Anti-Personnel Mines Convention Implementation Act (S.C. 1997, c. 33)

Act current to 2012-05-02 and last amended on 2003-07-02. Previous Versions

Anti-Personnel Mines Convention Implementation Act

S.C. 1997, c. 33

Assented to 1997-11-27

An Act to implement the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

Marginal note:Short title

 This Act may be cited as the Anti-Personnel Mines Convention Implementation Act.

INTERPRETATION

Marginal note:Definitions

 The definitions in this section apply in this Act.

“anti-handling device”

« dispositif antimanipulation »

“anti-handling device” means a device intended to protect a mine and that is part of, linked to, attached to or placed under the mine and that activates when an attempt is made to tamper with or otherwise intentionally disturb the mine.

“anti-personnel mine”

« mine antipersonnel »

“anti-personnel mine” means a mine that is designed, altered or intended to be exploded by the presence, proximity or contact of a person and that is capable of incapacitating, injuring or killing one or more persons. Mines that are designed, altered or intended to be detonated by the presence, proximity or contact of a vehicle as opposed to a person, and that are equipped with anti-handling devices, are not considered to be anti-personnel mines as a result of being so equipped.

“Convention”

« Convention »

“Convention” means the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction, set out in the schedule to this Act, as amended from time to time in accordance with Article 13 of the Convention.

“dwelling-house”

« maison d’habitation »

“dwelling-house” means the whole or any part of a building or structure that is kept or occupied as a permanent or temporary residence, and includes

  • (a) a building within the curtilage of a dwelling-house that is connected to it by a doorway or by a covered and enclosed passageway; and

  • (b) a unit that is designed to be mobile and to be used as a permanent or temporary residence and that is being used as such a residence.

“mine”

« mine »

“mine” means a munition designed, altered or intended to be placed under, on or near the ground or other surface area and to be exploded by the presence, proximity or contact of a person or a vehicle.

“Minister”

« ministre »

“Minister”, in respect of any provision of this Act, means the member or members of the Queen’s Privy Council for Canada designated under section 5 as the Minister or Ministers for the purposes of that provision.

“place”

« lieu »

“place” includes any conveyance.

“transfer”

« transfert »

“transfer”, in respect of anti-personnel mines, includes, in addition to the physical movement of anti-personnel mines, the transfer of title to and control over anti-personnel mines, but does not include the transfer of territory containing emplaced anti-personnel mines.