NEWS RELEASES
AXWORTHY TABLES LEGISLATION ALLOWING CANADA TO MEET LANDMINE-BAN TREATY OBLIGATIONS
November 20, 1997 No. 192
AXWORTHY TABLES LEGISLATION ALLOWING
CANADA TO MEET LANDMINE-BAN TREATY OBLIGATIONS
Foreign Affairs Minister Lloyd Axworthy today tabled legislation in the House of
Commons that would enable Canada to fulfil its obligations under the international
Convention banning landmines, which will open for signature at the Treaty Signing
Conference and Mine Action Forum in Ottawa on December 3. Minister Axworthy
introduced the legislation in his capacity as Minister responsible for the
Convention.
"The landmine-ban campaign has attracted support from a broad spectrum of society,
including within Parliament where all parties have shown keen interest in this
issue. It is important that Parliament be given the opportunity to review this
legislation and, we hope, adopt it, prior to the Treaty Signing Conference. This
would allow Canada to reinforce its leadership on this issue by being the first
country to be able to meet fully its obligations under the treaty," said Mr.
Axworthy.
The legislation, called the Anti-Personnel Mines Convention Implementation Act, is
necessary in order to give force of law to Canada's political and diplomatic
obligations as a signatory to the Convention.
The Act will implement the Convention on the Prohibition of the Use, Stockpiling,
Production and Transfer of Anti-Personnel Mines and on their Destruction, which
was adopted at a negotiating conference in Oslo, Norway, last September.
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Highlights of the Act are described in the attached backgrounder.
For further information, media representatives may contact:
Debora Brown
Office of the Minister of Foreign Affairs
(613) 995-1851
Media Relations Office
Department of Foreign Affairs and International Trade
(613) 995-1874
This document is also available on the Department's Internet site:
http://www.dfait-maeci.gc.ca
Backgrounder
ANTI-PERSONNEL MINES CONVENTION IMPLEMENTATION ACT
The Act implements Canada's obligations under the Convention. In particular, the
Act prohibits persons from using, developing, producing, possessing or
transferring to anyone, anti-personnel mines.
Destruction of Anti-Personnel Mines
Consistent with Convention requirements, the Act requires persons who possess
anti-personnel mines for purposes other than those permitted under the Act to
deliver the mines to designated officials, who will see that the mines are
destroyed.
Fact-Finding Mission
As required under the Convention, an international fact-finding team can inspect
Canadian facilities or installations in order to gather information on issues
relating to compliance with the Act. The Act allows the fact-finding team to be
accompanied by a person designated by the responsible Minister.
Dwelling houses may be inspected only with the consent of the occupants. Military
or weapons installations and facilities, and other similar installations and
facilities, may not be inspected without the consent of the persons in control of
those installations or facilities, except under the authority of a warrant.
Penal Sanctions
The Convention requires that states parties are to take appropriate legal
measures, including the imposition of penal sanctions, to prevent and suppress
activities that are prohibited by the Convention. The Act sets out penal sanctions
for non-compliance with the major prohibitions; failure to deliver anti-personnel
mines for destruction; failure to comply with requests for information relevant to
the enforcement of the Act; failure to comply with directions provided during the
inspection; and knowingly making false or misleading statements during the
inspections or wilfully obstructing the inspections.
Non-Prohibited Activities
The Act allows persons to possess anti-personnel mines for training in mine
detection, clearing and destruction. The export and import of anti-personnel mines
is also allowed for these purposes. Certain persons, such as peace officers and
RCMP officers, are allowed to acquire, possess and transfer anti-personnel mines
in the course of their duties for purposes allowed under the Act, such as
rendering the mines harmless.
Persons are allowed to display anti-personnel mines as museum exhibits, provided
the mines have been deactivated in accordance with the Act and Regulations.
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