleged contravention, the person had been notified of the interim order or reasonable steps had been taken to bring the purport of the interim order to the notice of those persons likely to be affected by it.
Exemption from Statutory Instruments Act (4) An interim order (a) is exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act; and (b) shall be published in the Canada Gazette within 23 days after it is made.
Deeming (5) For the purpose of any provision of this Act other than this section, any reference to regulations made under this Act is deemed to include interim orders, and any reference to a regulation made under a specified provision of this Act is deemed to include a reference to the portion of an interim order containing any provision that may be contained in a regulation made under the specified provision.
Tabling of order (6) A copy of each interim order must be tabled in each House of Parliament within 15 days after it is made.
House not sitting (7) In order to comply with subsection (6), the interim order may be sent to the Clerk of the House if the House is not sitting.
PART 10
HAZARDOUS PRODUCTS ACT
67. The Hazardous Products Act is amended by adding the following after section 5:
Interim Orders
Interim orders - regulations 5.1 (1) The Minister may make an interim order that contains any provision that may be contained in a regulation made under this Part if the Minister believes that immediate action is required to deal with a significant risk, direct or indirect, to health or safety.
Interim orders - section 6 (2) The Minister may make an interim order in which any power referred to in section 6 is deemed to be exercised, if the Minister believes that immediate action is required to deal with a significant risk, direct or indirect, to health or safety.
Cessation of effect (3) An interim order has effect from the time that it is made but ceases to have effect on the earliest of (a) 14 days after it is made, unless it is approved by the Governor in Council, (b) the day on which it is repealed, (c) in the case of an interim order made under subsection (1), the day on which a regulation made under this Part that has the same effect as the interim order comes into force and, in the case of an interim order made under subsection (2), the day on which an order made by the Governor in Council under this Part that has the same effect as the interim order comes into force, and (d) one year after the interim order is made or any shorter period that may be specified in the interim order.
Contravention of unpublished order (4) No person shall be convicted of an offence consisting of a contravention of an interim order that, at the time of the alleged contravention, had not been published in the Canada Gazette unless it is proved that, at the time of the alleged contravention, the person had been notified of the interim order or reasonable steps had been taken to bring the purport of the interim order to the notice of those persons likely to be affected by it.
Exemption from Statutory Instruments Act (5) An interim order (a) is exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act; and (b) shall be published in the Canada Gazette within 23 days after it is made.
Deeming (6) For the purpose of any provision of this Part other than this section, any reference to regulations made under this Act is deemed to include interim orders, and any reference to a regulation made under a specified provision of this Act is deemed to include a reference to the portion of an interim order containing any provision that may be contained in a regulation made under the specified provision.
Tabling of order (7) A copy of each interim order must be tabled in each House of Parliament within 15 days after it is made.
House not sitting (8) In order to comply with subsection (7), the interim order may be sent to the Clerk of the House if the House is not sitting.
68. The Act is amended by adding the following after section 16:
Interim Orders 16.1 (1) The Minister may make an interim order that contains any provision that may be contained in a regulation made under this Part if the Minister believes that immediate action is required to deal with a significant risk, direct or indirect, to health or safety.
Interim orders - sections 17 and 18 (2) The Minister may make an interim order in which any power referred to in sections 17 and 18 is deemed to be exercised, if the Minister believes that immediate action is required to deal with a significant risk, direct or indirect, to health or safety.
Cessation of effect (3) An interim order has effect from the time that it is made but ceases to have effect on the earliest of (a) 14 days after it is made, unless it is approved by the Governor in Council, (b) the day on which it is repealed, (c) in the case of an interim order made under subsection (1), the day on which a regulation made under this Part that has the same effect as the interim order comes into force and, in the case of an interim order made under subsection (2), the day on which an order made by the Governor in Council under this Part that has the same effect as the interim order comes into force, and (d) one year after the interim order is made or any shorter period that may be specified in the interim order.
Contravention of unpublished order (4) No person shall be convicted of an offence consisting of a contravention of an interim order that, at the time of the alleged contravention, had not been published in the Canada Gazette unless it is proved that, at the time of the alleged contravention, the person had been notified of the interim order or reasonable steps had been taken to bring the purport of the interim order to the notice of those persons likely to be affected by it.
Exemption from Statutory Instruments Act (5) An interim order (a) is exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act; and (b) shall be published in the Canada Gazette within 23 days after it is made.
Deeming (6) For the purpose of any provision of this Part other than this section and section 19, any reference to regulations made under this Act is deemed to include interim orders, and any reference to a regulation made under a specified provision of this Act is deemed to include a reference to the portion of an interim order containing any provision that may be contained in a regulation made under the specified provision.
Tabling of order (7) A copy of each interim order must be tabled in each House of Parliament within 15 days after it is made.
House not sitting (8) In order to comply with subsection (7), the interim order may be sent to the Clerk of the House if the House is not sitting.
69. The Act is amended by adding the following after section 27:
Interim Orders Interim orders 27.1 (1) The Minister may make an interim order that contains any provision that may be contained in a regulation made under this Part if the Minister believes that immediate action is required to deal with a significant risk, direct or indirect, to health or safety.
Cessation of effect (2) An interim order has effect from the time that it is made but ceases to have effect on the earliest of (a) 14 days after it is made, unless it is approved by the Governor in Council, (b) the day on which it is repealed, (c) the day on which a regulation made under this Part, that has the same effect as the interim order, comes into force, and (d) one year after the interim order is made or any shorter period that may be specified in the interim order.
Contravention of unpublished order (3) No person shall be convicted of an offence consisting of a contravention of an interim order that, at the time of the alleged contravention, had not been published in the Canada Gazette unless it is proved that, at the time of the alleged contravention, the person had been notified of the interim order or reasonable steps had been taken to bring the purport of the interim order to the notice of those persons likely to be affected by it.
Exemption from Statutory Instruments Act (4) An interim order (a) is exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act; and (b) shall be published in the Canada Gazette within 23 days after it is made.
Deeming (5) For the purpose of any provision of this Part other than this section, any reference to regulations made under this Act is deemed to include interim orders, and any reference to a regulation made under a specified provision of this Act is deemed to include a reference to the portion of an interim order containing any provision that may be contained in a regulation made under the specified provision.
Tabling of order (6) A copy of each interim order must be tabled in each House of Parliament within 15 days after it is made.
House not sitting (7) In order to comply with subsection (6), the interim order may be sent to the Clerk of the House if the House is not sitting.
PART 11
IMMIGRATION AND REFUGEE PROTECTION ACT
70. Subsection 5(2) of the Immigration and Refugee Protection Act is replaced by the following:
Tabling and referral of proposed regulations (2) The Minister shall cause a copy of each proposed regulation made pursuant to sections 17, 32, 53, 61, 102, 116, 150 and 150.1 to be laid before each House of Parliament, and each House shall refer the proposed regulation to the appropriate Committee of that House.
71. (1) Paragraph 149(a) of the Act is replaced by the following: (a) the information may be used only for the purposes of this Act or the Department of Citizenship and Immigration Act or to identify a person for whom a warrant of arrest has been issued in Canada; and
(2) Paragraph 149(b) of the English version of the Act is replaced by the following: (b) notice regarding use of the information must be given to the person to whom it relates.
72. The Act is amended by adding the following after section 150:
Regulations 150.1 (1) The regulations may provide for any matter relating to
(b) the disclosure of information for the purposes of national security, the defence of Canada or the conduct of international affairs, including the implementation of an agreement or arrangement entered into under section 5 of the Department of Citizenship and Immigration Act. Conditions (2) Regulations made under subsection (1) may include conditions under which the collection, retention, disposal and disclosure may be made.
PART 12
MARINE TRANSPORTATION SECURITY ACT 73. The Marine Transportation Security Act is amended by adding the following after section 11:
AGREEMENTS, CONTRIBUTIONS AND GRANTS
Agreements, contributions and grants 11.1 (1) The Minister may, with the approval of the Governor in Council given on the recommendation of the Treasury Board and on any terms and conditions specified by the Governor in Council on the recommendation of the Treasury Board, enter into agreements respecting security of marine transportation or make contributions or grants in respect of the cost or expense of actions that in the opinion of the Minister enhance security on vessels or at marine facilities.
Deeming (2) Subsection (1) is deemed, for the purposes of paragraph 25(b) of the Canada Marine Act, to be a provision of an Act of general application providing for grants.
Sunset provision (3) Subsections (1) and (2) cease to apply three years after the day on which this section comes into force.
PART 13
NATIONAL DEFENCE ACT 74. The definitions "emergency" and "Minister" in subsection 2(1) of the National Defence Act are replaced by the following: « état d'urgence » "emergency" means an insurrection, riot, invasion, armed conflict or war, whether real or apprehended; "Minister" « ministre » "Minister", except in Part VII, means the Minister of National Defence; 75. The portion of subsection 16(1) of the Act before paragraph (a) is replaced by the following: Special force 16. (1) In an emergency, or if considered desirable in consequence of any action undertaken by Canada under the United Nations Charter or the North Atlantic Treaty, the North American Aerospace Defence Command Agreement or any other similar instrument to which Canada is a party, the Governor in Council may establish and authorize the maintenance of a component of the Canadian Forces, called the special force, consisting of
76. Subsection 31(1) of the Act is amended by striking out the word "or" at the end of paragraph (a) and by replacing paragraph (b) with the following:
(c) in consequence of any action undertaken by Canada under the North Atlantic Treaty, the North American Aerospace Defence Command Agreement or any other similar instrument to which Canada is a party. 77. The Act is amended by adding the following after section 165.27:
Panel established 165.28 There is established a panel, called the Reserve Military Judges Panel (in this section and sections 165.29 to 165.32 referred to as the ``Panel''), to which the Governor in Council may name officers of the reserve force who have previously performed
(b) before September 1, 1999, the duties of a president of a Standing Court Martial, a presiding judge of a Special General Court Martial or a judge advocate of a General Court Martial or Disciplinary Court Martial. Removal from Panel 165.29 (1) The Governor in Council may remove from the Panel for cause the name of any officer on the recommendation of an Inquiry Committee referred to in section 165.21.
Automatic removal from Panel (2) The name of an officer shall be removed from the Panel on the officer's
(b) voluntarily ceasing to be an officer of the reserve force. Voluntary removal from Panel (3) An officer may give notice in writing to the Chief Military Judge that the officer wishes their name to be removed from the Panel. The removal takes effect either on the day the notice is received by the Chief Military Judge or on a later day if one is specified in the notice.
Restriction on activities 165.3 An officer named to the Panel shall not engage in any business or professional activity that is incompatible with the duties that he or she may be required to perform under this Act.
Chief Military Judge 165.31 (1) The Chief Military Judge may select any officer named to the Panel to perform any duties referred to in section 165.23 that may be specified by the Chief Military Judge.
Effect of selection (2) An officer who is performing duties pursuant to subsection (1) has, while performing those duties, all the powers and duties of a military judge.
Training (3) The Chief Military Judge may request any officer named to the Panel to undergo any training that may be specified by the Chief Military Judge.
Remuneration 165.32 An officer named to the Panel who is performing duties or undergoing training under section 165.31 shall be paid remuneration at the daily rate of 1/251 of the annual rate of pay of a military judge other than the Chief Military Judge.
78. The Act is amended by adding the following after section 273.7:
PART V.2
AUTHORIZATIONS
Computer Systems and Networks Ministerial authorization 273.8 (1) The Minister may authorize in writing, either individually or by class, any public servant employed in the Department, or any person acting on behalf of the Department or the Canadian Forces who is performing duties relating to the operation, maintenance or protection of computer systems or networks of the Department or the Canadian Forces, to intercept private communications in relation to an activity or class of activities specified in the authorization, if such communications originate from, are directed to or transit through any such computer system or network, in the course of and for the sole purpose of identifying, isolating or preventing any harmful unauthorized use of, any interference with or any damage to those systems or networks, or any damage to the data that they contain.
Authorization to Chief of Defence Staff (2) The Minister may authorize in writing the Chief of the Defence Staff to direct, either individually or by class, any officer or non-commissioned member to intercept private communications in relation to an activity or class of activities specified in the authorization, if such communications originate from, are directed to or transit through any computer system or network of the Department or the Canadian Forces, in the course of and for the sole purpose of identifying, isolating or preventing any harmful unauthorized use of, any interference with or any damage to those systems or networks, or any damage to the data that they contain.
Conditions for authorization (3) The Minister may issue an authorization under subsection (1) or (2) only if satisfied that
(b) the information to be obtained from the interception could not reasonably be obtained by other means; (c) the consent of persons whose private communications may be intercepted cannot reasonably be obtained; (d) satisfactory measures are in place to ensure that only information that is essential to identify, isolate or prevent any harmful unauthorized use of, any interference with or any damage to the systems or networks, or any damage to the data that they contain, will be used or retained; and (e) satisfactory measures are in place to protect the privacy of Canadians in the use or retention of that information. Conditions in authorization (4) An authorization issued under this section may contain any conditions that the Minister considers advisable to protect the privacy of Canadians, including additional measures to restrict the use and retention of, the access to, and the form and manner of disclosure of, information contained in the private communications.
Effective period of authorization (5) An authorization issued under this section is valid for the period specified in it, and may be renewed for any period specified in the renewal. No authorization or renewal may be for a period longer than one year.
Variance or cancellation of authorization (6) An authorization issued under this section may be varied or cancelled in writing at any time.
Authorizations not statutory instruments (7) Authorizations issued under this section are not statutory instruments within the meaning of the Statutory Instruments Act.
Protection of persons (8) Notwithstanding any other law, every person or class of persons that is authorized to give effect to an authorization issued under this section, or any person who assists such a person, is justified in taking any reasonable action necessary to give effect to the authorization.
Crown Liability and Proceedings Act (9) No action lies under section 18 of the Crown Liability and Proceedings Act in respect of
(b) the disclosure of the existence of such a communication. Exclusion of Part VI of Criminal Code (10) Part VI of the Criminal Code does not apply in relation to an interception of a communication under the authority of an authorization issued under this section or in relation to a communication so intercepted.
Duties of Commissioner 273.9 (1) The Commissioner of the Communications Security Establishment appointed under subsection 273.63(1) has, in relation to the activities referred to in section 273.8, the following duties:
(b) in response to a complaint, to undertake any investigation that the Commissioner considers necessary; and (c) to inform the Minister and, if the Commissioner considers it appropriate, the Attorney General of Canada, of any activity referred to in paragraph (a) that the Commissioner believes may not be in compliance with the law. Certain provisions apply (2) For the purposes of subsection (1), subsections 273.63(3) to (6) apply to the Commissioner.
79. Section 278 of the Act is replaced by the following: Call out of Canadian Forces 278. On receiving a requisition in writing made by an attorney general under section 277, the Chief of the Defence Staff, or such officer as the Chief of the Defence Staff may designate, shall, subject to such directions as the Minister considers appropriate in the circumstances and in consultation with that attorney general and the attorney general of any other province that may be affected, call out such part of the Canadian Forces as the Chief of the Defence Staff or that officer considers necessary for the purpose of suppressing or preventing any actual riot or disturbance or any riot or disturbance that is considered as likely to occur.
80. The headings before section 286 of the Act are replaced by the following:
PART VII
REINSTATEMENT IN CIVIL EMPLOYMENT
Interpretation Definitions 285.01 In this Part, "employer" and "Minister" have the meaning prescribed in regulations made by the Governor in Council.
Employer's duty to reinstate 285.02 (1) If an officer or non-commissioned member of the reserve force is called out on service in respect of an emergency, the officer's or member's employer shall reinstate the officer or member in employment at the expiry of that service.
Nature of reinstatement (2) The officer or member must be reinstated in a capacity and under terms and conditions of employment no less favourable to the officer or member than those that would have applied if the officer or member had remained in the employer's employment.
Officer or member must apply (3) An officer or member who wishes to be reinstated must apply to the employer for reinstatement within ninety days after the expiry of the officer's or member's actual service or service deemed extended by virtue of section 285.03.
Exception (4) The employer's duty to reinstate an officer or member does not apply in the circumstances prescribed in regulations made by the Governor in Council.
Application procedure (5) The procedure for applying for reinstatement is that prescribed in regulations made by the Governor in Council.
Hospitalization or incapacity 285.03 If, immediately following the officer's or member's service, the officer or member is hospitalized or is physically or mentally incapable of performing the duties of the position to which the officer or member would have been entitled on reinstatement, the period of hospitalization or incapacity, to a maximum prescribed in regulations made by the Governor in Council, is deemed for the purposes of this Part to be part of the period of the officer's or member's service.
Benefits and obligations on reinstatement 285.04 On reinstatement, an officer's or member's benefits, and the employer's obligations, in respect of remuneration, pension, promotion, permanent status, seniority, paid vacation and other employment benefits shall be in accordance with regulations made by the Governor in Council.
Agreements or arrangements 285.05 Any agreement or arrangement between an employer and an officer or member respecting reinstatement continues in force, except to the extent that it is less advantageous to the officer or member than is this Part.
Termination without reasonable cause 285.06 During the one-year period following an officer's or member's reinstatement,
(b) if the employer terminates the officer's or member's employment, the onus, in any prosecution under section 285.08, is on the employer to establish that the employer had reasonable cause.
Administration and Enforcement Reinstatement Officers 285.07 (1) The Minister may designate any person as a Reinstatement Officer to assist in the administration and enforcement of this Part, and shall issue to a Reinstatement Officer a certificate of designation.
Powers and duties (2) The powers and duties of Reinstatement Officers are those prescribed in regulations made by the Governor in Council.
Requests for information (3) A Reinstatement Officer may make reasonable requests of an employer for information relating to the reinstatement of an officer or member.
Offence 285.08 (1) Every employer who contravenes section 285.02 or 285.06 or a regulation made for the purpose of section 285.04 is guilty of an offence punishable on summary conviction.
Additional order (2) A court that convicts an employer of an offence under subsection (1) may, in addition to any other punishment that it imposes, order the employer to pay to the officer or member affected an amount that the court considers reasonable in the circumstances.
Special case (3) The failure of an officer or member to perform the duties of their position during a period when the officer or member is being assisted by a Reinstatement Officer is not reasonable cause for terminating the officer's or member's employment.
Offence 285.09 Every person who fails to comply with a reasonable request made under subsection 285.07(3) is guilty of an offence punishable on summary conviction.
Minister may prosecute 285.1 The Minister shall institute and conduct a prosecution under section 285.08, without cost to the officer or member, if the Minister considers that the circumstances warrant a prosecution under that section.
Time limit 285.11 Proceedings may be instituted under section 285.08 or 285.09 within, but not later than, one year after the time when the subject-matter of the proceedings arose.
Inconsistency with other laws 285.12 In the event of any inconsistency between this Part, or regulations made for the purposes of this Part, and any other law, this Part or the regulations prevail to the extent of the inconsistency.
Consultation 285.13 In the implementation of this Part, the Minister
(b) may consult with any persons, associations, bodies and authorities that the Minister considers to be in a position to assist the Minister.
PART VIIIOFFENCES TRIABLE BY CIVIL COURTS
Application 81. The Act is amended by replacing the words "Part VII" with the words "Part VIII" wherever they occur in the following provisions: (a) the portion of subsection 2(2) before paragraph (a); and (b) subsections 130(1) and (2).
PART 14
NATIONAL ENERGY BOARD ACT 82. The National Energy Board Act is amended by adding the following after section 16.1: Confidentiality 16.2 In respect of any order, or in any proceedings, of the Board under this Act, the Board may take any measures and make any order that the Board considers necessary to ensure the confidentiality of information that is contained in the order or is likely to be disclosed in the proceedings if the Board is satisfied that
(b) the need to prevent disclosure of the information outweighs the public interest in disclosure of orders and proceedings of the Board. 83. (1) Subsection 26(1) of the Act is replaced by the following: Study and review 26. (1) The Board shall study and keep under review matters over which Parliament has jurisdiction relating to
(b) the safety and security of pipelines and international power lines. Report and recommendations to Minister (1.1) The Board shall report on the matters referred to in subsection (1) from time to time to the Minister and shall recommend to the Minister such measures within the jurisdiction of Parliament as it considers necessary or advisable in the public interest for
(b) the safety and security of pipelines and international power lines.
(2) The portion of subsection 26(2) of the Act before paragraph (a) is replaced by the following: Request of Minister (2) The Board shall, with respect to energy matters, sources of energy and the safety and security of pipelines and international power lines,
(3) The portion of subsection 26(4) of the Act before paragraph (a) is replaced by the following: Other advisory functions (4) The Board and its officers and employees may, on request, provide advice about energy matters, sources of energy and the safety and security of pipelines and international power lines to
84. (1) Subsection 48(1) of the Act is replaced by the following: Safety and security 48. (1) To promote the safety and security of operation of a pipeline, the Board may order a company to repair, reconstruct or alter part of the pipeline, and may direct that, until the work is done, that part of the pipeline not be used or be used in accordance with such terms and conditions as the Board may specify.
Other measures (1.1) The Board may order a company to take measures that the Board considers necessary for the safety and security of a pipeline.
(2) Subsection 48(2) of the English version of the Act is replaced by the following: Regulations as to safety and security (2) The Board may, with the approval of the Governor in Council, make regulations governing the design, construction, operation and abandonment of a pipeline and providing for the protection of property and the environment and the safety and security of the public and of the company's employees in the construction, operation and abandonment of a pipeline.
85. Paragraphs 49(1)(a) and (b) of the Act are replaced by the following:
(b) the protection of property and the environment; (b.1) the safety and security of pipelines; 86. (1) The portion of subsection 51.1(1) of the English version of the Act before paragraph (a) is replaced by the following: Grounds for making order 51.1 (1) An inspection officer who is expressly authorized by the Board to make orders under this section may make an order if the inspection officer has reasonable grounds to believe that a hazard to the safety or security of the public or of employees of a company or a detriment to property or the environment is being or will be caused by
87. Section 58.12 of the Act is replaced by the following: Publication 58.12 (1) The applicant shall publish a notice of the application in the Canada Gazette and such other publications as the Board considers appropriate.
Waiver (2) The Board may waive the requirement to publish a notice referred to in subsection (1) if the Board considers that there is a critical shortage of electricity caused by terrorist activity within the meaning of subsection 83.01(1) of the Criminal Code.
88. Subsection 58.31(4) of the Act is replaced by the following: Directions (4) The Board may direct the owner of a facility constructed across, on, along or under a power line in contravention of this Act or the Board's orders or regulations to do such things as the Board considers necessary for the safety or security of the power line and may, if the Board considers that the facility may impair the safety or security of the operation of the power line, direct the owner to reconstruct, alter or remove the facility.
89. Subsection 81(4) of the English version of the Act is replaced by the following: Terms of leave (4) The Board may grant the application referred to in subsection (3) on such terms and conditions for the protection, safety or security of the public as seem expedient to the Board, and may order that such things be done as under the circumstances appear to the Board to be best adapted to remove or diminish the danger arising or likely to arise from the proposed operations.
90. Section 82 of the Act is replaced by the following: Examination of site of mining operations 82. If necessary in order to ascertain whether any mining or prospecting operations have been carried on so as to injure or be detrimental to a pipeline or its safety or security or the safety or security of the public, a company may, with the written permission of the Board and after giving twenty-four hours notice in writing, enter on any lands through or near which its pipeline passes where any mining or prospecting operations are being carried on, and enter into and return from the site of the operations, and for those purposes the company may make use of any apparatus used in connection with the operations and use all necessary means for discovering the distance from its pipeline to the place where the operations are being carried on.
91. Subsection 112(4) of the Act is replaced by the following: Directions (4) The Board may direct the owner of a facility constructed across, on, along or under a pipeline in contravention of this Act or the Board's orders or regulations to do such things as the Board considers necessary for the safety or security of the pipeline and may, if the Board considers that the facility may impair the safety or security of the operation of the pipeline, direct the owner to reconstruct, alter or remove the facility.
92. Section 119.04 of the Act is replaced by the following: Publication 119.04 (1) The applicant shall publish a notice of the application in the Canada Gazette and such other publications as the Board considers appropriate.
Waiver (2) The Board may waive the requirement to publish a notice referred to in subsection (1) if the Board considers that there is a critical shortage of electricity outside Canada caused by terrorist activity within the meaning of subsection 83.01(1) of the Criminal Code.
93. The Act is amended by adding the following after section 130: Security regulations 131. (1) The Board may, with the approval of the Governor in Council, make regulations respecting the security of pipelines and international power lines, including, without limiting the generality of the foregoing, regulations respecting standards, plans and audits relating to the security of pipelines and international power lines.
Offence and punishment (2) Every person who contravenes any of the regulations made under subsection (1) is guilty of an offence and liable
(b) on conviction on indictment, to a fine not exceeding five hundred thousand dollars or to imprisonment for a term not exceeding five years or to both.
PART 15
NAVIGABLE WATERS PROTECTION ACT 94. The definition "Minister" in section 2 of the Navigable Waters Protection Act is replaced by the following: « ministre » "Minister" means the Minister of Fisheries and Oceans; 95. The Act is amended by adding the following after section 13:
Interim Orders Interim orders 13.1 (1) The Minister may make an interim order that contains any provision that may be contained in a regulation made under this Part if the Minister believes that immediate action is required to deal with a significant risk, direct or indirect, to safety or security.
Cessation of effect (2) An interim order has effect from the time that it is made but ceases to have effect on the earliest of
(b) the day on which it is repealed, (c) the day on which a regulation made under this Part, that has the same effect as the interim order, comes into force, and (d) one year after the interim order is made or any shorter period that may be specified in the interim order. Contravention of unpublished order (3) No person shall be convicted of an offence consisting of a contravention of an interim order that, at the time of the alleged contravention, had not been published in the Canada Gazette unless it is proved that, at the time of the alleged contravention, the person had been notified of the interim order or reasonable steps had been taken to bring the purport of the interim order to the notice of those persons likely to be affected by it.
Exemption from Statutory Instruments Act (4) An interim order
(b) shall be published in the Canada Gazette within 23 days after it is made. Deeming (5) For the purpose of any provision of this Part other than this section, any reference to regulations made under this Act is deemed to include interim orders, and any reference to a regulation made under a specified provision of this Act is deemed to include a reference to the portion of an interim order containing any provision that may be contained in a regulation made under the specified provision.
Tabling of order (6) A copy of each interim order must be tabled in each House of Parliament within 15 days after it is made.
House not sitting (7) In order to comply with subsection (6), the interim order may be sent to the Clerk of the House if the House is not sitting.
96. The Act is amended by adding the following after section 31:
Interim orders 32. (1) The Minister may make an interim order that contains any provision that may be contained in a regulation made under this Part if the Minister believes that immediate action is required to deal with a significant risk, direct or indirect, to safety or security.
Cessation of effect (2) An interim order has effect from the time that it is made but ceases to have effect on the earliest of
(b) the day on which it is repealed, (c) the day on which a regulation made under this Part, that has the same effect as the interim order, comes into force, and (d) one year after the interim order is made or any shorter period that may be specified in the interim order. Contravention of unpublished order (3) No person shall be convicted of an offence consisting of a contravention of an interim order that, at the time of the alleged contravention, had not been published in the Canada Gazette unless it is proved that, at the time of the alleged contravention, the person had been notified of the interim order or reasonable steps had been taken to bring the purport of the interim order to the notice of those persons likely to be affected by it.
Exemption from Statutory Instruments Act (4) An interim order
(b) shall be published in the Canada Gazette within 23 days after it is made. Deeming (5) For the purpose of any provision of this Part other than this section, any reference to regulations made under this Act is deemed to include interim orders, and any reference to a regulation made under a specified provision of this Act is deemed to include a reference to the portion of an interim order containing any provision that may be contained in a regulation made under the specified provision.
Tabling of order (6) A copy of each interim order must be tabled in each House of Parliament within 15 days after it is made.
House not sitting (7) In order to comply with subsection (6), the interim order may be sent to the Clerk of the House if the House is not sitting.
PART 16
OFFICE OF THE SUPERINTENDENT OF FINANCIAL INSTITUTIONS ACT
97. Section 22 of the Office of the Superintendent of Financial Institutions Act is amended by adding the following after subsection (1): Disclosure by Superintendent (1.1) Despite subsection (1), subsections 606(1) and 636(1) of the Bank Act, subsection 435(1) of the Cooperative Credit Associations Act, subsection 672(1) of the Insurance Companies Act and subsection 503(1) of the Trust and Loan Companies Act, the Superintendent may disclose to the Financial Transactions and Reports Analysis Centre of Canada established by section 41 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act information relating to policies and procedures that financial institutions adopt to ensure their compliance with Part 1 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act.
PART 17
PERSONAL INFORMATION PROTECTION AND ELECTRONIC DOCUMENTS ACT 98. (1) Subsection 7(1) of the Personal Information Protection and Electronic Documents Act is amended by striking out the word "or" at the end of paragraph (c), by adding the word "or" at the end of paragraph (d) and by adding the following after paragraph (d):
(i) under subparagraph (3)(c.1)(i) or (d)(ii), or
(2) Paragraph 7(2)(d) of the Act is replaced by the following:
PART 18
PEST CONTROL PRODUCTS ACT 99. The Pest Control Products Act is amended by adding the following after section 6:
INTERIM ORDERS Interim orders 6.1 (1) The Minister may make an interim order that contains any provision that may be contained in a regulation made under this Act if the Minister believes that immediate action is required to deal with a significant risk, direct or indirect, to health, safety or the environment.
Cessation of effect (2) An interim order has effect from the time that it is made but ceases to have effect on the earliest of
(b) the day on which it is repealed, (c) the day on which a regulation made under this Act, that has the same effect as the interim order, comes into force, and (d) one year after the interim order is made or any shorter period that may be specified in the interim order. Contravention of unpublished order (3) No person shall be convicted of an offence consisting of a contravention of an interim order that, at the time of the alleged contravention, had not been published in the Canada Gazette unless it is proved that, at the time of the alleged contravention, the person had been notified of the interim order or reasonable steps had been taken to bring the purport of the interim order to the notice of those persons likely to be affected by it.
Exemption from Statutory Instruments Act (4) An interim order
(b) shall be published in the Canada Gazette within 23 days after it is made. Deeming (5) For the purpose of any provision of this Act other than this section, any reference to regulations made under this Act is deemed to include interim orders, and any reference to a regulation made under a specified provision of this Act is deemed to include a reference to the portion of an interim order containing any provision that may be contained in a regulation made under the specified provision.
Tabling of order (6) A copy of each interim order must be tabled in each House of Parliament within 15 days after it is made.
House not sitting (7) In order to comply with subsection (6), the interim order may be sent to the Clerk of the House if the House is not sitting.
PART 19
PROCEEDS OF CRIME (MONEY LAUNDERING) AND TERRORIST FINANCING ACT
100. Paragraph 54(b) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act is replaced by the following:
101. Section 65 of the Act is renumbered as subsection 65(1) and is amended by adding the following: Compliance of persons or entities (2) For the purpose of ensuring compliance with Part 1, the Centre may disclose to or receive from any agency or body that regulates or supervises persons or entities to whom Part 1 applies information relating to the compliance of those persons or entities with that Part.
Limitation (3) Any information disclosed by the Centre under subsection (2) may be used by an agency or body referred to in that subsection only for purposes relating to compliance with Part 1.
PART 20
QUARANTINE ACT 102. The Quarantine Act is amended by adding the following after section 21:
INTERIM ORDERS Interim orders - regulations 21.1 (1) The Minister may make an interim order that contains any provision that may be contained in a regulation made under this Act if the Minister believes that immediate action is required to deal with a significant risk, direct or indirect, to health or safety.
Interim orders - subsection 21(2) (2) The Minister may make an interim order in which any power referred to in subsection 21(2) is deemed to be exercised, if the Minister believes that immediate action is required to deal with a significant risk, direct or indirect, to health or safety.
Cessation of effect (3) An interim order has effect from the time that it is made but ceases to have effect on the earliest of
(b) the day on which it is repealed, (c) in the case of an interim order made under subsection (1), the day on which a regulation made under this Act that has the same effect as the interim order comes into force and, in the case of an interim order made under subsection (2), the day on which an order made by the Governor in Council under this Act that has the same effect as the interim order comes into force, and (d) one year after the interim order is made or any shorter period that may be specified in the interim order. Contravention of unpublished order (4) No person shall be convicted of an offence consisting of a contravention of an interim order that, at the time of the alleged contravention, had not been published in the Canada Gazette unless it is proved that, at the time of the alleged contravention, the person had been notified of the interim order or reasonable steps had been taken to bring the purport of the interim order to the notice of those persons likely to be affected by it.
Exemption from Statutory Instruments Act (5) An interim order
(b) shall be published in the Canada Gazette within 23 days after it is made. Deeming (6) For the purpose of any provision of this Act other than this section, any reference to regulations made under this Act is deemed to include interim orders, and any reference to a regulation made under a specified provision of this Act is deemed to include a reference to the portion of an interim order containing any provisions that may be contained in a regulation made under the specified provision.
Tabling of order (7) A copy of each interim order must be tabled in each House of Parliament within 15 days after it is made.
House not sitting (8) In order to comply with subsection (7), the interim order may be sent to the Clerk of the House if the House is not sitting.
PART 21
RADIATION EMITTING DEVICES ACT 103. The Radiation Emitting Devices Act is amended by adding the following after section 13:
INTERIM ORDERS
13.1 (1) The Minister may make an interim order that contains any provision that may be contained in a regulation made under this Act if the Minister believes that immediate action is required to deal with a significant risk, direct or indirect, to health or safety.
Cessation of effect (2) An interim order has effect from the time that it is made but ceases to have effect on the earliest of
(b) the day on which it is repealed, (c) the day on which a regulation made under this Act, that has the same effect as the interim order, comes into force, and (d) one year after the interim order is made or any shorter period that may be specified in the interim order. Contravention of unpublished order (3) No person shall be convicted of an offence consisting of a contravention of an interim order that, at the time of the alleged contravention, had not been published in the Canada Gazette unless it is proved that, at the time of the alleged contravention, the person had been notified of the interim order or reasonable steps had been taken to bring the purport of the interim order to the notice of those persons likely to be affected by it.
Exemption from Statutory Instruments Act (4) An interim order
(b) shall be published in the Canada Gazette within 23 days after it is made. Deeming (5) For the purpose of any provision of this Act other than this section and subsection 13(2), any reference to regulations made under this Act is deemed to include interim orders, and any reference to a regulation made under a specified provision of this Act is deemed to include a reference to the portion of an interim order containing any provision that may be contained in a regulation made under the specified provision.
Tabling of order (6) A copy of each interim order must be tabled in each House of Parliament within 15 days after it is made.
House not sitting (7) In order to comply with subsection (6), the interim order may be sent to the Clerk of the House if the House is not sitting.
PART 22
CANADA SHIPPING ACTS
Canada Shipping Act 104. The Canada Shipping Act is amended by adding the following after section 8:
Interim Orders 8.1 (1) The Minister of Transport or the Minister of Fisheries and Oceans, or both, may make an interim order that contains any of the following provisions, if the Minister or Ministers, as the case may be, believe that immediate action is required to deal with a significant risk, direct or indirect, to safety, security or the environment:
(b) in the case of the Minister of Fisheries and Oceans, any provision that may be contained in a regulation made under section 423, 519, 562.15, 562.16 or 660.9; and (c) in the case of the Minister of Transport, any provision that may be contained in a regulation made under any other section of this Act, other than section 727.7. Cessation of effect (2) An interim order has effect from the time that it is made but ceases to have effect on the earliest of
(b) the day on which it is repealed, (c) the day on which a regulation made under this Act, that has the same effect as the interim order, comes into force, and (d) one year after the interim order is made or any shorter period that may be specified in the interim order. Contravention of unpublished order (3) No person or ship shall be convicted of an offence consisting of a contravention of an interim order that, at the time of the alleged contravention, had not been published in the Canada Gazette unless it is proved that, at the time of the alleged contravention, the person or ship had been notified of the interim order or reasonable steps had been taken to bring the purport of the interim order to the notice of those persons or ships likely to be affected by it.
Exemption from Statutory Instruments Act (4) An interim order
(b) shall be published in the Canada Gazette within 23 days after it is made. Deeming (5) For the purpose of any provision of this Act other than this section, any reference to regulations made under this Act is deemed to include interim orders, and any reference to a regulation made under a specified provision of this Act is deemed to include a reference to the portion of an interim order containing any provision that may be contained in a regulation made under the specified provision.
Tabling of order (6) A copy of each interim order must be tabled in each House of Parliament within 15 days after it is made.
House not sitting (7) In order to comply with subsection (6), the interim order may be sent to the Clerk of the House if the House is not sitting.
105. The Canada Shipping Act, 2001 is amended by adding the following after section 10:
Interim Orders 10.1 (1) The Minister of Transport or the Minister of Fisheries and Oceans, or both, may make an interim order that contains any of the following provisions, if the Minister or Ministers, as the case may be, believe that immediate action is required to deal with a significant risk, direct or indirect, to safety, security or the environment:
(b) in the case of the Minister of Fisheries and Oceans, any provision that may be contained in a regulation made under subsection 35(3), Part 5, except subsection 136(2), or Part 7, 8 or 10; and (c) in the case of the Minister of Transport, any provision that may be contained in a regulation made under paragraph 4(b), section 7, subsection 35(1) or Part 2, 3, 4, 6, 9, 11 or 12. Cessation of effect (2) An interim order has effect from the time that it is made but ceases to have effect on the earliest of
(b) the day on which it is repealed, (c) the day on which a regulation made under this Act, that has the same effect as the interim order, comes into force, and (d) one year after the interim order is made or any shorter period that may be specified in the interim order. Contravention of unpublished order (3) No person or vessel shall be convicted of an offence consisting of a contravention of an interim order that, at the time of the alleged contravention, had not been published in the Canada Gazette unless it is proved that, at the time of the alleged contravention, the person or vessel had been notified of the interim order or reasonable steps had been taken to bring the purport of the interim order to the notice of those persons or vessels likely to be affected by it.
Exemption from Statutory Instruments Act (4) An interim order
(b) shall be published in the Canada Gazette within 23 days after it is made. Deeming (5) For the purpose of any provision of this Act other than this section, any reference to regulations made under this Act is deemed to include interim orders, and any reference to a regulation made under a specified provision of this Act is deemed to include a reference to the portion of an interim order containing any provision that may be contained in a regulation made under the specified provision.
Tabling of order (6) A copy of each interim order must be tabled in each House of Parliament within 15 days after it is made.
House not sitting (7) In order to comply with subsection (6), the interim order may be sent to the Clerk of the House if the House is not sitting.
PART 23
BIOLOGICAL AND TOXIN WEAPONS CONVENTION 106. The Biological and Toxin Weapons Convention Implementation Act is enacted as follows: An Act to implement the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction
SHORT TITLE Short title 1. This Act may be cited as the Biological and Toxin Weapons Convention Implementation Act.
Definition of "Minister" 2. In this Act, "Minister"' means the member of the Queen's Privy Council for Canada that the Governor in Council designates as the Minister for the purposes of this Act.
Purpose of Act 3. The purpose of this Act is to fulfil Canada's obligations under the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction, which entered into force on March 26, 1975, as amended from time to time pursuant to Article XI of that Convention.
Publication of amendments 4. The Minister shall, as soon as practicable after any amendment to the Convention is made pursuant to Article XI of the Convention, cause a copy of the amendment to be published in the Canada Gazette.
Act binding on Her Majesty 5. This Act is binding on Her Majesty in right of Canada or a province.
Prohibition 6. (1) No person shall develop, produce, retain, stockpile, otherwise acquire or possess, use or transfer
(b) any weapon, equipment or means of delivery designed to use such an agent or toxin for hostile purposes or in armed conflict. Biological defence (2) For greater certainty, subsection (1) does not prohibit any program or activity carried out or authorized by Canada and specifically designed to protect or defend humans, animals or plants against the use of any microbial or other biological agent or toxin for hostile purposes or in armed conflict, or to detect or assess the impact of such use.
Authorization under regulations 7. (1) Except as authorized under the regulations or any Act of Parliament, no person shall develop, produce, retain, stockpile, otherwise acquire or possess, use or transfer any microbial or other biological agent or toxin identified in the regulations.
Exportation or importation (2) Except as authorized under the Export and Import Permits Act or any other Act of Parliament, no person shall export or import a microbial or other biological agent or toxin identified in the regulations made under this Act.
8. (1) The Minister may designate any person or class of persons to be the responsible authority for the purposes of this Act.
Representatives of responsible authority (2) The Minister may designate persons or classes of persons to act as representatives of the responsible authority.
Designation of inspectors 9. The Minister may designate persons or classes of persons as inspectors for the purpose of the enforcement of this Act, and set conditions applicable to the person's inspection activities, after consulting any other Minister who has powers in relation to inspections for biological agents or toxins.
Certificates of designation 10. (1) An inspector or a representative of the responsible authority shall be given a certificate of designation, which must state the privileges and immunities applicable to the person and, in the case of an inspector, any conditions applicable under section 9.
Production on entry (2) An inspector or a representative of the responsible authority shall, on entering any place under this Act, produce the certificate of designation at the request of any individual in charge of that place.
Statutory Instruments Act (3) A certificate of designation is not a statutory instrument for the purposes of the Statutory Instruments Act.
Entry and inspection 11. (1) Subject to subsection (5), for the purpose of ensuring compliance with this Act, an inspector may enter and inspect, at any reasonable time, any place in which the inspector believes on reasonable grounds there is
(b) any weapon, equipment or means of delivery designed to use such an agent or toxin; or (c) any information relevant to the administration of this Act. Powers of inspectors (2) An inspector carrying out an inspection may
(b) examine, take samples of, detain or remove any thing referred to in subsection (1); (c) require any person to produce for inspection, or to copy, any document that the inspector believes contains any information relevant to the administration of this Act; and (d) require that any individual in charge of the place take any measures that the inspector considers appropriate. Operation of computer and copying equipment (3) An inspector carrying out an inspection may
(b) reproduce or cause to be reproduced any record from the data, in the form of a printout or other intelligible output, and remove the printout or other output for examination or copying; and (c) use or cause to be used any equipment at the place to make copies of any data or any record, book of account or other document. Inspector may be accompanied (4) An inspector carrying out an inspection may be accompanied by any other person chosen by the inspector.
Warrant to enter dwelling-house (5) An inspector may not enter a dwelling-house except with the consent of the occupant or under the authority of a warrant issued under subsection (6).
Authority to issue warrant (6) If on ex parte application a justice of the peace is satisfied by information on oath that
(b) entry into the dwelling-house is necessary for any purpose relating to the administration of this Act or the regulations, and (c) entry into the dwelling-house has been refused or there are reasonable grounds to believe that entry will be refused, the justice may issue a warrant authorizing the inspector named in the warrant to enter the dwelling-house, subject to any conditions that may be specified in the warrant. Use of force (7) The inspector may not use force to execute the warrant unless its use is specifically authorized in the warrant.
Search and seizure 12. (1) An inspector is a public officer for the purposes of the application of section 487 of the Criminal Code in respect of an offence under subsection 6(1) unless otherwise provided by the conditions set under section 9.
Where warrant not necessary (2) An inspector may exercise without a warrant any of the powers conferred by virtue of subsection (1) if the conditions for obtaining a warrant exist but, by reason of exigent circumstances, it would not be practical to obtain a warrant.
Notice of reason for seizure (3) An inspector who seizes and detains anything shall, as soon as practicable, advise its owner or the person having the possession, care or control of it at the time of its seizure of the reason for the seizure.
Obstruction and false statements 13. (1) No person shall obstruct or hinder, or knowingly make any false or misleading statement either orally or in writing to, an inspector or a representative of the responsible authority engaged in carrying out duties under this Act.
Assistance to inspectors (2) The owner or person in charge of a place entered under section 11 and every person present in that place shall give an inspector all reasonable assistance to enable the inspector to perform his or her duties, and shall furnish the inspector with any information related to the administration of this Act that the inspector reasonably requests.
Interference (3) Except with the authority of an inspector, no person shall remove, alter or interfere in any way with any thing seized under this Act.
Punishment 14. (1) Every person who contravenes section 6 or 7 is guilty of an indictable offence and liable on conviction to a fine not exceeding $1,000,000 or to imprisonment for a term not exceeding ten years, or to both.
Punishment (2) Every person who contravenes section 13 or 17, subsection 18(2) or section 19 or any provision of the regulations is guilty of an offence punishable on summary conviction and liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding two years, or to both.
Continuing offence 15. Where an offence under this Act is committed or continued on more than one day, the person who committed the offence is liable to be convicted for a separate offence for each day on which the offence is committed or continued.
Jurisdiction 16. (1) Where a person is alleged to have committed an offence under this Act, proceedings in respect of that offence may be commenced at the instance of the Government of Canada and conducted by the Attorney General of Canada or counsel acting on his or her behalf in any territorial division in Canada, if the offence is alleged to have occurred outside the province in which the proceedings are commenced, whether or not proceedings have previously been commenced elsewhere in Canada.
Trial and punishment (2) An accused may be tried and punished in respect of an offence referred to in subsection (1) in the same manner as if the offence had been committed in the territorial division where the proceeding is conducted.
Information and documents 17. Every person who develops, produces, retains, stockpiles, otherwise acquires or possesses, uses, transfers, exports or imports any microbial or other biological agent, any toxin or any related equipment identified in the regulations shall
(b) keep and maintain in Canada the documents specified by the regulations, at the person's place of business or at such other place as may be designated by the Minister, in the manner and for the period that is specified by the regulations and, on request by the Minister or the responsible authority, provide the documents to the responsible authority or to any other portion of the public service of Canada specified by the regulations. Notice for disclosure of information 18. (1) The Minister may send a notice to any person who the Minister believes on reasonable grounds has information or documents relevant to the enforcement of this Act, requesting the person to provide the information or documents to the Minister.
Compliance with notice (2) A person who receives a notice referred to in subsection (1) shall provide the requested information and documents that are under the person's care or control to the Minister in the form and within the time specified in the notice.
Confidential information 19. No person who obtains information or documents pursuant to this Act or the Convention from a person who consistently treated them in a confidential manner shall knowingly, without the written consent of that person, communicate them or allow them to be communicated to any person, or allow any person to have access to them, except
(b) pursuant to an obligation of the Government of Canada under the Convention; or (c) to the extent that they are required to be disclosed or communicated in the interest of public safety.
Powers of Governor in Council 20. The Governor in Council may, on the recommendation of the Minister and any other Minister who has powers in relation to biological agents or toxins, make regulations
(b) respecting conditions under which activities referred to in subsection 7(1) may be carried on, providing for the issue, suspension and cancellation of authorizations governing the carrying on of any such activity and prescribing the fees or the manner of calculating the fees to be paid in respect of any such authorizations; (c) identifying microbial or other biological agents and toxins for the purposes of subsection 7(1) or (2); (d) respecting the powers, privileges, immunities and obligations of representatives of the responsible authority who are designated under subsection 8(2) and respecting the privileges and immunities of inspectors; (e) respecting the detention, storage, transfer, restoration, forfeiture and disposal - including destruction - of things removed by inspectors under this Act or seized by inspectors under section 487 of the Criminal Code; (f) for the purposes of section 17, identifying microbial or other biological agents and toxins and related equipment, and specifying anything that is to be specified by the regulations; and (g) generally for carrying out the purposes and provisions of the Convention.
PART 24
CONSEQUENTIAL, COORDINATING AND COMMENCEMENT PROVISIONS
Consequential Amendments Access to Information Act 107. Schedule II to the Access to Information Act is amended by replacing the reference to ``subsections 4.8(1) and 6.5(5)'' opposite the reference to the Aeronautics Act with a reference to ``subsections 4.79(1) and 6.5(5)''. Criminal Code 108. The definition "offence" in section 183 of the Criminal Code is replaced by the following: « infraction » "offence" means an offence contrary to, any conspiracy or attempt to commit or being an accessory after the fact in relation to an offence contrary to, or any counselling in relation to an offence contrary to
(ii) section 51 (intimidating Parliament or a legislature),
(iv) section 57 (forgery, etc.), (v) section 61 (sedition), (vi) section 76 (hijacking), (vii) section 77 (endangering safety of aircraft or airport), (viii) section 78 (offensive weapons, etc., on aircraft), (ix) section 78.1 (offences against maritime navigation or fixed platforms), (x) section 80 (breach of duty), (xi) section 81 (using explosives), (xii) section 82 (possessing explosives),
(xii.2) section 83.03 (providing, making available, etc., property or services for terrorist purposes), (xii.3) section 83.04 (using or possessing property for terrorist purposes), (xii.4) section 83.18 (participation in activity of terrorist group), (xii.5) section 83.19 (facilitating terrorist activity), (xii.6) section 83.2 (commission of offence for terrorist group), (xii.7) section 83.21 (instructing to carry out activity for terrorist group), (xii.8) section 83.22 (instructing to carry out terrorist activity),
(xii.91) section 83.231 (hoax - terrorist activity),
(xiv) section 99 (weapons trafficking), (xv) section 100 (possession for purpose of weapons trafficking), (xvi) section 102 (making automatic firearm), (xvii) section 103 (importing or exporting knowing it is unauthorized), (xviii) section 104 (unauthorized importing or exporting),
(xx) section 120 (bribery, etc.),
(xxii) section 122 (breach of trust),
(xxiv) section 132 (perjury),
(xxvi) section 144 (prison breach),
(xxviii) paragraph 163(1)(a) (obscene materials),
(xxx) section 184 (unlawful interception),
(xxxii) subsection 201(1) (keeping gaming or betting house),
(xxxiv) subsection 210(1) (keeping common bawdy house),
(xxxvi) subsection 212(2) (procuring),
(xxxviii) subsection 212(4) (offence - prostitution of person under eighteen),
(xl) section 264.1 (uttering threats),
(xlii) section 268 (aggravated assault),
(xliv) section 271 (sexual assault),
(xlvi) section 273 (aggravated sexual assault),
(xlviii) section 279.1 (hostage taking), (xlix) section 280 (abduction of person under sixteen),
(li) section 282 (abduction in contravention of custody order),
(liii) section 318 (advocating genocide),
(lv) section 334 (theft),
(lvii) section 342.1 (unauthorized use of computer),
(lix) section 344 (robbery),
(lxi) section 347 (criminal interest rate),
(lxiii) section 354 (possession of property obtained by crime),
(lxv) section 367 (forgery),
(lxvii) section 372 (false messages),
(lxix) section 381 (using mails to defraud),
(lxxi) section 423.1 (intimidation of justice system participant or journalist),
(lxxii.1) section 424.1 (threat against United Nations or associated personnel), (lxxiii) section 426 (secret commissions),
(lxxv) section 431 (attack on premises, residence or transport of internationally protected person),
(lxxv.2) subsection 431.2(2) (explosive or other lethal device),
(lxxvii) section 434 (arson),
(lxxix) section 435 (arson for fraudulent purpose),
(lxxxi) section 450 (possession, etc., of counterfeit money),
(lxxxiii) section 462.31 (laundering proceeds of crime),
(lxxxv) section 467.11 (participation in criminal organization),
(lxxxvii) section 467.13 (instructing commission of offence for criminal organization),
(b.1) any of the following provisions of the Biological and Toxin Weapons Convention Implementation Act, namely,
(ii) section 7 (unauthorized production, etc., of biological agents),
(i) section 45 (conspiracy) in relation to any of the matters referred to in paragraphs 45(4)(a) to (d) of that Act,
(iii) subsection 52.1(3) (deceptive telemarketing),
(i) section 5 (trafficking),
(iii) section 7 (production),
(e.1) the Crimes Against Humanity and War Crimes Act,
(i) section 153 (false statements), or (ii) section 159 (smuggling),
(i) section 214 (unlawful production, sale, etc., of tobacco or alcohol),
(iii) section 218 (unlawful possession, sale, etc., of alcohol),
(v) section 230 (possession of property obtained by excise offences), or
(h) any of the following provisions of the Export and Import Permits Act, namely,
(ii) section 14 (import or attempt to import),
(iv) section 16 (no transfer of permits),
(vi) section 18 (aiding and abetting),
(i) section 117 (organizing entry into Canada),
(iii) section 119 (disembarking persons at sea),
(v) section 126 (counselling misrepresentation), or
(j) any offence under the Security of Information Act,
Repeals 109. Subsection 81(2) of An Act to amend the Criminal Code (organized crime and law enforcement) and to make consequential amendments to other Acts is repealed. 110. Section 245 of the Immigration and Refugee Protection Act is repealed.
111. (1) On the later of the coming into force of subsection 36(2) of the Transportation Appeal Tribunal of Canada Act and subsection 13(3) of this Act, subsections 7(7) and (8) of the Aeronautics Act are replaced by the following: Determination (7) The member of the Tribunal conducting the review may make the following determination:
(b) if the decision of the Minister relates to any other Canadian aviation document, the member may determine the matter by confirming the Minister's decision or by substituting his or her own determination. Effect of decision pending reconsideration (7.1) If a decision of the Minister under subsection (1) is referred back to the Minister for reconsideration under paragraph (7)(a), the decision of the Minister remains in effect until the reconsideration is concluded.
Request for reconsideration of immediate threat (8) If no appeal from a determination under subsection (7) confirming the Minister's decision is taken under section 7.2 within the time limited for doing so under that section or an appeal panel has, on an appeal under that section, confirmed the Minister's decision under this section, or if the Minister, after reconsidering the matter under paragraph (7)(a) or 7.2(3)(b), has confirmed the suspension, the holder of the document or the owner or operator of any aircraft, airport or other facility in respect of which the document was issued may, in writing, request the Minister to reconsider whether the immediate threat to aviation safety or security referred to in subsection (1) that occasioned the suspension continues to exist or is likely to occur as described in that subsection.
(2) On the later of the coming into force of section 38 of the Transportation Appeal Tribunal of Canada Act and subsection 14(1) of this Act, section 7.2 of the Aeronautics Act is replaced by the following: Right of appeal 7.2 (1) Within thirty days after the determination,
(b) a person affected by the determination or the Minister may appeal a determination made under subsection 6.9(8) or paragraph 7(7)(b) to the Tribunal. Loss of right of appeal (2) A party that does not appear at a review hearing is not entitled to appeal a determination, unless they establish that there was sufficient reason to justify their absence.
Disposition of appeal (3) The appeal panel of the Tribunal assigned to hear the appeal may
(b) in the case of a determination made under subsection 6.9(8) or paragraph 7(7)(b), dismiss the appeal, or allow the appeal and substitute its own decision. Effect of decision pending reconsideration (4) If a decision to suspend or cancel a Canadian aviation document is referred back to the Minister for reconsideration under paragraph (3)(a), the decision of the Minister remains in effect until the reconsideration is concluded. However, the appeal panel, after considering any representations made by the parties, may grant a stay of the decision made under subsection 7.1(7) until the reconsideration is concluded, if it is satisfied that granting a stay would not constitute a threat to aviation safety or security.
(3) On the later of the coming into force of section 38 of the Transportation Appeal Tribunal of Canada Act and subsection 2(4) of this Act, the portion of subsection 3(3) of the Aeronautics Act before paragraph (a) is replaced by the following: Exception (3) The following documents are deemed not to be a Canadian aviation document for the purposes of sections 6.6 to 7.21:
Pest Control Products Act 111.1 (1) If section 89 of the Pest Control Products Act (the ``other Act''), chapter 28 of the Statutes of Canada, 2002, comes into force before section 99 of this Act, then
(b) on the coming into force of section 66 of this Act, the other Act is amended by adding the following after section 67:
INTERIM ORDERS Interim orders 67.1 (1) The Minister may make an interim order that contains any provision that may be contained in a regulation made under this Act if the Minister believes that immediate action is required to deal with a significant risk, direct or indirect, to health, safety or the environment.
Cessation of effect (2) An interim order has effect from the time that it is made but ceases to have effect on the earliest of
(b) the day on which it is repealed, (c) the day on which a regulation made under this Act, that has the same effect as the interim order, comes into force, and (d) one year after the interim order is made or any shorter period that may be specified in the interim order. Contravention of unpublished order (3) No person shall be convicted of an offence consisting of a contravention of an interim order that, at the time of the alleged contravention, had not been published in the Canada Gazette unless it is proved that, at the time of the alleged contravention, the person had been notified of the interim order or reasonable steps had been taken to bring the purport of the interim order to the notice of those persons likely to be affected by it.
Exemption from Statutory Instruments Act (4) An interim order
(b) shall be published in the Canada Gazette within 23 days after it is made. Deeming (5) For the purpose of any provision of this Act other than this section, any reference to regulations made under this Act is deemed to include interim orders, and any reference to a regulation made under a specified provision of the Act is deemed to include a reference to the portion of an interim order containing any provision that may be contained in a regulation made under the specified provision.
Tabling of order (6) A copy of each interim order must be tabled in each House of Parliament within 15 days after it is made.
House not sitting (7) In order to comply with subsection (6), the interim order may be sent to the Clerk of the House if the House is not sitting.
(2) If section 89 of the other Act comes into force after section 99 of this Act, then, on the coming into force of section 89 of the other Act, the other Act is amended by adding the following after section 67:
INTERIM ORDERS 67.1 (1) The Minister may make an interim order that contains any provision that may be contained in a regulation made under this Act if the Minister believes that immediate action is required to deal with a significant risk, direct or indirect, to health, safety or the environment.
Cessation of effect (2) An interim order has effect from the time that it is made but ceases to have effect on the earliest of
(b) the day on which it is repealed, (c) the day on which a regulation made under this Act, that has the same effect as the interim order, comes into force, and (d) one year after the interim order is made or any shorter period that may be specified in the interim order. Contravention of unpublished order (3) No person shall be convicted of an offence consisting of a contravention of an interim order that, at the time of the alleged contravention, had not been published in the Canada Gazette unless it is proved that, at the time of the alleged contravention, the person had been notified of the interim order or reasonable steps had been taken to bring the purport of the interim order to the notice of those persons likely to be affected by it.
Exemption form Statutory Instruments Act (4) An interim order
(b) shall be published in the Canada Gazette within 23 days after it is made. Deeming (5) For the purpose of any provision of this Act other than this section, any reference to regulations made under this Act is deemed to include interim orders, and any reference to a regulation made under a specified provision of the Act is deemed to include a reference to the portion of an interim order containing any provision that may be contained in a regulation made under the specified provision.
Tabling of order (6) A copy of each interim order must be tabled in each House of Parliament within 15 days after it is made.
House not sitting (7) In order to comply with subsection (6), the interim order may be sent to the Clerk of the House if the House is not sitting.
(3) If section 89 of the other Act comes into force on the same day as section 99 of this Act, then section 89 of the other Act is deemed to have come into force after section 99 of this Act and subsection (2) applies.
Coming into force 112. (1) Subject to subsection (2), the provisions of this Act, other than sections 1 and 109 to 111.1, and the provisions of any Act that are enacted by this Act come into force on a day or days to be fixed by order of the Governor in Council.
Coming info force (2) The paragraphs or subparagraphs or any other portion of the definition "offence" in section 183 of the Criminal Code, as enacted by section 108 of this Act, comes into force on a day or days to be fixed by order of the Governor in Council.
SCHEDULE
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INTERPRETATION |
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| Section | Statutes of Canada 2004 | In force yyyy/mm/dd |
2 to 23 |
S.C. 2004, ch. 15 | 2004/05/11 |
| 24 | S.C. 2004, ch. 15 | 2004/05/11 |
| 25 | S.C. 2004, ch. 15 | 2004/05/11 |
| 26 | S.C. 2004, ch. 15 | 2004/10/01 |
| 27 | S.C. 2004, ch. 15 | 2004/10/01 |
| 28 | S.C. 2004, ch. 15 | 2004/10/01 |
| 29 | S.C. 2004, ch. 15 | 2004/10/01 |
| 30 | S.C. 2004, ch. 15 | 2004/10/01 |
| 31 | S.C. 2004, ch. 15 | 2004/10/01 |
| 33 | S.C. 2004, ch. 15 | 2004/06/28 |
| 34 | S.C. 2004, ch. 15 | 2004/10/13 |
| 66 | S.C. 2004, ch. 15 | 2004/10/13 |
| 67 | S.C. 2004, ch. 15 | 2004/10/13 |
| 68 | S.C. 2004, ch. 15 | 2004/10/13 |
| 69 | S.C. 2004, ch. 15 | 2004/10/13 |
| 70 | S.C. 2004, ch. 15 | 2004/06/28 |
| 71 | S.C. 2004, ch. 15 | 2004/06/28 |
| 72 | S.C. 2004, ch. 15 | 2004/06/28 |
| 73 | S.C. 2004, ch. 15 | 2004/12/01 |
| 74 | S.C. 2004, ch. 15 | 2004/05/21 |
| 75 | S.C. 2004, ch. 15 | 2004/05/21 |
| 76 | S.C. 2004, ch. 15 | 2004/05/21 |
| 79 | S.C. 2004, ch. 15 | 2004/05/21 |
| 95 | S.C. 2004, ch. 15 | 2004/05/11 |
| 96 | S.C. 2004, ch. 15 | 2004/05/11 |
| 97 | S.C. 2004, ch. 15 | 2004/06/01 |
| 98 | S.C. 2004, ch. 15 | 2004/05/11 |
| 99 | S.C. 2004, ch. 15 | 2004/10/13 |
| 100 | S.C. 2004, ch. 15 | 2004/06/01 |
| 101 | S.C. 2004, ch. 15 | 2004/06/01 |
| 102 | S.C. 2004, ch. 15 | 2004/10/13 |
| 103 | S.C. 2004, ch. 15 | 2004/10/13 |
|
104 |
S.C. 2004, ch. 15 | 2004/05/11 |
| 107 | S.C. 2004, ch. 15 | 2004/05/11 |
|
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