No.H147/01
For release November 22, 2001

GOVERNMENT OF CANADA
INTRODUCES PUBLIC SAFETY ACT

OTTAWA — The Government of Canada today introduced in the House of Commons a new package of public safety measures as part of its Anti-Terrorism Plan. This legislation, known as the Public Safety Act, strengthens the Government's ability to improve the safety of Canadians, to prevent terrorist attacks, and to respond swiftly if a significant threat should arise.

For example, the Act would:

• clarify and, in some cases, strengthen existing aviation security authorities;
• deter unruly passengers (commonly referred to as "air rage") by making it an offence to engage in any behaviour that endangers the safety or security of a flight or persons on board;
• require air carriers or those operating aviation reservation systems to provide basic information on specific passengers or flights when it is needed for security purposes;
• speed implementation of various security amendments already made to the Immigration Act;
• deter irresponsible hoaxes that endanger the public or heighten public anxiety;
• establish tighter controls over explosives;
• provide for control over the export and transfer of sensitive technology;
• provide job protection for reservists called for emergency service;
• establish temporary "military security zones" when needed to better protect personnel, property and equipment;
• prevent unauthorized use of or interference with Defense computer systems; and
• deter the proliferation of biological weapons.

The Honourable David Collenette, Minister of Transport, and the Honourable John Manley, Minister of Foreign Affairs, announced the details of the proposed Public Safety Act, which includes amendments to a number of existing Acts.

"This legislation will increase our capacity to respond quickly and effectively to threats posed by terrorists to the safety and security of Canadians," said Minister Collenette. "The Government of Canada is committed to reviewing all aspects of transportation security and will take all reasonable action to protect Canadian travelers."`

"Canada already has a solid legal structure to promote public safety, but it was not intended to deal with some of the threats that have emerged since 11 September," stated Minister Manley. "Many of the measures in this legislation are just plain common sense. Canadians want these measures in place."

The proposed amendments clarify and strengthen existing authorities. They also give the Government power to issue interim orders in extraordinary circumstances, where they are essential to safety or security.

For more information, please refer to attached backgrounders. Further information on fighting terrorism is available online at www.canada.gc.ca.

- 30 -

Contacts:

Transport Canada is online at http://www.tc.gc.ca/. Subscribe to news releases and speeches at  apps.tc.gc.ca/listserv/ and keep up-to-date on the latest from Transport Canada.

This news release may be made available in alternative formats for persons with visual disabilities.

BACKGROUNDER 1

Aeronautics Act

The amendments to the Aeronautics Act are designed to clarify and update existing aviation security authorities.

The amendments would also strengthen some of these authorities to maximize the effectiveness of the aviation security system, and enhance the ability of the Government of Canada to provide a safe and secure environment for aviation.

Currently, the authority to make regulations is worded in general terms in the Aeronautics Act. The amendments would clarify these existing authorities, and set out some of the specific matters that could be dealt with in regulations, including those concerning:

• Restricted areas at airports; for example, regulations respecting identification or administration of such areas;

• Screening of people entering restricted areas; for example, the amendments clarify the authority to require screening of persons and goods entering or in a restricted area; and to require security clearances and restricted area passes for people with access to restricted areas; and

• Security requirements for the design or construction of aircraft, airports and other aviation facilities; for example, regulations respecting the strengthening of cockpit doors or limiting the proximity of public parking lots to passenger terminals.

Strengthening security authorities

The amendments would also update or expand certain authorities to make regulations including those concerning:

• Restricted areas; for example, the amendments could allow regulations to establish restricted areas within aircraft and airports, as well as other aviation facilities, such as air traffic control towers located outside restricted areas. Currently, the concept of restricted areas is applied only to areas within airports;

• Security clearances; for example, the amendments would allow regulations requiring crop duster pilots to obtain security clearances; and

• Screening of persons entering restricted areas; for example, the amendments would allow regulations permitting or requiring screening of people entering restricted areas, even those people who have security clearances and are already in possession of a restricted area access pass.

Passenger Information

The amendments also address the issue of passenger data that may be required both at home and abroad in the interest of transportation security.

For example, the amendments would allow regulations that enable the Government of Canada to require air carriers and aviation reservation system operators to provide basic information on a specified passenger while balancing the privacy rights of that passenger. The amendments would also enable, subject to regulations, air carriers to release passenger and crew data to a foreign government, where such information is required by the laws of that country.

Unruly passengers

The amendments discourage unruly passengers (commonly referred to as “air rage”) by making it an offence to engage in any behaviour that endangers the safety or security of a flight or persons on board, by interfering with crew members or persons following crew members’ instructions.

Criminal Code [hoax provisions]

The proposed Criminal Code offences specifically target those who intend to cause fear of death or bodily harm to any person by initiating hoaxes that either disseminate false information about explosives or other lethal devices, or deploy imitation explosives or other lethal devices. These devices include imitation biological agents or toxins (like anthrax or smallpox), toxic chemicals and radioactive material. The maximum penalty for initiating hoaxes depends on the seriousness of the offence, and will range from 18 months if the charge is summary, to 10 years if the charge is indictable.

The UN International Convention for the Suppression of Terrorist Bombings (Terrorist Bombing Convention), prohibits the unlawful use of “explosive or other lethal devices” in public places or against public facilities. It contains a definition of “explosive or other lethal devices” that specifically includes any device that is capable of causing death, serious bodily injury, or substantial material damage through the release of toxic chemicals, biological agents, or radioactive substances. The Criminal Code offences in Bill C-36 already incorporate the Terrorist Bombing Convention offence, and these amendments will adopt similar definitions.

Explosives Act

The federal Explosives Act regulates the importation, manufacture, storage and sale of commercial explosives, along with aspects of their transportation. Natural Resources Canada’s primary mandate is to ensure the health and safety of workers in the industry and of the general public. Use of explosives is, in general, a provincial responsibility.

The proposed amendments to the Act will strengthen the Government of Canada’s role in regulating the acquisition and exportation of explosives and transportation through Canada. They will also introduce tougher security measures related to the manufacture, storage and transportation of explosives. The Act will also define “illicit trafficking” so that it captures the type of activity that can enable criminals or terrorists to acquire explosives. New sections will address security measures, record keeping and the exchange of information for the purpose of tracing, identifying and preventing the illicit manufacture or illicit trafficking of explosives.

The changes will align Canada’s legislation with the Organization of American States’ (OAS) 1997 Convention against the Illicit Manufacturing of and Trafficking in Firearms, Ammunition, Explosives and other related materials.

Export and Import Permits Act (EIPA)

Proposed amendments to the EIPA will provide explicit authority to control the electronic transfer of technology on Canada’s Export Control List. These changes will respond to the need for greater controls over the export and electronic transfer of military and strategically sensitive technology. These amendments will also provide the Minister of Foreign Affairs with authority to consider general security concerns when assessing applications for permits to export or transfer goods or technology.

This bill proposes amendments to the current Immigration Act in order to enhance the government’s ability to deal with security concerns. These proposed amendments are consistent with provisions found in the new Immigration and Refugee Protection Act. The Act received Royal Assent on November 1, 2001 and is scheduled for implementation on June 28, 2002. Through this bill, these amendments could be implemented that much sooner.

Denying suspected terrorists or war criminals access to the refugee determination process

Under the amendment, refugee determination proceedings before the Immigration and Refugee Board could be suspended or terminated if there are reasonable grounds to believe that the claimant is a terrorist, senior official of a government engaged in terrorism or a war criminal. This ensures that those people who should be excluded from Canada’s protection are not allowed to pursue a refugee claim.

The amendment clarifies the minister’s authority to determine to which country a person under a “departure order” - a type of removal order - could be removed. This amendment could be applied against a terrorist or a fugitive from justice who is wanted in another jurisdiction for prosecution under criminal or national security provisions. This reduces the prospect that wanted persons would be able to evade justice by going to a country of their choice rather than to the country where they are wanted.

The current Immigration Act does not include an offence of “human trafficking”. This is a fast-growing, lucrative and exploitative type of international crime. The recent Transnational Organized Crime Convention calls on countries to provide themselves with tools to prosecute and punish this crime. Canada, as a Convention signatory, has led in promoting its implementation.

The amendment also provides stiff increases in penalties for those who engage in smuggling persons across the border. Under the amendment, those convicted of human trafficking and smuggling would face fines of up to $1 million and/or prison sentences for life. A list of aggravating factors will be considered in sentencing. These include: did the offence result in bodily harm or degrading treatment; was the offence committed for profit; and was the offence committed in association with a criminal organization.

The current Immigration Act does not allow for arrest and detention of foreign nationals within Canada who are unable to prove their identity. Such authority exists only when such individuals are at a Canadian port of entry. However, Citizenship and Immigration Canada (CIC) officers do encounter people within Canada who may have already entered the country surreptitiously or may have destroyed the documents they used to enter Canada.

The proposed amendment would give Immigration officers the authority to arrest and detain foreign nationals within Canada who are unable to satisfactorily identify themselves in the course of an immigration proceeding. This gives CIC the means to address identity and enforcement concerns whether they arise at the border or within Canada. This provision would not apply to Canadian citizens, permanent residents or those determined to be a refugee by the Immigration and Refugee Board.

Passenger information from transportation companies

The current Immigration Act does not explicitly require transportation companies to provide the department with information about their passengers en route to Canada. Such information is protected under the Privacy Act and can only be collected if there is legislative authority to do so.

The amendment would oblige transportation companies to provide basic data about each Canada-bound passenger to CIC so that the department can conduct analyses, criminal record checks and assessment prior to the person’s arrival in Canada. CIC would then be better prepared to interview people upon arrival. This amendment is part of CIC’s effort to support the government’s overall strategy of strengthening border security.

National Defense Act

Proposed amendments to the National Defense Act would:

• Provide authority to the Canadian Forces to protect their computer systems, networks and the information they contain from attack or manipulation The Canadian Forces’ unique role and their ability to operate with their allies requires that they have the authority to protect their networks;

• Modernize the definition of “emergency” to reflect the new security environment by including clear reference to circumstances of armed conflict short of formally declared war. A number of important powers under the National Defense Act, such as the authority to generate forces to deal with terrorist threats, are tied to the existence of an emergency;

• Provide authority to establish temporary “military security zones” to protect Canadian Forces and visiting forces personnel and equipment that are located off of National Defense establishments. Military security zones may also be established to protect property, places and things that the Canadian Forces have been directed to protect;

• Establish a panel of military reserve judges that can be called upon when sudden changes in operational commitments increase the workload for the Military Justice System;

• Provide job protection measures for reserve force personnel in the event that they must be called out compulsorily by the Government in an emergency such as armed conflict or war. At the conclusion of a period of compulsory call out, employers would be required to reinstate reservists in equivalent employment. This amendment ensures that reservists do not have to choose between possibly losing their livelihoods and breaking the law that requires them to serve when called; and

• Modernize the procedures that are followed when provincial and territorial governments request military assistance and align it with existing mechanisms to rationalize the response of the Canadian Forces in providing assistance to civilian law enforcement, which involve federal government input. Requests for aid of the civil power will continue to be made directly to the Chief of Defense Staff (CDS). However, the Minister of National Defense would be able to provide direction to the CDS to ensure that the Government of Canada is able to manage simultaneous or multiple requests for assistance during an emergency.

National Energy Board Act

Safety of inter-provincial and international pipelines, and international power lines is a matter of primary public interest and has been included in the National Energy Board’s (NEB) mandate since 1959.The Board regulates the design, construction, operation, maintenance and abandonment of a pipeline or power line and ensures the safety of employees, the public, and the environment.

The amendments expand the NEB’s mandate to regulate security of installations and provide the National Energy Board with a clear statutory mandate to:

• order a pipeline company or certificate holder for an international power line to take measures to ensure the security of the pipeline or power line;

• make regulations respecting security measures;

• keep information (relating to security) confidential in its orders or proceedings;

• provide advice to the Minister of Natural Resources on issues related to security of pipelines and international power lines; and

• waive the publication requirements for applications to export electricity or to construct international power lines if there is a critical shortage of electricity.

Financial Transactions and Reports Analysis Center of Canada (FINTRAC)

The legislation proposes to amend the Proceeds of Crime (Money Laundering) Act to provide FINTRAC with the ability to share compliance-related information with various agencies that regulate and supervise financial institutions and financial intermediaries, such as the Office of the Superintendent of Financial Institutions.

Subject to the passage of the legislation, FINTRAC would be able to share information with regulators and supervisors on how the various reporting entities, such as banks and trust companies, are complying with the provisions of the Proceeds of Crime (Money Laundering) Act.

Biological and Toxin Weapons Conventions Implementation Act

This bill will enact this Act, which will prohibit biological weapons and agents that do not have a peaceful purpose and will provide a more complete legal basis to regulate dual-use biological agents in Canada. The Act will help to prevent the development, production, stockpiling, acquisition, transfer or use of biological weapons by states, individuals or other entities. It will supplement and reinforce Canada's existing legislation to prevent the development or transfer of biological weapons.

Interim Orders

The proposed amendments would give Ministers the authority to issue an interim order if immediate action is required to deal with a serious threat or significant risk - direct or indirect - to health, safety, security, or the environment, in circumstances where there is no regulation, or inadequate regulation, to address such a threat.

An interim order could cover any matter normally subject to regulations made by the Governor in Council under Acts within the mandate of the Ministers of Environment, Health, Fisheries and Oceans, and Transport:

• Canadian Environmental Protection Act;

• Department of Health Act;

• Food and Drugs Act

• Hazardous Products Act

• Navigable Waters Protection Act;

• Pest Control Products Act;

• Quarantine Act

• Radiation Emitting Devices Act

• Canada Shipping Act; and

• Canada Shipping Act 2001.

Several provisions ensure a significant degree of control over the actions of Ministers in an emergency situation:

• Ministers would have to obtain approval from the Governor in Council within 90 days after the interim order is made;

• the interim order would be valid only for a period of up to one year;

• the interim order would have to be published in the Canada Gazette within 23 days after it is issued;

• no person could be convicted for contravening the interim order, unless at the time of the contravention, the interim order had been published in the Canada Gazette, the person had been notified, or reasonable steps had been taken to inform persons likely to be affected by it;

• the interim order could be repealed at any time; and

• the interim order would be subject to judicial review, as are other government decisions.

Provisions for similar interim orders already exist in other statutes such as the Aeronautics Act and the Canadian Environmental Protection Act.

BACKGROUNDER 2

The list of acts that will be affected by the new package of public safety measures